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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Changes over time for: Cross Heading: CHAPTER 30

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CHAPTER 30SWITHDRAWAL OF AGENTS

Intimation of withdrawal of agent to courtS

30.1.—(1) Where an agent withdraws from acting on behalf of a party, he shall intimate his withdrawal by letter to the Deputy Principal Clerk and to every other party.

(2) The Deputy Principal Clerk shall cause such letter to be lodged in process.

Commencement Information

I1Sch. 2 rule 30.1 in force at 5.9.1994, see para. 1(1)

Intimation to party whose agent has withdrawnS

30.2.—(1) The court shall, on the motion of any other party, pronounce an interlocutor ordaining the party whose agent has withdrawn from acting to intimate to the Deputy Principal Clerk within 14 days (or such other period as the court, on cause shown, thinks fit) after service of the [F1notice] as required by paragraph (2) whether or not he intends to proceed, under certification that if he fails to intimate whether or not he intends to proceed, the court may grant such decree or make such order or finding as it thinks fit.

(2) The party who enrolled a motion under paragraph (1) shall forthwith serve a notice in Form 30.2 F2... to the party whose agent has withdrawn from acting.

Consequences of failure to intimate intention to proceedS

30.3.  Where a party on whom a notice F3... has been served under rule 30.2(2) fails to intimate to the Deputy Principal Clerk within the period specified in the [F4notice] that he intends to proceed, the court shall, on the motion of any other party where a certificate of service of the [F4notice] has been lodged in process, grant such decree, order or finding as it thinks fit.

Textual Amendments

Commencement Information

I3Sch. 2 rule 30.3 in force at 5.9.1994, see para. 1(1)

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