Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009

Other minor amendments – diligence

10.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2) In rule 19.2 (warrants for diligence on counterclaims)(1)—

(a) in paragraph (1), for “arrestment on the dependence” substitute “interim diligence”; and

(b) omit paragraphs (2) to (4).

(3) In rule 20.3 (warrants for diligence on third party notice)—

(a) for paragraph (1) substitute—

“(1) A defender who applies for an order for service of a third party notice may apply for—

(a) a warrant for arrestment to found jurisdiction;

(b) a warrant for interim diligence,

which would have been permitted had the warrant been sought in an initial writ in a separate action.”;

(b) in paragraph (2), for “such a warrant” substitute “a warrant under paragraph (1)(a)”; and

(c) in paragraph (3), for “paragraph (1)” substitute “paragraph (1)(a)”.

(1)

Rule 19.2 was amended by S.I. 1996/2445 and S.S.I. 2004/197.