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

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Rules of the Court of Session

  4. 3.Amendments, repeals, revocations and savings

  5. Signature

    1. SCHEDULE 1

      POWERS UNDER AND BY VIRTUE OF WHICH THIS ACT OF SEDERUNT IS MADE

    2. SCHEDULE 2

      THE RULES OF THE COURT OF SESSION 1994

      1. Preliminary

        1. CHAPTER 1 CITATION, APPLICATION, ETC.

          1. 1.1.Citation

          2. 1.2.Application

          3. 1.3.Interpretation etc.

          4. 1.4.Forms

          5. 1.5.Direction relating to Advocate General

        2. CHAPTER 2 RELIEF FROM COMPLIANCE WITH RULES

          1. 2.1.Relief for failure to comply with rules

      2. General and administration

        1. CHAPTER 3 OFFICES OF THE COURT

          1. 3.1.Office of Court

          2. 3.2.General Department

          3. 3.3.Petition Department

          4. 3.4.Rolls Department

          5. 3.5.Extracts Department

          6. 3.6.Teind Office

          7. 3.6A.Registers kept by the Court

          8. 3.7.The Auditor

        2. CHAPTER 4 THE PROCESS

          1. 4.1.Form, size, etc., of documents forming the process

          2. 4.2.Signature of documents

          3. 4.3.Lodgings of processes

          4. 4.4.Steps of process

          5. 4.5.Productions

          6. 4.6.Intimation of steps of process

          7. 4.7.Lodging of documents in Inner House causes

          8. 4.8.Copies of documents for use of court

          9. 4.9.Documents ordered or allowed to be lodged

          10. 4.10.Receipt of documents

          11. 4.11.Documents not to be borrowed

          12. 4.12.Borrowing and returning documents

          13. 4.13.Finally extracted processes not to be borrowed

          14. 4.14.Lost documents

          15. 4.15.Outer House interlocutors

          16. 4.16.Inner House interlocutors

        3. CHAPTER 5 CAVEATS

          1. 5.1.Orders against which caveats may be lodged

          2. 5.1A.Further restriction as to caveats

          3. 5.2.Form, lodging and renewal of caveats

        4. CHAPTER 6 THE ROLLS

          1. 6.1.Printing and publishing of rolls

          2. 6.2.Fixing and allocation of diets in Outer House

          3. 6.3.Allocation of diets in Inner House

          4. 6.4.Putting out causes for proof, jury trial or hearing

        5. CHAPTER 7 EXTRACTS AND OFFICIAL CERTIFIED COPY INTERLOCUTORS

          1. 7.1.Applications for extracts

          2. 7.2.Extracts of decrees in certain family actions

          3. 7.3.Amendments to principal writ

          4. 7.4.Return of steps of process and borrowing productions

          5. 7.5.Decrees for payment in foreign currency

          6. 7.6.Decrees of adjudication

          7. 7.7.Interest

          8. 7.8.Fees for extracts to be included in extracts

          9. 7.9.Form of extracts

          10. 7.10.Warrants for execution

          11. 7.11.Official certified copy interlocutors

        6. CHAPTER 8 TAXES ON MONEY UNDER CONTROL OF THE COURT

          1. 8.1.Certificates by officer of Inland Revenue

        7. CHAPTER 9 COURT RECORDS

          1. 9.1.Transmission of records

          2. 9.2.Retransmission of processes to Office of Court

        8. CHAPTER 10 SITTINGS OF THE COURT

          1. 10.1.Session and terms of court

          2. 10.2.Sederunt days

          3. 10.3.Sittings during term

          4. 10.4.Sittings during session outwith terms

          5. 10.5.Sittings during vacation

          6. 10.6.Lord Ordinary in Exchequer Causes

          7. 10.7.Hearing of commercial actions

        9. CHAPTER 11 VACATION JUDGE

          1. 11.1.Powers of vacation judge

        10. CHAPTER 12 ASSESSORS

          1. 12.1.Summoning of assessors

          2. 12.2.Consignation of money for fees of assessors

          3. 12.3.Motions to summon assessors

          4. 12.4.Copies of pleadings for use of assessors

          5. 12.5.Selection of assessors

          6. 12.6.Number of assessors

          7. 12.7.Skilled witnesses where assessors summoned

          8. 12.8.Note of questions submitted to assessors

          9. 12.9.Remuneration of assessors

      3. Initiation and progress of proceedings

        1. CHAPTER 13 SUMMONSES, NOTICE, WARRANTS AND CALLING

          1. 13.1.Initiation of causes by summons

          2. 13.2.Form of summonses

          3. 13.3.Address of defender

          4. 13.4.Period of notice in summonses

          5. 13.5.Signeting

          6. 13.6.Authority for service and intimation on signeting

          7. 13.6A.Authority for diligence etc. before calling

          8. 13.7.Service and intimation of summonses

          9. 13.8.Authority for intimation after signeting

          10. 13.8A.Authority for diligence etc. after calling

          11. 13.9.Effect of authority for inhibition on the dependence

          12. 13.10.Recall etc. of arrestment or inhibition

          13. 13.11.Movement of arrested property

          14. 13.12.Intimation of actions relating to heritable property

          15. 13.13.Calling

          16. 13.14.Protestation for not calling summons

        2. CHAPTER 14 PETITIONS

          1. 14.1.Application of this Chapter

          2. 14.2.Applications by petition in the Outer House

          3. 14.3.Applications by petition in the Inner House

          4. 14.4.Form of petitions

          5. 14.5.First order in petitions

          6. 14.6.Period of notice for lodging answers

          7. 14.7.Intimation and service of petitions

          8. 14.8.Procedure where answers lodged

          9. 14.9.Unopposed petitions

        3. CHAPTER 15 APPLICATIONS BY MINUTE OR NOTE

          1. 15.1.Applications by minute

          2. 15.2.Applications by note

        4. CHAPTER 16 SERVICE, INTIMATION AND DILIGENCE

          1. PART I

            SERVICE AND INTIMATION

            1. 16.1.Methods and manner of service

            2. 16.2.Service furth of United Kingdom

            3. 16.2A.Service under the Council Regulation

            4. 16.3.Service by messenger-at-arms

            5. 16.4.Service by post

            6. 16.5.Service where address of person is not known

            7. 16.6.Translations of documents served or advertised abroad

            8. 16.7.Intimation of documents

            9. 16.8.Intimation on a warrant to intimate

            10. 16.9.Written intimation

            11. 16.10.Acceptance of service or intimation and dispensing with period of notice

            12. 16.11.No objection to regularity of service or intimation

          2. PART II

            DILIGENCE

            1. 16.12.Execution of diligence

            2. 16.13.Arrestment of ships and arrestment in rem of cargo on board ship

            3. 16.14.Arrestment of cargo

            4. 16.15.Forms for diligence

        5. CHAPTER 17 APPEARANCE IN ACTIONS

          1. 17.1.Entering appearance

          2. 17.2.Appearance not to imply acceptance of jurisdiction

        6. CHAPTER 18 DEFENCES AND ANSWERS

          1. 18.1.Form and lodging of defences

          2. 18.2.Contesting jurisdiction

          3. 18.3.Answers

        7. CHAPTER 19 DECREES IN ABSENCE

          1. 19.1.Decrees in absence

          2. 19.2.Recall of decrees in absence

        8. CHAPTER 20 DECREES BY DEFAULT

          1. 20.1.Decrees where party in default

        9. CHAPTER 21 SUMMARY DECREES

          1. 21.1.Application of this Chapter

          2. 21.2.Applications for summary decree

          3. 21.3.Application of summary decree to counterclaims etc.

        10. CHAPTER 22 MAKING UP AND CLOSING RECORDS

          1. 22.1.Making up open record

          2. 22.2.Adjustment

          3. 22.3.Closing record

          4. 22.4.Orders for notes of argument

        11. CHAPTER 23 MOTIONS

          1. 23.1.Interpretation of this Chapter

          2. 23.2.Enrolment of motions

          3. 23.3.Intimation of motions

          4. 23.4.Opposition to motions

          5. 23.5.Consent to motions

          6. 23.6.Hearing of motions

          7. 23.7.Motions in session outwith a term or in vacation

          8. 23.8.Motions by pursuer before calling or petitioner before first order

          9. 23.9.Motions where caveat lodged

          10. 23.10.Motions by defender or other person before calling

          11. 23.11.Statutory applications by motion

          12. 23.12.Expenses of motions

          13. 23.13.Conditions attached to granting of motions

          14. 23.14.Appearance by solicitor for certain motions

        12. CHAPTER 24 AMENDMENT OF PLEADINGS

          1. 24.1.Powers of court

          2. 24.2.Applications to amend

          3. 24.3.Service of amended pleadings

          4. 24.4.Expenses and conditions of amendment

          5. 24.5.Effect of amendment on diligence

        13. CHAPTER 25 COUNTERCLAIMS

          1. 25.1.Counterclaims

          2. 25.2.Authority for diligence etc. on counterclaims

          3. 25.3.Answers to counterclaims

          4. 25.4.Effect of abandonment of action

          5. 25.5.Proof or jury trial of counterclaims

          6. 25.6.Interlocutors in respect of counterclaims

        14. CHAPTER 25A DEVOLUTION ISSUES

          1. 25A.1.Interpretation of this Chapter

          2. 25A.2.Proceedings where devolution issue raised in principal writ

          3. 25A.3.Time for raising devolution issue

          4. 25A.4.Specification of devolution issue

          5. 25A.5.Intimation of devolution issue

          6. 25A.6.Response to intimation

          7. 25A.7.Reference of devolution issue to Inner House

          8. 25A.8.Reference of devolution issue to Judicial Committee

          9. 25A.9.Sist of cause on reference to Judicial Committee

          10. 25A.10.Transmission of reference

          11. 25A.11.Appeals to the Judicial Committee

          12. 25A.12.Orders mitigating the effect of certain decisions

        15. CHAPTER 26 THIRD PARTY PROCEDURE

          1. 26.1.Applications for third party notice

          2. 26.2.Averments where order for service of third party notice sought

          3. 26.3.Authority for diligence etc. on third party notices

          4. 26.4.Service on third party

          5. 26.5.Answers to third party notice

          6. 26.6.Consequences of failure to lodge answers

          7. 26.7.Procedure following answers

        16. CHAPTER 27 DOCUMENTS FOUNDED ON OR ADOPTED IN PLEADINGS

          1. 27.1.Lodging of documents founded on or adopted

          2. 27.2.Consequences of failure to lodge documents founded on or adopted

        17. CHAPTER 28 PROCEDURE ROLL

          1. 28.1.Hearings on procedure roll

        18. CHAPTER 28A NOTICES TO ADMIT AND NOTICES OF NON-ADMISSION

          1. 28A.1.Notices to admit and notices of non-admission

          2. 28A.2.Consequences of failure to intimate notice of non-admission

        19. CHAPTER 29 ABANDONMENT

          1. 29.1.Abandonment of actions

          2. 29.2.Application of abandonment of actions to counterclaims

          3. 29.3.Abandonment of petitions, minutes and notes

        20. CHAPTER 30 WITHDRAWAL OF AGENTS

          1. 30.1.Intimation of withdrawal of agent to court

          2. 30.2.Intimation to party whose agent has withdrawn

          3. 30.3.Consequences of failure to intimate intention to proceed

        21. CHAPTER 31 MINUTES OF SIST AND TRANSFERENCE

          1. 31.1.Minutes of sist

          2. 31.2.Minutes of transference

        22. CHAPTER 32 TRANSMISSION AND REMIT OF CAUSES

          1. 32.1.Remits to sheriff court

          2. 32.2.Transmissions on contingency

          3. 32.3.Intimation of receipt of process transmitted from sheriff court

          4. 32.4.Lodging of process and motion for further procedure

          5. 32.5.Reponing against failure to comply with rule 32.4(1) or (2)

          6. 32.6.Insistence in remit by another party

          7. 32.7.Re-transmission to sheriff clerk

        23. CHAPTER 32A TRANSFER OF CAUSES TO AND FROM THE COMPETITION APPEAL TRIBUNAL

          1. 32A.1.Transfers to the Competition Appeal Tribunal

          2. 32A.2.Receipt of transfers from the Competition Appeal Tribunal

          3. 32A.3.Motion for further procedure and lodging of process in transfers from the Competition Appeal Tribunal

          4. 32A.4.Reponing against a failure to comply with rule 32A.3(1) or (2)

          5. 32A.5.Insistence in transfer by another party

          6. 32A.6.Re-transmission to Registrar of the Competition Appeal Tribunal

        24. CHAPTER 33 CAUTION AND SECURITY

          1. 33.1.Application of this Chapter

          2. 33.2.Form of applications

          3. 33.3.Orders to find caution or other security

          4. 33.4.Methods of finding caution or giving security

          5. 33.5.Cautioners and guarantors

          6. 33.6.Form of bonds of caution and other securities

          7. 33.7.Sufficiency of caution or security and objections

          8. 33.8.Juratory caution

          9. 33.9.Insolvency or death of cautioner or guarantor

          10. 33.10.Failure to find caution or give security

          11. 33.11.Interlocutors authorising uplifting of consignation receipts

          12. 33.12.Accountant of Court

        25. CHAPTER 34 REPORTS TO INNER HOUSE

          1. 34.1.Report by Lord Ordinary to Inner House

          2. 34.2.Fixing hearings for reports

          3. 34.3.Disposal of reports

        26. CHAPTER 34A PURSUERS' OFFERS

          1. 34A.1.Application and interpretation of this Chapter

          2. 34A.2.Offers to settle

          3. 34A.3.Protection of offers from disclosure

          4. 34A.4.Withdrawal or expiry of offers

          5. 34A.5.Acceptance of offers

          6. 34A.6.Consequences of failure to accept an offer to settl

        27. CHAPTER 35 RECOVERY OF EVIDENCE

          1. 35.1.Application and interpretation of this Chapter

          2. 35.2.Applications for commission and diligence for recovery of documents or for orders under section 1 of the Act of 1972

          3. 35.3.Optional procedure before executing commission and diligence

          4. 35.3A.Optional procedure where there is a party litigant or confidentiality is claimed

          5. 35.4.Execution of commission and diligence for recovery of documents

          6. 35.5.Execution of orders for production or recovery of documents or other property under section 1(1) of the Act of 1972

          7. 35.6.Execution of orders for inspection etc. of documents or other property under section 1(1) of the Act of 1972

          8. 35.7.Execution of orders for preservation etc. of documents or other property under section 1(1) of the Act of 1972

          9. 35.8.Confidentiality

          10. 35.9.Warrants for production of original documents from public records

          11. 35.10.Warrants for transmission of processes

          12. 35.11.Commissions for examination of witnesses

          13. 35.12.Commissions on interrogatories

          14. 35.13.Commissions without interrogatories

          15. 35.14.Evidence taken on commission

          16. 35.15.Letters of request

        28. CHAPTER 36 PROOFS

          1. 36.1.Hearing parts of proof separately

          2. 36.2.Citation of witnesses

          3. 36.3.Lodging productions

          4. 36.4.Copy productions

          5. 36.5.Returning borrowed documents before proof

          6. 36.6.Notices to admit and notices of non-admission

          7. 36.7.Admissions by parties

          8. 36.8.Lodging of certain written statements

          9. 36.9.Attendance, and lists, of witnesses

          10. 36.10.Administration of oath or affirmation to witnesses

          11. 36.11.Recording of evidence

          12. 36.12.Finality of decision on sufficiency of stamp

          13. 36.13.Death, disability, retiral, etc., of Lord Ordinary

        29. CHAPTER 37 JURY TRIALS

          1. 37.1.Applications for jury trial

          2. 37.2.Citation of jurors

          3. 37.3.Ineligibility for, and excusal from, jury service

          4. 37.4.Application of certain rules relating to proofs

          5. 37.5.Failure of party to appear at jury trial

          6. 37.5A.Recording of proceedings at jury trial

          7. 37.6.Administration of oath or affirmation to jurors

          8. 37.7.Exceptions to judge’s charge

          9. 37.8.Further questions for jury

          10. 37.9.Verdicts

          11. 37.10.Application of verdicts

        30. CHAPTER 38 RECLAIMING

          1. 38.1.Interpretation of this Chapter

          2. 38.2.Reclaiming

          3. 38.3.Reclaiming days

          4. 38.4.Leave to reclaim etc. in certain cases

          5. 38.5.Applications for leave to reclaim

          6. 38.6.Method of reclaiming

          7. 38.7.Leave to reclaim out of time

          8. 38.7A.Required application for early disposal of certain reclaiming motions

          9. 38.8.Effect of reclaiming

          10. 38.9.Effect of extracted interlocutor

          11. 38.10.Appeals treated as reclaiming motions

          12. 38.11.Reclaiming against decree by default

          13. 38.12.Reclaiming against interlocutor adjusting issues

          14. 38.13.Early disposal of reclaiming motion

          15. 38.14.Objections to competency of reclaiming motion

          16. 38.15.Procedure where no objection to competency

          17. 38.16.Grounds of appeal in reclaiming motions

          18. 38.17.Orders for hearing

          19. 38.18.Reclaiming prints

          20. 38.19.Lodging of appendices in reclaiming motions

          21. 38.20.Notes of evidence not extended when agreed

          22. 38.21.Amendment of pleadings in reclaiming motions

        31. CHAPTER 39 APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICTS

          1. 39.1.Applications for new trial

          2. 39.2.Applications out of time

          3. 39.3.Objections to competency of application

          4. 39.4.Procedure where no objections to competency

          5. 39.5.Lodging of appendix

          6. 39.6.Applications to enter jury verdict

        32. CHAPTER 40 APPEALS FROM INFERIOR COURTS

          1. 40.1.Application and interpretation of this Chapter

          2. 40.2.Applications for leave to appeal from inferior court

          3. 40.3.Determination of applications for leave to appeal from inferior court

          4. 40.4.Time and method of appeal

          5. 40.5.Leave to appeal out of time

          6. 40.6.Transmission of appeal process

          7. 40.7.Procedure following transmission of appeal process

          8. 40.7A.Required application for early disposal of appeal against interlocutor other than final judgment

          9. 40.8.Sist of process of appeal

          10. 40.9.Appeals deemed abandoned

          11. 40.10.Reponing against deemed abandonment

          12. 40.11.Early disposal of appeal

          13. 40.12.Objections to competency of appeals

          14. 40.13.Procedure where no objection to competency of appeal

          15. 40.14.Grounds of appeal

          16. 40.15.Orders for hearing of appeal

          17. 40.16.Appeal prints

          18. 40.17.Lodging of appendices in appeals

          19. 40.18.Notes of evidence not extended when agreed in appeals

          20. 40.19.Amendment of pleadings in appeals

          21. 40.20.Referral to family mediation in appeals from sheriff court

          22. 40.21.Use of Gaelic

        33. CHAPTER 41 APPEALS UNDER STATUTE

          1. PART I

            GENERAL PROVISIONS

            1. 41.1.Application and interpretation of this Chapter

            2. 41.2.Applications for leave to appeal

            3. 41.3.Determination of applications for leave to appeal

          2. PART II

            APPEALS BY STATED CASE ETC.

            1. 41.4.Application and interpretation of this Part

            2. 41.5.Applications for case

            3. 41.6.Additional questions by other parties

            4. 41.7.Consideration of application by tribunal

            5. 41.8.Procedure for ordaining tribunal to state a case

            6. 41.9.Preparation and issue of the case

            7. 41.10.Intimation of intention to proceed

            8. 41.11.Lodging of case in court

            9. 41.12.Abandonment of appeal

            10. 41.13.Reponing against deemed abandonment

            11. 41.14.Procedure on abandonment

            12. 41.15.Motions for hearing of appeals

            13. 41.16.Amendment or re-statement of case

            14. 41.17.Remit to reporter

          3. PART III

            APPEALS IN FORM 41.19

            1. 41.18.Application of this Part

            2. 41.19.Form of appeal

            3. 41.20.Lodging of appeal in court

            4. 41.21.Orders for service and answers

            5. 41.22.Motion for further procedure

          4. PART IV

            EXCHEQUER APPEALS

            1. 41.23.Revenue appeals by stated case

            2. 41.24.Revenue appeals from Special Commissioners

            3. 41.25.Appeals relating to penalties

            4. 41.26.Appeals relating to certain determinations of the Commissioners of Inland Revenue

          5. PART V

            APPEALS UNDER THE PENSIONS APPEAL TRIBUNAL ACT 1943

            1. 41.27.Form of appeal under the Act of 1943

          6. PART VI

            APPEALS UNDER SECTION 51 OF THE CHILDREN (SCOTLAND) ACT 1995

            1. 41.28.Application of Part II to this Part

            2. 41.29.Interpretation of this Part

            3. 41.30.Lodging of reports and statements with sheriff clerk

            4. 41.31.Lodging etc. of reports and statements in court

            5. 41.32.Hearing in private

            6. 41.33.Expenses

          7. PART VII

            APPEALS UNDER THE REPRESENTATION OF THE PEOPLE ACT 1983

            1. 41.34.Application of this Part

            2. 41.35.Form of appeal under this Part

            3. 41.36.Consolidated appeals

            4. 41.37.Hearing before Registration Appeal Court

            5. 41.38.Decision of Registration Appeal Court

          8. PART VIII

            STATED CASES UNDER SECTION 11(3) OF THE TRIBUNALS AND INQUIRIES ACT 1992

            1. 41.39.Case stated by tribunal at its own instance

            2. 41.40.Modifications of Part II to appeals under this Part

          9. PART IX

            APPEALS UNDER SOCIAL SECURITY ACTS

            1. 41.41.Form of appeal under certain Social Security Acts

            2. 41.42.Modifications of Part II to appeals under this Part

          10. PART IXA

            APPEALS UNDER THE PROCEEDS OF CRIME ACT 2002

            1. 41.43A.Form of appeal under section 299 of the Proceeds of Crime Act 2002

            2. 41.43B.Reclaiming against decision of the Lord Ordinary

          11. PART X

            APPEALS TO LORD ORDINARY

            1. 41.43.Application of Parts II and III to this Part

            2. 41.44.Appeals to be heard in Outer House

            3. 41.45.Reclaiming against decision of Lord Ordinary

          12. PART XI

            APPLICATIONS UNDER SECTION 101(2) OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

            1. 41.46.Application and interpretation of this Part

            2. 41.47.Application for review

            3. 41.48.Time limit for application

            4. 41.49.Service of petition

            5. 41.50.Determining the petition

            6. 41.51.Service of the order

            7. 41.52.Expenses

        34. CHAPTER 42 TAXATION OF ACCOUNTS AND FEES OF SOLICITORS

          1. PART I

            TAXATION OF ACCOUNTS

            1. 42.1.Remit to the Auditor

            2. 42.2.Diet of taxation

            3. 42.3.Report of taxation

            4. 42.4.Objections to report of the Auditor

            5. 42.5.Modification or disallowance of expenses

            6. 42.6.Modification of expenses awarded against assisted persons

            7. 42.7.Taxation of solicitors' own accounts

          2. PART II

            FEES OF SOLICITORS

            1. 42.8.Application and interpretation of this Part

            2. 42.9.Form of account of expenses

            3. 42.10.Basis of charging

            4. 42.11.Posts and incidental expenses

            5. 42.12.Value added tax

            6. 42.13.Charges for witnesses

            7. 42.14.Additional fee

            8. 42.15.Fees of a reporter

            9. 42.16.Table of fees

          3. PART III

            FEES IN SPECULATIVE CAUSES

            1. 42.17.Fees of solicitors in speculative causes

      4. Special provisions in relation to particular proceedings

        1. CHAPTER 43 ACTIONS OF DAMAGES

          1. 43.1.Application and interpretation of this chapter

          2. 43.2.Form of summons

          3. 43.3.Service and calling of summons

          4. 43.4.Inspection and recovery of documents

          5. 43.5.Motions to dispense with timetable

          6. 43.6.Allocation of diets and timetables

          7. 43.7.Hearings on the By Order roll

          8. 43.8.Applications for sist or for variation of timetable order

          9. 43.9.Statements of valuation of claim

          10. 43.10.Pre-trial meetings

          11. 43.11.Applications for interim payments of damages

          12. 43.12.Adjustment on final decree

          13. 43.13.Applications for further damages

          14. 43.14.Actions by connected persons

          15. 43.15.Warrants for intimation in actions by connected persons

          16. 43.16.Applications to dispense with intimation in actions by connected persons

          17. 43.17.Subsequent disclosure of connected persons

          18. 43.18.Connected persons entering the process

          19. 43.19.Failure by connected person to enter process

        2. CHAPTER 43A ACTIONS OF HARASSMENT

          1. 43A.1.Application and interpretation of this Chapter

          2. 43A.2.Procedure for variation or revocation of non-harassment order

        3. CHAPTER 44 TIME TO PAY DIRECTIONS

          1. 44.1.Application and interpretation of this Chapter

          2. 44.2.Notice about time to pay directions

          3. 44.3.Applications for time to pay directions where appearance not entered

          4. 44.4.Applications for time to pay directions where appearance entered but defences not lodged

          5. 44.5.Applications for time to pay directions where defences lodged

          6. 44.6.Applications for variation or recall of time to pay directions or arrestments

          7. 47.7.Notice to debtor for payment of interest on decrees

        4. CHAPTER 45 ACTIONS OF DIVISION AND SALE

          1. 45.1.Remit to reporter to examine property

          2. 45.2.Division or sale of property

        5. CHAPTER 45A ACTIONS OF REMOVING

          1. 45A.1.Application of this Chapter

          2. 45A.2.Service on unnamed occupiers

          3. 45A.3.Shortening or dispensing with periods of time

          4. 45A.4.Application by occupiers to become defenders

        6. CHAPTER 46 ADMIRALTY ACTIONS

          1. 46.1.Interpretation of this Chapter

          2. 46.2.Forms of action

          3. 46.3.Actions in rem

          4. 46.4.Actions in personam

          5. 46.5.Sale of ship or cargo

          6. 46.6.Ship collisions and preliminary acts

          7. 46.7.Applications t o dispense with preliminary acts

          8. 46.8.Ship collision and salvage actions

          9. 46.9.International Oil Pollution Compensation Fund

        7. CHAPTER 47 COMMERCIAL ACTIONS

          1. 47.1.Application and interpretation of this Chapter

          2. 47.2.Proceedings before commercial judge

          3. 47.3.Election of procedure for commercial actions and form of summons

          4. 47.4.Disapplication of certain rules

          5. 47.5.Procedure in commercial actions

          6. 47.6.Defences

          7. 47.7.Counterclaims and third party notices

          8. 47.8.Commercial Roll

          9. 47.9.Withdrawal of action from Commercial Roll

          10. 47.10.Transfer of action to Commercial Roll

          11. 47.11.Preliminary hearing

          12. 47.12.Procedural hearing

          13. 47.13.Debates

          14. 47.14.Lodging of productions for proof

          15. 47.15.Hearings for further procedure

          16. 47.16.Failure to comply with rule or order of commercial judge

        8. CHAPTER 48 EXCHEQUER CAUSES

          1. 48.1.Proceedings before Lord Ordinary in Exchequer Causes

          2. 48.2.Procedure in Exchequer causes

          3. 48.3.Precedence of extracts

        9. CHAPTER 49 FAMILY ACTIONS

          1. PART I

            GENERAL PROVISIONS

            1. 49.1.Interpretation of this Chapter

            2. 49.2.Averments in certain family actions about other proceedings

            3. 49.3.Averments where section 11 order sought

            4. 49.4.Averments where identity or address of person not known

            5. 49.5.Averments about maintenance orders

            6. 49.6.Averments where aliment sought for a child

            7. 49.7.Warrants for arrestment or inhibition on dependence

            8. 49.8.Warrants for intimation in family actions

            9. 49.9.Intimation where relevant association

            10. 49.10.Productions in action of divorce or where section 11 order may be made

            11. 49.11.Execution of service on, or intimation to, local authority

            12. 49.12.Notice of actions by advertisement

            13. 49.13.Service in cases of mental disorder of defender

            14. 49.14.Notices in certain actions of divorce or separation

            15. 49.15.Orders for intimation by the court

            16. 49.16.Interested persons entering process

            17. 49.17.Appointment of curators ad litem to defenders

            18. 49.18.Applications for sist

            19. 49.19.Notices of consent to divorce or separation

            20. 49.20.Procedure in respect of children

            21. 49.21.Reports by local authorities under section 49(2) of the Act of 1975

            22. 49.22.Appointment of local authority or reporter to report on a child

            23. 49.23.Referral to family mediation ...

            24. 49.24.Applications for orders to disclose whereabouts of children

            25. 49.25.Applications in relation to removal of children

            26. 49.26.Intimation to local authority before supervised contact order

            27. 49.27.Joint minutes

            28. 49.27A.Expenses of curator ad litem appointed to a child

          2. PART II

            UNDEFENDED FAMILY ACTIONS

            1. 49.28.Evidence in certain undefended family actions

            2. 49.29.Procedure for decree in actions under rule 49.28

            3. 49.30.No suspension in undefended divorce actions

          3. PART III

            DEFENDED FAMILY ACTIONS

            1. 49.31.Defences in family actions

            2. 49.32.Abandonment by pursuer

            3. 49.33.Adjustment and further procedure

            4. 49.34.Late appearance by defenders

          4. PART IV

            APPLICATIONS AND ORDERS RELATING TO CHILDREN IN CERTAIN ACTIONS

            1. 49.35.Application and interpretation of this Part

            2. 49.36.Applications in actions to which this Part applies

            3. 49.37.Intimation before committal to care or supervision

            4. 49.38.Care or supervision orders

            5. 49.39.Intimation of certain applications to local authorities or other persons

            6. 49.40.Applications in depending actions by motion

            7. 49.41.Applications after decree relating to a section 11 order

            8. 49.42.Applications after decree relating to a contact order

            9. 49.43.Applications after decree relating to aliment

            10. 49.44.Applications after decree by persons over 18 years for aliment

          5. PART V

            ORDERS RELATING TO FINANCIAL PROVISION ETC.

            1. 49.45.Application and interpretation of this Part

            2. 49.46.Applications in actions to which this Part applies

            3. 49.47.Applications in depending actions relating to incidental orders

            4. 49.48.Applications relating to interim aliment

            5. 49.49.Applications relating to orders for financial provision

            6. 49.50.Applications after decree relating to agreements or avoidance transactions

          6. PART VI

            APPLICATIONS RELATING TO AVOIDANCE TRANSACTIONS

            1. 49.51.Form of applications relating to avoidance transactions

          7. PART VII

            FINANCIAL PROVISION AFTER OVERSEAS DIVORCE OR ANNULMENT

            1. 49.52.Interpretation of this Part

            2. 49.53.Applications for financial provision after overseas divorce or annulment

          8. PART VIII

            ACTIONS OF ALIMENT

            1. 49.54.Interpretation of this Part

            2. 49.55.Undefended actions of aliment

            3. 49.56.Applications relating to aliment

            4. 49.57.Applications relating to agreements on aliment

          9. PART IX

            APPLICATIONS FOR ORDERS UNDER SECTION 11 OF THE CHILDREN (SCOTLAND) ACT 1995

            1. 49.58.Application of this Part

            2. 49.59.Form of applications relating to parental rights

            3. 49.60.Defenders in actions for a section 11 order

            4. 49.61.Applications relating to interim orders in depending actions

            5. 49.62.Care and supervision by local authorities

            6. 49.63.Applications after decree

          10. PART X

            CAUSES UNDER THE MATRIMONIAL HOMES (FAMILY PROTECTION) (SCOTLAND) ACT 1981

            1. 49.64.Interpretation of this Part

            2. 49.65.Form of applications under the Act of 1981

            3. 49.66.Defenders in causes under the Act of 1981

            4. 49.67.Applications by motion under the Act of 1981

            5. 49.68.Procedure for minutes

            6. 49.69.Sist of actions to enforce occupancy rights

            7. 49.70.Certificates of execution of delivery of documents to chief constable

            8. 49.71.Evidence in causes under the Act of 1981

          11. PART XI

            SIMPLIFIED DIVORCE APPLICATIONS

            1. 49.72.Application and interpretation of, and directions under, this Part

            2. 49.73.Form of applications for simplified divorce

            3. 49.74.Lodging and registration of simplified divorce applications

            4. 49.75.Warrants for service or intimation of simplified divorce applications

            5. 49.76.Execution of service or intimation of simplified divorce applications

            6. 49.77.Opposition to simplified divorce applications

            7. 49.78.Evidence in simplified divorce applications

            8. 49.79.No reclaiming in simplified divorce applications

            9. 49.80.Applications after decree in simplified divorce applications

          12. PART XII

            CHILD SUPPORT ACT 1991

            1. 49.81.Interpretation of this Part

            2. 49.82.Restriction of expenses

            3. 49.83.Effect of maintenance assessments

            4. 49.84.Effect of maintenance assessments on extracts relating to aliment

          13. PART XIII

            REFERRALS TO PRINCIPAL REPORTER

            1. 49.85.Application and interpretation of this Part

            2. 49.86.Intimation to Principal Reporter

            3. 49.87.Intimation of decision by Principal Reporter

          14. PART XIV

            MANAGEMENT OF MONEY PAYABLE TO CHILDREN

            1. 49.88.Application under section 11(1)(d) of the Act of 1995 following order under section 13 of that Act

          15. PART XV

            MANAGEMENT OF CHILD’S PROPERTY BY VIRTUE OF SECTION 9(5)(a) OR 11(2)(g) OF THE ACT OF 1995

            1. 49.89.Directions

        10. CHAPTER 50 CAUSES UNDER THE PRESUMPTION OF DEATH (SCOTLAND) ACT 1977

          1. 50.1.Interpretation of this Chapter

          2. 50.2.Parties to, and service and intimation of, actions for declarator

          3. 50.3.Further advertisement and procedure

          4. 50.4.Applications for proof

          5. 50.5.Applications for variation or recall of decrees

          6. 50.6.Applications for remit from sheriff court

          7. 50.7.Appointment of judicial factors

        11. CHAPTER 51 ACTIONS OF MULTIPLEPOINDING

          1. 51.1.Application of this Chapter

          2. 51.2.Parties to actions of multiplepoinding

          3. 51.3.Condescendence of fund in medio

          4. 51.4.Objections to actions of multiplepoinding

          5. 51.5.Advertisement for objections to condescendence and claims

          6. 51.6.Form of objection to condescendence and claims

          7. 51.7.Procedure following call for objections

          8. 51.8.Advertisement of dependence of actions

          9. 51.9.Evidence of advertisement and intimation

          10. 51.10.Consignation of fund and discharge of holder

          11. 51.11.Claims not timeously lodged

          12. 51.12.Procedure following approval of fund in medio

          13. 51.13.Decrees for payment

          14. 51.14.Reclaiming by claimant against ranking for aught yet seen

          15. 51.15.Exoneration of holder where no consignation

        12. CHAPTER 52 ACTIONS OF PROVING THE TENOR

          1. 52.1.Parties to action of proving the tenor

          2. 52.2.Lodging of supporting evidence

          3. 52.3.Proof in undefended actions

        13. CHAPTER 53 ACTIONS OF REDUCTION

          1. 53.1.Conclusions for suspension etc.

          2. 53.2.Intimation to clerk of inferior court or tribunal

          3. 53.3.Objection by defenders to production

          4. 53.4.Production by defenders where no objection

          5. 53.5.Pursuers to satisfy production

          6. 53.6.Joint minutes for reduction

          7. 53.7.Production satisfied by copies

          8. 53.8.Challenge of deeds or writings ope exceptionis

        14. CHAPTER 54 APPLICATIONS UNDER THE DEFAMATION ACT 1996

          1. 54.1.Form of application to court where proceedings have been taken

          2. 54.2.Form of application to court where proceedings have not been taken

        15. CHAPTER 55 CAUSES RELATING TO INTELLECTUAL PROPERTY

          1. 55.1.Application and interpretation of this Chapter

          2. 55.2.Proceedings before intellectual property judge

          3. 55.2A.Requirement for marking

          4. 55.3.Procedural hearings

          5. 55.4.Notices to admit and notices of non-admission

          6. 55.5.Applications for leave to amend specifications

          7. 55.6.Applications for revocation of patents

          8. 55.7.Proceedings for infringement

          9. 55.8.Objections to validity of patent

          10. 55.9.Determination of question or application where Comptroller declines to deal with it

          11. 55.10.Applications by employees for compensation under section 40 of the Act of 1977

          12. 55.11.Proceedings for determination of certain disputes

          13. 55.12.Applications for rectification of Register of Designs or Patents

          14. 55.13.Counterclaim for rectification of Register of Designs

          15. 55.14.Appeals and references from Comptroller

          16. 55.15.Intimation to Comptroller of reclaiming motion

          17. 55.16.Communication of information to European Patent Office

          18. 55.17.Intimation and service of certain statutory applications ... for orders for disposal of infringing matter

          19. 55.18.Applications for leave to proceed

          20. 55.19.Appeals and references under the Trade Marks Act 1994

        16. CHAPTER 56 JUDGMENTS OF THE HOUSE OF LORDS

          1. 56.1.Applications to apply judgments of the House of Lords

        17. CHAPTER 57 ADMISSION OF ADVOCATES

          1. 57.1.Form of petition for admission as advocate

          2. 57.2.Disapplication of rules in relation to petitions

          3. 57.3.Admission as advocate

        18. CHAPTER 58 APPLICATIONS FOR JUDICIAL REVIEW

          1. 58.1.Application and interpretation of this Chapter

          2. 58.2.Disapplication of certain rules to this Chapter

          3. 58.3.Applications for judicial review

          4. 58.4.Powers of court in judicial review

          5. 58.5.Nominated judge

          6. 58.6.Form of petition

          7. 58.7.First order

          8. 58.8.Compearing parties

          9. 58.8A.Applications for public interest intervention

          10. 58.9.First hearing

          11. 58.10.Second hearing

        19. CHAPTER 59 APPLICATIONS FOR LETTERS

          1. 59.1.Applications for letters of arrestment or inhibition

        20. CHAPTER 60 APPLICATIONS FOR SUSPENSION, SUSPENSION AND INTERDICT, AND SUSPENSION AND LIBERATION

          1. 60.1.Application of this Chapter

          2. 60.2.Form of applications

          3. 60.3.First order

          4. 60.4.Further petition following refusal by default

          5. 60.5.Appointing petition to Adjustment Roll

          6. 60.6.Suspension of decree of inferior court or tribunal

          7. 60.7.Interlocutor refusing suspension after proof

        21. CHAPTER 61 JUDICIAL FACTORS

          1. PART I

            GENERAL PROVISIONS

            1. 61.1.Application and interpretation of this Chapter

            2. 61.2.Application for appointment of judicial factor

            3. 61.3.Crave to dispense with service on incapax

            4. 61.4.Incidental applications

            5. 61.5.Intimation and service

            6. 61.6.Documents for Accountant of Court

            7. 61.7.Accountant of Court to send information on prior application

            8. 61.8.Transmission of process to Accountant of Court to find caution

            9. 61.9.Finding caution

            10. 61.10.Issue of official certified copy interlocutor

            11. 61.11.Judicial factor’s title to act

            12. 61.12.Remission or modification of penal interest

            13. 61.13.Applications to encroach on capital

            14. 61.14.Applications under section 2(3) of the Trusts (Scotland) Act 1961

            15. 61.15.Applications for special powers or authority under section 5 of the Trusts (Scotland) Act 1921

          2. PART II

            APPLICATIONS UNDER SECTION 11A OF THE JUDICIAL FACTORS (SCOTLAND) ACT 1889

            1. 61.16.Application of this Part

            2. 61.17.Form of applications under section 11A of the Judicial Factors (Scotland) Act 1889

            3. 61.18.Intimation and service of section 11A petition

            4. 61.19.Interim appointment

            5. 61.20.Notice calling for claims

            6. 61.21.Claims

            7. 61.22.Custody and inspection of inventory of estate, etc.

            8. 61.23.Administration, deathbed and funeral expenses

            9. 61.24.Procedure where there are creditors

            10. 61.25.Notice to creditors

            11. 61.26.Approval of state of funds or scheme of division

            12. 61.27.Payment following approval of scheme of division

            13. 61.28.Partial division on first scheme of division

            14. 61.29.Procedure where no creditors

            15. 61.30.Disposal of surplus estate

          3. PART III

            DISCHARGE OF JUDICIAL FACTORS

            1. 61.31.Applications for discharge to Accountant of Court

            2. 61.32.Appeals against decisions under rule 61.31

            3. 61.33.Applications for discharge to court

      5. Other proceedings in relation to statutory applications

        1. CHAPTER 62 RECOGNITION, REGISTRATION AND ENFORCEMENT OF FOREIGN JUDGMENTS, ETC.

          1. PART I

            GENERAL PROVISIONS

            1. 62.1.Disapplication of certain rules to this Chapter

            2. 62.2.Certificate of currency conversion

            3. 62.3.Translation of document lodged

          2. PART II

            REGISTRATION AND ENFORCEMENT UNDER THE ADMINISTRATION OF JUSTICE ACT 1920 AND THE FOREIGN JUDGEMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

            1. 62.4.Application and interpretation of this Part

            2. 62.5.Applications for registration under the Act of 1920 or 1933

            3. 62.6.Supporting documents

            4. 62.7.Warrant for registration under the Act of 1920 or 1933

            5. 62.8.Registration of judgments under the Act of 1920 or 1933

            6. 62.9.Service on judgment debtor

            7. 62.10.Application to set aside registration under the Act of 1920 or 1933

            8. 62.11.Application for enforcement abroad under the Act of 1920 or 1933

          3. PART III

            REGISTRATION OF AWARDS UNDER THE ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966

            1. 62.12.Application and interpretation of this Part

            2. 62.13.Applications for registration under the Act of 1966

            3. 62.14.Warrant for registration under the Act of 1966

            4. 62.15.Registration under the Act of 1966

            5. 62.16.Service on party against whom award made

            6. 62.17.Sist of enforcement under the Act of 1966

          4. PART IV

            EUROPEAN COMMUNITY JUDGMENTS

            1. 62.18.Interpretation of this Part

            2. 62.19.Register of European Community judgments

            3. 62.20.Applications for registration of European Community judgments

            4. 62.21.Warrant for registration of European Community judgments

            5. 62.22.Registration of European Community judgments

            6. 62.23.Service on judgment debtor of European Community judgment

            7. 62.24.Variation or cancellation of registration

            8. 62.25.Suspension of enforcement of Community judgments

          5. PART V

            RECOGNITION AND ENFORCEMENT OF JUDGMENTS UNDER THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982 OR UNDER COUNCIL REGULATION (E.C.) NO. 44/2001 OF 22ND DECEMBER 2001

            1. 62.26.Application and interpretation of this Part

            2. 62.27.Disapplication of certain rules to this Part

            3. 62.28.Enforcement of judgments, authentic instruments or court settlements from another Contracting State or Member State

            4. 62.29.Protective measures and interim interdict

            5. 62.30.Warrant for registration under the Act of 1982 or the Council Regulation

            6. 62.31.Intimation to petitioner

            7. 62.32.Registration under the Act of 1982 or the Council Regulation

            8. 62.33.Service of warrant for registration under the Act of 1982 or the Council Regulation

            9. 62.34.Appeals under the Act of 1982 or the Council Regulation

            10. 62.35.Reclaiming under the Act of 1982 or the Council Regulation

            11. 62.36.Recognition of judgments from another Contracting State or Member State

            12. 62.37.Enforcement of judgments from another part of the United Kingdom in Scotland (money provisions)

            13. 62.38.Enforcement of judgments from another part of the United Kingdom in Scotland (non-money provisions)

            14. 62.39.Cancellation of registration under the Act of 1982 or the Council Regulation

            15. 62.40.Enforcement in another Contracting State or Member State of Court of Session judgments etc.

            16. 62.41.Enforcement in another part of the United Kingdom of Court of Session judgments or documents registered for execution (money provisions)

            17. 62.42.Enforcement in another part of the United Kingdom of Court of Session judgments or documents registered for execution (non-money provisions)

          6. PART VI

            REGISTRATION UNDER THE MERCHANT SHIPPING (LINER CONFERENCES) ACT 1982

            1. 62.43.Application and interpretation of this Part

            2. 62.44.Applications for registration under the Liner Conferences Act

            3. 62.45.Warrant for registration under the Liner Conferences Act

            4. 62.46.Registration under the Liner Conferences Act

          7. PART VII

            RECIPROCAL ENFORCEMENT OF ORDERS IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME AND TO FORFEITURE OF PROPERTY USED IN CRIME

            1. 62.47.Interpretation of this Part

            2. 62.48.Applications for registration under the relevant enactment

            3. 62.49.Warrant for registration under the relevant enactment

            4. 62.50.Registration under the relevant enactment

            5. 62.51.Service of warrant for registration under the relevant enactment

            6. 62.51A.Further provision as respects warrant for registration

            7. 62.52.Suspension of enforcement under the Act of ... 1995

            8. 62.53.Modification and cancellation of registration under the Act of ... 1989 or 1995 or 2000

            9. 62.54.Incidental applications

          8. PART VIII

            REGISTRATION OF AWARDS UNDER THE MULTILATERAL INVESTMENT GUARANTEE AGENCY ACT 1988

            1. 62.55.Registration of awards under the Multilateral Investment Guarantee Agency Act 1988

          9. PART IX

            RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS UNDER THE MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

            1. 62.56.Application and interpretation of this Part

            2. 62.57.Applications for registration under the Act of 1990

            3. 62.58.Registration under the Act of 1990

            4. 62.59.Service on party against whom arbitral award made

            5. 62.60.Application for refusal of recognition or enforcement under the Act of 1990

          10. PART X

            RECOGNITION, REGISTRATION AND ENFORCEMENT OF MISCELLANEOUS DECISIONS

            1. 62.61.Application and interpretation of this Part

            2. 62.62.Applications under this Part

            3. 62.63.Recognition, or warrant for registration or for enforcement under this Part

            4. 62.64.Registration for enforcement under this Part

            5. 62.65.Service on party against whom award made

            6. 62.66.Sist of enforcement under this Part

        2. CHAPTER 63 APPLICATIONS RELATING TO TRUSTS

          1. PART I

            VARIATION OR REVOCATION OF TRUSTS

            1. 63.1.Interpretation of this Part

            2. 63.2.Form of petitions under section 1(4) of the Act of 1961

            3. 63.3.Service on certain persons

          2. PART II

            PETITIONS BY TRUSTEES FOR DIRECTIONS

            1. 63.4.Application of this Part

            2. 63.5.Form and service of application

            3. 63.6.Determination of petition

          3. PART III

            PUBLIC TRUSTS

            1. 63.7.Application and interpretation of this Part

            2. 63.8.Proceedings before nominated judge

            3. 63.9.Remit to Inner House

            4. 63.10.Form of applications

            5. 63.11.Service on interested persons

            6. 63.12.Procedure where no answers lodged

            7. 63.13.Procedure where answers lodged

            8. 63.14.Warrants for registration

            9. 63.15.Advertisement of court orders

        3. CHAPTER 64 APPLICATIONS UNDER SECTION 1 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972

          1. 64.1.Application of this Chapter

          2. 64.2.Form and content of application

          3. 64.3.Accompanying documents

          4. 64.4.Modification of undertakings

          5. 64.5.Intimation and service of application

          6. 64.6.Form of order

          7. 64.7.Caution and other security

          8. 64.8.Execution of order

          9. 64.9.Duties of commissioner

          10. 64.10.Confidentiality

          11. 64.11.Restrictions on service

          12. 64.12.Right of haver to consult

          13. 64.13.Return of documents etc. to haver

        4. CHAPTER 65 REFERENCES TO THE EUROPEAN COURT OF JUSTICE

          1. 65.1.Interpretation of this Chapter

          2. 65.2.Applications for reference

          3. 65.3.Preparation of case for reference

          4. 65.4.Sist of cause

          5. 65.5.Transmission of reference

        5. CHAPTER 66 APPLICATIONS UNDER THE EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975

          1. 66.1.Interpretation of this Chapter

          2. 66.2.Disapplication of certain rules to this Chapter

          3. 66.3.Form of applications under the Act of 1975

          4. 66.4.Intimation of order and citation

          5. 66.5.Variation or recall of orders

          6. 66.6.Procedure where witness claims he is not compellable

          7. 66.7.Applications for evidence for proceedings under the European Patent Convention

        6. CHAPTER 67 APPLICATIONS UNDER THE ADOPTION (SCOTLAND) ACT 1978

          1. PART I

            GENERAL PROVISIONS

            1. 67.1.Application and interpretation of this Chapter

            2. 67.2.Disapplication of certain rules to this Chapter

            3. 67.3.Confidentiality of documents in process

            4. 67.4.Selection of reporting officer or curator ad litem

            5. 67.4A.Timetable for resolving question as to whether agreement to adoption order etc. should be dispensed with

            6. 67.5.Form of agreements and consents

            7. 67.5A.Consideration of views of child and of certain reports

            8. 67.6.Orders for evidence

            9. 67.6A.Children who may require compulsory measures of supervision

            10. 67.7.Expenses

          2. PART II

            FREEING FOR ADOPTION

            1. 67.8.Interpretation of this Part

            2. 67.9.Applications for freeing for adoption order

            3. 67.10.Appointment of reporting officer and curator ad litem

            4. 67.11.Duties of reporting officer and curator ad litem

            5. 67.12.Declaration of preference not to be involved

            6. 67.13.Hearing of freeing for adoption petition

            7. 67.13A.Intimation of making of order freeing a child for adoption where he is subject to a supervision requirement

            8. 67.14.Applications for revocation of freeing for adoption order

            9. 67.15.Hearing of application for revocation of freeing for adoption order

            10. 67.15A.Parental responsibilities and parental rights when order freeing a child for adoption is revoked

            11. 67.16.Applications to place child for adoption

            12. 67.17.Applications for transfer of parental responsibilities and parental rights from one adoption agency to another

            13. 67.18.Applications relating to return, removal or prohibition of removal of child

          3. PART III

            ADOPTION

            1. 67.19.Interpretation of this Part

            2. 67.20.Protection of identity of petitioner

            3. 67.21.Reports by local authority or adoption agency

            4. 67.22.Applications for adoption order

            5. 67.23.Notice of petition and appointment of reporting officer and curator ad litem

            6. 67.24.Duties of reporting officer and curator ad litem

            7. 67.25.Hearing of adoption petition

            8. 67.25A.Intimation of making of adoption order where child subject to supervision requirement

            9. 67.26.Supervision by or committal to care of local authority

            10. 67.27.Applications under section 49(1) of the Act of 1978

            11. 67.28.Applications for return, removal or prohibition of removal of child

            12. 67.29.Applications to amend or revoke a direction in, or revoke, an adoption order

            13. 67.30.Registration of certified copy interlocutor

            14. 67.31.Extract of order

            15. 67.32.Procedure after intimation to Registrar General or issue of extract

          4. PART IV

            CONVENTION ADOPTION ORDERS

            1. 67.33.Interpretation of this Part

            2. 67.34.Application of Part III to this Part

            3. 67.35.Applications for Convention adoption orders

            4. 67.36.Investigations by curator ad litem

            5. 67.37.Annulment etc. of overseas adoptions

            6. 67.38.Directions as to the status conferred by adoption

        7. CHAPTER 68 APPLICATIONS UNDER THE SOLICITORS (SCOTLAND) ACT 1980

          1. 68.1.Application and interpretation of this Chapter

          2. 68.2.Applications and appeals under the Act of 1980

          3. 68.3.Applications for admission as notary public

          4. 68.4.Intimation and service in causes under this Chapter

          5. 68.5.Procedure after order for intimation and service

          6. 68.6.Appeals under section 54(1) of the Act of 1980

          7. 68.7.Remits for further inquiry

        8. CHAPTER 69 ELECTION PETITIONS

          1. 69.1.Interpretation of this Chapter

          2. 69.2.Form of election petitions

          3. 69.3.Presentation of petition

          4. 69.4.Security for expenses

          5. 69.5.Service and intimation of election petition

          6. 69.6.Objections to form of security

          7. 69.7.Consequences of failure to give security etc.

          8. 69.8.List of election petitions

          9. 69.9.Time and place of trial

          10. 69.10.Postponement of trial

          11. 69.11.Procedure where seat claimed

          12. 69.12.Evidence under section 139(5) of the Act of 1983

          13. 69.13.Lodging of statement of evidence to be led

          14. 69.14.Evidence at trial

          15. 69.15.Warrant to cite witnesses

          16. 69.16.Clerk of court at trial

          17. 69.17.Expenses of witnesses

          18. 69.18.Applications for special case

          19. 69.19.Applications for leave to withdraw election petitions

          20. 69.20.Applications to be substituted as petitioner on withdrawal

          21. 69.21.Hearing of applications for leave to withdraw

          22. 69.22.Security of substituted petitioner

          23. 69.23.Death of petitioner

          24. 69.24.Applications to be substituted on death of petitioner

          25. 69.25.Notice that respondent does not oppose

          26. 69.26.Death, peerage or resignation of respondent

          27. 69.27.Applications to be admitted as respondent

          28. 69.28.Expenses in election petitions

          29. 69.29.Motions in election petitions

          30. 69.30.Intimation to Lord Advocate

          31. 69.31.Evidence of publication by returning officer

        9. CHAPTER 70 APPLICATIONS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985

          1. PART I

            GENERAL PROVISIONS

            1. 70.1.Interpretation of this Chapter

            2. 70.2.Translations of documents

            3. 70.3.Applications for certified copy or extract

            4. 70.4.Disclosure of information

          2. PART II

            INTERNATIONAL CHILD ABDUCTION (THE HAGUE CONVENTION)

            1. 70.5.Form of applications under this Part

            2. 70.6.Period of notice, service of causes and hearings under this Part

            3. 70.7.Notice of other proceedings

            4. 70.8.Transfer of causes

          3. PART III

            RECOGNITION AND ENFORCEMENT OF CUSTODY DECISIONS (THE EUROPEAN CONVENTION)

            1. 70.9.Form of applications under this Part

            2. 70.10.Period of notice, service of causes and hearings under this Part

            3. 70.11.Registration

            4. 70.12.Other proceedings

            5. 70.13.Transfers

            6. 70.14.Variation and revocation of registered decision

        10. CHAPTER 71 REGISTRATION AND ENFORCEMENT OF PART I ORDERS UNDER THE FAMILY LAW ACT 1986

          1. 71.1.Interpretation of this Chapter

          2. 71.2.Part I orders register

          3. 71.3.Applications for registration of Part I orders in another court

          4. 71.4.Transmission of applications for registration

          5. 71.5.Registration of Part I orders from another court

          6. 71.6.Cancellation or variation of registered Part I orders

          7. 71.7.Enforcement of registered Part I orders in Scotland

          8. 71.8.Applications to sist or refuse enforcement proceedings

          9. 71.9.Orders for disclosure of information

          10. 71.10.Applications for interdict under section 35(3) of the Act of 1986

        11. CHAPTER 72 BANKRUPTCY (SCOTLAND) ACT 1985

          1. 72.1.Interpretation of this Chapter

          2. 72.2.First order in petitions for sequestration

          3. 72.3.Notice of concurrent proceedings

          4. 72.4.Applications for transfer or remit of sequestration

          5. 72.5.Holding of sederunt book by Accountant in Bankruptcy

          6. 72.6.Prescribed forms

        12. CHAPTER 73 RECTIFICATION OF DOCUMENTS

          1. 73.1.Application of this Chapter

          2. 73.2.Form of applications

        13. CHAPTER 74 COMPANIES

          1. PART I

            GENERAL PROVISIONS

            1. 74.1.Application and interpretation of this Chapter

            2. 74.2.Proceedings before insolvency judge

            3. 74.3.Notices and reports, etc., sent to the court

          2. PART II

            COMPANY VOLUNTARY ARRANGEMENTS

            1. 74.4.Lodging of nominee’s report (company not in liquidation etc.)

            2. 74.5.Lodging of nominee’s report (company in liquidation etc.)

            3. 74.6.Inspection of nominee’s report

            4. 74.7.Report of meetings to approve arrangement

            5. 74.8.Abstracts of supervisor’s receipts and payments and notices of completion of arrangement

            6. 74.9.Form of other applications

          3. PART III

            ADMINISTRATION PROCEDURE

            1. 74.10.Form of petition in administration procedure

            2. 74.11.Notice of petition

            3. 74.12.Report of proposals of administrator

            4. 74.13.Report of administrator’s proposals: Schedule B1 to the Act of 1986

            5. 74.14.Time and date of lodging in an administration

            6. 74.15.Applications during an administration

          4. PART IV

            RECEIVERS

            1. 74.16.Interpretation of this Part

            2. 74.17.Petition to appoint a receiver

            3. 74.18.Intimation, service and advertisement under this Part

            4. 74.19.Form of other applications and appeals

          5. PART V

            WINDING UP OF COMPANIES

            1. 74.20.Interpretation of this Part

            2. 74.21.Petition to wind up a company

            3. 74.22.Intimation, service and advertisement under this Part

            4. 74.23.Remits from one court to another

            5. 74.24.Substitution of creditor or contributory for petitioner

            6. 74.25.Provisional liquidator

            7. 74.26.Appointment of a liquidator

            8. 74.27.Applications and appeals in relation to a statement of affairs

            9. 74.28.Appeals against adjudication of claims

            10. 74.29.Removal of liquidator

            11. 74.30.Application in relation to remuneration of liquidator

            12. 74.30A.Applications under section 176A of the Act of 1986

            13. 74.31.Application to appoint a special manager

            14. 74.32.Other applications

          6. PART VI

            DISQUALIFICATION OF COMPANY DIRECTORS

            1. 74.33.Applications in relation to disqalification orders

            2. 74.34.Intimation, service and advertisement under this Part

        14. CHAPTER 75 APPLICATIONS RELATING TO FINANCIAL SERVICES

          1. PART I

            APPLICATIONS UNDER THE FINANCIAL SERVICES ACT 1986

            1. 75.1.Application and interpretation of this Part

            2. 75.2.Form of applications under the Act of 1986

            3. 75.3.Intimation and service

            4. 75.4.Questions relating to interpretation of rules or regulations

          2. PART II

            APPLICATIONS UNDER THE UNCERTIFICATED SECURITIES REGULATIONS 1995

            1. 75.5.Interpretation of this Part

            2. 75.6.Form of applications under the Regulations of 1995

            3. 75.7.Intimation and service

            4. 75.8.Questions relating to interpretation of rules of an operator

        15. CHAPTER 76 CAUSES IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME

          1. PART IA

            APPLICATIONS UNDER THE PROCEEDS OF CRIME ACT 2002

            1. 76A.1.Interpretation of this part

          2. Restraint and administration orders

            1. 76A.2.Applications

            2. 76A.3.Documents for Accountant of Court

            3. 76A.4.Procedure for fixing and finding caution

            4. 76A.5.Time for finding caution

            5. 76A.6.Administrator’s title to act

            6. 76A.7.Accounts

            7. 76A.8.Application for discharge of administrator

            8. 76A.9.Appeals against determination of outlays and remuneration

          3. Civil recovery proceedings

            1. 76A.10.Applications

          4. Civil recovery investigations

            1. 76A.11.Disclosure orders

          5. Co-operation

            1. 76A.12.Co-operation

          6. PART I

            CAUSES UNDER THE PROCEEDS OF CRIME (SCOTLAND) ACT 1995

            1. 76.1.Interpretation of this Part

            2. 76.2.Disapplication of certain rules to this Part

            3. 76.3.Applications for restraint orders

            4. 76.4.Applications in relation to protective measures

            5. 76.5.Applications for ... compensation

            6. 76.6.Applications for disclosure of information by government departments

            7. 76.7.Applications for appointment of administrators

            8. 76.8.Incidental applications in an administration

            9. 76.9.Requirements where order to facilitate realisation of property considered

            10. 76.10.Documents for Accountant of Court

            11. 76.11.Procedure for finding caution

            12. 76.12.Administrator’s title to act

            13. 76.13.Duties of administrator

            14. 76.14.State of funds and scheme of division

            15. 76.15.Objections to scheme of division

            16. 76.16.Application for discharge of administrator

            17. 76.17.Appeals against determination of outlays and remuneration

            18. 76.18.Remits from High Court of Justiciary

          7. PART II

            APPLICATIONS UNDER THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT 1989 OR THE ORDER OF 1995

            1. 76.19.Application and interpretation of this Part

            2. 76.20.Disapplication of certain rules to this Part

            3. 76.21.Applications for restraint orders

            4. 76.22.Applications in relation to protective measures

            5. 76.23.Applications for compensation

            6. 76.24.Powers and duties of adminsistrator

            7. 76.25.Duties of administrator in relation to accounts

            8. 76.26.Money received by administrator

        16. CHAPTER 77 SUMMARY TRIALS

          1. 77.1.Application of this Chapter

          2. 77.2.Disapplication of certain rules to this Chapter

          3. 77.3.Form of petition

          4. 77.4.Presentation to Lord Ordinary

          5. 77.5.Procedure in summary trials

          6. 77.6.Recording of evidence at proof

          7. 77.7.Reports to Inner House

          8. 77.8.Disposal of petitions

          9. 77.9.Finality of interlocutors

          10. 77.10.Transfer to another Lord Ordinary

          11. 77.11.Agreement to adopt summary trial procedure in action in dependence

        17. CHAPTER 78 SPECIAL CASES UNDER SECTION 27 OF THE COURT OF SESSION ACT 1988

          1. 78.1.Application of this Chapter

          2. 78.2.Lodging and hearing of special case

          3. 78.3.Amendment of case

          4. 78.4.Appointment of curator ad litem to party incapax

        18. CHAPTER 79 APPLICATIONS UNDER THE ACCESS TO HEALTH RECORDS ACT 1990

          1. 79.1.Application and interpretation of this Chapter

          2. 79.2.Form of applications etc.

          3. 79.3.Time-limit for applications

        19. CHAPTER 80 APPLICATIONS IN RESPECT OF QUALIFIED CONVEYANCERS AND EXECUTRY PRACTITIONERS

          1. 80.1.Application and interpretation of this Chapter

          2. 80.2.Applications and appeals in respect of qualified conveyancers and executry practitioners

          3. 80.3.Intimation and service in petitions under this Chapter

          4. 80.4.Procedure after order for intimation and service

          5. 80.5.Remit for further inquiry in petitions under this Chapter

        20. CHAPTER 81 APPLICATIONS FOR PARENTAL ORDERS UNDER THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990

          1. 81.1.Application and interpretation of this Chapter

          2. 81.2.Disapplication of certain rules to this Chapter

          3. 81.3.Confidentiality of documents in process

          4. 81.4.Selection of reporting officer or curator ad litem

          5. 81.5.Form of agreements to parental order

          6. 81.6.Orders for evidence

          7. 81.7.Expenses

          8. 81.8.Protection of identity of petitioners

          9. 81.9.Applications for a parental order

          10. 81.10.Appointment of reporting officer and curatorad litem

          11. 81.11.Duties of reporting officer and curatorad litem

          12. 81.12.Hearing

          13. 81.13.Supervision by or committal to care of local authority

          14. 81.14.Applications for return, removal or prohibition of removal of child

          15. 81.15.Applications to amend, or revoke a direction in, a parental order

          16. 81.16.Registration of certified copy interlocutor

          17. 81.17.Extract of order

          18. 81.18.Procedure after intimation to Registrar General or issue of extract

        21. CHAPTER 82 THE HUMAN RIGHTS ACT 1998

          1. 82.1.Application and interpretation

          2. 82.2.Evidence of judgments etc

          3. 82.3.Declaration of incompatibility

          4. 82.4.Within 14 days after the date of service of the...

          5. 82.5.The court may fix a diet for a hearing on...

        22. Chapter 83 Applications For Purposes Of Investigations Ordered Pursuant To Article 14 Of Regulation 17 Of The Council Of The European Communities

          1. 83.1.Application of this Chapter

          2. 83.2.Warrant for messengers-at-arms to assist in investigation

          3. 83.3.Giving notice of grant of warrant

        23. Chapter 84 Applications under the Terrorism Act 2000

          1. 84.1.Interpretation of this Chapter

          2. 84.2.Power and duties of administrator

          3. 84.3.Applications for variation or recall of restraint order

        24. Chapter 85 APPLICATIONS UNDER THE PROTECTION FROM ABUSE (SCOTLAND) ACT 2001

          1. 85.1.Interpretation of this Chapter

          2. 85.2.Attachment of power of arrest to interdict

          3. 85.3.Extension or recall of power of arrest

          4. 85.4.Documents to be delivered to chief constable in relation to recall or variation of interdict

          5. 85.5.Certificate of delivery of documents to chief constable

      6. APPENDIX

      7. ANNEX

        NOTES FOR COMPLETION OF FORM 65.3

    3. SCHEDULE 3

      AMENDMENT TO ENACTMENT

      1. Presumption of Death (Scotland) Act 1977 (c. 27)

    4. SCHEDULE 4

      ENACTMENTS REPEALED

    5. SCHEDULE 5

      ACTS OF SEDERUNT REVOKED

    6. TABLE OF DERIVATIONS

      OF THE RULES OF THE COURT OF SESSION 1994 IN SCHEDULE 2 TO THIS ACT OF SEDERUNT

      1. Notes:

  6. Explanatory Note

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