Act of Sederunt (Summary Cause Rules) 2002

Undefended action

7.1.—(1) Subject to paragraphs (4), (5) and (6), where the defender has not lodged a form of response on or before the return day–

(a) the action shall not require to call in court on the calling date; and

(b) the pursuer must lodge a minute in Form 17 before the sheriff clerk’s office closes for business on the second day before the calling date.

(2) If the pursuer does not lodge a minute in terms of paragraph (1), the sheriff must dismiss the action.

(3) If the sheriff is not prepared to grant the order requested in Form 17, the sheriff clerk must–

(a) fix a date, time and place for the pursuer to be heard; and

(b) inform the pursuer of–

(i) that date, time and place; and

(ii) the reasons for the sheriff wishing to hear him.

(4) Where no form of response has been lodged in an action–

(a) for recovery of possession of heritable property; or

(b) of sequestration for rent,

the action shall call in court on the calling date and the sheriff shall determine the action as he thinks fit.

(5) Where no form of response has been lodged in an action of multiplepoinding the action shall proceed in accordance with rule 27.9(1)(a).

(6) Where no form of response has been lodged in an action of count, reckoning and payment the action shall proceed in accordance with rule 29.2.

(7) If the defender does not lodge a form of response in time or if the sheriff is satisfied that he does not intend to defend the action on the merits or on the amount of the sum due, the sheriff may grant decree with expenses against him.