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Act of Sederunt (Small Claim Rules) 2002
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CHAPTER 20Decree by default
Decree by default
20.1.—(1) If, after the sheriff has fixed a hearing on evidence under rule 9.2(4), any party fails to appear or be represented at a hearing, the sheriff may grant decree by default.
(2) If all parties fail to appear or be represented at a hearing referred to at paragraph (1) the sheriff must, unless sufficient reason appears to the contrary, dismiss the claim and any counterclaim.
(3) If, after a defence has been stated, a party fails to implement an order of the court, the sheriff may, after giving him an opportunity to be heard, grant decree by default.
(4) The sheriff shall not grant decree by default solely on the ground that a party has failed to appear at the hearing of an incidental application.
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