Sheriff Courts (Scotland) Act 1907

Subject to paragraph (2), a party to any proceedings arising solely under the provisions of the M7Debtors (Scotland) Act 1987 shall be entitled to be represented by a person other than a solicitor or an advocate provided that the sheriff is satisfied that such person is a suitable representative and is duly authorised to represent that party.

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A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment.

The person referred to in paragraph (3) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action.

It is a condition of such permission that the named individual does not receive from the litigant, whether directly or indirectly, any remuneration for his or her assistance.

Permission granted under paragraph (1) endures until the proceedings finish or it is withdrawn under paragraph (5); but it is not effective during any period when the litigant is represented.

The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1); but the sheriff must first be of the opinion that it would be contrary to the efficient administration of justice for the permission to continue.

Any expenses incurred by the litigant as a result of the support of an individual under paragraph (1) are not recoverable expenses in the proceedings.

This Chapter is without prejudice to any enactment (including any other provision in these Rules) under which provision is, or may be, made for a party to a particular type of case before the sheriff to be represented by a lay representative.

In any proceedings in respect of which no provision as mentioned in rule 1A.1(1) is in force, the sheriff may, on the request of a party litigant, permit a named individual (a “lay representative”) to appear, along with the litigant, at a specified hearing for the purpose of making oral submissions on behalf of the litigant at that hearing.

The sheriff may grant an application under paragraph (1) only if the sheriff is of the opinion that it would assist his or her consideration of the case to grant it.

It is a condition of permission granted by the sheriff that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.

The sheriff may grant permission under paragraph (1) in respect of one or more specified hearings in the case; but such permission is not effective during any period when the litigant is legally represented.

The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).

Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings.

The sheriff may relieve a party from the consequences of failure to comply with a provision in these Rules which is shown to be due to mistake, oversight or other excusable cause, on such conditions as he thinks fit.

Where the sheriff relieves a party from the consequences of a failure to comply with a provision in these Rules under paragraph (1), he may make such order as he thinks fit to enable the cause to proceed as if the failure to comply with the provision had not occurred.

The initial writ shall be written, typed or printed on A4 size paper of durable quality and shall not be backed or folded.

Where the pursuer has reason to believe that an F55agreement exists prorogating jurisdiction over the subject-matter of the cause to another court, the F56initial writ shall contain details of that agreement.

Where the pursuer has reason to believe that proceedings are pending before another court involving the same cause of action and between the same parties as those named in the instance of the initial writ, the F56initial writ shall contain details of those proceedings.

Where a personal injuries action within the meaning of Part A1 of Chapter 36 is raised in Edinburgh Sheriff Court the initial writ must include an averment indicating whether the proceedings are for determination in the exercise of the sheriff’s all-Scotland jurisdiction or the sheriff’s local jurisdiction.

Where an averment is included indicating that the proceedings are for determination in the exercise of the sheriff’s all-Scotland jurisdiction, the heading of the initial writ must state that the action is being raised in the all-Scotland sheriff court.

Where the residence, registered office or place of business, as the case may be, of the defender is not known and cannot reasonably be ascertained, the pursuer shall set out in the instance that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his present whereabouts.

The initial writ shall be signed by the pursuer or his solicitor (if any) and the name and address of that solicitor shall be stated on the back of every service copy of that writ.

In an action relating to heritable property, it shall not be necessary to call as a defender any person by reason only of any interest he may have as the holder of a heritable security over the heritable property.

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In a cause in which a time to pay direction under the Debtors (Scotland) Act 1987 F64or a time order under the Consumer Credit Act 1974 may be applied for the defender, the warrant of citation shall be in F63Form O2.

In a cause in which a warrant of citation in accordance with F63Form O2 is appropriate, there shall be served on the defender (with the initial writ and warrant) a notice in F63Form O3.

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Where an application for a warrant for arrestment to found jurisdiction may be made, it shall be made in the crave of the F66initial writ.

Averments to justify the granting of such a warrant shall be included in the condescendence.

Subject to paragraph (3), the sheriff may, on cause shown, shorten or extend the period of notice on such conditions as to the method or manner of service as he thinks fit.

A period of notice may not be reduced to a period of less than 2 days.

Where a period of notice expires on a Saturday, Sunday, or public or court holiday, the period of notice shall be deemed to expire on the next day on which the sheriff clerk’s office is open for civil court business.

A caveat shall be in Form G2 and shall be lodged with the sheriff clerk.

A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of one year and yearly thereafter.

Where a caveat has been lodged and has not expired, no order in respect of which the caveat was lodged may be pronounced unless the sheriff is satisfied that all reasonable steps have been taken to afford the person lodging the caveat an opportunity of being heard; and the sheriff may continue the hearing on such an order until he is satisfied that such steps have been taken.

Subject to paragraph (2), a warrant for citation, F69 or intimation may be signed by the sheriff or sheriff clerk.

Where the sheriff clerk refuses to sign a warrant which he may sign, the party presenting the initial writ may apply to the sheriff for the warrant.

In a cause in which a time to pay direction under the Debtors (Scotland) Act 1987 F82or a time order under the Consumer Credit Act 1974 may be applied for by the defender, citation shall be in Form O5 which shall be attached to a copy of the initial writ and warrant of citation and shall have appended to it a notice of intention to defend in Form O7.

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The certificate of citation in any cause other than a family action within the meaning of rule 33.1(1) or an action of multiplepoinding shall be in Form O6 which shall be attached to the initial writ.

Where citation is by a sheriff officer, one witness shall be sufficient for the execution of citation.

In any cause in which service or intimation of any document or citation of any person may be by recorded delivery, such service, intimation or citation shall be by the first class recorded delivery service.

Notwithstanding the terms of section 4(2) of the M9Citation Amendment (Scotland) Act 1882 (time from which period of notice reckoned), where service or intimation is by post, the period of notice shall run from the beginning of the day after the date of posting.

On the face of the envelope used for postal service or intimation under this rule there shall be written or printed the following notice:—

Where service is executed under paragraph (1)(b), the certificate of citation or service shall contain the full name and designation of any person in whose hands the intial writ, decree, charge, warrant or other order or writ, as the case may be, was left.

Subject to rule 6.1 (service of schedule of arrestment), where service is executed under paragraph (3), the sheriff officer shall, as soon as possible after such service, send a letter containing a copy of the document by ordinary first class post to the address at which he thinks it most likely that the person on whom service has been executed may be found.

Where service is executed under paragraphs (1)(b) or (3), the document and the citation or notice of intimation, as the case may be, must be placed in an envelope bearing the notice “This envelope contains a citation to or intimation from (insert name of sheriff court)”and sealed by the sheriff officer.

Any document which requires to be posted in Scotland for the purposes of this rule shall be posted by a solicitor or a sheriff officer; and on the face of the envelope there shall be written or printed the notice set out in rule 5.3(3).

Where service is executed in accordance with paragraph (1)(a)(i) or (1)(b)(i) other than on another party in the United Kingdom, the Isle of Man or the Channel Islands, the party executing service shall lodge a certificate by a person who is conversant with the law of the country concerned and who practises or has practised law in that country or is a duly accredited representative of the Government of that country, stating that the method of service employed is in accordance with the law of the place where service was executed.

Every writ, document, citation or notice on the face of the envelope mentioned in rule 5.3(3) shall be accompanied by a translation in an official language of the country in which service is to be executed unless English is F96. . .

In this rule “the EC Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time.

Subject to rule 6.A7 this rule applies to service where the address of a person is not known.

Where service requires to be executed under paragraph (1), the pursuer shall lodge a service copy of the intial writ and a copy of any warrant of citation with the sheriff clerk from whom they may be uplifted by the person for whom they are intended.

Where a person has been cited or served in accordance with paragraph (1) and, after the cause has commenced, his address becomes known, the sheriff may allow the initial writ to be amended subject to such conditions as to re-service, intimation, expenses or transfer of the cause as he thinks fit.

Where advertisement in a newspaper is required for the purpose of citation or service under this rule, a copy of the newspaper containing the advertisement shall be lodged with the sheriff clerk by the pursuer.

Where display on the walls of court is required under paragraph (1)(b), the pursuer shall supply to the sheriff clerk for that purpose a certified copy of the instance and crave of the initial writ and any warrant of citation.

A person who appears in a cause shall not be entitled to state any objection to the regularity of the execution of citation, service or intimation on him; and his appearance shall remedy any defect in such citation, service or intimation.

Nothing in paragraph (1) shall preclude a party from pleading that the court has no jurisdiction.

Such an application must be accompanied by a statement in Form G4A.

A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for the execution of the diligence concerned.

Where a person has been granted authority for inhibition on the dependence of an action, a certified copy of the interlocutor granting the motion may be registered with a certificate of execution in the Register of Inhibitions and Adjudications.

A notice of a certified copy of an interlocutor granting authority for inhibition under rule 6.A2 may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868 F106.

Where the address of a defender is not known to the pursuer, an inhibition on the dependence shall be deemed to have been served on the defender if the schedule of inhibition is left with or deposited at the office of the sheriff clerk of the sheriff court district where the defender's last known address is located.

Where service of an inhibition on the dependence is executed under paragraph (1), a copy of the schedule of inhibition shall be sent by the sheriff officer by first class post to the defender's last known address.

An arrestment on the dependence shall be served by serving the schedule of arrestment on the arrestee in Form G4B.

A certificate of execution shall be lodged with the sheriff clerk in Form G4C.

Where an initial writ has been served in a country to which the M16Hague Convention on the Service Abroad of Judicial and Exta-Judicial Documents in F117Civil or Commercial Matters dated 15th November 1965 applies, decree shall not be granted until it is established to the satisfaction of the sheriff that the requirements of Article 15 of that Convention have been complied with.

This rule applies to a cause in which

A defender in a cause which is otherwise undefended, who wishes to apply for a time to pay direction F121or time order, and where appropriate, to have an arrestment recalled or restricted, shall complete and lodge with the sheriff clerk the appropriate part of Form O3 before the expiry of the period of notice.

As soon as possible after the application of the defender is lodged, the sheriff clerk shall send a copy of it to the pursuer by first class ordinary post.

Where the pursuer does not object to the application of the defender made in accordance with paragraph (2), he shall minute for decree in accordance with rule 7.2; and the sheriff may grant decree or other order in terms of the application and minute.

The sheriff clerk shall then fix a hearing on the application of the defender and intimate the hearing to the pursuer and the defender.

The hearing must be fixed for a date within 28 days of the date on which the Form O3A and the minute for decree are lodged.

The sheriff may determine an application in which a hearing has been fixed under paragraph (4) whether or not any of the parties appear.

The defender shall not be liable for the expense occasioned by any such amendment unless the sheriff so orders.

A copy of the note lodged under paragraph (1) shall be served on the pursuer F132and any other party.

A reponing note, when duly lodged with the sheriff clerk and served upon the pursuer F135and any other party, shall have effect to sist diligence.

Any interlocutor or order recalling, or incidental to the recall of, a decree in absence shall be final and not subject to appeal.

The lodging of a notice of intention to defend shall not imply acceptance of the jurisdiction of the court.

This Chapter shall not apply to a commercial action within the meaning of Chapter 40.

F140Subject to paragraph (1A), On the lodging of a notice of intention to defend, the sheriff clerk shall fix a date and time for an Options Hearing which date shall be on the first suitable court day occurring not sooner than 10 weeks after the expiry of the period of notice.

The fixing of the date for the Options Hearing shall not affect the right of F144a party to make any incidental application to the court.

The sheriff may discharge a hearing fixed under paragraph (3) on the joint motion of the parties.

Any reference in these Rules to the Options Hearing or a continuation of it shall include a reference to an Options Hearing for which a date and time has been fixed under this rule.

Any production or part of process lodged in a cause shall be placed in the process folder.

Where a notice of intention to defend has been lodged, the defender shall F146(subject to paragraph (3)) lodge defences within 14 days after the expiry of the period of notice.

Subject to rule 19.1(3) (form of defences where counterclaim included), defences shall be in the form of answers in numbered paragraphs corresponding to the articles of the condescendence and shall have appended a note of the pleas-in-law of the defender.

In a family action (within the meaning of rule 33.1(1)) F148or a civil partnership action (within the meaning of rule 33A.1(1)), neither a crave nor averments need be made in the defences which relate to any order under section 11 of the Children (Scotland) Act 1995.

Parties may adjust their pleadings until 14 days before the date of the Options Hearing or any continuation of it.

Any adjustments shall be exchanged between parties and not lodged in process.

Parties shall be responsible for maintaining a record of adjustments made during the period for adjustment.

No adjustments shall be permitted after the period mentioned in paragraph (1) except with leave of the sheriff.

Where a cause has been sisted, any period for adjustment before the sist shall be reckoned as a part of the period for adjustment.

The pursuer shall, at the end of the period for adjustment referred to in rule 9.8(1) and before the Options Hearing, make a copy of the pleadings and any adjustments and amendments in the form of a record.

Not later than 2 days before the Options Hearing, the pursuer shall lodge a certified copy of the record in process.

Where the Options Hearing is continued under rule 9.12(5), and further adjustment or amendment is made to the pleadings, a copy of the pleadings as adjusted or amended, certified by the pursuer, shall be lodged in process not later than 2 days before the Options Hearing so continued.

At the Options Hearing the sheriff shall seek to secure the expeditious progress of the cause by ascertaining from the parties the matters in dispute and information about any other matter referred to in paragraph (3).

It shall be the duty of the parties to provide the sheriff with sufficient information to enable him to conduct the hearing as provided for in this rule.

The sheriff may, on cause shown, of his motion or on the motion of any party, allow a continuation of the Options Hearing on one occasion only for a period not exceeding 28 days or to the first suitable court day thereafter.

For the purposes of rules 16.2 (decrees where party in default) F153, 33.37 (decree by default in family action) and 33A.37 (decree by default in civil partnership action), an Options Hearing shall be a diet in accordance with those rules.

Where the cause is appointed, under paragraph (3), to a proof or proof before answer, the sheriff shall consider whether a pre-proof hearing should be fixed under rule 28A.1.

Paragraph (8) does not apply where Chapter 33AA applies.

Each party shall, within 14 days after the date of the interlocutor allowing proof or proof before answer, intimate to every other party a list of the documents, which are or have been in his possession or control and which he intends to use or put in evidence at the proof, including the whereabouts of those documents.

A party who has received a list of documents from another party under paragraph (1) may inspect those documents which are in the possession or control of the party intimating the list at a time and place fixed by that party which is reasonable to both parties.

A party who seeks to use or put in evidence at a proof a document not on his list intimated under paragraph (1) shall, if any other party objects to such document being used or put in evidence, seek leave of the sheriff to do so; and such leave may be granted on such conditions, if any, as the sheriff thinks fit.

A party who seeks to rely on the evidence of a person not on his list intimated under paragraph (1) shall, if any other party objects to such evidence being admitted, seek leave of the sheriff to admit that evidence whether it is to be given orally or not; and such leave may be granted on such conditions, if any, as the sheriff thinks fit.

The list of witnesses intimated under paragraph (1) shall include the name, occupation (where known) and address of each intended witnessF161 and indicate whether the witness is considered to be a vulnerable witness within the meaning of section 11(1) of the Act of 2004 and whether any child witness notice or vulnerable witness application has been lodged in respect of that witness.

Where, under rule 9.12(4) (order at Options Hearing to proceed under Chapter 10), the sheriff orders that a cause shall proceed in accordance with the procedure in this Chapter, he shall continue the cause for adjustment for a period of 8 weeks.

Paragraphs (2) and (3) of rule 9.8 (exchange and record of adjustments) shall apply to a cause in which a period for adjustment under paragraph (1) of this rule has been allowed as they apply to the period for adjustment under that rule.

At any time before the expiry of the period for adjustment the sheriff may close the record if parties, of consent or jointly, lodge a motion seeking such an order.

The pursuer shall, within 14 days after the date of the interlocutor closing the record, lodge a certified copy of the closed record in process.

The closed record shall contain only the pleadings of the parties.

At the Procedural Hearing, the sheriff shall seek to secure the expeditious progress of the cause by ascertaining from the parties the matters in dispute and information about any other matter referred to in paragraph (3).

It shall be the duty of the parties to provide the sheriff with sufficient information to enable him to conduct the hearing as provided for in this rule.

For the purposes of F166 rules 16.2 (decrees where party in default), 33.37 (decree by default in family action) and 33A.37 (decree by default in civil partnership action), a Procedural Hearing shall be a diet in accordance with F167those rules.

Where the cause is appointed, under paragraph (3), to a proof or proof before answer, the sheriff shall consider whether a pre-proof hearing should be fixed under rule 28A.1

Paragraph (5) does not apply where Chapter 33AA applies.

The initial writ, and all other parts of process lodged in a cause, shall be placed by the sheriff clerk in the process folder.

The initial writ, interlocutor sheets, borrowing receipts and the process folder shall remain in the custody of the sheriff clerk.

The sheriff F170clerk may, on cause shown, authorise the initial writ to be borrowed by the pursuer, his solicitor or the solicitor’s authorised clerk.

Subject to paragraph (3), a process, or any part of a process which may be borrowed, may be borrowed only by a solicitor or by his authorised clerk.

All remedies competent to enforce the return of a borrowed process may proceed on the warrant of the court from the custody of which the process was obtained.

The sheriff may, on the motion of any party, ordain any other party who has borrowed a part of process to return it within such time as the sheriff thinks fit.

Where a solicitor or party litigant has borrowed any part of process and fails to return it for any diet or hearing at which it is required, the sheriff may impose on such solicitor or party litigant a fine not exceeding £50, which shall be payable to the sheriff clerk; but an order imposing a fine may, on cause shown, be recalled by the sheriff.

An order made under this rule shall not be subject to appeal.

After a notice of intention to defend has been lodged, any party lodging a part of process or making an adjustment to his pleadings shall F171, at the same time, intimate such lodging or adjustment to every other party who has entered the process by delivering to every other party a copy of each part of process or adjustment, including, where practicable, copies of any documentary production.

Where intimation is given F172or, but for this paragraph, would be deemedto be givenon a Saturday, Sunday or public or court holiday, it shall be deemed to have been given on the next day on which the sheriff clerk’s office is open for civil court business.

Where an appeal has been F175made on the final determination of the cause, the sheriff clerk shall exercise his duties mentioned in paragraph (1) after the final disposal of the appeal and any subsequent procedure.

Where a party has lodged productions in a cause, that party must uplift the productions from process within the period specified in paragraph (1A).

The sheriff may sign an interlocutor when outwith his or her sheriffdom.

At any time before extract, the sheriff may correct any clerical or incidental error in an interlocutor or note attached to it.

In circumstances other than those mentioned in paragraph (4), the sheriff may, and must when requested by a party, append to the interlocutor a note setting out the reasons for the decision.

A party must make a request under paragraph (5) in writing within 7 days of the date of the interlocutor.

Where a party requests a note of reasons other than in accordance with paragraph (6), the sheriff may provide such a note.

This rule applies where a sheriff pronounces an extempore judgment in accordance with rule 12.2(4)(a).

The sheriff must state briefly the grounds of his or her decision, including the reasons for his or her decision on any questions of fact or law or of admissibility of evidence.

The sheriff may, and must if requested to do so by a party, append to the interlocutor a note setting out the matters referred to in paragraph (2) and his or her findings in fact and law.

A party must make a request under paragraph (3) in writing within 7 days of the date of the extempore judgment.

Where a party requests a note of reasons other than in accordance with paragraph (4), the sheriff may provide such a note.

This rule applies where a sheriff reserves judgment in accordance with rule 12.2(4)(b).

The date of the interlocutor is the date on which it is received by the sheriff clerk.

The sheriff clerk must forthwith send a copy of the documents mentioned in paragraph (2) to each party.

A person who has not been called as a defender or third party may apply by minute for leave to enter a process as a party minuter and to lodge defences.

Where an application under paragraph (1) is made after the closing of the record F178or in a personal injuries action subject to personal injuries procedure after the date upon which the record is required to be lodged, the sheriff shall only grant leave under paragraph (3) if he is satisfied as to the reason why earlier application was not made.

Where a party minuter lodges F179defences, the sheriff clerk shall fix a date and time under rule 9.2 for a hearing under rule 9.12 (Options Hearing) as if the party minuter had lodged a notice of intention to defend and the period of notice had expired on the date for lodging answers.

At the Options Hearing, or at any time thereafter, the sheriff may grant such decree or other order as he thinks fit.

A decree or other order against the party minuter shall have effect and be extractable in the same way as a decree or other order against a defender.

Paragraphs (1), (2) and (3) shall not apply to a personal injuries action which is subject to personal injuries procedure.

Where the sheriff grants an application under rule 13.1 in a personal injuries action which is subject to personal injuries procedure, the sheriff may make such further order as he thinks fit.

The CEHR may apply to the sheriff for leave to intervene in any cause in accordance with this Chapter.

This Chapter is without prejudice to any other entitlement of the CEHR by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006 F182 or any other enactment to seek to be sisted as a party in those proceedings.

Nothing in this Chapter shall affect the power of the sheriff to make such other direction as he considers appropriate in the interests of justice.

Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (6)(c), may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

Any diet in pursuance of paragraph (4) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

The sheriff clerk shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.

An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

The sheriff clerk shall give written intimation of a grant or refusal of leave to the SCHR and all the parties.

Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

An invitation to intervene under section 14(2)(b) of the Act of 2006 shall be in Form O7C and the sheriff clerk shall send a copy of it to the SCHR and all the parties.

In issuing an invitation under section 14(2)(b) of the Act of 2006, the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

The SCHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the SCHR and all the parties.

Where an application may be made by minute, the form of the minute and the procedure to be adopted shall, unless otherwise provided in these Rules, be in accordance with this Chapter.

The sheriff may, on cause shown, dispense with intimation.

Rule 14.5 (methods of intimation) and rule 14.6 (return of minute with evidence of intimation) shall apply to intimation of opposition to a minute under paragraph (1)(c) of this rule as they apply to intimation of a minute.

The sheriff may, on cause shown, reduce or dispense with the period for lodging the notice mentioned in paragraph (1)(b).

Where no notice of opposition is lodged or where no answers have been lodged to the minute within the time allowed, the minute shall be determined by the sheriff in chambers without the attendance of parties, unless the sheriff otherwise directs.

The interlocutor fixing a hearing under paragraph (1) shall specify whether the sheriff will hear evidence at the hearing or receive evidence by affidavit.

This rule applies where a notice of opposition or answers are lodged in respect of a minute including a crave for an order under section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.).

The sheriff, having regard to the measures referred to in Chapter 33AA (expeditious resolution of certain causes), may make such orders as the sheriff considers appropriate to ensure the expeditious resolution of the issues in dispute.

A certified copy of the interlocutor assigning a hearing under this Chapter and requiring evidence to be led shall be sufficient warrant to a sheriff officer to cite a witness on behalf of a party.

At the hearing, the sheriff shall hear parties on the minute and any answers lodged, and may determine the minute or may appoint such further procedure as he considers necessary.

For the purpose of fixing the date for the Options Hearing referred to in paragraph (1), the date of granting the minute shall be deemed to be the date of expiry of the period of notice.

Where the period for lodging opposition to the motion is varied under rule 15.2(4) (variation of and dispensing with period of intimation) to a period of 5 days or less, the written motion and certificate to be lodged in terms of paragraph (2) shall be lodged no later than the day on which the period for lodging opposition expires.

Subject to paragraphs (4) and (7), a party intending to lodge a motion in accordance with rule 15.1(1)(b) (lodging written motion) shall intimate the motion in Form G7, and a copy of any document referred to in the motion, to every other party.

The sheriff may, on the application of a party intending to lodge a written motion, vary the period of 7 days specified in rule 15.3(1)(c) for lodging opposition to the motion or dispense with intimation.

An application under paragraph (4) shall be made in the written motion, giving reasons for such variation or dispensation.

Where the sheriff varies the period within which notice of opposition is to be lodged under rule 15.3(1)(c), the form of intimation required under rule 15.2(1) (intimation of motion in Form G7) shall state the date by which such notice requires to be lodged.

A joint motion by all parties lodged in Form G6 need not be intimated.

Paragraphs (2) and (3) of rule 15.2 (methods and time of intimation of motions) shall apply to the intimation of opposition to a motion under paragraph (1)(b) of this rule as they apply to intimation under that rule.

Subject to paragraph (2), where no notice of opposition is lodged with the sheriff clerk within the period specified in rule 15.3(1)(c), or ordered by virtue of rule 15.2(4), the motion shall be determined by the sheriff in chambers without the appearance of parties, unless the sheriff otherwise directs.

In accordance with any directions given by the sheriff principal, the sheriff clerk may determine any motion other than a motion which seeks a final interlocutor.

Where the sheriff clerk considers that a motion dealt with by him under paragraph (2) should not be granted, he shall refer that motion to the sheriff who shall deal with it in accordance with paragraph (1).

Where a motion has been determined under paragraph (1) or (2), the sheriff clerk shall intimate the interlocutor determining that motion to all parties forthwith.

Where the sheriff, under paragraph (4) of rule 15.2, dispenses with intimation required by paragraph (1) of that rule, he shall make such order as he thinks fit for intimation of his determination of the motion to every party to the action in respect of whom intimation has been so dispensed with.

Subject to paragraph (4), where all parties consent to a written motion, the sheriff may determine the motion in chambers without the appearance of parties.

Subject to paragraph (4) where a joint motion of all parties in Form G6 is lodged with the sheriff clerk, the sheriff may determine the motion in chambers without the appearance of parties.

Where a cause has been sisted, the sheriff may, after giving parties an opportunity to be heard, recall the sist.

Any party to an action may, while that action is depending before the court, apply by written motion for the court to dismiss the action due to inordinate and inexcusable delay by another party or another party's agent in progressing the action, resulting in unfairness.

A notice of opposition to the motion in Form G9 shall include a statement of the grounds of opposition to the motion.

In determining whether or not to dismiss an action under paragraph (4), the court shall take account of the procedural consequences, both for the parties and for the work of the court, of allowing the action to proceed.

A solicitor representing a party in an action of the sort mentioned in rule 15A.1(a) must provide to the sheriff clerk an email address for the purpose of transacting motion business.

A party to an action of the sort mentioned in rule 15A.1(a) who is not represented by a solicitor may provide to the sheriff clerk an email address for the purpose of transacting motion business.

The sheriff clerk must maintain a list of the email addresses provided for the purpose of transacting motion business, which must be published in up to date form on the website of the Scottish Courts and Tribunals Service.

The sheriff clerk must also include on that list an email address of the court for the purpose of lodging motions.

A receiving party must intimate any opposition to a motion by sending an email in Form G9A (form of opposition to motion by email) to the address of the lodging party.

Any opposition to a motion must be intimated to the lodging party not later than 5 p.m. on court day 3.

Late opposition to a motion must be sent to the address of the court and may only be allowed with the leave of the court, on cause shown.

This rule applies where no opposition to a motion has been intimated.

The motion must be lodged by the lodging party not later than 12.30 p.m. on court day 4 by sending an email in Form G6A headed “Unopposed motion” to the address of the court.

A motion lodged under paragraph (2) is to be determined by the court by 5 p.m. on court day 4.

Where for any reason it is not possible for a motion lodged under paragraph (2) to be determined by 5 p.m. on court day 4, the sheriff clerk must advise the parties or their solicitors of that fact and give reasons.

This rule applies where opposition to a motion has been intimated.

Where a motion is lodged under paragraph (2), the sheriff clerk must advise parties of the date on which the motion will be heard, which will be on the first suitable court day after court day 4.

Paragraph (1) applies whether or not the intimation period mentioned elsewhere in these Rules is referred to by a specific number of days.

Where a cause has been sisted, the sheriff may, after giving parties an opportunity to be heard, recall the sist.

Any party to an action may, while that action is depending before the court, apply by motion for the court to dismiss the action due to inordinate and inexcusable delay by another party or another party’s solicitor in progressing the action, resulting in unfairness.

A notice of opposition to the motion in Form G9 (form of notice of opposition to motion or minute) or Form G9A (form of opposition to motion by email) must include a statement of the grounds of opposition to the motion.

In determining whether or not to dismiss an action under paragraph (4), the sheriff must take account of the procedural consequences, both for the parties and for the work of the court, of allowing the action to proceed.

Where no party appears at a diet, the sheriff may dismiss the cause.

Subject to paragraphs (2) to (4), a party to an action may, at any time after defences have been lodged, apply by motion for summary decree in accordance with rule 15.1(1)(b) (lodging of motions) F220or rule 15A.7 (lodging unopposed motions by email) or rule 15A.8 (lodging opposed motions by email) as the case may be.

Notwithstanding the refusal of all or part of a motion for summary decree, a subsequent motion may be made where there has been a change in circumstances.

In a cause in which all other parties have lodged defences or answers, the pursuer may, before the closing of the record, alter any sum sued for by amending the crave of the initial writ, F221. . . and any record.

The pursuer shall forthwith intimate any such amendment in writing to every other party.

The sheriff may, at any time before final judgment, allow an amendment mentioned in paragraph (2).

Where the sheriff has pronounced an interlocutor allowing a minute of amendment to be received and answered, he may allow a period for adjustment of the minute of amendment and answers and, on so doing, shall fix a date for parties to be heard on the minute of amendment and answers as adjusted.

Any adjustment to any minute of amendment or answers shall be exchanged between parties and not lodged in process.

Parties shall be responsible for maintaining a record of adjustment made and the date of their intimation.

No adjustments shall be permitted after the period of adjustment allowed, except with leave of the sheriff.

Each party shall, no later than 2 days before the hearing fixed in terms of paragraph (2), lodge in process a copy of their minute of amendment or answers with all adjustments made thereto in italic or bold type, or underlined.

Where a minute of amendment is lodged by a pursuer under rule 18.2(2)(d) (all parties not, or wrong person, called), he may apply by motion for warrant to use any form of diligence which could be used on the dependence of a separate action.

A copy certified by the sheriff clerk of the interlocutor granting warrant for diligence on the dependence applied for under paragraph (1) shall be sufficient authority for the execution of that diligence.

When paragraph (1) has been complied with, the cause as so amended shall proceed in every respect as if that party had originally been made a party to the cause.

Where a notice of intention to defend is lodged by virtue of paragraph (1)(a), the sheriff clerk shall fix a date and time for a hearing under rule 9.12 (Options Hearing).

Where a party seeks to add a preliminary plea by amendment or answers to an amendment, or by adjustment thereto, a note of the basis for the plea shall be lodged at the same time as the minute, answers or adjustment, as the case may be.

If a party fails to comply with paragraph (1), that party shall be deemed to be no longer insisting on the preliminary plea and the plea shall be repelled by the sheriff.

A defender who makes a counterclaim may apply for a warrant for F227interim diligence which would have been permitted had the warrant been sought in an initial writ in a separate action.

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The right of a pursuer to abandon a cause under rule 23.1 shall not be affected by a counterclaim; and any expenses for which the pursuer is found liable as a condition of, or in consequence of, such abandonment shall not include the expenses of the counterclaim.

Notwithstanding abandonment by the pursuer, a defender may insist in his counterclaim; and the proceedings in the counterclaim shall continue in dependence as if the counterclaim were a separate action.

A motion for an order for service of a third party notice shall be lodged before the commencement of the hearing of the merits of the cause.

Averments in support of the application for F232a warrant under paragraph (1)(a) shall be included in the defences or the separate statement of facts referred to in rule 20.2(1).

A certified copy of the interlocutor granting warrant for diligence applied for under paragraph (2) shall be sufficient authority for execution of the diligence.

A third party notice shall be served on the third party within 14 days after the date of the interlocutor allowing service of that notice.

Where service of a third party notice has not been made within the period specified in paragraph (1), the order for service of it shall cease to have effect; and no service of the notice may be made unless a further order for service of it has been applied for and granted.

A copy of the third party notice, with a certificate of service attached to it, shall be lodged in process by the defender.

An order for service of a third party notice shall specify 28 days, or such other period as the sheriff on cause shown may specify, as the period within which the third party may lodge answers.

Where a third party lodges answer, the sheriff clerk shall fix a date and time under rule 9.2 for a hearing under rule 9.12 (Options Hearing) as if the third party had lodged a notice of intention to defend and the period of notice had expired on the date for lodging answers.

At the Options Hearing, or at any time thereafter, the sheriff may grant such decree or other order as he thinks fit.

A decree or other order against the third party shall have effect and be extractable in the same way as a decree or other order against a defender.

Paragraph (1) shall be without prejudice to any power of the sheriff to order the production of any document or grant a commission and diligence for recovery of it.

Where a deed or writing is founded on by a party, any objection to it by any other party may be stated and maintained by exception without its being reduced.

Where an objection is stated under paragraph (1) and an action of reduction would otherwise have been competent, the sheriff may order the party stating the objection to find caution or give such other security as the sheriff thinks fit.

An objection may not be stated by exception if the sheriff considers that the objection would be more conveniently disposed of in a separate action of reduction.

If a party fails to comply with paragraph (1) F240or (2), he shall be deemed to be no longer insisting on the preliminary plea; and the plea shall be repelled by the sheriff at the Options Hearing or Procedural Hearing.

At any proof before answer or debate, parties may F241on cause shown raise matters in addition to those set out in the note mentioned in paragraph (1) F240or (2).

Where a note of the basis of a preliminary plea has been lodged under paragraph (1), and the Options Hearing is continued under rule 9.12(5), unless the basis of the plea has changed following further adjustment, it shall not be necessary for a party who is insisting on the plea to lodge a further note before the Options Hearing so continued.

The sheriff shall not grant decree of dismissal under paragraph (1)(b) unless full judicial expenses have been paid to the defender, and any third party against whom F243the pursuer has directed any crave, within 28 days after the date of taxation.

If the pursuer fails to pay the expenses referred to in paragraph (2) to the party to whom they are due within the period specified in that paragraph, that party shall be entitled to decree of absolvitor with expenses.

F244Subject to paragraph (3),Where a solicitor withdraws from acting on behalf of a party, he shall intimate his withdrawal by letter to the sheriff clerk and to every other party.

The sheriff clerk shall F245forthwith lodge such letter in process.

Where a solicitor withdraws from acting on behalf of a party in open court and in the presence of the other parties to the action or their representatives, paragraph (1) shall not apply.

F247Subject to paragraph (1A), The sheriff shall, of his own motion, or on the motion of any other party, pronounce an interlocutor ordaining the party whose solicitor has withdrawn from acting to appear or be represented at a specified diet fixed by the sheriff to state whether or not he intends to proceed, under certification that if he fails to do so the sheriff may grant decree or make such other order or finding as he thinks fit.

The diet fixed in the interlocutor under paragraph (1) shall not be less than 14 days after the date of the interlocutor unless the sheriff otherwise orders.

The party who has lodged the motion under paragraph (1), or any other party appointed by the sheriff, shall forthwith serve on the party whose solicitor has withdrawn a copy of the interlocutor and a notice in Form G10; and a certificate of service shall be lodged in process.

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The sheriff may, on cause shown, F251transfer any cause to another sheriff court.

Subject to paragraph (4), where a cause in which there are two or more defenders has been brought in the sheriff court of the residence or place of business of one of them, the sheriff may transfer the cause to any other sheriff court which has jurisdiction over any of the defenders.

Subject to pargagraph (4), where a plea of no jurisdiction is sustained, the sheriff may transfer the cause to the sheriff court before which it appears to him the cause ought to have been brought.

The court to which a cause is transferred under paragraph (1), (2) or (3) shall accept the cause.

A transferred cause shall proceed in all respects as if it had been originally brought in the court to which it is transferred.

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This rule applies where the sheriff directs that a summary cause is to be treated as an ordinary cause and, at the same time, makes an order transferring the action to the all-Scotland sheriff court.

The pursuer must lodge an initial writ and intimate it to every other party within 14 days of the date of the order.

The defender must lodge defences within 28 days after the date of the order.

Following the making of a direction and order mentioned in paragraph (1), the action is to be treated as a personal injuries action within the meaning of Part A1 of Chapter 36.

An application under section 92(2) of the 2014 Act (remit of cases to the Court of Session) is to be made by motion.