SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

F1Initiation andprogress of causes

CHAPTER 12THE PROCESS

12 Further provisions in relation to interlocutors

1

The sheriff may sign an interlocutor when furth of his sheriffdom.

2

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

F23

In any cause, other than a family action within the meaning of rule 33.1(1) which has proceeded as undefended, where at any stage evidence has been led, the sheriff shall–

a

in the interlocutor, make findings in fact and law; and

b

append to that interlocutor a note setting out the reasons for his decision.

4

In any other interlocutor, the sheriff may, and shall when requested by a party, append a note setting out the reasons for his decision.

5

Where the sheriff reserves his decision and gives his decision at a date later than the date of the hearing outwith the presence of the parties—

a

the date of the interlocutor of the sheriff shall be the date on which it is received by the sheriff clerk; and

b

the sheriff clerk shall—

i

enter that date in the interlocutor; and

ii

forthwith send a copy of the interlocutor and any note attached to it free of charge to each party.