Sheriff Courts (Scotland) Act 1907

CHAPTER 13 S PARTY MINUTER PROCEDURE

Person claiming title and interest to enter process as defender S

13.1. (1) 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.

(2) A minute under paragraph (1) shall specify—

(a) the applicant’s title and interest to enter the process; and

(b) the grounds of the defence he proposes to state.

(3) Subject to paragraph (4), after hearing the applicant and any party, the sheriff may—

(a) if he is satisfied that the applicant has shown title and interest to enter the process, grant the applicant leave to enter the process as a party minuter and to lodge defences; and

(b) make such order as to expenses or otherwise as he thinks fit.

(4) Where an application under paragraph (1) is made after the closing of the record, the sheriff shall only grant leave under paragraph (3) if he is satisfied as to the reason why earlier application was not made.

Procedure following leave to enter process S

13.2. (1) Where a party minuter lodges answers, 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.

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

(3) 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.