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)

Initiation andprogress of causes

CHAPTER 14 APPLICATIONS BY MINUTE

F214 Procedure following grant of minute

1

Where the minute includes a crave seeking leave–

a

for a person–

i

to be sisted as a party to the action, or

ii

to appear in the proceedings, or

b

for the cause to be transferred against the representatives of a party who has died or is under a legal incapacity,

the sheriff, on granting the minute, may order a hearing under rule 9.12 (Options Hearing) to be fixed or may appoint such further procedure as he thinks fit.

2

Where an Options Hearing is ordered under paragraph (1), the sheriff clerk shall–

a

fix a date and time for such hearing, which date, unless the sheriff otherwise directs, shall be on the first suitable court day occurring not sooner than 10 weeks after the date of the interlocutor of the sheriff ordering such hearing be fixed;

b

forthwith intimate to the parties in Form G5–

i

where appropriate, the last date for lodging defences;

ii

where appropriate, the last date for adjustment; and

iii

the date of the Options Hearing; and

c

prepare and sign an interlocutor recording those dates.

3

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.