Sheriff Courts (Scotland) Act 1907

Service of amended pleadings S

18.5. (1) Where an amendment under rule [F1 18.2(b)(iv), (v) or (vi) (additional or substitute defenders added by amendment) or rule] 18.2(2)(d) (all parties not, or wrong person, called) has been made—

(a) the sheriff shall order that a copy of the initial writ or record, as the case may be, as so amended be served by the party who made the amendment on that additional or substitute party with—

(i) in a cause in which a time to pay direction under the M1 Debtors (Scotland) Act 1987 may be applied for, a notice in Form O8 specifying the date by which a notice of intention to defend must be lodged in process, a notice in Form O3 and a notice of intention to defend in Form O7; or

(ii) in any other cause, a notice in Form O9 specifying the date by which a notice of intention to defend must be lodged in process and a notice of intention to defend in Form O7; and

(b) the party who made the amendment shall lodge in process—

(i) a copy of the initial writ or record as amended;

(ii) a copy of the notice sent in Form O8 or Form O9; and

(iii) a certificate of service.

(2) 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.

(3) 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).

Textual Amendments

F1 Words in rule 18.5(1) inserted (1.11.1996) by S.I. 1996/2445, para. 3(24)

Marginal Citations

M1 1987 c.18.