SCHEDULES

first schedule ORDINARY CAUSE RULES 1993

Initiation andprogress of causes

CHAPTER 20THIRD PARTY PROCEDURE

Averments where order for service of third party notice sought

20.2.

(1)

Where a defender intends to apply by motion for an order for service of a third party notice before the closing of the record, he shall, before lodging the motion, set out in his defences, by adjustment to those defences, or in a separate statement of facts annexed to those defences—

(a)

averments setting out the grounds on which he maintains that the proposed third party is liable to him by contribution, relief or indemnity or should be made a party to the action; and

(b)

appropriate pleas-in-law.

(2)

Where a defender applies by motion for an order for service of a third party notice after the closing of the record, he shall, on lodging the motion, lodge a minute of amendment containing—

(a)

averments setting out the grounds on which he maintains that the proposed third party is liable to him by contribution, relief or indemnity or should be made a party to the action, and

(b)

appropriate pleas-in-law,

unless those grounds and pleas-in-law have been set out in the defences in the closed record.

(3)

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.