Sheriff Courts (Scotland) Act 1907

Notice of intention to defend and defences S

33.34. (1) This rule applies where the defender in a family action seeks—

(a) to oppose any crave in the initial writ;

(b) to make a claim for—

(i) aliment;

(ii) an order for financial provision within the meaning of section 8(3) of the Act of 1985; or

(iii) [F1 a section 11 order]; or

(c) an order—

(i) under section 16(1)(b) or (3) of the M1 Act of 1985(setting aside or varying agreement as to financial provision);

(ii) under section 18 of the Act of 1985 (which relates to avoidance transactions); or

(iii) under the Act of 1981; or

(d) to challenge the jurisdiction of the court.

(2) In an action to which this rule applies, the defender shall—

(a) lodge a notice of intention to defend in Form F26 before the expiry of the period of notice; and

(b) make any claim or seek any order referred to in paragraph (1), as the case may be, in those defences by setting out in his defences—

(i) craves;

(ii) averments in the answers to the condescendence in support of those craves; and

(iii) appropriate pleas-in-law.

[F2 (3) Where a defender intends to make an application for a section 11 order which, had it been made in an initial writ, would have required a warrant for intimation under rule 33.7, the defender shall include a crave in his notice of intention to defend for a warrant for intimation or to dispense with such intimation; and rule 33.7 shall, with the necessary modifications, apply to a crave for a warrant under this paragraph as it applies to a crave for a warrant under that rule.]

Textual Amendments

F1 Words in rule 33.34(1)(b)(iii) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 18(a)

F2 Rule 33.34(3) inserted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 18(b)

Marginal Citations

M1 1985 c.37.