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)

F1Special provisions in relation to particular causes

CHAPTER 33 FAMILY ACTIONS

PART IIIDEFENDED FAMILY ACTIONS

33 Decree by default

1

In a family action in which the defender has lodged a notice of intention to defend, where a party fails—

a

to lodge, or intimate the lodging of, any production or part of process,

b

to implement an order of the sheriff within a specified period, or

c

to appear F2or be represented at any diet,

that party shall be in default.

2

Where a party is in default under paragraph (1), the sheriff may—

a

where the family action is one mentioned in rule 33.1(1)(a) to (h), allow that action to proceed as undefended under Part II of this Chapter; or

b

where the family action is one mentioned in rule 33.1(1)(i) to (m), grant decree as craved; or

c

grant decree of absolvitor; or

d

dismiss the family action or any claim made or order sought; and

e

award expenses.

3

Where no party appears at a diet in a family action, the sheriff may dismiss that action.

4

In a family action, the sheriff may, on cause shown, prorogate the time for lodging any production or part of process, or for intimating or implementing any order.