Textual Amendments
F1Sch. 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)
33.37.(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, F2. . .
(c)to appear [F3or] be represented at any diet, [F4, or
(d)otherwise to comply with any requirement imposed upon that party by these Rules]
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) [F5, (n) or (o)], 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; [F6or]
[F7(da)make such other order as he thinks fit to secure the expeditious progress of the cause; 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.
Textual Amendments
F2Word in Sch. 1 rule 33.37(1)(b) omitted (18.8.2006) by virtue of Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(a)
F3Word in rule 33.37(1)(c) substituted (1.11.1996) by S.I. 1996/2445, para. 3(49)
F4Sch. 1 rule 33.37(1)(d) and word inserted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(b)
F5Words in Sch. 1 rule 33.37(2) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), para. 2(27)
F6Word in Sch. 1 rule 33.37(2)(d) substituted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(c)
F7Sch. 1 rule 33.37(2)(da) inserted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(d)