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)

Special provisions in relation to particular causes

F2CHAPTER 40COMMERCIAL ACTIONS

Annotations:
Amendments (Textual)
F2

Ch. 40 (rules 40.1 - 40.17) inserted (1.3.2001) by S.S.I. 2001/8, para. 2(5)

40 Appointment of a commercial action as an ordinary cause

1

At any time before, or at the Case Management Conference, the sheriff shall appoint a commercial action to proceed as an ordinary cause–

a

on the motion of a party where–

i

detailed pleadings are required to enable justice to be done between the parties; or

ii

any other circumstances warrant such an order being made; or

b

on the joint motion of parties.

2

If a motion to appoint a commercial action to proceed as an ordinary action is refused, no subsequent motion to appoint the action to proceed as an ordinary cause shall be considered except on a material change of circumstances.

3

Where the sheriff orders that a commercial action shall proceed as an ordinary cause the interlocutor granting such shall prescribe–

a

a period of adjustment, if appropriate; and

b

the date, time and place for any options hearing fixed.

4

In determining what order to make in deciding that a commercial action proceed as an ordinary cause the sheriff shall have regard to the periods prescribed in rule 9.2.