First Schedule ORDINARY CAUSE RULES 1993
Initiation and progress of causes
F1CHAPTER 15AMOTIONS INTIMATED AND LODGED BY EMAIL
Dismissal of action due to delay
15A.12.
(1)
Any party to an action may, while that action is depending before the court, apply by motion for the court to dismiss the action due to inordinate and inexcusable delay by another party or another party’s solicitor in progressing the action, resulting in unfairness.
(2)
A motion under paragraph (1) must—
(a)
include a statement of the grounds on which it is proposed that the motion should be allowed; and
(b)
be lodged in accordance with rule 15A.3(b) (lodging of motions).
(3)
A notice of opposition to the motion in Form G9 (form of notice of opposition to motion or minute) or Form G9A (form of opposition to motion by email) must include a statement of the grounds of opposition to the motion.
(4)
In determining an application made under this rule, the sheriff may dismiss the action if it appears to the sheriff that—
(a)
there has been an inordinate and inexcusable delay on the part of any party or any party’s solicitor in progressing the action; and
(b)
such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of that action.
(5)
In determining whether or not to dismiss an action under paragraph (4), the sheriff must take account of the procedural consequences, both for the parties and for the work of the court, of allowing the action to proceed.