Act of Sederunt (Rules of the Court of Session 1994) 1994

Closing records

22.3.—(1) The court shall, on the day on which the period allowed for adjustment in a cause expires, pronounce an interlocutor closing the record.

(2) The pursuer shall, within 4 weeks after the date of the interlocutor closing the record–

(a) send not less than six copies of the closed record to every other party; and

(b) lodge three copies of the closed record in process.

(3) if the pursuer fails to comply with either of the requirements of paragraph (2), the court may, on the motion of any other party, grant decree of dismissal.

(4) A closed record shall consist of the pleadings of the parties and the interlocutors pronounced in the cause.

(5) The pursuer shall, on lodging the copies of the closed record as required by paragraph (2), enrol a motion craving the court–

(a) where parties have agreed on further procedure, of consent–

(i) to appoint the cause to the Procedure Roll for consideration of all the preliminary pleas of parties or such of the pleas as may be specified;

(ii) to allow to parties a preliminary proof on specified matters or in respect of specified pleas;

(iii) to allow to parties a proof before answer of their respective averments under reservation of such preliminary pleas as may be specified;

(iv) to allow a proof;

(v) to allow issues for jury trial; or

(vi) to make some other specified order; or

(b) where parties have been unable to agree on further procedure, to appoint the cause to the By Order (Adjustment) Roll.

(6) In a cause which is one of more than one cause arising out of the same cause of action, the court may, on or after pronouncing an interlocutor ordering further procedure under paragraph (5)–

(a) on the motion of a party to that cause, and

(b) after hearing parties to all those causes,

appoint that cause or any other of those causes to be the leading cause and to sist the other causes pending the determination of the leading cause.

(7) In this rule, “pursuer” includes petitioner, noter or minuter, as the case may be.