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

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Juratory cautionS

33.8.—(1) Where a pursuer in an action with a conclusion for suspension is ordered to find caution or give other security, he may offer to do so by juratory caution.

(2) Such an offer shall be made–

(a)at the time the order for caution or other security is made; or

(b)by enrolling a motion within the period allowed for finding caution or giving other security, as the case may be, or any prorogation of it, for the appointment of a commissioner.

(3) Where such an offer is made, the court shall–

(a)appoint a commissioner to take the deposition of the pursuer at a time and place to be fixed by the commissioner;

(b)ordain the pursuer to give notice of at least 7 days of the time and place so fixed by the commissioner to every other party to the action; and

(c)where the offer has been made by motion under paragraph (2)(b), prorogate the time for finding caution or giving other security, as the case may be, by such period as it thinks fit.

(4) At the time and place fixed by the commissioner in accordance with paragraph (3)(a), the pursuer shall be examined as to the nature and extent of his whole estate wheresoever situated and the other parties to the action shall be entitled to cross-examine him.

(5) After his examination, the pursuer shall send to the Deputy Principal Clerk–

(a)a bond of caution;

(b)a full inventory of his whole estate;

(c)a declaration attached to the inventory, stating that he will not dilapidate or dispose of any of his property or uplift any of the debts due to him, without the authority of the court (under pain of imprisonment or being otherwise punished as being guilty of fraud) or the consent of the party entitled to the benefit of the caution until the interlocutor disposing of the subject-matter of the action has become final and, where he has been found liable to pay any sum, including expenses, 12 weeks (and any further period that the court, on the motion of any party, may grant) have passed since the interlocutor became final;

(d)the vouchers of any debts due to the pursuer;

(e)the title deeds of any heritable property belonging to the pursuer, so far as in his possession or under his control; and

(f)where required by the party entitled to the benefit of the caution–

(i)a standard security in favour of such party over any heritable property belonging to the pursuer, and

(ii)as assignation of all debts or other rights due to the pursuer,

prepared at the expense of the pursuer.

(6) Subject to rule 33.12(1) (bond of caution or consignation receipt transmitted to Accountant of Court), the Deputy Principal Clerk shall retain any documents lodged under paragraph (5) of this rule until further order of the court.

Commencement Information

I1Sch. 2 rule 33.8 in force at 5.9.1994, see para. 1(1)

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