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

Evidence in certain undefended family actionsS

49.28.—(1) This rule–

(a)subject to sub-paragraph (b), applies to all family actions in which no defences have been lodged, other than a family action–

(i)for [F1a section 11 order or for] aliment;

(ii)for financial provision after an overseasdivorce or annulment within the meaning of Part IV of the Matrimonial and Family Proceedings Act 1984(1); or

(iii)for an order under the Act of 1981(2);

(b)applies to a family action in which a curator ad litem has been appointed under rule 49.17(2)(a) where the curator ad litem to the defender has lodged a minute intimating that he does not intend to lodge defences;

(c)applies to any family action which proceeds at any stage as undefended where the court so directs;

(d)applies to the merits of a family action which is undefended on the merits where the court so directs, notwithstanding that the action is defended on an ancillary matter.

(2) Unless the court otherwise directs, evidence shall be given by affidavit.

(3) Unless the court otherwise directs, evidence relating to the welfare of a child shall be given by affidavit, at least one affidavit being sworn by a person other than a parent or party to the action.

(4) Evidence in the form of a written statement bearing to be the professional opinion of a duly qualified medical practitioner, which has been signed by him and lodged in process, shall be admissible in place of parole evidence by him.

(5) Rule 36.8 [F2(lodging of certain written statements)] shall not apply in an undefended family action to which this rule applies.

Textual Amendments

Commencement Information

I1Sch. 2 rule 49.28 in force at 5.9.1994, see para. 1(1)

(1)

1984 c. 42; Part IV was amended by the Act of 1985 (c. 37), Schedule 1, paragraphs 12 and 13.