Sheriff Courts (Scotland) Act 1907
Sheriff Courts (Scotland) Act 1907 (1907 c. 51)
- Sheriff Courts (Scotland) Act 1907 (1907 c. 51)
- 1 Short title.
- 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3 Interpretation.
- 4 Jurisdiction.
- 5 Extension of jurisdiction.
- 5A Power of sheriff to order sheriff clerk to execute deeds relating to heritage.
- 6 Action competent in sheriff court.
- 7 Privative jurisdiction in causes under fifty pounds value.
- 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 10 Privilege not to exempt from jurisdiction.
- 11 Appointment of sheriffs and salaried sheriffs-substitute.
- 12, 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 14 Salaries of sheriffs and sheriffs-substitute.
- 15, 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17 Honorary sheriff-substitute.
- 18, 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 22—24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 25, 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 Appeal to sheriff.
- 28 Appeal to Court of Session.
- 29 Effect of appeal.
- 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 Removings.
- 35 Letter of removal.
- 36 Notice to remove.
- 37 Notice of termination of tenancy.
- 37A Exception for certain tenancies
- 38 Summary removing.
- 38A Notice of termination in respect of dwelling-houses.
- 38B Lord Advocate as party to action for divorce.
- 38C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 Procedure rules.
- 40 Court of Session to regulate fees, &c.
- 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 42—48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 Summary applications.
- 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- SCHEDULES
- First Schedule ORDINARY CAUSE RULES 1993
- Initiation and progress of causes
- CHAPTER 1 CITATION, INTERPRETATION, REPRESENTATION AND FORMS
- Citation
- Interpretation
- Representation
- Lay support
- Forms
- CHAPTER 1A LAY REPRESENTATION
- Application and interpretation
- Lay representation for party litigants
- CHAPTER 2 RELIEF FROM COMPLIANCE WITH RULES
- Relief from failure to comply with rules
- CHAPTER 3 COMMENCEMENT OF CAUSES
- Form of initial writ
- Actions relating to heritable property
- Actions relating to regulated agreements
- Warrants of citation
- Warrants for arrestment to found jurisdiction
- Warrants and precepts for arrestment on dependence
- Period of notice after citation
- CHAPTER 3A PERSONAL INJURY PRE-ACTION PROTOCOL
- Application and interpretation
- Requirement to comply with the Protocol
- Consequences of failing to comply with the Protocol
- Orders against which caveats may be lodged
- Form lodging and renewal of caveats
- CHAPTER 4A MODE OF ATTENDANCE AT HEARINGS
- Application
- Mode of attendance at hearings – procedural business
- Alternative mode of attendance at hearings
- Hybrid hearings
- CHAPTER 5 CITATION, SERVICE AND INTIMATION
- Signature of warrants
- Form of citation and certificate
- Postal service or intimation
- Service within Scotland by sheriff officer
- Service on persons furth of Scotland
- Service where address of person is not known
- Persons carrying on business under trading or descriptive name
- Endorsation unnecessary
- Re-service
- No objection to regularity of citation, service or intimation
- CHAPTER 6 INTERIM DILIGENCE
- Interpretation
- Application for interim diligence
- Effect of authority for inhibition on the dependence
- Recall etc of arrestment or inhibition
- Incidental applications in relation to interim diligence, etc
- Service of inhibition on the dependence where address of defender not known
- Form of schedule of arrestment on the dependence
- Service of schedule of arrestment
- Movement of arrested property
- CHAPTER 7 UNDEFENDED CAUSES
- Application of this Chapter
- Minute for granting of decree without attendance
- Applications for time to pay directions or time orders in undefended causes
- Decree for expenses
- Finality of decree in absence
- Amendment of initial writ
- Disapplication of certain rules
- CHAPTER 8 REPONING
- Reponing
- CHAPTER 9 STANDARD PROCEDURE IN DEFENDED CAUSES
- Notice of intention to defend
- Fixing date for Options Hearing
- Alteration of date for Options Hearing
- Return of initial writ
- Lodging of pleadings before Options Hearing
- Process folder
- Defences
- Implied admissions
- Adjustment of pleadings
- Effect of sist on adjustment
- Open record
- Record for Options Hearing
- Options Hearing
- Inspection and recovery of documents
- Exchange of lists of witnesses
- Applications for time to pay directions
- CHAPTER 9A DOCUMENTS AND WITNESSES
- Application of this Chapter
- Inspection and recovery of documents
- Exchange of lists of witnesses
- Applications in respect of time to pay directions, arrestments and time orders
- CHAPTER 10 ADDITIONAL PROCEDURE
- Additional period for adjustment
- Effect of sist on adjustment period
- Variation of adjustment period
- Order for open record
- Closing record
- Procedural Hearing
- CHAPTER 11 THE PROCESS
- Form and lodging of parts of process
- Custody of process
- Borrowing and returning of process
- Failure to return parts of process
- Replacement of lost documents
- Intimation of parts of process and adjustments
- Retention and disposal of parts of process by sheriff clerk
- Uplifting of productions from process
- CHAPTER 12 THE PROCESS
- Signature of interlocutors by sheriff clerk
- Further provisions in relation to interlocutors
- Extempore judgments
- Reserved judgments
- CHAPTER 13 PARTY MINUTER PROCEDURE
- Person claiming title and interest to enter process as defender
- Procedure following leave to enter process
- CHAPTER 13A STATUTORY INTERVENERS
- Interpretation
- Interventions by the CEHR
- Applications to intervene
- Form of intervention
- CHAPTER 13B INTERVENTIONS BY THE SCOTTISH COMMISSION FOR HUMAN RIGHTS
- Interpretation
- Application to intervene
- Invitation to intervene
- Form of intervention
- CHAPTER 14 APPLICATIONS BY MINUTE
- Application of this Chapter
- Form of minute
- Lodging of minutes
- Intimation of minutes
- Methods of intimation
- Return of minute with evidence of intimation
- Opposition where no order for answers made
- Hearing of minutes where no opposition or no answers lodged
- Intimation of interlocutor
- Notice of opposition or answers lodged
- Orders under section 11 of the Children (Scotland) Act 1995
- Procedure for hearing
- Consent to minute
- Procedure following grant of minute
- CHAPTER 15 MOTIONS
- Application of this Chapter
- Lodging of motions
- Intimation of motions
- Opposition to motions
- Consent to motions
- Hearing of motions
- Motions to sist
- Dismissal of action due to delay
- CHAPTER 15A MOTIONS INTIMATED AND LODGED BY EMAIL
- Application of this Chapter
- Interpretation of this Chapter
- Provision of email addresses to sheriff clerk
- Making of motions
- Intimation of motions by email
- Opposition to motions by email
- Consent to motions by email
- Lodging unopposed motions by email
- Lodging opposed motions by email
- Issuing of interlocutor by email
- Other periods of intimation etc. under these Rules
- Motions to sist
- Dismissal of action due to delay
- CHAPTER 16 DECREES BY DEFAULT
- Application of this Chapter
- Decrees where party in default
- Prorogation of time where party in default
- CHAPTER 17 SUMMARY DECREES
- Application of this Chapter
- Applications for summary decree
- Application of summary decree to counterclaims, etc.
- CHAPTER 18 AMENDMENT OF PLEADINGS
- Alteration of sum sued for
- Powers of sheriff to allow amendment
- Applications to amend
- Applications for diligence on amendment
- Service of amended pleadings
- Expenses and conditions of amendment
- Effect of amendment on diligence
- Preliminary pleas inserted on amendment
- CHAPTER 19 COUNTERCLAIMS
- Counterclaims
- Warrants for diligence on counterclaims
- Form of record where counterclaim lodged
- Effect of abandonment of cause
- Disposal of counterclaims
- CHAPTER 20 THIRD PARTY PROCEDURE
- Applications for third party notice
- Averments where order for service of third party notice sought
- Warrants for diligence on third party notice
- Service on third party
- Answers to third party notice
- Consequences of failure to amend pleadings
- Procedure following answers
- CHAPTER 21 DOCUMENTS FOUNDED ON OR ADOPTED IN PLEADINGS
- Lodging documents founded on or adopted
- Consequences of failure to lodge documents founded on or adopted
- Objection to documents founded on
- CHAPTER 22 PRELIMINARY PLEAS
- Note of basis of preliminary plea
- CHAPTER 23 ABANDONMENT
- Abandonment of causes
- Application of abandonment to counterclaims
- CHAPTER 24 WITHDRAWAL OF SOLICITORS
- Intimation of withdrawal to court
- Intimation to party whose solicitor has withdrawn
- Consequences of failure to intimate intention to proceed
- CHAPTER 25 WITHDRAWAL OF SOLICITORS
- Minutes of sist
- Minutes of transference
- CHAPTER 26 TRANSFER AND REMIT OF CAUSES
- Transfer to another sheriff court
- Remit and transfer of summary cause proceedings to all-Scotland sheriff court
- Remit to the Court of Session: proceedings to which section 39 of the 2014 Act does not apply
- Remit to the Court of Session: proceedings to which section 39 of the 2014 Act applies
- Remit to the Court of Session: remits under other enactments
- Remit from Court of Session
- CHAPTER 27 CAUTION AND SECURITY
- Application of this Chapter
- Form of applications
- Orders
- Methods of finding caution or giving security
- Cautioners and guarantors
- Forms of bonds of caution and other securities
- Sufficiency of caution or security and objections
- Insolvency or death of cautioner or guarantor
- Failure to find caution or give security
- CHAPTER 27A PURSUERS’ OFFERS
- Interpretation of this Chapter
- Pursuers’ offers
- Making of offer
- Form of offer
- Disclosure of offers
- Acceptance of offers
- Late acceptance of offers
- Non-acceptance of offers
- Extent of defender’s liability
- CHAPTER 28 RECOVERY OF EVIDENCE
- Application and interpretation of this Chapter
- Applications for commission and diligence for recovery of documents or for orders under section 1 of the Act of 1972
- Optional procedure before executing commission and diligence
- Optional procedure where there is a party litigant
- Execution of commission and diligence for recovery of documents
- Execution of orders for production or recovery of documents or other property under section 1(1) of the Act of 1972
- Execution of orders for inspection etc. of documents or other property under section 1(1) of the Act of 1972
- Execution of orders for preservation etc. of documents or other property under section 1(1) of the Act of 1972
- Confidentiality
- Warrants for production of original documents from public records
- Commissions for examination of witnesses
- Commissions on interrogatories
- Commissions without interrogatories
- Evidence taken on commission
- Letters of request
- Taking of evidence in the European Union
- Citation of witnesses and havers
- CHAPTER 28A PRE-PROOF HEARING
- Pre-proof hearing
- CHAPTER 29 PROOF
- Reference to oath
- Remit to person of skill
- Written statements
- Renouncing probation
- Orders for proof
- Hearing parts of proof separately
- Citation of witnesses
- Citation of witnesses by party litigants
- Second diligence against a witness
- Failure of witness to attend
- Lodging productions
- Copy productions
- Returning borrowed parts of process and productions before proof
- Notices to admit and notices of non-admission
- Instruction of shorthand writer
- Administration of oath or affirmation to witnesses
- Proof to be taken continuously
- Proof management hearing
- Recording of evidence
- Rulings on admissibility of evidence: leave to appeal
- Parties to be heard at close of proof
- CHAPTER 30 DECREES, EXTRACTS AND EXECUTION
- Interpretation of this Chapter
- Taxes on money under control of the court
- Decrees for payment in foreign currency
- When decrees extractable
- Extract of certain awards notwithstanding appeal
- Form of extract decree
- Form of warrant for execution
- Date of decree in extract
- Service of charge where address of defender not known
- Expenses
- CHAPTER 31 APPEALS
- Time limit for appeal
- Applications for leave to appeal
- Appeals in connection with interim diligence
- Form of appeal to Court of Session
- Form of appeal to the sheriff principal
- Transmission of process and notice to parties
- Record of pleadings etc.
- Determination of appeal
- Fixing of Options Hearing or making other order following appeal
- Appeals in connection with orders under section 11 of the Children (Scotland) Act 1995 or aliment
- Interim possession etc. pending appeal
- Abandonment of appeal
- CHAPTER 31A QUALIFIED ONE-WAY COSTS SHIFTING
- Application and interpretation of this Chapter
- Application for an award of expenses
- Award of expenses
- Procedure
- Award against legal representatives
- CHAPTER 32 TAXATION OF EXPENSES
- Taxation before decree for expenses
- Time for lodging account of expenses
- Decree for expenses in name of solicitor
- Diet of taxation
- Auditor’s statement
- Objections to taxed account
- Interest on expenses
- CHAPTER 32A LIVE LINKS
- Special provisions in relation to particular causes
- CHAPTER 33 FAMILY ACTIONS
- PART I GENERAL PROVISIONS
- Intepretation of this Chapter
- Averments in certain family actions about other proceedings
- Averments where section 11 order sought
- Averments where identity or address of person not known
- Averments about maintenance orders
- Averments where aliment or financial provision sought
- Averments where divorce sought on ground of issue of interim gender recognition certificate
- Application by survivor for provision on intestacy
- Warrants and forms for intimation
- Warrants and forms for intimation to a child and for seeking a child’s views
- Intimation where alleged association
- Productions in action of divorce or where a section 11 order or order for financial provision may be made
- Productions in action of divorce on ground of issue of interim gender recognition certificate
- Application for corrected gender recognition certificate
- Warrant of citation
- Form of citation and certificate
- Intimation to local authority
- Service in cases of mental disorder of defender
- Notices in certain actions of divorce or separation
- Orders for intimation
- Appointment of curators ad litem to defenders
- Applications for sist
- Notices of consent to divorce or separation
- Views of the child – undefended actions
- Views of the child – section 11 order sought by pursuer only
- Views of the child – section 11 order sought by defender only
- Views of the child – section 11 orders sought by both pursuer and defender
- Views of the child – the sheriff’s role
- Recording of views of the child
- Child welfare reporters
- Appointment of local authority to report on a child
- Referral to family mediation
- Child Welfare Hearing
- Applications for orders to disclose whereabouts of children
- Applications in relation to removal of children
- Intimation to local authority before supervised contact order
- Joint minutes
- Affidavits
- Applications for postponement of decree under section 3A of the Act of 1976
- PART II UNDEFENDED FAMILY ACTIONS
- Evidence in certain undefended family actions
- Procedure for decree in actions under rule 33.28
- Extracts of undefended decree
- Procedure in undefended family actions for section 11 order
- No recording of evidence
- Disapplication of Chapter 15
- Late appearance and application for recall by defenders
- PART III DEFENDED FAMILY ACTIONS
- General provisions
- Notice of intention to defend and defences etc.
- Abandonment by pursuer
- Attendance of parties at Case Management Hearings
- Fixing of date and time for Initial Case Management Hearing
- Alteration of date and time for Initial Case Management Hearing
- Return of initial writ
- Lodging of pleadings before Initial Case Management Hearing
- Process folder
- Defences
- Implied admissions
- Sisting
- Open record
- Initial Case Management Hearing
- Alteration of date and time for Full Case Management Hearing
- Pre-Hearing Meeting
- Adjustment of pleadings
- Record for Full Case Management Hearing
- Exchange of lists of witnesses
- Full Case Management Hearing
- Judicial continuity
- Decree by default
- PART IV APPLICATIONS AND ORDERS RELATING TO CHILDREN IN CERTAIN ACTIONS
- Application and interpretation of this Part
- Applications in actions to which this Part applies
- Applications in depending actions by motion
- Applications after decree relating to a section 11 order
- Warrants for intimation to child and permission to seek views
- Views of the child – unopposed minutes relating to a section 11 order
- Views of the child – craves relating to a section 11 order sought by minuter only
- Views of the child – craves relating to a section 11 order sought by both minuter and respondent
- Applications after decree relating to aliment
- Applications after decree by persons over 18 years for aliment
- PART V ORDERS RELATING TO FINANCIAL PROVISION
- Application and interpretation of this Part
- Applications in actions to which this Part applies
- Applications in depending actions relating to incidental orders
- Applications relating to interim aliment
- Applications relating to orders for financial provision
- Pension Protection Fund notification
- Applications after decree relating to agreements and avoidance transactions
- PART VI APPLICATIONS RELATING TO AVOIDANCE TRANSACTIONS
- Form of applications
- PART VII FINANCIAL PROVISION AFTER OVERSEAS DIVORCE OR ANNULMENT
- Interpretation of this Part
- Applications for financial provision after overseas divorce or annulment
- PART VIII ACTIONS OF ALIMENT
- Interpretation of this Part
- Undefended actions of aliment
- Applications relating to aliment
- Applications relating to agreements on aliment
- PART IX APPLICATIONS FOR ORDERS UNDER SECTION 11 OF THE CHILDREN (SCOTLAND) ACT 1995.
- Application of this Part
- Form of applications
- Defences in action for a section 11 order
- Applications relating to interim orders in depending actions
- Applications after decree
- Application for leave
- PART X ACTIONS UNDER THE MATRIMONIAL HOMES (FAMILY PROTECTION) (SCOTLAND) ACT 1981
- Interpretation of this Part
- Form of applications
- Defenders
- Applications by motion
- Applications by minute
- Sist of actions to enforce occupancy rights
- PART XI SIMPLIFIED DIVORCE APPLICATIONS
- Application and interpretation of this Part
- Form of applications
- Lodging of applications
- Citation and intimation
- Citation where address not known
- Opposition to applications
- Evidence
- Decree
- Appeals
- Applications after decree
- PART XII VARIATION OF COURT OF SESSION DECREES
- Application and interpretation of this Part
- Form of applications and intimation to Court of Session
- Defended actions
- Transmission of process to Court of Session
- Remit of applications to Court of Session
- PART XIII CHILD SUPPORT ACT 1991
- Interpretation of this Part
- Restriction of expenses
- Effect of maintenance calculations
- Effect of maintenance calculations on extracts relating to aliment
- Applications to recall or vary an interdict
- PART XIV REFERRALS TO PRINCIPAL REPORTER
- PART XV MANAGEMENT OF MONEY PAYABLE TO CHILDREN
- PART XVI ACTION OF DECLARATOR OF RECOGNITION OR NON-RECOGNITION OF A FOREIGN DECREE
- Action of declarator in relation to certain foreign decrees
- CHAPTER 33A CIVIL PARTNERSHIP ACTIONS
- PART I GENERAL PROVISIONS
- Interpretation of this Chapter
- Averments in certain civil partnership actions about other proceedings
- Averments where section 11 order sought
- Averments where identity or address of person not known
- Averments about maintenance orders
- Averments where aliment or financial provision sought
- Warrants and forms for intimation
- Warrants and forms for intimation to a child and for seeking a child’s views
- Intimation where alleged association
- Productions in action of dissolution of civil partnership or where a section 11 order or order for financial provision may be made
- Warrant of citation
- Form of citation and certificate
- Intimation to local authority
- Service in cases of mental disorder of defender
- Notices in certain actions of dissolution of civil partnership or separation of civil partners
- Orders for intimation
- Appointment of curators ad litem to defenders
- Applications for sist
- Notices of consent to dissolution of civil partnership or separation of civil partners
- Views of the child – undefended actions
- Views of the child – section 11 order sought by pursuer only
- Views of the child – section 11 order sought by defender only
- Views of the child – section 11 orders sought by both pursuer and defender
- Views of the child – the sheriff’s role
- Recording of views of the child
- Child welfare reporters
- Appointment of local authority to report on a child
- Referral to family mediation
- Child Welfare Hearing
- Applications for orders to disclose whereabouts of children
- Applications in relation to removal of children
- Intimation to local authority before supervised contact order
- Joint minutes
- Affidavits
- PART II UNDEFENDED CIVIL PARTNERSHIP ACTIONS
- Evidence in certain undefended civil partnership actions
- Procedure for decree in actions under rule 33A.29
- Extracts of undefended decree
- No recording of evidence
- Disapplication of Chapter 15
- Late appearance and application for recall by defenders
- PART III DEFENDED CIVIL PARTNERSHIP ACTIONS
- General provisions
- Notice of intention to defend and defences etc.
- Abandonment by pursuer
- Attendance of parties at Case Management Hearings
- Fixing of date and time for Initial Case Management Hearing
- Alteration of date and time for Initial Case Management Hearing
- Return of initial writ
- Lodging of pleadings before Initial Case Management Hearing
- Process folder
- Defences
- Implied admissions
- Sisting
- Open record
- Initial Case Management Hearing
- Alteration of date and time for Full Case Management Hearing
- Pre-Hearing Meeting
- Adjustment of pleadings
- Record for Full Case Management Hearing
- Exchange of lists of witnesses
- Full Case Management Hearing
- Judicial continuity
- Decree by default
- PART IV APPLICATIONS AND ORDERS RELATING TO CHILDREN IN CERTAIN ACTIONS
- Application and interpretation of this Part
- Applications in actions to which this Part applies
- Applications in depending actions by motion
- Applications after decree relating to a section 11 order
- Warrants for intimation to child and permission to seek views
- Views of the child – unopposed minutes relating to a section 11 order
- Views of the child – craves relating to a section 11 order sought by minuter only
- Views of the child – craves relating to a section 11 order sought by both minuter and respondent
- Applications after decree relating to aliment
- Applications after decree by persons over 18 years for aliment
- PART V ORDERS RELATING TO FINANCIAL PROVISIONS
- Application and interpretation of this Part
- Applications in actions to which this Part applies
- Applications in depending actions relating to incidental orders
- Applications relating to interim aliment
- Applications relating to orders for financial provision
- Pension Protection Fund notification
- Applications after decree relating to agreements and avoidance transactions
- PART VI APPLICATIONS RELATING TO AVOIDANCE TRANSACTIONS
- Form of applications
- PART VII FINANCIAL PROVISION AFTER OVERSEAS PROCEEDINGS
- Interpretation of this Part
- Applications for financial provision after overseas proceedings
- PART VIII ACTIONS IN RESPECT OF ALIMENT
- Applications relating to agreements on aliment
- PART IX APPLICATIONS FOR ORDERS UNDER SECTION 11 OF THE CHILDREN (SCOTLAND) ACT 1995
- Application of this Part
- Form of applications
- Applications relating to interim orders in depending actions
- Applications after decree
- Application for leave
- PART X ACTIONS RELATING TO OCCUPANCY RIGHTS AND TENANCIES
- Application of this Part
- Interpretation of this Part
- Form of application
- Defenders
- Applications by motion
- Applications by minute
- Sist of actions to enforce occupancy rights
- Certificates of delivery of documents to chief constable
- PART XI SIMPLIFIED DISSOLUTION OF CIVIL PARTNERSHIP APPLICATIONS
- Application and interpretation of this Part
- Form of applications
- Lodging of applications
- Citation and intimation
- Citation where address not known
- Opposition to applications
- Evidence
- Decree
- Appeals
- Applications after decree
- PART XII REFERRALS TO PRINCIPAL REPORTER
- PART XIII SISTING OF CIVIL PARTNERSHIP ACTIONS
- Application and interpretation of this Part
- Duty to furnish particulars of concurrent proceedings
- Mandatory sists
- Discretionary sists
- Recall of sists
- Orders in sisted actions
- CHAPTER 33AA EXPEDITIOUS RESOLUTION OF CERTAIN CAUSES
- CHAPTER 33B FINANCIAL PROVISION FOR FORMER COHABITANTS
- Interpretation of this Chapter
- CHAPTER 33C REFERRALS TO PRINCIPAL REPORTER
- Application and interpretation of this Part
- Intimation to Principal Reporter
- Intimation of decision by Principal Reporter
- CHAPTER 34 ACTIONS RELATING TO HERITABLE PROPERTY
- PART II REMOVING
- Actions of removing where fixed term of removal
- Form of notice of removal
- Form of notice under section 37 of the Act of 1907
- Giving notice of removal
- Evidence of notice to remove
- Disposal of applications under Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970 for non-residential purposes
- Service on unnamed occupiers
- Applications under the Mortgage Rights (Scotland) Act 2001
- PART III EXECUTION OF DEEDS
- Form of application under section 87 of the Courts Reform (Scotland) Act 2014
- CHAPTER 35 ACTIONS OF MULTIPLEPOINDING
- Application of this Chapter
- Application of Chapters 9 and 10
- Parties
- Condescendence of fund in medio
- Warrant of citation in multiplepoindings
- Citation
- Advertisement
- Lodging of notice of appearance
- Fixing date of first hearing
- Hearings
- Lodging defences, objections and claims
- Disposal of defences
- Objections to fund in medio
- Preliminary pleas in multiplepoindings
- Consignation of the fund and discharge of holder
- Further service or advertisement
- Ranking of claims
- Remit to reporter
- CHAPTER 36 ACTIONS OF DAMAGES
- PART AI SPECIAL PROCEDURE FOR ACTIONS FOR, OR ARISING FROM, PERSONAL INJURIES
- Application and interpretation
- Application and interpretation of this Part
- Raising a personal injuries action
- Form of initial writ
- Actions based on clinical negligence
- Inspection and recovery of documents
- Personal injuries action: application of other rules and withdrawal from personal injuries procedure
- Application of other rules
- Disapplication of personal injuries procedure
- Personal injuries procedure
- Allocation of diets and timetables
- Applications for sist or for variation of timetable
- Statements of valuation of claim
- Pre-trial meetings
- Incidental hearings
- PART I INTIMATION TO CONNECTED PERSONS IN CERTAIN ACTIONS OF DAMAGES
- Application and interpretation of this Part
- Averments
- Warrants for intimation
- Applications to dispense with intimation
- Subsequent disclosure of connected persons
- Connected persons entering process
- Failure to enter process
- PART II INTERIM PAYMENTS OF DAMAGES
- Application and interpretation of this Part
- Applications for interim payment of damages
- Adjustment on final decree
- PART III PROVISIONAL DAMAGES FOR PERSONAL INJURIES
- Application and interpretation of this Part
- Applications for provisional damages
- Applications for further damages
- PART IV MANAGEMENT OF DAMAGES PAYABLE TO PERSONS UNDER LEGAL DISABILITY
- Orders for payment and management of money
- Methods of management
- Subsequent orders
- Management of money paid to sheriff clerk
- PART IVA PRODUCTIONS IN CERTAIN ACTIONS OF DAMAGES
- PART V SEX DISCRIMINATION ACT 1975
- Causes under section 66 of the Act of 1975
- PART VI MESOTHELIOMA ACTIONS: SPECIAL PROVISIONS
- Mesothelioma actions: special provisions
- CHAPTER 36A CASE MANAGEMENT OF CERTAIN PERSONAL INJURIES ACTIONS
- Application and interpretation of this Chapter
- Form of initial writ
- Averments of medical treatment
- Making up open record
- Period for adjustment
- Variation of adjustment period
- Closing record
- Lodging of written statements
- Procedural Hearing
- Pre-proof timetable
- Power of sheriff to make orders
- CHAPTER 36B JURY TRIALS
- Application and interpretation of this Chapter
- Applications for jury trial
- Citation of jurors
- Ineligibility for, and excusal from, jury service
- Application of certain rules relating to proofs
- Failure of party to appear at jury trial
- Administration of oath or affirmation to jurors
- Exceptions to sheriff’s charge
- Further questions for jury
- Application of verdicts
- Recording of proceedings at jury trial
- CHAPTER 37 CAUSES UNDER THE PRESUMPTION OF DEATH (SCOTLAND) ACT 1977
- Interpretation of this Chapter
- Parties to, and service and intimation of, actions of declarator
- Further advertisement
- Applications for proof
- Applications for variation or recall of decree
- Appointment of judicial factors
- CHAPTER 38 EUROPEAN COURT
- Interpretation of this Chapter
- Applications for reference
- Preparation of case for reference
- Sist of cause
- Transmission of reference
- CHAPTER 39 PROVISIONS IN RELATION TO CURATORS AD LITEM
- Fees and outlays of curators ad litem in respect of children
- CHAPTER 40 COMMERCIAL ACTIONS
- Application and interpretation of this Chapter
- Proceedings before a nominated sheriff
- Procedure in commercial actions
- Election of procedure for commercial actions
- Transfer of action to be a commercial action
- Appointment of a commercial action as an ordinary cause
- Special requirements for initial writ in a commercial action
- Notice of Intention to Defend
- Defences
- Fixing date for Case Management Conference
- Applications for summary decree in a commercial action
- Case Management Conference
- Lodging of productions
- Hearing for further procedure
- Failure to comply with rule or order of sheriff
- Determination of action
- Parts of Process
- CHAPTER 41 PROTECTION FROM ABUSE (SCOTLAND) ACT 2001
- Interpretation
- Attachment of power of arrest to interdict
- Extension or recall of power of arrest
- Documents to be delivered to chief constable in relation to recall or variation of interdict
- Certificate of delivery of documents to chief constable
- CHAPTER 41A DOMESTIC ABUSE (SCOTLAND) ACT 2011
- Interpretation and application of this Chapter
- Applications for a determination that an interdict is a domestic abuse interdict
- CHAPTER 42
- COMPETITION APPEAL TRIBUNAL
- Interpretation
- Transfer of proceedings to the Tribunal
- CHAPTER 42A APPLICATIONS IN COMPETITION PROCEEDINGS
- Interpretation of this Chapter
- Recovery of evidence
- Applications in relation to alleged cartel leniency statement or settlement submission
- CHAPTER 43 CAUSES RELATING TO ARTICLES 101 AND 102 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
- Intimation of actions to the Office of Fair Trading
- CHAPTER 44 The Equality Act 2010
- Interpretation and application
- Intimation to Commission
- Assessor
- Taxation of Commission expenses
- National security
- Transfer to Employment Tribunal
- Transfer from Employment Tribunal
- CHAPTER 45 VULNERABLE WITNESSES (SCOTLAND) ACT 2004
- Interpretation
- Child Witness Notice
- Vulnerable Witness Application
- Intimation
- Procedure on lodging child witness notice or vulnerable witness application
- Review of arrangements for vulnerable witnesses
- Intimation of review application
- Procedure on lodging a review application
- Determination of special measures
- Intimation of an order under section 12(1) or (6) or 13(2)
- Taking of evidence by commissioner
- Commission on interrogatories
- Commission without interrogatories
- Lodging of video record and documents
- Custody of video record and documents
- Application for leave for party to be present at the commission
- CHAPTER 46 COMPANIES ACT 2006
- Leave to raise derivative proceedings
- Application to continue proceedings as derivative proceedings
- CHAPTER 47 ACTIONS OF DIVISION AND SALE AND ORDERS FOR DIVISION AND/OR SALE OF PROPERTY
- Remit to reporter to examine heritable property
- Division and/or sale of property
- CHAPTER 48 REPORTING RESTRICTIONS
- Interpretation and application of this Chapter
- Application for an order
- Interim orders
- Representations
- Notification of reporting restrictions
- Applications for variation or revocation
- CHAPTER 49 ADMIRALTY ACTIONS
- Interpretation of this Chapter
- Forms of action
- Actions in rem
- Actions in personam
- Sale of ship or cargo
- Ship collisions and preliminary acts
- Applications to dispense with preliminary acts
- Ship collision and salvage actions
- Arrestment of ships and arrestment in rem of cargo on board ship
- Arrestment of cargo
- Forms for diligence in admiralty actions
- Movement of arrested property
- Arrestment before service
- CHAPTER 50 LODGING AUDIO OR AUDIO-VISUAL RECORDINGS OF CHILDREN
- Interpretation
- Lodging an audio or audio-visual recording of a child
- Separate inventory of productions
- Custody of a recording of a child
- Access to a recording of a child
- Incidental appeal against rulings on access to a recording of a child
- Exceptions
- Application of other rules
- CHAPTER 51 LAND REGISTRATION ETC.
- Interpretation of this Chapter
- Applications under Part 6 of the 2012 Act
- Form of orders under Part 6 of the 2012 Act
- Effect of warrant to place or renew caveat
- Form of order for rectification of a document
- CHAPTER 53 PROVING THE TENOR
- Application of this Chapter
- Parties
- Supporting evidence
- Undefended actions
- CHAPTER 54 REDUCTION
- Application of this Chapter
- Craves for suspension and interdict
- Production: objection by defender
- Production: no objection by defender
- Production: pursuer to satisfy
- Production: joint minute for reduction
- Production: satisfaction by a copy
- APPENDIX 1 FORMS
- APPENDIX 2 FORMS FOR EXTRACT DECREES
- Appendix 3 SCHEDULE OF TIMETABLE UNDER PERSONAL INJURIES PROCEDURE
Feedback