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

Type Statutory-Instrument
Publication 1994-05-31
Last updated 2021-03-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 31st May 1994

Coming into force: 5th September 1994

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988[^f00001], the provisions specified in Schedule 1 to this Act of Sederunt and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1
  • (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994) 1994 and shall come into force on 5th September 1994.
  • (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Rules of the Court of Session

2

The provisions of Schedule 2 to this Act of Sederunt shall have effect for the purpose of providing new rules for the Court of Session.

Amendments, repeals, revocations and savings

3
  • (1) The enactments mentioned in Schedule 3 to this Act of Sederunt shall have effect subject to the amendments there specified.
  • (2) The enactments mentioned in Schedule 4 to this Act of Sederunt, being enactments relating to matters in respect of which the rules specified in the fourth column of that Schedule are made, are repealed to the extent specified in the third column of that Schedule.
  • (3) Subject to paragraphs (5) and (6) below, the Acts of Sederunt mentioned in Schedule 5 to this Act of Sederunt are revoked to the extent specified in the third column of that Schedule.
  • (4) All Acts of Sederunt to the extent that they relate to practice or procedure in the Court of Session made before 10th November 1964 (being the date on which the Act of Sederunt (Rules of Court, consolidation and amendment) 1965[^f00002] was made) are, in so far as still in force, revoked.
  • (5) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to fees and outlays of solicitors, witnesses' fees and allowances or shorthand writers' fees shall affect fees or allowances in respect of anything done, or outlays incurred, before the date on which this Act of Sederunt comes into force.
  • (6) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to interest on decrees or extracts shall affect interest included in or exigible under a decree pronounced or an extract extracted before the coming into force of this Act of Sederunt.

SCHEDULE 1 — POWERS UNDER AND BY VIRTUE OF WHICH THIS ACT OF SEDERUNT IS MADE

Column 1 Column 2 Column 3
Relavant enactment conferring power Relevant amending enactment Relevant provision in Schedule 2
Section 34A of the Judicial Factors Act 1849 (c. 51) Inserted by section 67 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Rules 61.31 and 61.32
Section 40 of the Judicial Factors Act 1849 Amended by paragraph 15 of Schedule 1 to the Age of Legal Capacity (Scotland) Act 1991 (c. 50) Chapter 61
Section 11B of the Judicial Factors Act 1889 (c. 39) Inserted by paragraph 4 of Schedule 7 to the Bankruptcy (Scotland) Act 1985 (c. 66) Rules 61.9 and Part II of Chapter 61
Section 21 of the Judicial Factors Act 1889 Chapter 61
Section 4 of the Court of Session Consignations (Scotland) Act 1895 (c. 19) Rule 33.12(4)
Section 11 of the Administration of Justice Act 1920 (c. 81) Part II of Chapter 62
Section 12(b) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13) Part II of Chapter 62
Section 1(1) of the Public Records (Scotland) Act 1937 (c. 43) Amended by section 1(3) and (7) of the Public Registers and Records (Scotland) Act 1948 (c. 57) Rule 9.1
Section 1(2) of the Public Records (Scotland) Act 1937 Rule 9.2
Section 58C of the Trade Marks Act 1938 (c. 22) Inserted by section 300 of the Copyright, Designs and Patents Act 1988 (c. 48) Rules 55.17
Section 8(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) Amended by section 52(5) of the Court of Session Act 1988 (c. 36) Rules 32.3 and 32.7
Section 7(b) of the Arbitration (International Investment Disputes) Act 1966 (c. 41) Part III of Chapter 62
Section 1(3) of the Administration of Justice (Scotland) Act 1972 (c. 59) Chapter 64
Paragraph 5 of Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) Rule 49.1(3)
Sections 47(6) and 102(1) and (3) of the Children Act 1975 (c. 72) Section 102 was amended by Schedule 4 to the Adoption Act 1976 (c. 36) Rule 49.20
Section 48(1) of the Children Act 1975 Amended by Schedule 2 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9) Rules 49.8(3)(g) and 49.20
Section 11 of the Divorce (Scotland) Act 1976 (c. 39) Rule 49.17
Section 15 of the Presumption of Death (Scotland) Act 1977 Chapter 50
Section 92(4) of the Patents Act 1977 (c. 37) Rule 66.7
Section 59(1) of the Adoption Act 1978 (c. 28) Chapter 67
Section 57(4) of the Solicitors (Scotland) Act 1980 (c. 46) Amended by Schedule 2 to the Solicitors (Scotland) Act 1988 (c. 42) and section 37(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Rules 68.2(1) and 68.3
Section 4 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 [S.I. 1993/604] Rule 62.28
Section 12 of the Civil Jurisdiction and Judgments Act 1982 Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 Rule 62.40
Section 48 of the Civil Jurisdiction and Judgments Act 1982 Part V of Chapter 62
Section 9(5) of the Merchant Shipping (Liner Conferences) Act 1982 (c. 37) Part VI of Chapter 62
Sections 121(3) and (4) and 185[^f00003] of the Representation of the People Act 1983 (c. 2) Rules 69.2 and 69.3
Sections 136(2)–(4) and (7) and 185 of the Representation of the People Act 1983 Amended by paragraph 48 of Schedule 4 to the Representation of the People Act 1985 (c. 50) Rule 69.4
Sections 138(1) and 185 of the Representation of the People Act 1983 Rule 69.8
Sections 139(1) and 185 of the Representation of the People Act 1983 Rule 69.9
Sections 146(1) and 185 of the Representation of the People Act 1983 Rule 69.18
Sections 147(1) and (2) and 185 of the Representation of the People Act 1983 Rule 69.19
Sections 152(3) and 185 of the Representation of the People Act 1983 Rule 69.20
Sections 153(1) and 185 of the Representation of the People Act 1983 Rule 69.25
Section 10 of the Child Abduction and Custody Act 1985 (c. 60) Parts I and II of Chapter 70
Section 24 of the Child Abduction and Custody Act 1985 Parts I and III of Chapter 70
Section 1A(1)(b) of the Bankruptcy (Scotland) Act 1985 (c. 66) Inserted by section 1(1) of the Bankruptcy (Scotland) Act 1993 (c. 6) Rule 72.6(1)
Section 14(4) of the Bankruptcy (Scotland) Act 1985 Amended by paragraph 3 of Schedule 1 to the Bankruptcy (Scotland) Act 1993 Rule 72.6(3)
Section 62(2) of the Bankruptcy (Scotland) Act 1985 Rule 72.5
Paragraph 2 of Schedule 5 to the Bankruptcy (Scotland) Act 1985 Rule 72.6(3) and (4)
Section 27 of the Family Law Act 1986 (c. 55) Rule 71.3
Section 28 of the Family Law Act 1986 Rule 71.6
Section 90(4) of the Debtors (Scotland) Act 1987 (c. 18) Rule 16.15(1)(i)
Section 102 of the Debtors (Scotland) Act 1987 Part II of Chapter 16
Section 8(4) of the Criminal Justice (Scotland) Act 1987 (c. 41) Rule 76.4(2)
Section 22 of the Criminal Justice (Scotland) Act 1987 Rules 76.10 to 76.14
Section 28(1) of the Criminal Justice (Scotland) Act 1987 Part VII of Chapter 62
Section 46 of the Criminal Justice (Scotland) Act 1987 Rules 76.3(2) and 76.7(2)
Section 7(e) of the Multilateral Investment Guarantee Agency Act 1988 (c. 8) Part VIII of Chapter 62
Section 91(1) and (2) of the Criminal Justice Act 1988 (c. 33) Part VII of Chapter 62
Section 6(i) of the Court of Session Act 1988 Chapter 3
Section 6(ii) of the Court of Session Act 1988 Rules 14.2 and 14.3
Section 6(iii) of the Court of Session Act 1988 Rules 46.2, 46.3 and 46.5
Section 6(iv) of the Court of Session Act 1988 Rules 46.2 and 46.4
Section 6(v) of the Court of Session Act 1988 Chapter 25
Section 6(vi) of the Court of Session Act 1988 Part II of Chapter 63
Section 6(vii) of the Court of Session Act 1988 Rule 13.6(b)
Section 26(2) of the Court of Session Act 1988 Rule 77.10
Section 26(3) of the Court of Session Act 1988 Rule 77.3
Sections 28 and 51[^f00004] of the Court of Session Act 1988 Chapter 38
Sections 29(1) and 51 of the Court of Session Act 1988 Rules 39.1 to 39.5
Sections 34 and 51 of the Court of Session Act 1988 Rule 53.1 and Chapter 60
Sections 48(2)(b) and 51 of the Court of Session Act 1988 Section 48(2)(b) was substituted by paragraph 38 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Rule 23.14
Sections 49(1) and 51 of the Court of Session Act 1988 Rule 58.1(3)
Section 114(3) of the Copyright, Designs and Patents Act 1988 (c. 48) Rule 55.17(2)
Section 204(3) of the Copyright, Designs and Patents Act 1988 Rule 55.17(2)
Section 231(3) of the Copyright, Designs and Patents Act 1988 Rule 55.17(2)
Paragraph 11(2) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) Rule 76.24
Paragraph 19(1)–(3) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 Part VII of Chapter 62
Section 8(1) to the Access to Health Records Act 1990 (c. 23) Rule 79.3

SCHEDULE 2 — THE RULES OF THE COURT OF SESSION 1994

Preliminary

CHAPTER 1 — CITATION, APPLICATION, ETC.

Citation

1.1

These Rules may be cited as the Rules of the Court of Session 1994.

Application

1.2

These Rules apply to any cause whether initiated before or after the coming into force of these Rules.

Interpretation etc.

1.3

–

  • (1) In these Rules, unless the context otherwise requires–
  • “the Act of 1988” means the Court of Session Act 1988[^f00005];
  • “the Act of 2014” means the Courts Reform (Scotland) Act 2014.
  • “act” means an order of the court which is extractable, other than a decree;
  • “agent”, except in rule 16.2(2)(e) (service furth of United Kingdom by party’s authorised agent) and rule 16.14(1) (arrestment of cargo), means a solicitor or person having a right to conduct the litigation:
  • “the Auditor” means the Auditor of the Court of Session;
  • “cause” means any proceedings;
  • “clerk of court” means the clerk of session acting as such;
  • “clerk of session” means a depute clerk of session or an assistant clerk of session, as the case may be;
  • “counsel” means a practising member of the Faculty of Advocates;
  • “depute clerk of session” means a depute clerk of session and justiciary;
  • “Deputy Principal Clerk” means the Deputy Principal Clerk of Session;
  • “document” has the meaning assigned to it in scection 9 of the Civil Evidence (Scotland) Act 1988[^f00006];
  • “the Extractor” means the Extractor of the Court of Session or the Extractor of the acts and decrees of the Teind Court, as the case may be;
  • “Keeper of the Records” means the Keeper of the Records of Scotland;
  • “Keeper of the Registers” means the Keeper of the Registers of Scotland;
  • “other person having a right of audience” means a person having a right of audience before the court by virtue of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[^f00007] (legal services) in respect of the category and nature of the cause in question;
  • “party” means a person who has entered appearance in an action or lodged a writ in the process of a cause (other than a minuter seeking leave to be sisted to a cause); and “parties” shall be construed accordingly;
  • “period of notice” means–in relation to service, or intimation on a warrant for intimation before calling, of a summons, the period determined in accordance with rule 13.4 (period of notice in summonses); andin relation to service of any other writ, intimation of a writ other than intimation referred to in sub-paragraph (a), or the period for lodging answers to a writ, the period determined in accordance with rule 14.6 (period of notice for lodging answers);
  • “person having a right to conduct the litigation” means a person having a right to conduct litigation by virtue of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in respect of the category and nature of the cause in question;
  • “Principal Clerk” means the Principal Clerk of Session and Justiciary;
  • “principal writ” means the writ by which a cause is initiated before the court;
  • “proof” includes proof before answer;
  • “rolls” means the lists of the business of the court issued from time to time by the Keeper of the Rolls;
  • “send” includes deliver; and “sent” shall be construed accordingly;
  • “simple procedure case” has the meaning given by section 72(9) of the Courts Reform (Scotland) Act 2014;
  • “step of process” means a document lodged in process other than a production;
  • “summons” includes the condescendence and pleas-in-law annexed to it;
  • “vacation judge” means a judge of the court sitting as such in vacation;
  • “writ” means summons, petition, note, application, appeal, minute, defences, answers, counter-claim, issue or counter-issue, as the case may be.
  • (2) for the purpose of these Rules–
  • (a) “affidavit” includes an affirmation and a statutory or other declaration; and
  • (b) an affidavit shall be sworn or affirmed before a notary public or any other competent authority.
  • (3) Where a power is conferred in these Rules on the Lord President to make directions, the power may be exercised in his absence by the Lord Justice-Clerk.
  • (4) Where a provision in these Rules imposes an obligation on a principal officer, the obligation may be performed by a clerk of session authorised by him or by another principal officer; and in this paragraph “principal officer” means the Principal Clerk, Deputy Principal Clerk, Deputy Principal Clerk (Administration), Keeper of the Rolls or Principal Extractor.
  • (5) Unless the context otherwise requires, where a provision in these Rules requires a party to intimate, give written intimation, or send a document, to another party, it shall be sufficient compliance with that provision if intimation is given or the document is sent, as the case may be, to the agent acting in the cause for that party.
  • (6) Unless the context otherwise requires, anything done or required to be done by a party under a provision in these Rules may be done by the agent for that party acting on his behalf.
  • (7) Where a provision in these Rules requires a document to be lodged in an office or department of the Office of Court within or not later than a specified period and the last day of that period is a day on which that office or department is closed, the period shall be extended to include the next day on which that office or department, as the case may be, is open or on such other day as may be specified in a notice published in the rolls.
  • (8) Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form is a reference to the Chapter, Part, rule, or the form in the appendix, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of the paragraph or that head of the sub-paragraph, in which the reference occurs.

Forms

1.4

Where there is a reference to the use of a form in these Rules, that form in the appendix to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.

CHAPTER 2 — RELIEF FROM COMPLIANCE WITH RULES

Relief for failure to comply with rules

2.1

–

  • (1) The court may relieve a party from the consequences of a failure to comply with a provision in these Rules shown to be due to mistake, oversight or other excusable cause on such conditions, if any, as the court thinks fit.
  • (2) Where the court relieves a party from the consequences of a failure to comply with a provision in these Rules under paragraph (1), the court may pronounce such interlocutor as it thinks fit to enable the cause to proceed as if the failure to comply with the provision had not occurred.

General and administration

CHAPTER 3 — OFFICES OF THE COURT

Office of Court

3.1

–

  • (1) The Office of Court shall comprise–
  • (a) the General Department;
  • (b) the Petition Department;
  • (c) the Rolls Department;
  • (d) the Extracts Department; and
  • (e) the Teind Office;

but shall not include the office of the Accountant of Court or the Auditor.

  • (2) Each department of the Office of Court shall be under the charge of an officer who shall act under the dir ection of the Principal Clerk in consultation with the Lord President.

General Department

3.2

–

  • (1) The General Department shall be under the charge of the Deputy Principal Clerk.
  • (2) There shall be lodged in the General Department all processes in–
  • (a) causes originating in the court and initiated by summons or simplified divorce application;
  • (b) appeals from inferior courts, remits from the sheriff court and the Sheriff Appeal Court, appeals, including references, submissions and applications of the nature of appeals under statute, stated cases and special cases;
  • (c) causes transmitted from the sheriff court on contingency; and
  • (d) appeals to the Lands Valuation Appeal Court.
  • (3) All processes lodged in the General Department shall be classified as–
  • (a) ordinary actions;
  • (b) Admiralty and commercial actions;
  • (c) family (including consistorial) actions; or
  • (d) lands valuation causes.

Petition Department

3.3

–

  • (1) The Petition Department shall be under the charge of the Deputy Principal Clerk.
  • (2) There shall be lodged in the Petition Department all processes in causes which are initiated by petition.

Rolls Department

3.4

–

  • (1) The Rolls Department shall be under the charge of the Keeper of the Rolls, who shall be assisted by a clerk of session known as the Assistant Keeper of the Rolls.
  • (2) The Keeper of the Rolls shall be responsible for keeping the rolls of the court in consultation with the Lord President, the Lord Justice-Clerk and the Principal Clerk.

Extracts Department

3.5

–

  • (1) The Extracts Department shall be under the charge of the Principal Extractor who shall be assisted by a clerk of session known as the Extractor.
  • (2) The Principal Extractor shall be responsible for extracting the acts and decrees of the court except those in teind causes.
  • (3) Subject to rule 3.6(3) (duties of the clerk of teinds), the Extractor shall be the Keeper of–
  • (a) the Register of Acts and Decrees;
  • (b) the Register of Edictal Citations and Executions of Diligence; and
  • (c) the Register of Decrees in Consistorial Causes.
  • (4) As Keeper of the Register of Edictal Citations and Executions of Diligence, the Extractor shall–
  • (a) record on the copy of the schedule of diligence received by him the date of its receipt at his office;
  • (b) record the details of that schedule and its receipt in the register;
  • (c) preserve that schedule and any citation for a period of three years from the date of receipt of the schedule or citation, as the case may be; and
  • (d) make the register and schedules of diligence and citations executed on him available for inspection at his office during its normal business hours.

Teind Office

3.6

–

  • (1) The Teind Office shall be under the charge of a clerk of session known as the clerk of teinds.
  • (2) There shall be lodged in the Teind Office all processes which are dealt with by the Teind Court or the Lord Ordinary in teind causes.
  • (3) The clerk of teinds shall–
  • (a) keep and index the records and processes in the Teind Office; and
  • (b) be the Keeper of the Teind Rolls and the Keeper of the Minute Book of the Teind Court.

The Auditor

3.7

The Auditor shall be responsible for the taxation of accounts of expenses in any cause.

CHAPTER 4 — THE PROCESS

Form, size, etc., of documents forming the process

4.1

–

  • (1) In an action or petition, the principal summons or petition, as the case may be, shall be on a printed form approved by the court, completed in writing, typescript or print and backed with a printed backing approved by the court.
  • (2) A writ, other than a principal summons or petition, bringing a cause before the court shall be in writing, typescript or print, on paper of a texture and size approved by the court and backed with cartridge paper or paper of similar durability.
  • (3) A step of process lodged in a cause shall be in writing, typescript or print, on paper of a texture and size approved by the court and, except in the case of a motion, backed with cartridge paper or paper of similar durability.
  • (4) A step of process other than a motion shall be securely fastened, folded and backed lengthwise and shall bear, on the first page and on the backing, a delimited square for the cause reference number assigned to the principal writ on being lodged.

Signature of documents

4.2

–

  • (1) Subject to paragraph (5), each page of a summons and the condescendence and pleas-in-law annexed to it shall be signed by an agent.
  • (2) Subject to paragraph (5), a letter passing the signet shall be signed by an agent.
  • (3) Subject to paragraphs (5) and (9), a petition, note, application or minute shall be signed by counsel or other person having a right of audience, except that–
  • (a) a petition for the sequestration of the estates of the petitioner, or for recall of his sequestration, may be signed by the petitioner or an agent;
  • (b) a petition for suspension, suspension and interdict or suspension and liberation may be signed by an agent;
  • (bza) an application in Form 26A.5 or Form 26A.8 may be signed by the applicant or an agent;
  • (ba) an application in Form 40.2 or Form 41A.2 may be signed by the applicant or an agent;
  • (c) a simplified divorce application under rule 49.73 shall be signed by the applicant;
  • (ca) a petition in Form 58.3 which requires to be lodged urgently and where counsel or other person having a right of audience, as the case may be, is unavailable to sign, may be signed by an agent if—
  • (i) the agent adds a docquet to the petition providing the name of the agent and confirming that the agent signed the petition on behalf of and with the authority of that counsel, or other person having a right of audience; and
  • (ii) there is lodged with the petition a declaration by counsel or other person having a right of audience that he or she authorised the agent named to sign the petition as it required to be lodged urgently and that counsel or other person having a right of audience was unavailable to sign;
  • (cc) a petition in form 61.2 shall be signed only by the Accountant of Court;
  • (d) an application for registration under Chapter 62 (recognition, registration and enforcement of foreign judgments etc.) may be signed by the petitioner or an agent;
  • (dd) a petition by the Council of the Law Society of Scotland for a person’s admission as (either or both)—
  • (i) a solicitor;
  • (ii) a notary public,

may be signed by any officer of the Society who is authorised by the Council to do so; and

  • (e) a minute for variation of custody may be signed by a party litigant.
  • (f) an application in Form 106.2 or Form 106.7 may be signed by the applicant or anagent.
  • (4) Subject to paragraphs (9) and (10) , defences, answers and other writs (other than appeals) not referred to in paragraphs (1), (2) and (3), shall be signed by counsel or other person having a right of audience, or, in the case of a party litigant, the party litigant.
  • (5) Where a party litigant is unable to obtain the signature of counsel or other person having a right of audience or an agent on a document as required by paragraph (1), (2) or (3), he may request the Deputy Principal Clerk to place the document before the Lord Ordinary for leave to proceed without such signature; and the decision of the Lord Ordinary shall be final and not subject to review.
  • (6) Where the Lord Ordinary grants leave to proceed under paragraph (5), the interlocutor granting leave shall be written and signed on the face of the document and the party litigant shall sign the document.
  • (7) Where an agent signs a document under this rule, he shall append to his signature his business address–
  • (a) in the case of a summons, at the end of the first page and on the last page after the pleas-in-law; and
  • (b) in the case of any other document, at the end of the last page.
  • (8) Where a writ has been signed—
  • (a) by counsel;
  • (b) by a person having a right of audience; or
  • (c) on behalf of and with the authority of counsel or other person having a right of audience in accordance with paragraph (3)(ca),

he or she is to be regarded as the drawer of it and answerable for what it contains.

  • (9) The following documents shall not require any signature:–
  • (a) a minute of amendment;
  • (b) answers to a minute of amendment;
  • (c) a minute of sist;
  • (d) a minute of transference;
  • (e) a minute of objection to a minute of transference;
  • (f) a note of objection.
  • (10) Paragraph(3)(ca) applies in respect of answers requiring to be lodged under rule58.6(1), subject to the following modifications—
  • (a) the reference to “petition in Form 58.3”; and
  • (b) the references to “petitions”,

are to be read as references to “answers requiring to be lodged under rule 58.6(1)”.

Lodgings of processes

4.3

A process shall be lodged in every cause commenced by summons or petition when–

  • (a) in the case of a summons, the summons is presented for signeting; and
  • (b) in the case of a petition, the petition is presented to the Petition Department.

except that the foregoing provisions of this rule shall not apply where the petition is in form 61.2

Steps of process

4.4

–

  • (1) A process shall include the following steps of process:–
  • (a) an inventory of process;
  • (b) the principal writ;
  • (c) an interlocutor sheet;
  • (d) a motion sheet; and
  • (e) a minute of proceedings.
  • (2) A step of process referred to in paragraph (1), other than the principal writ, shall contain at least two pages.
  • (3) A step of process shall be assigned a number of process which shall be marked on the backing with the cause reference number of the principal writ and recorded in the inventory of process.

Productions

4.5

–

  • (1) On each occasion a production is lodged in process–
  • (a) an inventory of productions shall be lodged in process; and
  • (b) a copy of the inventory of productions shall be sent to every other party.
  • (2) A production shall be–
  • (a) marked with a number of process with the cause reference number assigned to the principal writ; and
  • (b) if consisting of more than one sheet, securely fastened together.

Intimation of steps of process

4.6

–

  • (1) A party lodging a step of process shall–
  • (a) give written intimation of the lodgment of it to every other party; and
  • (b) subject to any other provision in these Rules, send a copy of the step of process lodged to every such party.
  • (2) A clerk of session shall not mark a step of process as received until a certificate of intimation has been endorsed on it.

Lodging of documents in Inner House causes

4.7

–

  • (1) A party, on lodging in a cause in the Inner House–
  • (a) a petition or note,
  • (b) an appeal, ... stated case, special case, case, reference or submission,
  • (c) answers,
  • (d) a reclaiming print required under rule 38.5(2) ... (reclaiming prints for reclaiming motions),
  • (e) a print of the whole pleadings and other documents required under rule 39.1(4) (print of pleadings etc. for motion for new jury trial),
  • (f) an appeal print required under rule 40.7(2)(b) (appeal print in appeal from inferior court), or
  • (g) an appendix required under rule 38.19 (lodging of appendices in reclaiming motions), 39.8 (lodging of appendix in application for new trial) or 40.19 (lodging of appendices in appeals from inferior court),

shall lodge in process three copies of the document ....

  • (1A) A party, on lodging an application for leave to appeal in the Inner House, must—
  • (a) lodge in process a copy of the application; and
  • (b) unless otherwise agreed, send a copy to every other party.
  • (1B) A party who has lodged an application for leave to appeal in the Inner House must, if notified by a clerk of session that the application will be dealt with by a Division of the Inner House under rule 37A.2(3), lodge in process two additional copies of the application within the period of 7 days beginning with the date of notification.
  • (2) Where a party intends to refer to a document, other than one mentioned in paragraph (1) at a hearing before a Division of the Inner House, he shall lodge three copies of it in process by 12 noon on the second sitting day before the hearing.
  • (3) Unless rule 37A.2(3) applies, where a party intends to refer to a document (other than the application itself) at a hearing on an application for leave to appeal, the party shall lodge a copy of it in process by 12 noon on the second sitting day before the hearing.

Copies of documents for use of court

4.8

–

  • (1) A clerk of session shall refuse to accept a copy of a document for the use of the court which does not conform to a standard approved by the court in size, spacing, lettering, legibility, quality of paper or otherwise.
  • (2) A party tendering a document which is refused by a clerk of session shall have the right to apeal in writing to the Deputy Principal Clerk.
  • (3) Where the Deputy Principal Clerk refuses an appeal under paragraph (2), he may extend the time for lodging the document.
  • (4) A decision of the Deputy Principal Clerk under this rule shall be final and not subject to review.

Documents ordered or allowed to be lodged

4.9

–

  • (1) Where the court pronounces an interlocutor ordering or allowing a document to be lodged in process, it shall specify a time within which the document shall be lodged.
  • (2) The time for lodging a document referred to in paragraph (1) may be prorogated by the court on an application by motion enrolled before the time for lodging has expired.
  • (3) A document lodged in process, in terms of an interlocutor ordering or allowing it to be lodged, shall have marked on it–
  • (a) the date of the interlocutor ordering or allowing it to be lodged;
  • (b) the date of any interlocutor prorogating the time originally allowed; and
  • (c) the time allowed for lodging it.

Receipt of documents

4.10

–

  • (1) Subject to paragraph (2), a clerk of session shall mark the date of receipt on every document lodged in process other than a production.
  • (2) A clerk of session shall not accept, or mark as received, a document after the day on which it is due to be lodged.

Documents not to be borrowed

4.11

–

  • (1) Subject to paragraph (2), a writ shall remain in the Office of Court and shall not be borrowed from process, but may be inspected by any person having an interest.
  • (2) Paragraph (1) shall not apply to–
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) a party borrowing his principal writ for the purposes of service or intimation; or
  • (c) a party borrowing his writ for the purpose of writing on it and authenticating an amendment which has been made.
  • (3) The following steps of process shall not be borrowed from process:–
  • (a) the inventory of process;
  • (b) the interlocutor sheet;
  • (c) the motion sheet;
  • (d) the minute of proceedings;
  • (e) any inventory of productions;
  • (f) the principal copy of a report ordered by the court and lodged in process;
  • (g) the principal or any copy of a bond of caution or a consignation receipt lodged in process; and
  • (h) the principal copy of any other document by which an order of the court to find caution or give security is satisfied and lodged in process until the order is recalled.

Borrowing and returning documents

4.12

–

  • (1) A party borrowing a document which may be borrowed shall give a receipt for it, dated and signed, on the inventory of process.
  • (2) Subject to paragraph (3), before a clerk of session accepts a document for return to process, he shall–
  • (a) compare it with the inventory of process and receipt in the presence of the person returning it, delete the receipt and initial and date the deletion; or
  • (b) in the case of a partial return, mark on the inventory of process the document so returned and initial and date the entry.
  • (3) Where the document being returned is bulky so that it cannot be examined conveniently at the time–
  • (a) a clerk of session shall not accept the document without a separate slip accompanying it, dated and signed by the party returning it, specifying the number of process so returned; and
  • (b) the clerk of session receiving it shall examine it before the close of the following business day and give written intimation to the party returning it of any inaccuracy in the slip accompanying it.
  • (4) Where written intimation is not given under paragraph (3)(b), the accuracy of the slip shall be presumed and the party returning the document shall be exonered as if the receipt had been deleted under paragraph (2)(a) or marked under paragraph (2)(b), as the case may be.
  • (5) A party returning more than one document shall ensure that the documents returned are arranged in consecutive order according to the inventory of process; and a clerk of session may refuse to accept documents which are not so arranged.
  • (6) The court may, on the motion of a party, ordain any other party who has borrowed a document to return that document within such period as the court think`s fit.

Finally extracted processes not to be borrowed

4.13

No step of process may be borrowed after a final extract has been issued.

Lost documents

4.14

–

  • (1) Where–
  • (a) a principal writ,
  • (b) other pleadings, or
  • (c) an interlocutor sheet,

is lost or destroyed, a copy of it may be substituted which is proved in the cause to the satisfaction of the court and authenticated in such manner as the court thinks fit.

  • (2) A copy of a document substituted under paragraph (1) shall be equivalent to the original for the purposes of the cause and the process of which it forms a part, including the use of diligence.

Outer House interlocutors

4.15

–

  • (1) This rule applies to interlocutors pronounced in the Outer House.
  • (2) Subject to paragraphs (3) and (3A), an interlocutor pronounced by the Lord Ordinary may be written by the clerk of court and shall be signed by the Lord Ordinary.
  • (3) Subject to any direction he may be given by the Lord Ordinary, a depute clerk of session may sign an interlocutor, other than a final interlocutor, in respect of a motion which is not starred; and that interlocutor shall be treated for all purposes as if it had been signed by the Lord Ordinary.
  • (3A) Subject to any direction he may be given by the Lord Ordinary, an assistant clerk of session may sign an interlocutor, other than a final interlocutor, in respect of a motion which is intimated and enrolled in accordance with Part2 of Chapter23 and which is not starred; and that interlocutor shall be treated for all purposes as if it had been signed by the Lord Ordinary.
  • (4) An interlocutor may be signed during session or in vacation.
  • (5) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.
  • (6) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–
  • (a) the Lord Ordinary who signed it or on whose behalf it was signed; or
  • (b) in the event of the death, disability or absence of the Lord Ordinary, any other judge of the court.

Inner House interlocutors

4.16

–

  • (1) This rule applies to interlocutors pronounced in the Inner House , except interlocutors mentioned in rule4.16A (Inner House interlocutors relating to procedural business).
  • (2) Subject to paragraph (3), an interlocutor of the Inner House may be written by the clerk of court and shall be adjusted and signed by–
  • (a) the judge who presided in the Division of the Inner House when the matter to be dealt with in the interlocutor was determined, or
  • (b) in the event of the death, disability or absence of that judge, the next senior judge who sat in that Division when the matter to be dealt with in the interlocutor was determined,

as soon as reasonably practicable and after such consultation as may be necessary with the other members of the Division who sat.

  • (3) An interlocutor of the Inner House in respect of a motion which is not starred shall be adjusted and signed by the judge presiding at the time when the motion was brought before the Division of the Inner House.
  • (4) An interlocutor may be signed during session or in vacation.
  • (5) The judge signing an interlocutor of the Inner House shall append the letters “I.P.D.” to his signature as conclusive evidence that the requirements of the preceding paragraphs of this rule have been complied with.
  • (6) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.
  • (7) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–
  • (a) the judge who signed it; or
  • (b) in the event of the death, disability or absence of that judge, the next senior judge of the same Division of the Inner House.

CHAPTER 5 — CAVEATS

Orders against which caveats may be lodged

5.1

Without prejudice to rule 5.1A., a person may only lodge a caveat against–

  • (a) an interim interdict sought in an action before he has lodged defences;
  • (b) an interim order sought in an action before the expiry of the period within which he could enter appearance;
  • (c) an interim order (other than an order under section 1 of the Administration of Justice (Scotland) Act 1972[^f00008] (orders for inspection of documents and other property, etc.) sought in a petition before he has lodged answers;
  • (d) an order for intimation, service and advertisement of a petition to wind up, or to appoint an administrator to, a company in which he has an interest; ...
  • (e) an order for intimation, service and advertisement of a petition for his sequestration ; and
  • (f) an order permitting the bringing of group proceedings (within the meaning given in Chapter 26A)

Form, lodging and renewal of caveats

5.2

–

  • (1) A caveat shall be in Form 5.2 and shall be lodged in the Petition Department.
  • (2) A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of a year and yearly thereafter.

CHAPTER 6 — THE ROLLS

Printing and publishing of rolls

6.1

The rolls shall be printed and published, and delivered to subscribers, under directions made from time to time by the Lord President.

Fixing and allocation of diets in Outer House

6.2

–

  • (1) This rule applies to the fixing and allocation of diets in the Outer House.
  • (2) The court shall not proceed to fix a diet where–
  • (a) a proof is allowed;
  • (b) issues are approved; or
  • (c) a cause is appointed to the Procedure Roll.
  • (2A) Where a party enrols a motion for a cause to be appointed to the Procedure Roll he shall include in the enrolled motion his estimate of the likely duration of the Procedure Roll hearing.
  • (2B) If any other party considers that the estimate included under paragraph (2A) is too low, he shall record upon the enrolled motion his own estimate.
  • (2C) On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purposes of his carrying out the functions conferred on him by paragraphs (3) and (4), the clerk of court shall note the estimate provided in pursuance of paragraph (2A) unless a higher estimate is recorded under paragraph (2B), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded.
  • (3) Subject to paragraph (4), a cause appointed to the Procedure Roll may be put out for hearing by the Keeper of the Rolls in the course of any week where, unless the parties otherwise agree, the diet has been published in the rolls on Thursday of the preceding week.
  • (4) Where a hearing on the Procedure Roll is anticipated to be of some length or complexity, the parties may arrange a fixed diet with the Keeper of the Rolls.
  • (5) When a party enrols for a proof to be allowed or issues to be approved in a cause depending before the Outer House he shall include in the enrolled motion his estimate of the likely duration of the proof or jury trial and request that the diet be allocated accordingly.
  • (6) If any other party considers that the estimate so included is too low, he shall record upon the enrolled motion his own estimate.
  • (7) On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purpose of his allocating the diet, the clerk of court shall note the estimate provided in pursuance of paragraph (5) unless a higher estimate is recorded under paragraph (6), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded; and the Keeper of the Rolls shall allocate the diet of proof or jury trial accordingly and give written intimation of it to each party.
  • (7A) Any estimate included or recorded by a party under paragraph (2A), (2B), (5) or (6) shall be certified in Form 6.2 by any counsel or other person having a right of audience instructed by that party to represent him at the Procedure Roll hearing, proof, or jury trial, as the case may be.
  • (7B) A certificate under paragraph (7A) shall be lodged–
  • (a) where it relates to an estimate included under paragraph (2A) or (5), at the time of enrolling the motion mentioned in that paragraph;
  • (b) where it relates to an estimate recorded under paragraph (2B) or (6), at the time of recording that estimate.
  • (7C) Where a party’s original estimate of the duration of any diet changes, that party shall lodge a further Form 6.2 no later than 14 days before the date of any Procedure Roll hearing, proof or jury trial.
  • (13) An application for the allocation of a special diet may be made to the Keeper of the Rolls–
  • (a) on cause shown;
  • (b) of consent of all parties; and
  • (c) before a diet has been allocated under a preceding paragraph of this rule.
  • (14) Where an application under paragraph (13) is refused, the parties may bring the application before the Lord President; and the Lord President, or a judge nominated by him, shall determine the application in chambers.
  • (15) Parties shall attend on the Keeper of the Rolls for the purpose of fixing a diet for–
  • (a) a proof or jury trial in a cause of exceptional length or complexity;
  • (b) an undefended proof;
  • (c) a continued proof;
  • (d) a continued hearing; or
  • (e) a hearing on evidence.

Fixing and allocation of diets in Inner House

6.3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Putting out causes for proof, jury trial or hearing

6.4

–

  • (1) The Keeper of the Rolls shall prepare and publish in the rolls from time to time lists of all causes in which diets have been fixed or allocated–
  • (a) in the Summar Roll, or
  • (b) for proof, jury trial or other hearing,

and put out such causes before such Division of the Inner House or Lord Ordinary, as the case may be, as may be convenient.

  • (2) Without prejudice to rule 6.2(3) (causes appointed to procedure roll put out for hearing), a cause published in the rolls for hearing on any roll or at any diet shall be published not later than the second day before the day on which the cause is to be heard.

CHAPTER 7 — EXTRACTS AND OFFICIAL CERTIFIED COPY INTERLOCUTORS

Applications for extracts

7.1

–

  • (1) Subject to the provisions of this Chapter mentioned in paragraph (2), an application may be made for an extract of an act or a decree after the expiry of 7 days after the date of the act or decree, as the case may be.
  • (2) The provisions referred to in paragraph (1) are:–
  • paragraph (4) of this rule,
  • rule 7.2 (extracts of decrees in certain family actions),
  • rule 7.3 (amendments to principal writ),
  • rule 7.4 (return of steps of process and borrowing productions).
  • (3) An application under paragraph (1) shall be made by note to the Extractor in Form 7.1 lodged in the appropriate department of the Office of Court.
  • (4) The court may authorise immediate extract or supersede extract for such period as it thinks fit.

Extracts of decrees in certain family actions

7.2

–

  • (1) Subject to paragraph (2), a decree–
  • (a) of divorce,
  • (b) of declarator of nullity of marriage, or
  • (c) in an action to which rule 49.28 (evidence in certain undefended family actions) applies,

shall be extracted automatically after the expiry of 21 days after the date of decree unless a reclaiming motion has been enrolled.

  • (2) A decree of divorce in a simplified divorce application shall be extracted immediately.
  • (3) An extract under paragraph (1) or (2) shall be issued by the Extractor to the pursuer and a copy of it sent by the Extractor by first class post to the defender where his address is known.
  • (4) Additional extracts under this rule may be obtained from the Extracts Department.

Amendments to principal writ

7.3

An amendment which has been allowed to the instance or a conclusion of a summons, or to a petition, shall be written on the principal writ before the process is transmitted to the Extracts Department for an extract.

Return of steps of process and borrowing productions

7.4

Before an application is made under rule 7.1 for a final extract–

  • (a) any step of process which has been borrowed shall be returned; and
  • (b) each party shall borrow the productions lodged by him.

Decrees for payment in foreign currency

7.5

–

  • (1) Where an application is made under rule 7.1 for an extract of a decree for payment in a foreign currency, the applicant shall lodge with the note to the Extractor a certified statement of the rate of exchange prevailing at–
  • (a) the date of the decree sought to be extracted,
  • (b) the date on which the note to the Extractor is lodged, or
  • (c) a date within three days before the date on which the note to the Extractor is lodged,

and the sterling equivalent of the principal sum, interest and expenses decerned for.

  • (2) The certified statement required under paragraph (1) shall be by an official in the Bank of England or an institution authorised under the Banking Act 1987[^f00009].

Decrees of adjudication

7.6

Where an application is made under rule 7.1 for an extract of a decree of adjudication for debt, the applicant shall lodge with the note to the Extractor a statement of the accumulated sum in Form 7.6.

Interest

7.7

Where interest is included in, or payable under, a decree, it shall be at the rate of 8 per cent a year unless otherwise stated.

Fees for extracts to be included in extracts

7.8

–

  • (1) Where the court pronounces an interlocutor awarding a sum of expenses, the interlocutor shall be deemed to include, in addition to such sum, the fees for any extract required to enforce the award.
  • (2) In an extract of an interlocutor containing an award of expenses, the Extractor shall include the amount of the fee for the extract.

Form of extracts

7.9

–

  • (1) Subjects to paragraphs (2) and (3), the extract of an act or a decree shall be in such form as the Extractor thinks fit.
  • (2) An extract shall be–
  • (a) partly or wholly written,
  • (b) typewritten,
  • (c) printed,
  • (d) lithographed, or
  • (e) photographed,

and subscribed on the last page by the Extractor and have each page impressed with the stamp of the Extractor.

  • (3) An alteration in an extract shall be authenticated by the initials of the Extractor.
  • (4) In this rule, a reference to the Extractor includes the Principal Extractor.

Warrants for execution

7.10

An extract of a decree on which execution may proceed shall include a warrant for all lawful execution in the following terms:– “and the Lords grant warrant for all lawful execution on this decree”.

Official certified copy interlocutors

7.11

–

  • (1) An application may be made to the appropriate department of the Office of Court for an official certified copy of an interlocutor in respect of–
  • (a) the appointment of a judicial factor;
  • (b) the approval of a scheme of arrangement in a petition for variation of a trust under section 1(1) of the Trusts (Scotland) Act 1961[^f00010];
  • (c) the approval of a cy pres scheme or a scheme for the variation or reorganisation of a public trust; or
  • (d) a decree for interim aliment.
  • (2) The Principal Clerk, the Deputy Principal Clerk, or a clerk of session authorised by either of them, may append to an official certified copy of an interlocutor granting decree for interim aliment a warrant for all lawful execution in the following terms:– “and the Lords grant warrant for all lawful execution on this decree for interim aliment”.

CHAPTER 8 — TAXES ON MONEY UNDER CONTROL OF THE COURT

Certificates by officer of Inland Revenue

8.1

–

  • (1) Subject to paragraph (2), no–
  • (a) decree or other interlocutor for payment to a person of any money consigned in the name of the Accountant of Court under the Court of Session Consignations (Scotland) Act 1895[^f00011],
  • (b) decree or other interlocutor for payment of consigned money, or for transfer or conveyance to a person of any heritable or moveable property, in a cause which seeks the distribution of the estate of a deceased person, or
  • (c) decree of exoneration and discharge of a judicial factor appointed by the court to administer and distribute an estate, unless appropriate steps have been taken for the continued administration of a lapsed trust, intestate estate, partnership estate or other estate, heritable or moveable,

shall be pronounced until there has been lodged with the clerk of court a certificate by an authorised officer of Revenue and Customs stating that all taxes or duties payable to the Commissioners for Her Majesty’s Revenue and Customs have been paid or satisfied.

  • (2) In relation to paragraph (1)(b), in an action of multiplepoinding it shall not be necessary for the issue of such a certificate that all of the taxes or duties payable on the estate of a deceased claimant have been paid or satisfied.

CHAPTER 9 — COURT RECORDS

Transmission of records

9.1

–

  • (1) The Register of Acts and Decrees for each year shall be transmitted by the Extractor to the Keeper of the Records for permanent custody within 6 months after the end of that year.
  • (2) Subject to paragraph (3), a process, other than a teind process, shall be transmitted to the Keeper of the Records after the expiry of 5 years after–
  • (a) the date of the last interlocutor pronounced in the cause; or
  • (b) where no interlocutor has been pronounced, the date of the calling of the summons or the presentation of the petition, as the case may be.
  • (3) No process of a petition for–
  • (a) appointment of a judicial factor, or
  • (b) the winding up of a company,

shall be transmitted under this rule unless the factor or liquidator, as the case may be, has been granted a final discharge by the court.

Retransmission of processes to Office of Court

9.2
  • (1) Where a person, having an interest in a process in the custody of the Keeper of the Records (other than a finally extracted process), requires that process to be transmitted back to the Office of Court–
  • (a) it shall be transmitted back on payment of such fee as may be due to the Keeper of the Records; and
  • (b) an entry shall be made in a book to be kept by the Keeper of the Records recording the retransmission, which shall be signed by the clerk of session who receives the process.
  • (2) No document in a process, may be borrowed by any person while the process remains in the custody of the Keeper of the Records except under the provisions of paragraph (1).
  • (3) A process transmitted back to the Office of Court under paragraph (1) shall be returned by the Office of Court to the Keeper of the Records as soon as possible after it has ceased to be required.

CHAPTER 10 — COURT SITTINGS

Session and terms of court

10.1
  • (1) Except in vacation, the court shall be in session throughout the year and, subject to paragraph (2), shall—
  • (a) normally sit on Tuesday, Wednesday, Thursday and Friday of each week;
  • (b) normally sit between 1000 hours and 1600 hours, with an appropriate adjournment for lunch;
  • (c) not sit—
  • (i) on a public holiday;
  • (ii) on such other days as the Lord President may, in exceptional circumstances, direct.
  • (2) The court may sit—
  • (a) on a Monday where it is considered desirable to do so;
  • (b) on a Saturday, Sunday or public holiday where it is desirable to do so to determine a matter of urgency.
  • (3) For the purposes of these Rules, a “sitting day” is a day on which the court sits under paragraph(1)(a) or a vacation sitting day.

Sederunt days

10.2
  • (1) During vacation, the court—
  • (a) shall normally sit on a vacation sitting day;
  • (b) may sit, on days other than vacation sitting days, where it is desirable to do so.
  • (2) The court shall not sit on—
  • (a) a public holiday;
  • (b) such other days as the Lord President may, in exceptional circumstances, direct.
  • (3) During vacation, one or more of the judges of the court shall act from time to time as a vacation judge sitting in court or in chambers.
  • (4) The vacation judge shall deal with the business of the vacation judge under rule11.1(1) on such days and at such times as it is desirable to do so.
  • (5) A Division of the Inner House may sit during vacation, whether or not on a vacation sitting day, to determine urgent business which cannot competently be determined by the vacation judge.

Sittings during term

10.3

In these Rules—

  • “public holiday” means any of the dates or parts of days in the following table—Table202120222023Friday 1st January 2021Monday 3rd January 2022Monday 2nd January 2023Monday 4th January 2021Tuesday 4th January 2022Tuesday 3rd January 2023Friday 2nd April 2021Monday 11th April 2022Friday 7th April 2023Monday 5th April 2021Friday 15th April 2022Monday 10th April 2023Monday 19th April 2021Monday 18th April 2022Monday 17th April 2023Monday 3rd May 2021Monday 2nd May 2022Monday 1st May 2023Monday 17th May 2021Monday 16th May 2022Monday 15th May 2023Monday 20th September 2021Monday 19th September 2022Monday 18th September 2023Monday 6th December 2021Monday 5th December 2022Monday 4th December 2023The afternoon of Friday 24th December 2021The afternoon of Friday 23rd December 2022The afternoon of Friday 22nd December 2023Monday 27th December 2021Monday 26th December 2022Monday 25th December 2023Tuesday 28th December 2021Tuesday 27th December 2022Tuesday 26th December 2023;
  • “vacation” is any of the periods in the following table beginning with the date in the first column and ending with the date in the corresponding second column—TableFirst columnSecond columnSaturday 27th March 2021Friday 9th April 2021Saturday 18th December 2021Wednesday 5th January 2022Saturday 9th April 2022Friday 22nd April 2022Saturday 24th December 2022Friday 6th January 2023Saturday 1st April 2023Friday 14th April 2023Saturday 23rd December 2023Friday 5th January 2024;
  • “vacation sitting day” means any of the dates in the following table—Table202120222023Wednesday 31st March 2021Wednesday 13th April 2022Wednesday 4th January 2023Wednesday 7th April 2021Wednesday 20th April 2022Wednesday 5th April 2023Wednesday 22nd December 2021Wednesday 28th December 2022Wednesday 12th April 2023Wednesday 29th December 2021Wednesday 27th December 2023.

Sittings during session outwith terms

10.4
  • (1) A Division of the Inner House or the Lord Ordinary may sit on any day when the court is in session after a term has ended to conclude a hearing which has commenced during a term.
  • (2) A Division of the Inner House may sit at any time when the co urt is in session outwith a term to hear and determine urgent Inner House business.
  • (3) At any time during session outwith a term, the Lord Ordinary shall–
  • (a) have the powers of the vacation judge in rule 11.1; and
  • (b) have such other powers to hear and determine a cause in the Outer House as the Lord President may from time to time direct.

Sittings during vacation

10.5
  • (1) During vacation, one or more of the judges of the court, other than the Lord President and the Lord Justice-Clerk, shall act from time to time as a vacation judge sitting in court or in chambers.
  • (2) The vacation judge shall deal with the business of the vacation judge under rule 11.1(1) on such days and at such times as may be necessary or convenient, subject to any direction of the Lord President.
  • (3) A Division of the Inner House or the Lord Ordinary may sit during vacation, whether or not on a sederunt day, to conclude a hearing commenced when the court was in session.
  • (4) A Division of the Inner House may sit during vacation, whether or not on a sederunt day, to hear and determine urgent Inner House business which cannot competently be heard and determined by the vacation judge.

Lord Ordinary in Exchequer Causes

10.6

The Lord Ordinary in Exchequer Causes may hear and determine an Exchequer cause when the court is in session or in vacation.

CHAPTER 11 — VACATION JUDGE

Powers of vacation judge

11.1
  • (1) Subject to any other provision in these Rules and paragraph (2) of this rule, the vacation judge may, during vacation, hear and determine–
  • (a) a motion which might be determined during session by the Lord Ordinary;
  • (b) an application which might be determined during session by the Lord Ordinary in chambers; and
  • (c) a motion which does not affect the merits, in a cause in dependence in the Inner House.
  • (1A) Subject to paragraph (2) of this Rule, the vacation judge may, during vacation, in a case where early disposal of a reclaiming motion or appeal is sought by virtue of rule 38.7A or 40.7A make any order or refusal, or give any direction, under rule 38.14(6) or 40.12(6) which might be made or given during session by the nominated judge.
  • (2) The vacation judge shall not be bound to hear or determine any matter if, in his opinion, it would be more appropriate for the matter to be dealt with in the session of the court after the vacation.

CHAPTER 12 — ASSESSORS

Summoning of assessors

12.1
  • (1) Subject to the following provisions of this Chapter, the court may, at its own instance or on the motion of a party, summon to its assistance a qualified person to sit with the court to act as an assessor at a proof or hearing in any cause.
  • (2) Where the court considers summoning an assessor at its own instance, it shall hear the parties on the matter before making a decision.
  • (3) Where an interlocutor is pronounced summoning an assessor, the court shall remit to the Deputy Principal Clerk to arrange for the attendance of the assessor selected.

Consignation of money for fees of assessors

12.2

An interlocutor summoning an assessor other than in a cause under the Patents Act 1977[^f00012] shall only be pronounced subject to the condition that there shall be consigned into court such sum as the court thinks fit to meet the fees and expenses of the assessor by–

  • (a) the party enrolling the motion; or
  • (b) where an assessor is summoned by the court at its own instance, the pursuer or petitioner, as the case may be, unless the court otherwise directs.

Motions to summon assessors

12.3

A party seeking to summon an assessor shall–

  • (a) enrol a motion for that purpose not less than 28 days before the diet of the proof or hearing at which the presence of an assessor is sought; and
  • (b) give written intimation of the motion to every other party not less than 7 days before it is enrolled.

Copies of pleadings for use of assessors

12.4
  • (1) Where an assessor is summoned by the court at its own instance, the pursuer or petitioner, as the case may be, shall lodge in process such copy of the closed record or other pleadings in the cause as the court directs for the use of the assessor.
  • (2) Where a motion under rule 12.3 (motions to summon assessors) has been granted, the party who enrolled the motion shall lodge in process a copy of the closed record or other pleadings in the cause for the use of the assessor.

Selection of assessors

12.5
  • (1) Subject to paragraph (2), an assessor shall be selected by agreement between the parties, failing which, by the court on the motion of a party.
  • (2) A nautical assessor shall be selected from the list of persons–
  • (a) approved by the Lord President;
  • (b) kept by the Principal Clerk; and
  • (c) published as the Lord President shall direct.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Number of assessors

12.6
  • (1) For a proof or hearing in the Outer House, only one assessor shall be summoned.
  • (2) In the case of–
  • (a) a proof or hearing ordered by a Division of the Inner House to be taken by one of the judges of the Inner House, or
  • (b) a hearing in the Inner House,

the number of assessors to be summoned shall be such number as the court thinks fit.

Skilled witnesses where assessors summoned

12.7
  • (1) In a cause arising out of a collision at sea where the court is assisted by a nautical assessor at a proof, no party may lead a skilled witness on nautical matters.
  • (2) In a cause other than one to which paragraph (1) applies, where the court is assisted by an assessor at a proof, a party may not lead evidence from more than one skilled witness on any matter within the special qualifications of the assessor.
  • (3) Where a question arises at a proof in relation to the application of paragraph (2), the decision of the Lord Ordinary shall be final and not subject to review.
  • (4) In a cause to which paragraph (2) applies, the court may, on the motion of a party–
  • (a) enrolled not less than 14 days before the diet of proof, and
  • (b) of which written intimation has been given to every other party not less than 7 days before the motion is enrolled,

on cause shown, allow evidence to be led from a greater number of skilled witnesses.

Note of questions submitted to assessors

12.8

The judge who presides at a proof or hearing to which an assessor is summoned shall make a note of each question submitted to the assessor and of the answer; and the note shall be lodged in process.

Remuneration of assessors

12.9

The remuneration to be paid to an assessor, other than in a cause under the Patents Act 1977, shall, unless the court otherwise directs, be treated as expenses in the cause.

Initiation and progress of proceedings

CHAPTER 13 — SUMMONSES, NOTICE, WARRANTS AND CALLING

Initiation of causes by summons

13.1

Subject to any other provision in these Rules, all causes originating in the court shall be commenced in the Outer House by summons.

Form of summonses

13.2
  • (1) Subject to any other provision in these Rules, a summons shall be in Form 13.2–A.
  • (1A) A summons in an action to which Chapter 26A (group procedure) applies is to be in Form 13.2-AA.
  • (2) A conclusion in a summons shall be stated in accordance with the appropriate style, if any, in Form 13.2–B.
  • (3) Subject to rule 46.6(3) (no condescendence or pleas-in-law in ship collision actions), there shall be annexed to a summons–
  • (a) a statement, in the form of numbered articles of the condescendence, of the averments of fact which form the grounds of the claim; and
  • (b) appropriate pleas-in law.
  • (4) A condescendence shall include averments stating–
  • (a) in an action to which the Civil Jurisdiction and Judgments Act 1982[^f00013] applies, the domicile of the defender (to be determined in accordance with the provisions of that Act) so far as known to the pursuer;
  • (b) the ground of jurisdiction of the court, unless jurisdiction would arise only if the defender prorogated the jurisdiction of the court without contesting jurisdiction;
  • (c) unless the court has exclusive jurisdiction, whether or not there is an agreement prorogating the jurisdiction of a court in another country; ...
  • (d) whether or not there are proceedings involving the same cause of action in subsistence between the parties in a country to which the convention in Schedule 1 or 3C to the Civil Jurisdiction and Judgments Act 1982[^f00014] applies and the date any such proceedings commenced ; and
  • (e) if applicable, any special capacity in which the pursuer is suing or any special capacity in which the defender is being sued.
  • (5) A summons may include warrants ... and intimation in so far as permitted under these Rules.
  • (6) A summons may include a draft interlocutor in Form 43.1A (actions based on clinical negligence: authority to raise as ordinary action).

Address of defender

13.3

In a summons, the pursuer shall–

  • (a) set out in the instance the known residence, registered office, other official address or place of business of the defender where he is to be served; or
  • (b) where that residence, office, address or place, as the case may be, is not known and cannot reasonably be ascertained, set out in the instance that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his present whereabouts.

Period of notice in summonses

13.4
  • (1) Subject to any other provision in these Rules, the period of notice in a summons shall be–
  • (a) in the case of service within Europe, 21 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrant for intimation;
  • (b) in the case of service furth of Europe under rule 16.2(2) (d) or (e) (service by an huissier etc. or personally), 21 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrant for intimation;
  • (c) in the case of service furth of Europe other than under sub-paragraph (b), 42 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrrant for intimation; and
  • (d) in the case of service by advertisement under rule 16.5 (service where address of person is not known), other than in an action to which rule 49.12 (notice of family actions by advertisement) applies, 6 months from the date of publication of the advertisement.
  • (2) An application may be made by motion to shorten or extend the period of notice in a summons.
  • (3) Where a motion under paragraph (2) is made after signeting of the summons but before service–
  • (a) the summons shall be produced to the court; and
  • (b) the decision of the Lord Ordinary on the motion shall be final and not subject to review.

Signeting

13.5
  • (1) A summons shall pass the signet.
  • (2) No summons shall bear any date but the date of signeting, which date shall be treated as the date of the summons.
  • (3) A summons shall be signeted and registered by a clerk of session acting under authority from the Principal Clerk (by virtue of a commission granted to him by the Keeper of the Signet).
  • (4) Subject to paragraph (5), a summons shall be presented to the General Department during its normal office hours for signeting and registration.
  • (5) In an emergency, a summons may be signeted and registered outwith the normal office hours.

Warrants in summonses

13.6

When signeted, a summons shall be authority for—

  • (a) service on the defender designed in the instance; and
  • (b) intimation of the summons on any person on whom intimation is required in these Rules where a warrant for that purpose has been inserted in the summons.

Service and intimation of summonses

13.7
  • (1) Where a summons is to be executed, a copy of the summons which has passed the signet shall be–
  • (a) served on the defender with a citation in Form 13.7 attached to it; and
  • (b) intimated to any person named in a warrant for intimation.
  • (2) Where service of a summons is not executed within a year and a day after the date of signeting, the instance shall fall.

Warrants after signeting

13.8

Where a warrant for intimation referred to in rule 13.6(b) is not obtained when the summons is signeted, the pursuer may apply by motion for authority for intimation of the summons on any person on whom intimation is required in these Rules.

Effect of warrants for inhibition on dependence

13.9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recall etc. of arrestment or inhibition

13.10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Movement of arrested property

13.11
  • (1) Any person having an interest may apply by motion for a warrant authorising the movement of a vessel or cargo which is the subject of an arrestment mentioned in rule 13.6A.
  • (2) Where the court grants a warrant sought under paragraph (1), it may make such further order as it thinks fit to give effect to that warrant.
  • (3) A warrant granted on a motion under paragraph (1) shall be without prejudice to the validity and subsistence of the arrestment.

Intimation of actions relating to heritable property

13.12
  • (1) In an action relating to heritable property, it shall not be necessary to call a person as a defender by reason only of any interest he may have as the holder of a heritable security over the heritable property; but intimation of the summons shall be given to that person by notice of intimation in Form 13.12 attached to a copy of the summons.
  • (2) A warrant for intimation under paragraph (1) shall be inserted in the summons by the pursuer in the following terms:— “Warrant to intimate to (name and address) as a person who is believed to be a heritable creditor of the defender.”.
  • (3) A person on whom intimation has been made under this rule may apply by motion for leave to be sisted as a party and to lodge defences.

Calling

13.13
  • (1) A summons shall not be called earlier than the day on which the period of notice expires.
  • (2) A summons shall be lodged for calling not later than 12.30 p.m. on the second day before that on which it is to be called.
  • (3) A summons may be called–
  • (a) during session, on a sitting day; or
  • (b) in vacation, on a calling day of which notice has been given in the rolls.
  • (4) A summons lodged for calling shall be accompanied by a typewritten slip containing the instance, subject to the following provisions:–
  • (a) where there is more than one pursuer or defender, the slip shall contain only the name and designation of the first pursuer or defender, as the case may be, followed by the words “and Another [or Others, as the case may be]”; and
  • (b) in naming and designing a pursuer or defender who is a body of persons (such as a trust or a partnership), whether individual members are also parties or not, it shall be sufficient to use the collective name of that body.
  • (5) The calling of a summons shall be published in the rolls on the date on which the summons calls.
  • (6) Where a summons has not called within a year and a day after the expiry of the period of notice, the instance shall fall.

Protestation for not calling summons

13.14
  • (1) Where the pursuer does not lodge the summons for calling within 7 days after the date on which the period of notice expires, the defender, on production of the service copy summons, may apply by motion for an order ordaining the pursuer to lodge the summons for calling within 7 days, or such other period as the court thinks fit, after the date of the order.
  • (2) Where the court pronounces an interlocutor under paragraph (1), the defender shall serve a certified copy of that interlocutor on the pursuer.
  • (3) Where the pursuer fails to lodge the summons within the period ordered by the court under paragraph (1), the defender may apply by motion–
  • (a) for declarator that the instance has fallen;
  • (b) for recall of any diligence mentioned in rule 13.6(c) which has been executed; and
  • (c) for payment to the defender of his expenses of process under this rule.
  • (4) An interlocutor granting a motion under paragraph (3) shall be final and not subject to review.

CHAPTER 14 — PETITIONS

Application of this Chapter

14.1

Subject to any other provisions in these Rules, this Chapter applies to a petition presented to the court.

Applications by petition in the Outer House

14.2

Subject to any other provision in these Rules, the following applications to the court shall be made by petition presented in the Outer House:–

  • (a) an application for the appointment of a judicial factor, a factor loco absentis, a factor pending litigation or a curator bonis;
  • (b) an application for the appointment of a judicial factor on the estate of a partnership or joint adventure;
  • (c) an application to the nobile officium of the court which relates to–
  • (i) the administration of a trust;
  • (ii) the office of trustee; or
  • (iii) a public trust;
  • (d) a petition and complaint for breach of interdict;
  • (e) an application to the supervisory jurisdiction of the court;
  • (f) an application for suspension, suspension and interdict, and suspension and liberation;
  • (g) an application to recall an arrestment or inhibition other than in a cause depending before the court; ...
  • (h) a petition or other application under these Rules or any other enactment or rule of law ; and
  • (i) an application to the court in exercise of its parens patriae jurisdiction.

Applications by petition in the Inner House

14.3

Any of the following applications shall be made by petition presented in the Inner House:–

  • (a) a petition and complaint other than for breach of interdict;
  • (b) an application under any enactment relating to solicitors or notaries public;
  • (c) an application which is, by virtue of these Rules or any other enactment, to be by petition and is incidental to a cause depending before the Inner House;
  • (d) an application to the nobile officium of the court other than an application mentioned in rule 14.2(c) (applications relating to the administration of a trust, the office of trustee or a public trust);
  • (e) a petition by trustees for directions under Part II of Chapter 63;
  • (f) an application under section 1 of the Evidence (Proceedings in Other Jurisdictions) Act 1975[^f00016] (assistance in obtaining evidence for civil proceedings in another jurisdiction);
  • (g) an application under section 1 of the Trusts (Scotland) Act 1961[^f00017] (variation or revocation of trusts);
  • (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (j) an application under section 17(6), 18(7), 20(7), 20(11)(b), 21(5), 21(7) or 21(10) of, or under paragraph 20 of Schedule 1 to, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[^f00020] (orders in relation to conveyancing or executry practitioners); and

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