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

[^key-71c27d501dbafcd4730f9e513afe390f]: Sch. 2 rule 102.3 heading substituted (2.3.2020) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Reporting Restrictions) 2020 (S.S.I. 2020/28), paras. 1(2), 2(2)(b)(i)

[^key-0f59fe17a689ab3e51f43261ff253631]: Sch. 2 rule 102.3(1) omitted (2.3.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Reporting Restrictions) 2020 (S.S.I. 2020/28), paras. 1(2), 2(2)(b)(ii)

[^key-be997184a089ec8b823d493374a9758c]: Sch. 2 Ch. 62 Pt. 15 inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 4 para. 4(2) (with s. 9)

[^key-cb0c1c4dd1e01e507ac80755df13ad14]: Sch. 2 Ch. 109 inserted (2.6.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020 (S.S.I. 2020/166), paras. 1(2), 2(2)

[^key-706a72e3bf3b35b40f8bd90553e65ce3]: Words in Sch. 2 rule 74.1(2) inserted (2.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2020 (S.S.I. 2020/198), paras. 1(2), 2(2)

[^key-656e469b2f1621ba080b106f1653da7e]: Word in Sch. 2 rule 74.3B(1) inserted (2.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2020 (S.S.I. 2020/198), paras. 1(2), 2(3)

[^key-f5cc94436e2aebf2d2624e0c65fa5d49]: Word in Sch. 2 rule 74.3B(2) inserted (2.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2020 (S.S.I. 2020/198), paras. 1(2), 2(3)

[^key-b5a66c30b9e07dc6edca0d289e728548]: Sch. 2 Ch. 74 Pt. 1A inserted (2.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2020 (S.S.I. 2020/198), paras. 1(2), 2(4)

[^key-2b6dad9285d17673f47942acb7972de6]: Sch. 2 rule 74.21(1)(b)(iiia) inserted (2.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2020 (S.S.I. 2020/198), paras. 1(2), 2(5)

[^key-aeb671703e6228a162a5dbe2ab288295]: Sch. 2 rule 74.22(A1) inserted (2.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2020 (S.S.I. 2020/198), paras. 1(2), 2(6)

[^key-d6773ab2f0963c97d6bf493812b7ed08]: Sch. 2 Ch. 26A inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(5)

[^key-04ef7e8fdda7751e0fab1542617c333e]: Sch. 2 rule 4.2(3)(bza) inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(2)

[^key-5d8fb9b25e02e87f92857ded2efa745d]: Word in Sch. 2 rule 5.1(d) omitted (31.7.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(3)(a)

[^key-ca07f33c9d918acc2586ee283ec048fe]: Word in Sch. 2 rule 5.1(e) inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(3)(b)

[^key-b73d8db2ee3cde4a0ec0a89371104db2]: Sch. 2 rule 5.1(f) inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(3)(c)

[^key-4a81d9142fda31aab2309f4a2c5b7336]: Sch. 2 rule 13.2(1A) inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(4)

[^key-6bc9ecaf3f36a8b479b35779d31ccc8c]: Sch. 2 rule 38.3(3) substituted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(6)

[^key-fefc11a091e36637734de0ec21d48799]: Sch. 2 Appendix Form 13.7: words “or (name of lead pursuer, if any, in proceedings to which Chapter 26A applies)” inserted after words “(name of pursuer)” on both occasions where it appears (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(b)

[^key-1a0338db4f06f130754a1b4d45e64de8]: Sch. 2 Appendix Form 13.2-AA inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(a), sch.

[^key-af2ed93dd64d0d2b884f83a832cf0680]: Sch. 2 Appendix Form 26A.5 inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(i), sch.

[^key-eb790baf45e732694e71cb3268d61528]: Sch. 2 Appendix Form 26A.8 inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(ii), sch.

[^key-258aa97f8f72a19796046d0e6bf0e672]: Sch. 2 Appendix Form 26A.9 inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(iii), sch.

[^key-70ddd87970e2eb88b0ffbbc0eb941641]: Sch. 2 Appendix Form 26A.14-A inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(iv), sch.

[^key-15f2c6e9c4ea97f1d6908ee517661449]: Sch. 2 Appendix Form 26A.14-B inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(v), sch.

[^key-a11a3c7fd1d7c970f14085b967ad88d8]: Sch. 2 Appendix Form 26A.15 inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(vi), sch.

[^key-65a968978d08f52237a6fc42c5e5161f]: Sch. 2 Appendix Form 26A.16 inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(vii), sch.

[^key-8297cdfacce4906b5bef0e12a78f2605]: Sch. 2 Appendix Form 26A.17 inserted (31.7.2020) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020 (S.S.I. 2020/208), paras. 1(2), 2(7)(c)(viii), sch.

[^key-b21a0379257c07db97580f250927bf99]: Words in Sch. 2 rule 16.2(2)(c) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 10(a)

[^key-12ecaada5803651464395811519315a5]: Words in Sch. 2 rule 16.2(3A) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 10(b)

[^key-1faef20a09c6720bcc5c9ebe575aaf83]: Words in Sch. 2 rule 16.2(3A)(a) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 10(c)

[^key-686663095c284b2a74841b037f9629da]: Sch. 2 Ch. 108 inserted (31.12.2020) by Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 2019 (S.S.I. 2019/328), paras. 1(2), 2(2) (as amended by S.S.I. 2020/472, paras. 1(2), 2(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-33bfe06445bb18b6f34810fd78dceae3]: Sch. 2 Appendix Form 62.28 preamble: words “[or under the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague]” inserted after “Civil Jurisdiction and Judgments Act 1982” (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(19)(a)

[^key-4d50a9add5f08dbb06dfa2cd23184f2a]: Sch. 2 Appendix Form 108.2-A inserted (31.12.2020) by Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 2019 (S.S.I. 2019/328), para. 1(2), sch.; 2020 c. 1, Sch. 5 para. 1(1)

[^key-2f936be141d14b62f0e96c8942696516]: Sch. 2 Appendix Form 108.3-A inserted (31.12.2020) by Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 2019 (S.S.I. 2019/328), para. 1(2), sch.; 2020 c. 1, Sch. 5 para. 1(1)

[^key-fa14b6bd8c1cdb0471d814015871b7a4]: Words in Sch. 2 Ch. 62 Pt. 5 heading inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(2)

[^key-dfa846507811f5980c56450968d5e331]: Sch. 2 rule 62.34A inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(9)

[^key-d2bd377b4c042ee4ae8764b297a8c9cd]: Words in Sch. 2 rule 62.26(1) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(3)(a)

[^key-2c9d95c354dc9747ccdd747dcb4748a0]: Words in Sch. 2 rule 62.26(2) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(3)(b)

[^key-58ce22679621368b96172f6439b405ab]: Word in Sch. 2 rule 62.28(1)(b) omitted (31.12.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(4)(a)(i)

[^key-ab5640f53901c34b90a004e7b7252ad0]: Sch. 2 rules 62.28(3AA), (3AB) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(4)(c)

[^key-0fcc819c7a856c199c5c9fcafb04dc2d]: Sch. 2 rule 62.28(1)(ba) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(4)(a)(ii)

[^key-7d15bbb192e8f08fdfb534e851b063ea]: Words in Sch. 2 rule 62.28(2) substituted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(4)(b)

[^key-46dc6564ec6d6e30c56529fcb9231f3e]: Words in Sch. 2 rule 62.28(4) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(4)(d)

[^key-9462857dad0826229ca5722b31272773]: Words in Sch. 2 rule 62.30(1) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(6)(b)

[^key-b4d1b815e3d8f539b827a1f1153a6264]: Words in Sch. 2 rule 62.30 inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(6)(a)

[^key-da3ba7bdbbaf24bf1399996fbe07b4ac]: Words in Sch. 2 rule 62.32(1) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(7)(b)

[^key-0d4a1c85f383d416a5e8d80eaea2066a]: Words in Sch. 2 rule 62.32 inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(7)(a)

[^key-bd5a2e598c317e67fb64d61c85a13a0e]: Words in Sch. 2 rule 62.33 inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(8)

[^key-3e6ff83300041c29bbaa8437ac587c28]: Words in Sch. 2 rule 62.35(1) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(10)(b)

[^key-54f251c3ab659eba27036bfc37c2048f]: Words in Sch. 2 rule 62.35 inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(10)(a)

[^key-74a2438658df1e59f2d52e36468c9c32]: Words in Sch. 2 rule 62.36(1) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(11)(a)

[^key-3f3f3e1efe366606df661227ca951aa2]: Words in Sch. 2 rule 62.36(1) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(11)(b)

[^key-1459591354a39d596f2f0c261e5d4960]: Words in Sch. 2 rule 62.39(a) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(12)(b)(i)

[^key-e8f6add3bc87bee7ffd8d380282616ec]: Words in Sch. 2 rule 62.39(a) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(12)(b)(ii)

[^key-5927af1b2ee1d3aa7cb8f8233cdce4d8]: Words in Sch. 2 rule 62.39 inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(12)(a)

[^key-6f40d70f91cf038849a8112f29b4a13a]: Sch. 2 rule 62.40(2ZA) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(13)(b)

[^key-4abdb9570ff40e4d719747b831786602]: Sch. 2 rule 62.40(5ZA) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(13)(d)

[^key-fab8aca3c90cfb783423d08b339ecdb0]: Word in Sch. 2 rule 62.40(3) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(13)(c)

[^key-8b3b43c39f5eacc7699fd7a66c70a4b9]: Word in Sch. 2 rule 62.40(6) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(13)(e)

[^key-24038ccf4a2c7e8ee42d21991fdef9b4]: Words in Sch. 2 rule 62.29 inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(5)

[^key-62f2adde5c7a6ec153a95a67113fd6a5]: Words in Sch. 2 rule 62.30(2)(a) inserted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(6)(c)

[^key-8b4a34ab0081770a2ab18bd1c6d44ea3]: Words in Sch. 2 rule 62.40(1) substituted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(13)(a)

[^key-a1a9cc9fdf78f555944a00561345486f]: Words in Sch. 2 rule 74.1(2) omitted (31.12.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(14)(a) (with para. 5(1))

[^key-d0b368208d38f56a3b3619f30ddcfdbd]: Words in Sch. 2 rule 74.1(2) omitted (31.12.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(14)(b) (with para. 5(1))

[^key-627fdb652e2a6afc188a6b779fa0e275]: Sch. 2 rule 74.10(2)(j) substituted (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(15) (with para. 5(1))

[^key-7b8c78f5cb03ae6d59f2ddbe4eed4d58]: Sch. 2 rule 74.21(1)(b)(iv)(v) substituted for Sch. 2 rule 74.21(1)(b)(iv) (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(16)(a) (with para. 5(1))

[^key-0d5c08258ff55128cce88c72036d7a71]: Words in Sch. 2 rule 74.21(1)(f) omitted (31.12.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(16)(b) (with para. 5(1))

[^key-b4f57be0163d4283e40a0f437fcafb8c]: Sch. 2 rule 74.24(1A) omitted (31.12.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(17) (with para. 5(1))

[^key-87b27325514e5c3bb87de47040426508]: Words in Sch. 2 rule 74.25(1)(b) omitted (31.12.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(18) (with para. 5(1))

[^key-b264d3970c96af8f1449858bd21dbb01]: Sch. 2 Appendix Form 62.28 para. 7: words “[or under section 4B of the Civil Jurisdiction and Judgments Act 1982]” inserted after “Civil Jurisdiction and Judgments Act 1982” (31.12.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) (No. 2) 2020 (S.S.I. 2020/440), paras. 1(2), 2(19)(b)

[^key-578dba7b38d5096fdce9b78d00c74104]: Sch. 2 rule 10(3) Table substituted (1.1.2021) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Court Sittings) 2019 (S.S.I. 2019/227), para. 1(3), sch. 1

[^key-550afaa14d2239f7a017ab1747871682]: Sch. 2 rule 10(3) Table substituted (1.1.2021) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Court Sittings) 2019 (S.S.I. 2019/227), para. 1(3), sch. 3

[^key-60e5f83085572dfb58b73439a6c2f099]: Sch. 2 rule 10(3) Table substituted (6.1.2021) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Court Sittings) 2019 (S.S.I. 2019/227), para. 1(4), sch. 2

[^key-492b708e9039cf4cd907cf17f4e732ff]: Sch. 2 rule 49.33A inserted (22.2.2021) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021 (S.S.I. 2021/22), paras. 1(2), 2(3)

[^key-770735a3315109d709851a988d19eeca]: Word in Sch. 2 rule 49.33(3) substituted (22.2.2021) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021 (S.S.I. 2021/22), paras. 1(2), 2(2)

[^key-5ce3998043fe6bb5aa3a92fb5bc0c147]: Words in Sch. 2 rule 58.4(7) substituted (22.2.2021) by Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021 (S.S.I. 2021/22), paras. 1(2), 2(4)

[^key-0abd7091007ec1d66e770b7bce64bb53]: Sch. 2 rule 49.91(1) substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(2)

[^key-de58421402d9cf2f0690903d5fdb262c]: Words in Sch. 2 Appendix Form 49.73-A omitted (1.3.2021) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(a)(i)

[^key-9d2562d036113e8d05c56f9e1248a71d]: Words in Sch. 2 Appendix Form 49.73-A substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(a)(ii)(iii)

[^key-ced4120829b2d61319edb4420236b360]: Words in Sch. 2 Appendix Form 49.73-B substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(b)(i)(iii)

[^key-f595c3d1cf96f9031687c930863bed7b]: Words in Sch. 2 Appendix Form 49.73-B omitted (1.3.2021) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(b)(ii)

[^key-322537bbb97f8ba4fa72237d5eef7801]: Words in Sch. 2 Appendix Form 49.73-C substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(c)(i)(ii)(iv)

[^key-124ef3cbeb012c52ae343835e332fee0]: Words in Sch. 2 Appendix Form 49.73-C omitted (1.3.2021) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(c)(iii)

[^key-8494a8c5dc05d2290d3beaccbccf10bf]: Words in Sch. 2 Appendix Form 49.80B-A substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(d)

[^key-842902a4329bca81075c57d05a8ec6a3]: Words in Sch. 2 Appendix Form 49.80B-B substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(e)

[^key-4f3142f25e70786e6105bfd022ec9c5c]: Words in Sch. 2 Appendix Form 49.80B-C substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 2(3)(f)

Hearing of commercial actions

10.7

A commercial judge nominated under rule 47.2 (proceedings before commercial judge) may hear and determine a commercial action as defined by rule 47.1(2) when the court is in session or in vacation.

Disapplication of certain rules

Procedure in commercial actions

Defences

Counterclaims and third party notices

47.7

• (1) A party seeking to lodge a counterclaim or to serve a third party notice shall apply by motion to do so.

• (2) The commercial judge shall, on a motion to lodge a counterclaim or to serve a third party notice, make such order and give such directions as he thinks fit with regard to—

• (a) the time within which a counterclaim may be lodged or a third party notice served and any answers lodged;

• (b) where the motion is made before the preliminary hearing, a date for the preliminary hearing if it is to be a date other than the date referred to in rule 47.8(2); and

• (c) any application for a warrant to use any form of diligence which would have been permitted under rule14A.2 (application for interim diligence) had the warrant been sought in a summons in a separate action.

• (3) Paragraphs (2) and (3) of rule 47.3 shall apply to the form of a counterclaim as they apply to the form of a summons.

Commercial Roll

Withdrawal of action from Commercial Roll

Transfer of action to Commercial Roll

Preliminary hearing

Procedural hearing

47.12

• (1) Not less than 3 days, or such other period as may be prescribed by the commercial judge at the preliminary hearing, before the date fixed under rule 47.11(3) for the procedural hearing, each party shall—

• (a) lodge a written statement of his proposals for further procedure which shall state—

• (i) whether he seeks to have the commercial action appointed to debate or to have the action sent to proof on the whole or any part of it;

• (ii) what the issues are which he considers should be sent to debate or proof; and

• (iii) the estimated duration of any debate or proof;

• (b) where it is sought to have the action appointed to proof, lodge a list of the witnesses he proposes to cite or call to give evidence, identifying the matters to which each witness will speak;

• (c) where it is sought to have the action appointed to proof, lodge the reports of any skilled persons;

• (d) where it is sought to have the action appointed to debate, lodge a note of argument consisting of concise numbered paragraphs stating the legal propositions on which it is proposed to submit that any preliminary plea should be sustained or repelled with reference to the principal authorities and statutory provisions to be founded on; and

• (e) send a copy of any such written statement, lists, reports or note of argument, as the case may be, to every other party.

• (2) At the procedural hearing, the commercial judge—

• (a) shall determine whether the commercial action should be appointed to debate or sent to proof on the whole or any part of the action;

• (b) where the action is appointed to debate or sent to proof, may order that written arguments on any question of law should be submitted;

• (c) where the action is sent to proof, may determine whether evidence at the proof should be by oral evidence, the production of documents or affidavits on any issue;

• (d) where the action is sent to proof, may direct that parties serve on one another and lodge in process signed witness statements or affidavits from each witness whose evidence they intend to adduce, setting out in full the evidence which it is intended to take from that witness, and fix a timetable for the service (whether by exchange or otherwise) and lodging of such statements or affidavits as may be thought necessary;

• (e) may direct that such witness statements or affidavits shall stand as evidence in chief of the witness concerned, subject to such further questioning in chief as the court may allow;

• (f) may determine, in the light of any witness statements, affidavits or reports produced, that proof is unnecessary on any issue;

• (g) where the action is sent to proof, may appoint parties to be heard By Order at a date prior to the proof diet;

• (h) may direct that skilled persons should meet with a view to reaching agreement and identifying areas of disagreement, and may order them thereafter to produce a joint note, to be lodged in process by one of the parties, identifying areas of agreement and disagreement, and the basis of any disagreement;

• (i) without prejudice to Chapter 12 (assessors), may appoint an expert to examine, on behalf of the court, any reports of skilled persons or other evidence submitted and to report to the court within such period as the commercial judge may specify;

• (j) where the action is sent to proof, may make an order fixing the time allowed for the examination and cross-examination of witnesses;

• (k) may, on the motion of a party, direct the cause to be determined on the basis of written submissions, or such other material, without any oral hearing;

• (l) may continue the procedural hearing to a date to be appointed by him;

• (m) may make an order for parties to produce a joint bundle of productions arranged in chronological order or such other order as will assist in the efficient conduct of the proof;

• (n) may order and fix a date for a further procedural hearing or fix a date for the hearing of any debate or proof; and

• (o) may make such other order as he thinks fit.

Debates

47.13

Chapter 28 (procedure roll) shall apply to a debate ordered in a commercial action under rule 47.12(2)(a) as it applies to a cause appointed to the Procedure Roll.

Lodging of productions for proof

47.14

• (1) Unless an earlier date is specified by the court, any document not previously lodged required for any proof in a commercial action shall be lodged as a production not less than 7 days before the date fixed for the proof.

• (2) No document may be lodged as a production after the date referred to in paragraph (1), even by agreement of all parties, unless the court is satisfied that any document sought to be lodged could not with reasonable diligence have been lodged in time.

Hearings for further procedure

47.15

At any time before final judgment, the commercial judge may, at his own instance or on the motion of any party, have a commercial action put out for hearing for further procedure; and the commercial judge may make such order as he thinks fit.

Failure to comply with rule or order of commercial judge

47.16

Any failure by a party to comply timeously with a provision in these Rules or any order made by the commercial judge in a commercial action shall entitle the judge, at his own instance—

• (a) to refuse to extend any period for compliance with a provision in these Rules or an order of the court,

• (b) to dismiss the action or counterclaim, as the case may be, in whole or in part,

• (c) to grant decree in respect of all or any of the conclusions of the summons or counterclaim, as the case may be, or

• (d) to make an award of expenses,

as he thinks fit.

CHAPTER 81 — APPLICATIONS FOR PARENTAL ORDERS UNDER THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990

Application and interpretation of this Chapter

81.1

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

Disapplication of certain rules to this Chapter

81.2

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

Confidentiality of documents in process

81.3

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

Selection of reporting officer or curator ad litem

81.4

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

Form of agreements to parental order

81.5

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

Orders for evidence

81.6

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

Expenses

81.7

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

Protection of identity of petitioners

81.8

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

Applications for a parental order

81.9

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

Appointment of reporting officer and curatorad litem

81.10

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

Duties of reporting officer and curatorad litem

81.11

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

Hearing

81.12

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

Supervision by or committal to care of local authority

81.13

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

Applications for return, removal or prohibition of removal of child

81.14

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

Applications to amend, or revoke a direction in, a parental order

81.15

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

Registration of certified copy interlocutor

81.16

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

Extract of order

81.17

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

Procedure after intimation to Registrar General or issue of extract

81.18

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

Execution of diligence

Appeals and references from Comptroller

Intimation and service of applications under the Copyright Act of 1988 or the Trade Marks Act 1994 for orders for disposal of infringing matter

Appeals and references under the Trade Marks Act 1994

55.19

• (1) Subject to the following paragraphs of this rule, an appeal or reference under section 76 of the Trade Marks Act 1994 (appeal from registrar or reference from appointed person) shall be heard in the Outer House by the intellectual property judge.

• (2) In the application of Part III of Chapter 41 (appeals in Form 41.25) by virtue of rule 41.51 (appeals to Lord Ordinary) to an appeal or reference under paragraph (1) of this rule–

• (a) for references to the Inner House there shall be substituted references to the intellectual property judge; and

• (b) the following paragraphs of this rule shall apply.

• (3) Subject to paragraph (4), an appeal or reference shall be lodged in the General Department–

• (a) in the case of a decision on a matter of procedure, within 14 days after the date of the decision appealed against; and

• (b) in any other case, within 6 weeks after the date of the decision appealed against or the decision referring the proceedings to the court, as the case may be.

• (4) Except with the leave of the court, no appeal or reference under this rule shall be entertained unless it has been lodged within the period specified in paragraph (3) or within such further period as the Comptroller may allow on an application made to him before the expiry of that period.

• (5) Any determination by the Comptroller that a decision is on a matter of procedure shall be treated as being itself a decision on a matter of procedure.

• (6) In the application of paragraph (1) of rule 41.27 (orders for service and answers), the order under that paragraph shall include a requirement to–

• (a) intimate the appeal to the Comptroller; and

• (b) serve the appeal on every other party to the proceedings before the Comptroller.

• (7) On receiving intimation of the appeal, the Comptroller shall forthwith transmit to the Deputy Principal Clerk all the papers relating to the matter which is the subject of the appeal.

• (8) A respondent who, not having appealed from the decision of the Comptroller, wishes to contend at the hearing of the appeal that the decision or the grounds of the decision shoul be varied shall–

• (a) specify the grounds of that contention in his answers; and

• (b) intimate those answers to the Comptroller and to every other party to the proceedings before the Comptroller.

• (9) Intimation of the date of the hearing of the appeal shall be made to the Comptroller by the appellant not less than 7 days before that date, unless the court otherwise directs.

• (10) An appeal under this rule shall be a re-hearing and the evidence led on appeal shall be the same as that led before the Comptroller; and, except with the leave of the court, no further evidence shall be led.

Referral to family mediation ...

Intimation and service of certain statutory applications ... for orders for disposal of infringing matter

Warrant for registration under the relevant enactment

Registration under the relevant enactment

Period of notice, service of causes and hearings under this Part

Period of notice, service of causes and hearings under this Part

Application and interpretation of this Part

Form of applications under the Act of 1986

Intimation and service

Questions relating to interpretation of rules or regulations

Interpretation of this Part

75.5

In this Part—

• “operator” has the meaning assigned in regulation 3(1) of the Regulations of 1995;

• “the Regulations of 1995” means the Uncertificated Securities Regulations 1995.

Form of applications under the Regulations of 1995

75.6

An application under regulation 8 (application by Secretary of State for compliance order), or regulation 9 (application by Secretary of State for interdict or restitution), of the Regulations of 1995 shall be made by petition.

Intimation and service

75.7

An order under regulation 9 of the Regulations of 1995 shall only be made following intimation and service of the petition—

• (a) on the person against whom the order is to be made; and

• (b) on the operator.

Questions relating to interpretation of rules of an operator

75.8

Where a question of the interpretation of any of the rules of an operator referred to in regulation 9(1)(a) of the Regulations of 1995 arises in a petition under this rule, the Secretary of State and the operator, if not already parties, shall be given the opportunity to make representations to the court by lodging answers to the petition.

CHAPTER 28A — NOTICES TO ADMIT AND NOTICES OF NON-ADMISSION

Notices to admit and notices of non-admission

28A.1

• (1) At any time after the record has closed, a party may intimate to any other party a notice or notices calling on him to admit for the purposes of that cause only—

• (a) such facts relating to an issue averred in the pleadings as may be specified in the notice;

• (b) that a particular document lodged in process and specified in the notice is—

• (i) an original and properly authenticated document; or

• (ii) a true copy of an original and properly authenticated document.

• (2) Where a party on whom a notice is intimated under paragraph (1)—

• (a) does not admit a fact specified in the notice, or

• (b) does not admit, or seeks to challenge, the authenticity of a document specified in the notice,

he shall, within 21 days after the date of intimation of the notice under paragraph (1), intimate a notice of non-admission to the party intimating the notice to him under paragraph (1) stating that he does not admit the fact or document specified.

• (3) The party intimating a notice under paragraph (1) or (2) shall lodge a copy of it in process.

• (4) The court may, at any time, allow a party to amend or withdraw an admission made by him on such conditions, if any, as it thinks fit.

• (5) A party may, at any time, withdraw in whole or in part a notice of non-admission by intimating a notice of withdrawal.

Consequences of failure to intimate notice of non-admission

28A.2

–

• (1) A party who fails to intimate a notice of non-admission under paragraph (2) of rule 28A.1 shall be deemed to have admitted the fact or document specified in the notice intimated to him under paragraph (1) of that rule; and such fact or document may be used in evidence at a proof if otherwise admissible in evidence, unless the court, on special cause shown, otherwise directs.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A deemed admission under paragraph (1) of this rule shall not be used against the party by whom it was deemed to be made other than in the cause for the purpose for which it was deemed to be made or in favour of any person other than the party by whom the notice was given under rule 28A.1(1).

CHAPTER 34A — PURSUERS' OFFERS

Application and interpretation of this Chapter

34A.1

In this Chapter—

• “appropriate date” means the date by which a pursuer’s offer could reasonably have been accepted;

• “charges” means charges for work carried out by the pursuer’s solicitor, and includes any additional charge;

• “pursuer’s offer” means an offer by a pursuer to settle a claim against a defender made in accordance with this Chapter;

• “relevant period” means the period from the appropriate date to the date of acceptance of the pursuer’s offer or, as the case may be, to the date on which judgment was given, or on which the verdict was applied.

Offers to settle

34A.2

• (1) A pursuer’s offer may be made in any cause where the summons includes a conclusion for an order for payment of a sum or sums of money, other than an order—

• (a) which the court may not make without evidence; or

• (b) the making of which is dependent on the making of another order which the court may not make without evidence.

• (2) This Chapter has no effect as regards any other form of offer to settle.

Protection of offers from disclosure

34A.3

• (1) A pursuer’s offer is made by lodging in process an offer in the terms specified in rule 34A.4.

• (2) A pursuer’s offer may be made at any time before—

• (a) the court makes avizandum or, if it does not make avizandum, gives judgment; or

• (b) in a jury trial, the jury retires to consider the verdict.

• (3) A pursuer’s offer may be withdrawn at any time before it is accepted by lodging in process a minute of withdrawal.

Withdrawal or expiry of offers

34A.4

A pursuer’s offer must—

• (a) state that it is made under this Chapter;

• (b) offer to accept—

• (i) a sum or sums of money, inclusive of interest to the date of the offer; and

• (ii) the taxed expenses of process; and

• (c) specify the conclusion or conclusions of the summons in satisfaction of which the sum or sums and expenses referred to in paragraph (b) would be accepted.

Acceptance of offers

34A.5

• (1) No averment of the fact that a pursuer’s offer has been made may be included in any pleadings.

• (2) Where a pursuer’s offer has not been accepted—

• (a) the court must not be informed that an offer has been made until—

• (i) the court has pronounced judgment; or

• (ii) in the case of a jury trial, the jury has returned its verdict; and

• (b) a jury must not be informed that an offer has been made until it has returned its verdict.

Consequences of failure to accept an offer to settl

34A.6

• (1) A pursuer’s offer may be accepted any time before—

• (a) the offer is withdrawn;

• (b) the court makes avizandum or, if it does not make avizandum, gives judgment; or

• (c) in the case of a jury trial, the jury retires to consider its verdict.

• (2) It is accepted by lodging in process an acceptance of the offer in the form of a minute of acceptance.

• (3) A minute of acceptance must be unqualified other than as respects any question of contribution, indemnity or relief.

• (4) On acceptance of a pursuer’s offer either the pursuer or the defender may apply by motion for decree in terms of the offer and minute of acceptance.

• (5) Where a pursuer’s offer includes an offer to accept a sum of money in satisfaction of a conclusion for decree jointly and severally against two or more defenders, the offer is accepted only when accepted by all such defenders.

• (6) However, the court may, on the motion of the pursuer, and with the consent of any defender who has lodged a minute of acceptance, grant decree in terms of the offer and minute of acceptance.

Optional procedure where there is a party litigant

35.3A

• (1) This rule applies where any of the parties to the action is a party litigant.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The party who has obtained a commission and diligence for the recovery of a document on an application made under rule 35.2(1)(a) may, at any time before executing it against a haver, serve on the haver an order in Form 35.3A-A (in this rule referred to as “the order”).

• (4) The order and a copy of the specification referred to in rule 35.2(2), as approved by the court, shall be served on the haver or his known agent and shall be complied with by the haver in the manner and within the period specified in the order.

• (5) Not later than the day after the date on which the order, and any document recovered, is received from a haver by the Deputy Principal Clerk, he shall give written intimation of that fact to each party.

• (6) No party, other than the party who served the order, may uplift any such document until after the expiry of 7 days after the date of intimation under paragraph (5).

• (7) Where the party who served the order fails to uplift any such document within 7 days after the date of intimation under paragraph (5), the Deputy Principal Clerk shall give written intimation of that failure to every other party.

• (8) Where no party has uplifted any such document within 14 days after the date of intimation under paragraph (7), the Deputy Principal Clerk shall return it to the haver who delivered it to him.

• (9) Where a party who has uplifted any such document does not wish to lodge it, he shall return it to the Deputy Principal Clerk who shall—

• (a) give written intimation of the return of the document to every other party; and

• (b) if no other party uplifts the document within 14 days after the date of intimation, return it to the haver.

• (10) Any such document lodged in process shall be returned to the haver by the party lodging it within 14 days after the expiry of any period allowed for appeal or reclaiming or, where an appeal or reclaiming motion has been marked, from the disposal of any such appeal or reclaiming motion.

• (11) If any party fails to return any such document as provided for in paragraph (9) or (10), the haver shall be entitled to apply by motion (whether or not the cause is in dependence) for an order that the document be returned to him and for the expenses occasioned by that motion.

• (12) The party holding any such document (being the party who last issued a receipt for it) shall be responsible for its safekeeping during the period that the document is in his custody or control.

• (13) If the party who served the order is not satisfied that—

• (a) full compliance has been made with the order, or

• (b) adequate reasons for non-compliance have been given,

he may execute the commission and diligence under rule 35.4.

• (14) Where an extract from a book of any description (whether the extract is certified or not) is produced under the order, the court may, on the motion of the party who served the order, direct that that party shall be allowed to inspect the book and take copies of any entries falling within the specification.

• (15) Where any question of confidentiality arises in relation to a book directed to be inspected under paragraph (14), the inspection shall be made, and any copies shall be taken, at the sight of the commissioner appointed in the interlocutor granting the commission and diligence.

• (16) The court may, on cause shown, order the production of any book (not being a banker’s book or book of public record) containing entries falling under a specification, notwithstanding the production of a certified extract from that book.

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

Warrants for transmission of processes

Commissions for examination of witnesses

Commissions on interrogatories

Commissions without interrogatories

Evidence taken on commission

Letters of request

Appeals to be heard in Outer House

41.44

• (1) Where several persons have applied for a stated case and it appears to the sheriff that such applications, or any two or more of them, raise the same question of law, the sheriff may consolidate the appeals into one stated case and, where he or she does so, he or she shall—

• (a) state in the case the reasons why he or she has consolidated the appeals; and

• (b) name one of the appellants as the appellant.

• (2) Where appeals have been consolidated under paragraph (1), the appellant named under paragraph (1)(b), on receiving the stated case from the sheriff clerk, shall send a copy of it to every other appellant on request.

Reclaiming against decision of Lord Ordinary

41.45

• (1) On the stated case being lodged in accordance with rule 41.14, the appeal shall be put out for hearing before the Registration Appeal Court on the earliest available day.

• (2) Rule 41.18 (timetable in appeal under Part III of this Chapter) shall not apply to an appeal to which this Part applies.

Application of this Part

43.29

This Part applies to an action of damages for personal injuries or the death of a person in consequence of personal injuries.

Averments of medical treatment

43.30

The condescendence of the summons in an action to which this Part applies shall include averments naming—

• (a) every medical practitioner from whom, and

• (b) every hospital or other institution in which,

the pursuer or, in an action in respect of the death of a person, the deceased received treatment for the injuries sustained, or disease suffered, by him.

Lodging of medical reports

43.31

• (1) At any time up to and including the calling of a summons in an action to which this Part applies, the pursuer shall lodge as productions ... all medical reports then available to him and in his possession or control on which he intends, or intends to reserve the right, to rely in the action.

• (2) Where no medical report is lodged as required by paragraph (1), the defender may apply by motion for an order specifying a period within which such a report shall be lodged in process.

CHAPTER 45A — ACTIONS OF REMOVING

Application of this Chapter

45A.1

• (1) Subject to paragraph (2), this Chapter applies only to a conclusion for removing in an action of removing against a person or persons in possession of heritable property without right or title to possess the property.

• (2) This Chapter shall not apply with respect to a person who has or had a title or other right to occupy the heritable property and who has been in continuous occupation since that title or right is alleged to have come to an end.

Service on unnamed occupiers

45A.2

• (1) Where the name of a person in occupation of the heritable property is not known and cannot reasonably be ascertained, the pursuer shall call that person as a defender by naming him as an “occupier”.

• (2) Where the name of a person in occupation of the heritable property is not known and cannot reasonably be ascertained, the summons shall be served (whether or not it is also served on a named person), unless the court otherwise directs, by a messenger-at-arms—

• (a) affixing a copy of the summons and a citation in Form 45A.2 addressed to “the occupiers” to the main door or other conspicuous part of the premises, and if practicable, depositing a copy of each of those documents in the premises; or

• (b) in the case of land only, inserting stakes in the ground at conspicuous parts of the occupied land to each of which is attached a sealed transparent envelope containing a copy of the summons and a citation in Form 45A.2 addressed to “the occupiers”.

• (3) Paragraphs (1), (2) and (4) of rule 16.3 (service by messenger-at-arms) shall apply to service of a summons under this rule as they apply to service by a method to which those paragraphs apply.

Shortening or dispensing with periods of time

45A.3

Where the action is directed against a person in occupation of the heritable property vi clam aut precario, the pursuer may apply by motion to shorten or dispense with the period of notice or other period of time in these Rules relating to the conduct of the action or the extracting of any decree.

Application by occupiers to become defenders

45A.4

A person not named as a defender in the summons who is in occupation of the heritable property may, within the period of notice, apply by minute to be sisted as a defender to the action.

Incidental applications

Application and interpretation of this Part

62.61

• (1) This Part applies to the recognition, registration or enforcement, as the case may be, of an award, decision, judgment or order under any of the following instruments:—

• (a) Article 34.1 (enforcement of arbitral award) of the procedural rules on conciliation and arbitration of contracts financed by the European Development Fund;

• (b) Article 20 of the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (enforcement of orders for the preservation or restitution of property).

• (c) Article 20 of the United Nations (International Tribunal) (Rwanda) Order 1996 (enforcement of orders for the preservation or restitution of property).

• (2) In this Part—

• “decision” includes award, judgment or order;

• “relevant instrument” means an instrument mentioned in paragraph (1).

Applications under this Part

62.62

• (1) An application for recognition, registration or enforcement, as the case may be, of a decision under a relevant instrument shall be made by petition.

• (2) There shall be produced with such a petition an affidavit—

• (a) exhibiting a copy of the decision certified under the relevant instrument; and

• (b) stating—

• (i) the full name, title, trade or business and the usual or the last known place of residence or, where appropriate, of business of the petitioner and of the party against whom the decision was made;

• (ii) that the petitioner is entitled to have the decision recognised, registered or enforced, as the case may be, under the relevant instrument;

• (iii) the extent to which the decision is unsatisfied; and

• (iv) whether the enforcement of the decision has been sisted (provisionally or otherwise) under the relevant instrument and whether any, and if so what, application has been made under the relevant instrument which, if granted, might result in a sist of enforcement of the decision.

Recognition, or warrant for registration or for enforcement under this Part

62.63

The court shall, on being satisfied that the petition complies with the requirements of the relevant instrument, pronounce an interlocutor recognising or granting warrant for the registration or enforcement of the decision, as the case may be.

Registration for enforcement under this Part

62.64

• (1) Where the court pronounces an interlocutor under rule 62.63 granting warrant for registration or enforcement, as the case may be, the Deputy Principal Clerk shall enter details of the interlocutor and the decision in a register of decisions under this Part.

• (2) On presentation by the petitioner to the Keeper of the Registers of—

• (a) a certified copy of the interlocutor under rule 62.63,

• (b) a certified copy of the decision and any translation of it, and

• (c) any certificate of currency conversion under rule 62.2(1)(b),

they shall be registered in the register of judgments of the Books of Council and Session.

• (3) An extract of a registered decision with warrant for execution shall not be issued by the Keeper of the Registers until a certificate of service under rule 62.65 is produced to him.

Service on party against whom award made

62.65

On registration under rule 62.64, the petitioner shall forthwith serve a notice of the registration on the party against whom the decision was made in Form 62.65.

Sist of enforcement under this Part

62.66

• (1) Where it appears to the court that—

• (a) the enforcement of the decision has been sisted (whether provisionally or otherwise) under the relevant instrument, or

• (b) any application has been made under the relevant instrument which, if granted, might result in a sist of the enforcement of the award,

the court shall, or in the case referred to in sub-paragraph (b) may, sist the petition for such period as it thinks fit.

• (2) Where the court has granted a warrant for registration under rule 62.63, the party against whom the decision was made may apply to the court for suspension or interdict of execution of the award.

• (3) An application under paragraph (2) shall—

• (a) be made on ground (a) or (b) of paragraph (1);

• (b) notwithstanding rule 60.2 (form of applications for suspension), be made by note in the process of the petition under rule 62.62; and

• (c) be accompanied by an affidavit stating the relevant facts.

Applications for ... compensation

Referral to family mediation in appeals from sheriff court

40.20

Where, in an appeal, the parties are agreed that on any particular issue the decision appealed against is not to be submitted to review, it shall not be necessary to reproduce the notes of evidence or documents relating to that issue.

Averments where section 11 order sought

Procedure in respect of children

Applications after decree relating to a section 11 order

Applications after decree relating to a contact order

Application of this Part