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Sheriff Courts (Scotland) Act 1907

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CHAPTER 10S ADDITIONAL PROCEDURE

Additional period for adjustmentS

10.1.(1)Where, under rule 9.12(4) (order at Options Hearing to proceed under Chapter 10), the sheriff orders that a cause shall proceed in accordance with the procedure in this Chapter, he shall continue the cause for adjustment for a period of 8 weeks.

(2)Paragraphs (2) and (3) of rule 9.8 (exchange and record of adjustments) shall apply to a cause in which a period for adjustment under paragraph (1) of this rule has been allowed as they apply to the period for adjustment under that rule.

Effect of sist on adjustment periodS

10.2.Where a cause has been sisted, any period for adjustment before the sist shall be reckoned as part of the period for adjustment.

Variation of adjustment periodS

10.3.(1)At any time before the expiry of the period for adjustment the sheriff may close the record if parties, of consent or jointly, lodge a motion seeking such an order.

(2)The sheriff may, if satisfied that there is sufficient reason for doing so, extend the period for adjustment for such period as he thinks fit, if any party—

(a)lodges a motion seeking such an order; and

(b)lodges a copy of the record adjusted to the date of lodging of the motion.

(3)A motion lodged under paragraph (2) shall set out—

(a)the reasons for seeking an extension of the period for adjustment; and

(b)the period for adjustment sought.

Order for open recordS

10.4.The sheriff may, at any time before the closing of the record in a cause to which this Chapter applies, of his own motion or on the motion of a party, order any party to lodge a copy of the pleadings in the form of an open record containing any adjustments and amendments made as at the date of the order.

Closing recordS

10.5.(1)On the expiry of the period for adjustment, the record shall be closed and, without the attendance of parties, the sheriff clerk shall forthwith—

(a)prepare and sign an interlocutor recording the closing of the record and fixing the date of the Procedural Hearing under rule 10.6, which date shall be on the first suitable court day occurring not sooner than 21 days after the closing of the record; and

(b)intimate the date of the hearing to each party.

(2)The pursuer shall, within 14 days after the date of the interlocutor closing the record, lodge a certified copy of the closed record in process.

(3)The closed record shall contain only the pleadings of the parties.

Procedural HearingS

10.6.(1)At the Procedural Hearing, the sheriff shall seek to secure the expeditious progress of the cause by ascertaining from the parties the matters in dispute and information about any other matter referred to in paragraph (3).

(2)It shall be the duty of the parties to provide the sheriff with sufficient information to enable him to conduct the hearing as provided for in this rule.

(3)At the Procedural Hearing the sheriff shall—

(a)appoint the cause to a proof and make such orders as to the extent of proof, the lodging of a joint minute of admissions or agreement, or such other matter as he thinks fit;

(b)after having heard the parties and considered any note lodged under rule 22.1 (note of basis of preliminary plea), appoint the cause to a proof before answer and make such orders as to the extent of proof, the lodging of a joint minute of admissions or agreement, or such other matter as he thinks fit; or

(c)after having heard the parties and considered any note lodged under rule 22.1, appoint the cause to a debate if satisfied that there is a preliminary matter of law which [F1if established following debate would lead to decree in favour of any party, or to limitation of proof to any substantial degree].

[F2(d)consider any child witness notice or vulnerable witness application that has been lodged where no order has been made, or

(e)ascertain whether there is or is likely to be a vulnerable witness within the meaning of section 11(1) of the Act of 2004 who is to give evidence at any proof or hearing and whether any order under section 12(1) of the Act of 2004 requires to be made.]

(4)For the purposes of [F3 rules 16.2 (decrees where party in default), 33.37 (decree by default in family action) and 33A.37 (decree by default in civil partnership action)], a Procedural Hearing shall be a diet in accordance with [F4those rules].

[F5(5)Where the cause is appointed, under paragraph (3), to a proof or proof before answer, the sheriff shall consider whether a pre-proof hearing should be fixed under rule 28A.1]

Textual Amendments

F2Sch. 1 rule 10.6(3)(d)(e) inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), {art. 2(5)}

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