SCHEDULES

F1first scheduleS ORDINARY CAUSE RULES 1993

[F1Initiation andprogress of causes]S

CHAPTER 15S MOTIONS

F2 Lodging of motionsS

15.1.(1)A motion may be made—

(a)orally with leave of the court during any hearing of a cause; or

(b)by lodging a written motion in Form G6.

(2)Any document referred to in the motion and not already lodged in process shall, so far as practicable, be lodged with the written motion.

(3)On the lodging of a motion in accordance with paragraph (1)(b), the sheriff clerk shall fix a hearing of the motion and shall advise the party lodging the motion of the date, time and place of the hearing.

F3 Intimation of motionsS

15.2.(1)Subject to paragraph (7), the party lodging a motion in accordance with rule 15.1(1)(b) shall intimate the motion in Form G7, and a copy of any document referred to in the motion, to every other party.

(2)Unless a period of intimation of a motion is otherwise specified in these Rules, intimation under paragraph (1) shall be made not less than 7 days before the date fixed for the hearing of the motion.

(3)Subject to paragraph (4), intimation of a motion may be given by—

(a)any of the methods of service provided for in Chapter 5 (citation, service and intimation); or

(b)where intimation is to a party represented by a solicitor, by—

(i)personal delivery,

(ii)facsimile transmission,

(iii)first class ordinary post, or

(iv)delivery to a document exchange, to that solicitor.

(4)Subject to paragraph (5), where intimation is given—

(a)under paragraph (3)(b)(i) or (ii), it shall be deemed to have been given—

(i)on the day of transmission or delivery where it is given before 5.00 pm on any day; or

(ii)on the day after transmission or delivery where it is given after 5.00 pm on any day; or

(b)under paragraph 3(b)(iii) or (iv), it shall be deemed to have been given on the day after posting or delivery.

(5)Where intimation is given on a Saturday, Sunday or public or court holiday, it shall be deemed to have been given on the next day on which the sheriff clerk’s office is open for civil court business.

(6)Where intimation has been given, a certificate of intimation of the motion in Form G8 shall be returned to the sheriff clerk not later than 2 days, or such other period as the sheriff has determined, before the date fixed for the hearing of that motion.

(7)The sheriff may, on cause shown, dispense with or reduce the period of intimation specified in paragraph (2) or the period specified in paragraph (6).

F4 Opposition to motionsS

15.3.(1)Where a party seeks to oppose a motion lodged under rule 15.1(1)(b), he shall—

(a)complete a notice of opposition in Form G9;

(b)forthwith intimate a copy of that notice to every other party; and

(c)lodge the notice with the sheriff clerk not later than 2 days before the date fixed for the hearing of the motion.

(2)Paragraphs (3), (4) and (5) of rule 15.2 (methods and time of intimation of motions) shall apply to the intimation of opposition to a motion under paragraph (1)(b) of this rule as they apply to intimation under that rule.

(3)The sheriff may, on cause shown, dispense with or reduce the period for lodging the notice mentioned in paragraph (1)(c).

F5 Hearing of motionsS

15.4.(1)Subject to paragraph (2), where no notice ⅔ of opposition is lodged, the motion shall be determined by the sheriff in chambers without the attendance of parties, unless the sheriff otherwise directs.

(2)In accordance with any directions given by the sheriff principal, the sheriff clerk may determine any motion other than a motion which seeks a final interlocutor.

(3)Where the sheriff clerk considers that a motion dealt with by him under paragraph (2) should not be granted, he shall refer that motion to the sheriff who shall deal with it in accordance with paragraph (1).

(4)Where the sheriff requires to hear a party on a motion, the sheriff clerk shall inform that party that the motion will be heard on the date fixed under rule 15.1(3).

(5)Where a notice of opposition is intimated and lodged, the motion shall be heard by the sheriff on the date fixed under rule 15.1(3).