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19.1.(1)In any action other than a family action within the meaning of rule 33.1(1) [F1, a civil partnership action within the meaning of rule 33A.1(1)] or an action of multiplepoinding, a defender may counterclaim against a pursuer—
(a)where the counterclaim might have been made in a separate action in which it would not have been necessary to call as defender any person other than the pursuer; and
(b)in respect of any matter—
(i)forming part, or arising out of the grounds, of the action by the pursuer;
(ii)the decision of which is necessary for the determination of the question in controversy between the parties; or
(iii)which, if the pursuer had been a person not otherwise subject to the jurisdiction of the court, might have been the subject-matter of an action against that pursuer in which jurisdiction would have arisen by reconvention.
(2)A counterclaim shall be made in the defences—
(a)when the defences are lodged or during the period for adjustment;
(b)by amendment at any other stage, with the leave of the sheriff and subject to such conditions, if any, as to expenses or otherwise as the sheriff thinks fit.
(3)Defences which include a counterclaim shall commence with a crave setting out the counterclaim in such form as, if the counterclaim had been made in a separate action, would have been appropriate in the initial writ in that separate action and shall include—
(a)answers to the condescendence of the initial writ as required by rule 9.6(2) (form of defences);
(b)a statement of facts in numbered paragraphs setting out the facts on which the counterclaim is founded, incorporating by reference, if necessary, any matter contained in the defences; and
(c)appropriate pleas-in-law.
Textual Amendments
F1Words in Sch. 1 rule 19. 1 inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {para. 2(13)}
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