Warrants for diligence on third party noticeS
20.3.[F1(1)A defender who applies for an order for service of a third party notice may apply for—
(a)a warrant for arrestment to found jurisdiction;
(b)a warrant for interim diligence,
which would have been permitted had the warrant been sought in an initial writ in a separate action.]
(2)Averments in support of the application for [F2a warrant under paragraph (1)(a)] shall be included in the defences or the separate statement of facts referred to in rule 20.2(1).
(3)An application for a warrant under [F3paragraph (1)(a)] shall be made by motion—
(a)at the time of applying for the third party notice; or
(b)if not applied for at that time, at any stage of the cause thereafter.
(4)A certified copy of the interlocutor granting warrant for diligence applied for under paragraph (2) shall be sufficient authority for execution of the diligence.
Textual Amendments
F1Sch. 1 rule 20.3(1) substituted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 10(3)(a)
F2Words in Sch. 1 rule 20.3(2) substituted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 10(3)(b)
F3Words in Sch. 1 rule 20.3(3) substituted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 10(3)(c)