SCHEDULES

F1first scheduleS ORDINARY CAUSE RULES 1993

[F1Special provisions in relation to particular causes]S

CHAPTER 33S FAMILY ACTIONS

PART IIISDEFENDED FAMILY ACTIONS

Notice of intention to defend and defencesS

33.34.(1)This rule applies where the defender in a family action seeks—

(a)to oppose any crave in the initial writ;

(b)to make a claim for—

(i)aliment;

(ii)an order for financial provision within the meaning of section 8(3) of the Act of 1985; or

(iii)[F2a section 11 order]; or

(c)an order—

(i)under section 16(1)(b) or (3) of the M1Act of 1985(setting aside or varying agreement as to financial provision);

(ii)under section 18 of the Act of 1985 (which relates to avoidance transactions); or

(iii)under the Act of 1981; or

(d)to challenge the jurisdiction of the court.

(2)In an action to which this rule applies, the defender shall—

(a)lodge a notice of intention to defend in Form F26 before the expiry of the period of notice; and

(b)make any claim or seek any order referred to in paragraph (1), as the case may be, in those defences by setting out in his defences—

(i)craves;

(ii)averments in the answers to the condescendence in support of those craves; and

(iii)appropriate pleas-in-law.

[F3(3)Where a defender intends to make an application for a section 11 order which, had it been made in an initial writ, would have required a warrant for intimation under rule 33.7, the defender shall include a crave in his notice of intention to defend for a warrant for intimation or to dispense with such intimation; and rule 33.7 shall, with the necessary modifications, apply to a crave for a warrant under this paragraph as it applies to a crave for a warrant under that rule.]

Abandonment by pursuerS

33.35.Notwithstanding abandonment by a pursuer, the court may allow a defender to pursue an order or claim sought in his defences; and the proceedings in relation to that order or claim shall continue in dependence as if a separate cause.

Attendance of parties at Options HearingS

33.36.All parties shall, except on cause shown, attend personally the hearing under rule 9.12 (Options Hearing).

Decree by defaultS

33.37.(1)In a family action in which the defender has lodged a notice of intention to defend, where a party fails—

(a)to lodge, or intimate the lodging of, any production or part of process,

(b)to implement an order of the sheriff within a specified period, F4. . .

(c)to appear [F5or] be represented at any diet, [F6, or

(d)otherwise to comply with any requirement imposed upon that party by these Rules]

that party shall be in default.

(2)Where a party is in default under paragraph (1), the sheriff may—

(a)where the family action is one mentioned in rule 33.1(1)(a) to (h) [F7, (n) or (o)], allow that action to proceed as undefended under Part II of this Chapter; or

(b)where the family action is one mentioned in rule 33.1(1)(i) to (m), grant decree as craved; or

(c)grant decree of absolvitor; or

(d)dismiss the family action or any claim made or order sought; [F8or]

[F9(da)make such other order as he thinks fit to secure the expeditious progress of the cause; and]

(e)award expenses.

(3)Where no party appears at a diet in a family action, the sheriff may dismiss that action.

(4)In a family action, the sheriff may, on cause shown, prorogate the time for lodging any production or part of process, or for intimating or implementing any order.