SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Special provisions in relation to particular causes

CHAPTER 33 FAMILY ACTIONS

PART IIUNDEFENDED FAMILY ACTIONS

33 Procedure for decree in actions under rule 33.28

1

In an action to which rule 33.28 (evidence in certain undefended family actions) applies, the pursuer shall at any time after the expiry of the period for lodging a notice of intention to defend—

a

lodge in process the affidavit evidence; and

b

endorse a minute in Form F27 on the initial writ.

2

The sheriff may, at any time after the pursuer has complied with paragraph (1), without requiring the appearance of parties—

a

grant decree in terms of the motion for decree; or

b

remit the cause for such further procedure, if any, including proof by parole evidence, as the sheriff thinks fit.