Sheriff Courts (Scotland) Act 1907

Defended actionsS

33.85.(1)Where a notice of intention to defend has been lodged and no request is made under rule 33.87 (remit of applications to Court of Session), the pursuer shall within 14 days after the date of the lodging of a notice of intention to defend or within such other period as the sheriff may order, lodge in process the following documents (or copies) from the process in the cause in the Court of Session in which the original order was made:—

(a)the pleadings;

(b)the interlocutor sheets;

(c)any opinion of the court; and

(d)any productions on which he seeks to found.

(2)The sheriff may, on the joint motion of parties made at any time after the lodging of the documents mentioned in paragraph (1)—

(a)dispense with proof;

(b)whether defences have been lodged or not, hear the parties; and

(c)thereafter, grant decree or otherwise dispose of the cause as he thinks fit.