SCHEDULES

F7first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F7

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 33ACIVIL PARTNERSHIP ACTIONS

PART IIIDEFENDED CIVIL PARTNERSHIP ACTIONS

33ANotice of intention to defend and defences

1

This rule applies where the defender in a civil partnership 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

a section 11 order; or

c

an order–

i

under section 16(1)(b) or (3) of the Act of 1985 F1 (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 Chapter 3 or Chapter 4 of Part 3 or section 127 of the Act of 2004; 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 CP16 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.

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 33A.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 33A.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.

33AAbandonment by pursuer

Notwithstanding abandonment by a pursuer of a civil partnership action, 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.

33AAttendance of parties at Options Hearing

All parties to a civil partnership action shall, except on cause shown, attend personally the hearing under rule 9.12 (Options Hearing).

33ADecree by default

1

In a civil partnership 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; F2. . .

c

to appear or be represented at any diet, F3or

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 civil partnership action is one mentioned in rule 33A.1(1) (a) F4(b) or (f), allow that action to proceed as undefended under Part II of this Chapter; or

b

where the civil partnership action is one mentioned in rule 33A.1(1)(c) to (e), grant decree as craved; or

c

grant decree of absolvitor; or

d

dismiss the civil partnership action or any claim made or order sought; F5or

F6da

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 civil partnership action, the sheriff may dismiss that action.

4

In a civil partnership 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.