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Act of Sederunt (Amendment of Sheriff Court Ordinary Cause, and Summary Cause, Rules) 1988

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28.  For paragraph (2) of rule 53 (first calling), substitute the following paragraphs:—

“(2) A first calling of a cause shall be held only where a notice of intention to appear has been lodged or an application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) has been lodged and the pursuer has not minuted in terms of rule 54.

(3) The procedure at the first calling under paragraph (2) and any subsequent procedure shall be in accordance with Part I of these rules.

(4) At the first calling or at any continuation thereof the court shall consider any application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) whether or not the defender is present or represented.

(5) In any defended cause in which it is competent to do so, the sheriff may, on a written or oral application by the defender at any time before decree is granted, grant a time to pay direction and, where appropriate, an order recalling or restricting an arrestment.”.

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