SCHEDULE 2STHE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedingsS

CHAPTER 26STHIRD PARTY PROCEDURE

Averments where order for service of third party notice soughtS

26.2.—(1) Where a defender intends to apply by motion for an order for service of a third party notice before the closing of the record, he shall, before enrolling the motion, set out in his defences, by adjustment to those defences, or in a separate statement of facts annexed to those defences–

(a)averments setting out the grounds on which he maintains that the proposed third party is liable to him by contribution, relief or indemnity or should be made a party to the action; and

(b)appropriate pleas-in-law.

(2) Where a defender applies by motion for an order for service of a third party notice after the closing of the record, he shall, on enrolling the motion, lodge a minute of amendment containing–

(a)averments setting out the grounds on which he maintains that the proposed third party is liable to him by contribution, relief or indemnity or should be made a party to the action, and

(b)appropriate pleas-in-law,

unless those grounds and pleas-in-law have been set out in the defences in the closed record.