SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 32TRANSMISSION AND REMIT OF CAUSES

Transmissions on contingencyI132.2

1

An application under section 33 of the Act of 198832 (transmission from sheriff on ground of contingency) shall be made–

a

by motion at the instance of a party to the cause depending before the court; or

b

by minute at the instance of any other person having an interest (including a party to the cause depending before the sheriff).

2

A copy of the pleadings and the interlocutors in the cause depending before the sheriff, certified by the sheriff clerk, shall be lodged with any motion enrolled or any minute lodged under paragraph (1).

3

A decision made on an application under paragraph (1) may not be reclaimed; but where an application has been refused, a subsequent application may be made where there has been a change of circumstances.