SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 31MINUTES OF SIST AND TRANSFERENCE

Minutes of sist31.1

1

Where a party dies or comes under legal incapacity while a cause is in dependence, any person claiming to represent that party or his estate may apply to the court by minute to be sisted as a party to the cause.

2

Intimation of such an application shall be made to each party.

Minutes of transference31.2

1

Where a party dies or comes under legal incapacity while a cause is depending before the court and the provisions of rule 31.1 (minutes of sist) are not invoked, any other party may apply to the court by minute to have the cause transferred in favour of or against, as the case may be, any person who represents that party or his estate.

2

Where a minute of transference has been lodged in process, the court shall pronounce an interlocutor–

a

granting warrant for service of a copy of the minute of transference, a copy of the pleadings (including any adjustments and amendments) and a copy of that interlocutor on such person; and

b

allowing such person to lodge a minute of objection to the minute of transference within such period as the court thinks fit.