- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
12.1. This chapter applies to any action other than an action of multiplepoinding.
12.2.—(1) A pursuer may at any time after a defender has lodged a form of response apply by incidental application for summary decree against any defender on the ground that there is no defence to the action or any part of it.
(2) In applying for summary decree the pursuer may ask the sheriff to dispose of the whole or part of the subject matter of the action.
(3) The pursuer shall intimate an application under paragraph (1) by registered or recorded delivery post to every other party not less than seven days before the date fixed for the hearing of the application.
(4) On an application under paragraph (1), the sheriff may ordain any party, or a partner, director, officer or office-bearer of any party–
(a)to produce any relevant document or article; or
(b)to lodge an affidavit in support of any assertion of fact made in the action or at the hearing of the incidental application.
(5) Notwithstanding the refusal of an application for summary decree, a subsequent application may be made on a change of circumstances.
12.3. Rule 12.2 shall apply with the necessary modifications to an application by any other party for summary decree.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: