Act of Sederunt (Summary Cause Rules) 2002

Application for third party notice

11.1.—(1) Where in an action a defender claims that–

(a) he has in respect of the subject matter of the action a right of contribution, relief or indemnity against any person who is not a party to the action; or

(b) a person whom the pursuer is not bound to call as a defender should be made a party to the action along with the defender in respect that such person is–

(i) solely liable, or jointly or jointly and severally liable with the defender to the pursuer in respect of the subject matter of the action; or

(ii) liable to the defender in respect of the claim arising from or in connection with the liability, if any, of the defender to the pursuer,

he may apply by incidental application for an order for service of a third party notice upon that other person.

(2) An application for service of a third party notice shall be made at the time when the defender lodges a form of response, unless the sheriff on cause shown shall permit a later application.

(3) Where–

(a) a pursuer against whom a counterclaim is made; or

(b) a third party convened in the action,

seeks, in relation to the claim against him, to make against a person who is not a party, a claim mentioned in paragraph (1) as a claim which could be made by a defender against a third party, he shall apply by incidental application for an order for service of a third party notice; and rules 11.2 and 11.3 shall, with the necessary modifications, apply to such a claim as they apply in relation to a counterclaim by a defender.