Act of Sederunt (Summary Cause Rules) 2002

Remit between procedures

16.2.—(1) If the sheriff makes a direction that an action is to be treated as an ordinary cause, he must, at the time of making that direction–

(a) direct the pursuer to lodge an initial writ, and intimate it to every other party, within 14 days of the date of the direction;

(b) direct the defender to lodge defences within 28 days of the date of the direction; and

(c) fix a date and time for an Options Hearing and that date shall be the first suitable court day occurring not sooner than ten weeks, or such lesser period as he considers appropriate, after the last date for lodging the initial writ.

(2) If the sheriff directs that an ordinary cause or small claim is to be treated as an action under these rules–

(a) he must specify the next step of procedure to be followed in the action; and

(b) in the case of an ordinary cause, the initial writ shall be deemed to be a summary cause summons.