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Act of Sederunt (Simple Procedure) 2016

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PART 8: Orders

8.1What is this Part about?
(1)This Part is about the orders which the sheriff can give to manage or decide a case.
8.2What are orders?
(1)Orders are the way that the sheriff uses the powers of the sheriff to manage or decide a case.
(2)Orders may be given to the parties in writing, using the Order of the Sheriff Form.
(3)Orders may be given to the parties in person at a hearing, case management discussion or discussion in court.
(4)Written orders must be signed or authenticated electronically by either the sheriff or the sheriff clerk.
8.3What are standard orders?
(1)There are standard orders which the sheriff may give in typical situations.
(2)The sheriff may do one of three things:
(a)give parties a standard order,
(b)give parties an amended version of a standard order, or
(c)give parties an order customised to their case.
8.4What are unless orders?
(1)The sheriff may give a party an order which states that unless that party does something or takes a step, then the sheriff will make a decision in the case, including:
(a)dismissing the claim,
(b)awarding the claimant some or all of what was asked for in the Claim Form.
(2)If that party does not do the thing or take the step that the party was ordered to, then the decision in the case must be made.
8.5What if a party does not follow an order?
(1)Where a party does not follow an order the sheriff may make a decision in the case, including:
(a)dismissing the claim or part of the claim,
(b)awarding the claimant some or all of what was asked for in the Claim Form.

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