Act of Sederunt (Rules of the Court of Session 1994) 1994

Period of notice in summonses

13.4.—(1) Subject to any other provision in these Rules, the period of notice in a summons shall be–

(a) in the case of service within Europe, 21 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrant for intimation;

(b) in the case of service furth of Europe under rule 16.2(2) (d) or (e) (service by an huissier etc. or personally), 21 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrant for intimation;

(c) in the case of service furth of Europe other than under sub-paragraph (b), 42 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrrant for intimation; and

(d) in the case of service by advertisement under rule 16.5 (service where address of person is not known), other than in an action to which rule 49.12 (notice of family actions by advertisement) applies, 6 months from the date of publication of the advertisement.

(2) An application may be made by motion to shorten or extend the period of notice in a summons.

(3) Where a motion under paragraph (2) is made after signeting of the summons but before service–

(a) the summons shall be produced to the court; and

(b) the decision of the Lord Ordinary on the motion shall be final and not subject to review.