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

Applications for variation or recall of time to pay directions or arrestments

44.6.—(1) An application under section 3(1) of the Act of 1987 (variation or recall of time to pay direction or recall or restriction of arrestment) shall be made by motion.

(2) The applicant shall–

(a) in a motion under paragraph (1), state briefly the grounds on which the order is sought; and

(b) give written intimation of the motion to the debtor or creditor, as the case may be, not less than 14 days before the date on which the motion is enrolled.

(3) On enrolling a motion under paragraph (1), the applicant shall lodge in process–

(a) a copy of the letter of intimation;

(b) the Post Office receipt or certificate of posting of that letter; and

(c) any document he intends to rely on at the hearing of the motion.