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

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Commercial Roll

47.5.  (1)  A commercial action shall appear on the Commercial Roll for a hearing on a specified date within 14 days after defences have been lodged.

(2) The appearance of a commercial action on the Commercial Roll for a hearing on a specified date shall not affect the right of any party to apply by motion at any time under these Rules.

(3) Where a commercial action appears on the Commercial Roll, a motion which requires the attendance of counsel or other person having a right of audience, or a motion mentioned in paragraph (4)(b), shall be heard on the Commercial Roll.

(4) At any hearing on the Commercial Roll, the court may–

(a)make such further order as it considers necessary for the speedy determination of the question in dispute between the parties;

(b)without prejudice to the foregoing generality–

(i)allow a specified period of adjustment;

(ii)allow an amendment;

(iii)ordain a party to give further specification of his case in his pleadings;

(iv)allow a counterclaim to be lodged;

(v)grant warrant for service of a third party notice; or

(vi)remit to a man of skill.

(5) At any hearing on the Commercial Roll, where adjustment has not been allowed or the period of adjustment has expired, the court shall–

(a)where necessary, continue the action on the Commercial Roll;

(b)appoint the action to the Procedure Roll;

(c)allow a proof or a proof before answer, in respect of the whole or such part of the action as it thinks fit; or

(d)make such other order as it considers necessary for the further progress of the action.

(6) Where the court makes an order under paragraph (5)(b), it may ordain a party–

(a)to lodge in process a note of argument consisting of concise numbered paragraphs stating the grounds on which he proposes to submit that any preliminary plea should be sustained, and

(b)to send a copy of it to every other party concerned,

within such period as the court thinks fit.

(7) Where the court makes an order under paragraph (5)(b) or (c), it may ordain the pursuer to make up a record.

(8) Where the court orders a record to be made up under paragraph (7), rule 22.3(2) and (3) (lodging etc. of closed records) shall apply to the action.

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