Act of Sederunt (Rules of the Court of Session 1994) 1994 No. 1443 (S. 69)

SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Special provisions in relation to particular proceedings

CHAPTER 49 FAMILY ACTIONS

PART III DEFENDED FAMILY ACTIONS

Late appearance by defenders

49.34.—(1) In a family action, the court may, at any time while the action is depending, make an order with such conditions, if any, as it thinks fit, allowing a defender–

(a) to lodge defences to the action; and

(b) to appear and be heard at a diet of proof although he has not lodged defences, but he shall not, in that event, be allowed to lead evidence without the pursuer’s consent.

(2) Where the court makes an order under paragraph (1)(a), the pursuer may recall a witness already examined or lead other evidence whether or not he closed his proof before that order was made.