3.1. –
(1) The Office of Court shall comprise–
(a)the General Department;
(b)the Petition Department;
(c)the Rolls Department;
(d)the Extracts Department; and
(e)the Teind Office;
but shall not include the office of the Accountant of Court or the Auditor.
(2) Each department of the Office of Court shall be under the charge of an officer who shall act under the dir ection of the Principal Clerk in consultation with the Lord President.
3.2. –
(1) The General Department shall be under the charge of the Deputy Principal Clerk.
(2) There shall be lodged in the General Department all processes in–
(a)causes originating in the court and initiated by summons or simplified divorce application;
(b)appeals from inferior courts, remits from the sheriff court, appeals, including references, submissions and applications of the nature of appeals under statute, stated cases and special cases;
(c)causes transmitted from the sheriff court on contingency; and
(d)appeals to the Lands Valuation Appeal Court.
(3) All processes lodged in the General Department shall be classified as–
(a)ordinary actions;
(b)Admiralty and commercial actions;
(c)family (including consistorial) actions; or
(d)lands valuation causes.
3.3. –
(1) The Petition Department shall be under the charge of the Deputy Principal Clerk.
(2) There shall be lodged in the Petition Department all processes in causes which are initiated by petition.
3.4. –
(1) The Rolls Department shall be under the charge of the Keeper of the Rolls, who shall be assisted by a clerk of session known as the Assistant Keeper of the Rolls.
(2) The Keeper of the Rolls shall be responsible for keeping the rolls of the court in consultation with the Lord President, the Lord Justice-Clerk and the Principal Clerk.
3.5. –
(1) The Extracts Department shall be under the charge of the Principal Extractor who shall be assisted by a clerk of session known as the Extractor.
(2) The Principal Extractor shall be responsible for extracting the acts and decrees of the court except those in teind causes.
(3) Subject to rule 3.6(3) (duties of the clerk of teinds), the Extractor shall be the Keeper of–
(a)the Register of Acts and Decrees;
(b)the Register of Edictal Citations and Executions of Diligence; and
(c)the Register of Decrees in Consistorial Causes.
(4) As Keeper of the Register of Edictal Citations and Executions of Diligence, the Extractor shall–
(a)record on the copy of the schedule of diligence received by him the date of its receipt at his office;
(b)record the details of that schedule and its receipt in the register;
(c)preserve that schedule and any citation for a period of three years from the date of receipt of the schedule or citation, as the case may be; and
(d)make the register and schedules of diligence and citations executed on him available for inspection at his office during its normal business hours.
3.6. –
(1) The Teind Office shall be under the charge of a clerk of session known as the clerk of teinds.
(2) There shall be lodged in the Teind Office all processes which are dealt with by the Teind Court or the Lord Ordinary in teind causes.
(3) The clerk of teinds shall–
(a)keep and index the records and processes in the Teind Office; and
(b)be the Keeper of the Teind Rolls and the Keeper of the Minute Book of the Teind Court.
3.7. The Auditor shall be responsible for the taxation of accounts of expenses in any cause.
4.1. –
(1) In an action or petition, the principal summons or petition, as the case may be, shall be on a printed form approved by the court, completed in writing, typescript or print and backed with a printed backing approved by the court.
(2) A writ, other than a principal summons or petition, bringing a cause before the court shall be in writing, typescript or print, on paper of a texture and size approved by the court and backed with cartridge paper or paper of similar durability.
(3) A step of process lodged in a cause shall be in writing, typescript or print, on paper of a texture and size approved by the court and, except in the case of a motion, backed with cartridge paper or paper of similar durability.
(4) A step of process other than a motion shall be securely fastened, folded and backed lengthwise and shall bear, on the first page and on the backing, a delimited square for the cause reference number assigned to the principal writ on being lodged.
4.2. –
(1) Subject to paragraph (5), each page of a summons and the condescendence and pleas-in-law annexed to it shall be signed by an agent.
(2) Subject to paragraph (5), a letter passing the signet shall be signed by an agent.
(3) Subject to paragraphs (5) and (9), a petition, note, application or minute shall be signed by counsel or other person having a right of audience, except that–
(a)a petition for the sequestration of the estates of the petitioner, or for recall of his sequestration, may be signed by the petitioner or an agent;
(b)a petition for suspension, suspension and interdict or suspension and liberation may be signed by an agent;
(c)a simplified divorce application under rule 49.73 shall be signed by the applicant;
(d)an application for registration under Chapter 62 (recognition, registration and enforcement of foreign judgments etc.) may be signed by the petitioner or an agent; and
(e)a minute for variation of custody may be signed by a party litigant.
(4) Subject to paragraph (9), defences, answers and other writs (other than appeals) not referred to in paragraphs (1), (2) and (3), shall be signed by counsel or other person having a right of audience, or, in the case of a party litigant, the party litigant.
(5) Where a party litigant is unable to obtain the signature of counsel or other person having a right of audience or an agent on a document as required by paragraph (1), (2) or (3), he may request the Deputy Principal Clerk to place the document before the Lord Ordinary for leave to proceed without such signature; and the decision of the Lord Ordinary shall be final and not subject to review.
(6) Where the Lord Ordinary grants leave to proceed under paragraph (5), the interlocutor granting leave shall be written and signed on the face of the document and the party litigant shall sign the document.
(7) Where an agent signs a document under this rule, he shall append to his signature his business address–
(a)in the case of a summons, at the end of the first page and on the last page after the pleas-in-law; and
(b)in the case of any other document, at the end of the last page.
(8) Where counsel or other person having a right of audience has signed a writ, he shall be regarded as the drawer of it and answerable for what it contains.
(9) The following documents shall not require any signature:–
(a)a minute of amendment;
(b)answers to a minute of amendment;
(c)a minute of sist;
(d)a minute of transference;
(e)a minute of objection to a minute of transference;
(f)a note of objection.
4.3. A process shall be lodged in every cause commenced by summons or petition when–
(a)in the case of a summons, the summons is presented for signeting; and
(b)in the case of a petition, the petition is presented to the Petition Department.
4.4. –
(1) A process shall include the following steps of process:–
(a)an inventory of process;
(b)the principal writ;
(c)an interlocutor sheet;
(d)a motion sheet; and
(e)a minute of proceedings.
(2) A step of process referred to in paragraph (1), other than the principal writ, shall contain at least two pages.
(3) A step of process shall be assigned a number of process which shall be marked on the backing with the cause reference number of the principal writ and recorded in the inventory of process.
4.5. –
(1) On each occasion a production is lodged in process–
(a)an inventory of productions shall be lodged in process; and
(b)a copy of the inventory of productions shall be sent to every other party.
(2) A production shall be–
(a)marked with a number of process with the cause reference number assigned to the principal writ; and
(b)if consisting of more than one sheet, securely fastened together.
4.6. –
(1) A party lodging a step of process shall–
(a)give written intimation of the lodgment of it to every other party; and
(b)subject to any other provision in these Rules, send a copy of the step of process lodged to every such party.
(2) A clerk of session shall not mark a step of process as received until a certificate of intimation has been endorsed on it.
4.7. –
(1) A party, on lodging in a cause in the Inner House–
(a)a petition or note,
(b)an appeal, application for leave to appeal, stated case, special case, case, reference or submission,
(c)answers,
(d)a reclaiming print required under rule 38.6(2) or 38.7(3) (reclaiming prints for reclaiming motions),
(e)a print of the whole pleadings and other documents required under rule 39.1(4) (print of pleadings etc. for motion for new jury trial),
(f)an appeal print required under rule 40.7(2)(a)(ii) (appeal print in appeal from inferior court), or
(g)an appendix required under rule 38.19 (lodging of appendices in reclaiming motions), 39.5 (lodging of appendix in application for new trial) or 40.17 (lodging of appendices in appeals from inferior court),
shall lodge in process six copies of the document; and, unless otherwise agreed, send six copies of it to every other party.
(2) Where a party intends to refer to a document, other than one mentioned in paragraph (1) at a hearing before a Division of the Inner House, he shall lodge four copies of it in process by 12 noon on the second sederunt day before the hearing.
4.8. –
(1) A clerk of session shall refuse to accept a copy of a document for the use of the court which does not conform to a standard approved by the court in size, spacing, lettering, legibility, quality of paper or otherwise.
(2) A party tendering a document which is refused by a clerk of session shall have the right to apeal in writing to the Deputy Principal Clerk.
(3) Where the Deputy Principal Clerk refuses an appeal under paragraph (2), he may extend the time for lodging the document.
(4) A decision of the Deputy Principal Clerk under this rule shall be final and not subject to review.
4.9. –
(1) Where the court pronounces an interlocutor ordering or allowing a document to be lodged in process, it shall specify a time within which the document shall be lodged.
(2) The time for lodging a document referred to in paragraph (1) may be prorogated by the court on an application by motion enrolled before the time for lodging has expired.
(3) A document lodged in process, in terms of an interlocutor ordering or allowing it to be lodged, shall have marked on it–
(a)the date of the interlocutor ordering or allowing it to be lodged;
(b)the date of any interlocutor prorogating the time originally allowed; and
(c)the time allowed for lodging it.
4.10. –
(1) Subject to paragraph (2), a clerk of session shall mark the date of receipt on every document lodged in process other than a production.
(2) A clerk of session shall not accept, or mark as received, a document after the day on which it is due to be lodged.
4.11. –
(1) Subject to paragraph (2), a writ shall remain in the Office of Court and shall not be borrowed from process, but may be inspected by any person having an interest.
(2) Paragraph (1) shall not apply to–
(a)a party borrowing his principal writ in order to do diligence for which a warrant mentioned in rule 13.6(c) has been obtained;
(b)a party borrowing his principal writ for the purposes of service or intimation; or
(c)a party borrowing his writ for the purpose of writing on it and authenticating an amendment which has been made.
(3) The following steps of process shall not be borrowed from process:–
(a)the inventory of process;
(b)the interlocutor sheet;
(c)the motion sheet;
(d)the minute of proceedings;
(e)any inventory of productions;
(f)the principal copy of a report ordered by the court and lodged in process;
(g)the principal or any copy of a bond of caution or a consignation receipt lodged in process; and
(h)the principal copy of any other document by which an order of the court to find caution or give security is satisfied and lodged in process until the order is recalled.
4.12. –
(1) A party borrowing a document which may be borrowed shall give a receipt for it, dated and signed, on the inventory of process.
(2) Subject to paragraph (3), before a clerk of session accepts a document for return to process, he shall–
(a)compare it with the inventory of process and receipt in the presence of the person returning it, delete the receipt and initial and date the deletion; or
(b)in the case of a partial return, mark on the inventory of process the document so returned and initial and date the entry.
(3) Where the document being returned is bulky so that it cannot be examined conveniently at the time–
(a)a clerk of session shall not accept the document without a separate slip accompanying it, dated and signed by the party returning it, specifying the number of process so returned; and
(b)the clerk of session receiving it shall examine it before the close of the following business day and give written intimation to the party returning it of any inaccuracy in the slip accompanying it.
(4) Where written intimation is not given under paragraph (3)(b), the accuracy of the slip shall be presumed and the party returning the document shall be exonered as if the receipt had been deleted under paragraph (2)(a) or marked under paragraph (2)(b), as the case may be.
(5) A party returning more than one document shall ensure that the documents returned are arranged in consecutive order according to the inventory of process; and a clerk of session may refuse to accept documents which are not so arranged.
(6) The court may, on the motion of a party, ordain any other party who has borrowed a document to return that document within such period as the court think`s fit.
4.13. No step of process may be borrowed after a final extract has been issued.
4.14. –
(1) Where–
(a)a principal writ,
(b)other pleadings, or
(c)an interlocutor sheet,
is lost or destroyed, a copy of it may be substituted which is proved in the cause to the satisfaction of the court and authenticated in such manner as the court thinks fit.
(2) A copy of a document substituted under paragraph (1) shall be equivalent to the original for the purposes of the cause and the process of which it forms a part, including the use of diligence.
4.15. –
(1) This rule applies to interlocutors pronounced in the Outer House.
(2) Subject to paragraph (3), an interlocutor pronounced by the Lord Ordinary may be written by the clerk of court and shall be signed by the Lord Ordinary.
(3) Subject to any direction he may be given by the Lord Ordinary, a depute clerk of session may sign an interlocutor, other than a final interlocutor, in respect of a motion which is not starred; and that interlocutor shall be treated for all purposes as if it had been signed by the Lord Ordinary.
(4) An interlocutor may be signed during session or in vacation.
(5) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.
(6) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–
(a)the Lord Ordinary who signed it or on whose behalf it was signed; or
(b)in the event of the death, disability or absence of the Lord Ordinary, any other judge of the court.
4.16. –
(1) This rule applies to interlocutors pronounced in the Inner House.
(2) Subject to paragraph (3), an interlocutor of the Inner House may be written by the clerk of court and shall be adjusted and signed by–
(a)the judge who presided in the Division of the Inner House when the matter to be dealt with in the interlocutor was determined, or
(b)in the event of the death, disability or absence of that judge, the next senior judge who sat in that Division when the matter to be dealt with in the interlocutor was determined,
as soon as reasonably practicable and after such consultation as may be necessary with the other members of the Division who sat.
(3) An interlocutor of the Inner House in respect of a motion which is not starred shall be adjusted and signed by the judge presiding at the time when the motion was brought before the Division of the Inner House.
(4) An interlocutor may be signed during session or in vacation.
(5) The judge signing an interlocutor of the Inner House shall append the letters “I.P.D.” to his signature as conclusive evidence that the requirements of the preceding paragraphs of this rule have been complied with.
(6) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.
(7) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–
(a)the judge who signed it; or
(b)in the event of the death, disability or absence of that judge, the next senior judge of the same Division of the Inner House.
5.1. A person may only lodge a caveat against–
(a)an interim interdict sought in an action before he has lodged defences;
(b)an interim order sought in an action before the expiry of the period within which he could enter appearance;
(c)an interim order (other than an order under section 1 of the Administration of Justice (Scotland) Act 1972(1) (orders for inspection of documents and other property, etc.) sought in a petition before he has lodged answers;
(d)an order for intimation, service and advertisement of a petition to wind up, or to appoint an administrator to, a company in which he has an interest; and
(e)an order for intimation, service and advertisement of a petition for his sequestration.
5.2. –
(1) A caveat shall be in Form 5.2 and shall be lodged in the Petition Department.
(2) A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of a year and yearly thereafter.
6.1. The rolls shall be printed and published, and delivered to subscribers, under directions made from time to time by the Lord President.
6.2. –
(1) This rule applies to the fixing and allocation of diets in the Outer House.
(2) The court shall not proceed to fix a diet where–
(a)a proof is allowed;
(b)issues are approved; or
(c)a cause is appointed to the Procedure Roll.
(3) Subject to paragraph (4), a cause appointed to the Procedure Roll may be put out for hearing by the Keeper of the Rolls in the course of any week where, unless the parties otherwise agree, the diet has been published in the rolls on Thursday of the preceding week.
(4) Where a hearing on the Procedure Roll is anticipated to be of some length or complexity, the parties may arrange a fixed diet with the Keeper of the Rolls.
(5) As soon as convenient after the allowance of a proof or the approval of issues, the Keeper of the Rolls shall publish in the rolls a list of causes in which diets for proof or jury trial are to be fixed or allocated.
(6) Within 28 days after the appearance of a cause on a list published under paragraph (5), each party shall ensure that Form 6.2 is completed and sent to the Keeper of the Rolls.
(7) The Keeper of the Rolls may allocate a diet of proof or jury trial having regard to the information provided in Form 6.2.
(8) If a party fails to comply with paragraph (6), the Keeper of the Rolls may put the cause out on the By Order Roll before the Lord Ordinary.
(9) At a hearing on the By Order Roll under paragraph (8), the Lord Ordinary shall–
(a)seek an explanation as to why Form 6.2 was not completed and sent timeously to the Keeper of the Rolls;
(b)ascertain the information sought in Form 6.2, if not already ascertained by the Keeper of the Rolls;
(c)require the production of a completed Form 6.2, if not already in the hands of the Keeper of the Rolls; and
(d)make such order as to expenses, if any, as he thinks fit.
(10) Where Form 6.2 is completed and sent to the Keeper of the Rolls before the hearing on the By Order Roll under paragraph (8), the Keeper of the Rolls may cancel that hearing.
(11) Where, at any time after Form 6.2 has been completed and sent to the Keeper of the Rolls, a party’s estimate of the likely length of the proof or jury trial alters materially, that party shall inform the Keeper of the Rolls of the new estimated length.
(12) On the allocation of a diet of proof or jury trial, the Keeper of the Rolls shall–
(a)give written intimation of that diet to each party; and
(b)cause the date of th e diet to be inserted in the interlocutor which allowed the proof or jury trial.
(13) An application for the allocation of a special diet may be made to the Keeper of the Rolls–
(a)on cause shown;
(b)of consent of all parties; and
(c)before a diet has been allocated under a preceding paragraph of this rule.
(14) Where an application under paragraph (13) is refused, the parties may bring the application before the Lord President; and the Lord President, or a judge nominated by him, shall determine the application in chambers.
(15) Parties shall attend on the Keeper of the Rolls for the purpose of fixing a diet for–
(a)a proof or jury trial in a cause of exceptional length or complexity;
(b)an undefended proof;
(c)a continued proof;
(d)a continued hearing; or
(e)a hearing on evidence.
6.3. –
(1) This rule applies to the fixing and allocation of diets in the Inner House.
(2) Within 28 days after a cause depending before the Inner House is appointed to the Summer Roll for hearing, each party shall ensure that Form 6.3 is completed and sent to the Keeper of the Rolls.
(3) The Keeper of the Rolls may fix or allocate a diet for a hearing on the Summar Roll, having regard to the information provided in Form 6.3.
(4) If a party fails to comply with paragraph (2), the Keeper of the Rolls may put the cause out on the By Order Roll before a Division of the Inner House.
(5) At a hearing on the By Order Roll under paragraph (4), the court shall–
(a)seek an explanation as to why Form 6.3 was not completed and sent timeously to the Keeper of the Rolls;
(b)ascertain the information sought in Form 6.3, if not already ascertained by the Keeper of the Rolls;
(c)require the production of a completed Form 6.3, if not already in the hands of the Keeper of the Rolls; and
(d)make such order as to expenses, if any, as it thinks fit.
(6) Where Form 6.3 is completed and sent to the Keeper of the Rolls before the hearing on the By Order Roll under paragraph (4), the Keeper of the Rolls may cancel that hearing.
(7) Where, at any time after Form 6.3 has been completed and sent to the Keeper of the Rolls, a party’s estimate of the likely length of the hearing alters materially, that party shall inform the Keeper of the Rolls of the new estimated length.
(8) On the allocation of a diet under this rule, the Keeper of the Rolls shall give written intimation of the diet allocated to each party.
(9) Not less than 5 weeks before the hearing of a cause on the Summar Roll, the Keeper of the Rolls shall put the cause out on the By Order Roll before a Division of the Inner House.
(10) At a hearing on the By Order Roll under paragraph (9), parties shall–
(a)advise the court whether or not the hearing on the Summar Roll is to proceed; and
(b)where such a hearing is to proceed, provide the court with a re-assessment of the likely duration of the hearing.
6.4. –
(1) The Keeper of the Rolls shall prepare and publish in the rolls from time to time lists of all causes in which diets have been fixed or allocated–
(a)in the Summar Roll, or
(b)for proof, jury trial or other hearing,
and put out such causes before such Division of the Inner House or Lord Ordinary, as the case may be, as may be convenient.
(2) Without prejudice to rule 6.2(3) (causes appointed to procedure roll put out for hearing), a cause published in the rolls for hearing on any roll or at any diet shall be published not later than the second day before the day on which the cause is to be heard.
7.1. –
(1) Subject to the provisions of this Chapter mentioned in paragraph (2), an application may be made for an extract of an act or a decree after the expiry of 7 days after the date of the act or decree, as the case may be.
(2) The provisions referred to in paragraph (1) are:–
paragraph (4) of this rule,
rule 7.2 (extracts of decrees in certain family actions),
rule 7.3 (amendments to principal writ),
rule 7.4 (return of steps of process and borrowing productions).
(3) An application under paragraph (1) shall be made by note to the Extractor in Form 7.1 lodged in the appropriate department of the Office of Court.
(4) The court may authorise immediate extract or supersede extract for such period as it thinks fit.
7.2. –
(1) Subject to paragraph (2), a decree–
(a)of divorce,
(b)of declarator of nullity of marriage, or
(c)in an action to which rule 49.28 (evidence in certain undefended family actions) applies,
shall be extracted automatically after the expiry of 21 days after the date of decree unless a reclaiming motion has been enrolled.
(2) A decree of divorce in a simplified divorce application shall be extracted immediately.
(3) An extract under paragraph (1) or (2) shall be issued by the Extractor to the pursuer and a copy of it sent by the Extractor by first class post to the defender where his address is known.
(4) Additional extracts under this rule may be obtained from the Extracts Department.
7.3. An amendment which has been allowed to the instance or a conclusion of a summons, or to a petition, shall be written on the principal writ before the process is transmitted to the Extracts Department for an extract.
7.4. Before an application is made under rule 7.1 for a final extract–
(a)any step of process which has been borrowed shall be returned; and
(b)each party shall borrow the productions lodged by him.
7.5. –
(1) Where an application is made under rule 7.1 for an extract of a decree for payment in a foreign currency, the applicant shall lodge with the note to the Extractor a certified statement of the rate of exchange prevailing at–
(a)the date of the decree sought to be extracted,
(b)the date on which the note to the Extractor is lodged, or
(c)a date within three days before the date on which the note to the Extractor is lodged,
and the sterling equivalent of the principal sum, interest and expenses decerned for.
(2) The certified statement required under paragraph (1) shall be by an official in the Bank of England or an institution authorised under the Banking Act 1987(2).
7.6. Where an application is made under rule 7.1 for an extract of a decree of adjudication for debt, the applicant shall lodge with the note to the Extractor a statement of the accumulated sum in Form 7.6.
7.7. Where interest is included in, or payable under, a decree, it shall be at the rate of 8 per cent a year unless otherwise stated.
7.8. –
(1) Where the court pronounces an interlocutor awarding a sum of expenses, the interlocutor shall be deemed to include, in addition to such sum, the fees for any extract required to enforce the award.
(2) In an extract of an interlocutor containing an award of expenses, the Extractor shall include the amount of the fee for the extract.
7.9. –
(1) Subjects to paragraphs (2) and (3), the extract of an act or a decree shall be in such form as the Extractor thinks fit.
(2) An extract shall be–
(a)partly or wholly written,
(b)typewritten,
(c)printed,
(d)lithographed, or
(e)photographed,
and subscribed on the last page by the Extractor and have each page impressed with the stamp of the Extractor.
(3) An alteration in an extract shall be authenticated by the initials of the Extractor.
(4) In this rule, a reference to the Extractor includes the Principal Extractor.
7.10. An extract of a decree on which execution may proceed shall include a warrant for all lawful execution in the following terms:– “and the Lords grant warrant for all lawful execution on this decree”.
7.11. –
(1) An application may be made to the appropriate department of the Office of Court for an official certified copy of an interlocutor in respect of–
(a)the appointment of a judicial factor;
(b)the approval of a scheme of arrangement in a petition for variation of a trust under section 1(1) of the Trusts (Scotland) Act 1961(3);
(c)the approval of a cy pres scheme or a scheme for the variation or reorganisation of a public trust; or
(d)a decree for interim aliment.
(2) The Principal Clerk, the Deputy Principal Clerk, or a clerk of session authorised by either of them, may append to an official certified copy of an interlocutor granting decree for interim aliment a warrant for all lawful execution in the following terms:– “and the Lords grant warrant for all lawful execution on this decree for interim aliment”.
8.1. –
(1) Subject to paragraph (2), no–
(a)decree or other interlocutor for payment to a person of any money consigned in the name of the Accountant of Court under the Court of Session Consignations (Scotland) Act 1895(4),
(b)decree or other interlocutor for payment of consigned money, or for transfer or conveyance to a person of any heritable or moveable property, in a cause which seeks the distribution of the estate of a deceased person, or
(c)decree of exoneration and discharge of a judicial factor appointed by the court to administer and distribute an estate, unless appropriate steps have been taken for the continued administration of a lapsed trust, intestate estate, partnership estate or other estate, heritable or moveable,
shall be pronounced until there has been lodged with the clerk of court a certificate by an authorised officer of the Inland Revenue stating that all taxes or duties payable to the Commissioners of Inland Revenue have been paid or satisfied.
(2) In relation to paragraph (1)(b), in an action of multiplepoinding it shall not be necessary for the issue of such a certificate that all of the taxes or duties payable on the estate of a deceased claimant have been paid or satisfied.
9.1. –
(1) The Register of Acts and Decrees for each year shall be transmitted by the Extractor to the Keeper of the Records for permanent custody within 6 months after the end of that year.
(2) Subject to paragraph (3), a process, other than a teind process, shall be transmitted to the Keeper of the Records after the expiry of 5 years after–
(a)the date of the last interlocutor pronounced in the cause; or
(b)where no interlocutor has been pronounced, the date of the calling of the summons or the presentation of the petition, as the case may be.
(3) No process of a petition for–
(a)appointment of a judicial factor, or
(b)the winding up of a company,
shall be transmitted under this rule unless the factor or liquidator, as the case may be, has been granted a final discharge by the court.
9.2.—(1(1) Where a person, having an interest in a process in the custody of the Keeper of the Records (other than a finally extracted process), requires that process to be transmitted back to the Office of Court–
(a)it shall be transmitted back on payment of such fee as may be due to the Keeper of the Records; and
(b)an entry shall be made in a book to be kept by the Keeper of the Records recording the retransmission, which shall be signed by the clerk of session who receives the process.
(2) No document in a process, may be borrowed by any person while the process remains in the custody of the Keeper of the Records except under the provisions of paragraph (1).
(3) A process transmitted back to the Office of Court under paragraph (1) shall be returned by the Office of Court to the Keeper of the Records as soon as possible after it has ceased to be required.
10.1. –
(1) The court shall be in session throughout the year except during such periods as the Lord President shall specify by direction as periods when the court shall be in vacation.
(2) There shall be three terms during session when the court shall sit to conduct the ordinary business of the court, namely:–
(a)a winter term,
(b)a spring term, and
(c)a summer term,
the dates of which shall be such as the Lord President shall direct annually.
(3) The Lord President may, if at any time he considers the business of the court so requires, direct that a term of the court shall be extended for such period as may be necessary.
10.2. –
(1) A day on which the court sits during session under rule 10.3(1) shall be a sederunt day.
(2) The Lord President may, by direction, provide that such days in vacation as he may specify in the direction shall be sederunt days.
10.3. –
(1) Subject to the following paragraphs of this rule, the court shall sit on Tuesday, Wednesday, Thursday and Friday of each week during a term at such times as the Lord President may direct.
(2) The court shall not sit during a term–
(a)subject to paragraph (3), on such public holidays, or
(b)on such other days in exceptional circumstances,
as the Lord President may direct.
(3) A Division of the Inner House or the Lord Ordinary may sit–
(a)on a Monday where it is considered necessary to hear and determine a cause; or
(b)on a Saturday, Sunday or public holiday to hear and determine a matter of urgency.
10.4.—(1) A Division of the Inner House or the Lord Ordinary may sit on any day when the court is in session after a term has ended to conclude a hearing which has commenced during a term.
(2) A Division of the Inner House may sit at any time when the co urt is in session outwith a term to hear and determine urgent Inner House business.
(3) At any time during session outwith a term, the Lord Ordinary shall–
(a)have the powers of the vacation judge in rule 11.1; and
(b)have such other powers to hear and determine a cause in the Outer House as the Lord President may from time to time direct.
10.5.—(1) During vacation, one or more of the judges of the court, other than the Lord President and the Lord Justice-Clerk, shall act from time to time as a vacation judge sitting in court or in chambers.
(2) The vacation judge shall deal with the business of the vacation judge under rule 11.1(1) on such days and at such times as may be necessary or convenient, subject to any direction of the Lord President.
(3) A Division of the Inner House or the Lord Ordinary may sit during vacation, whether or not on a sederunt day, to conclude a hearing commenced when the court was in session.
(4) A Division of the Inner House may sit during vacation, whether or not on a sederunt day, to hear and determine urgent Inner House business which cannot competently be heard and determined by the vacation judge.
10.6. The Lord Ordinary in Exchequer Causes may hear and determine an Exchequer cause when the court is in session or in vacation.
11.1.—(1) Subject to any other provision in these Rules and paragraph (2) of this rule, the vacation judge may, during vacation, hear and determine–
(a)a motion which might be determined during session by the Lord Ordinary;
(b)an application which might be determined during session by the Lord Ordinary in chambers; and
(c)a motion which does not affect the merits, in a cause in dependence in the Inner House.
(2) The vacation judge shall not be bound to hear or determine any matter if, in his opinion, it would be more appropriate for the matter to be dealt with in the session of the court after the vacation.
12.1.—(1) Subject to the following provisions of this Chapter, the court may, at its own instance or on the motion of a party, summon to its assistance a qualified person to sit with the court to act as an assessor at a proof or hearing in any cause.
(2) Where the court considers summoning an assessor at its own instance, it shall hear the parties on the matter before making a decision.
(3) Where an interlocutor is pronounced summoning an assessor, the court shall remit to the Deputy Principal Clerk to arrange for the attendance of the assessor selected.
12.2. An interlocutor summoning an assessor other than in a cause under the Patents Act 1977(5) shall only be pronounced subject to the condition that there shall be consigned into court such sum as the court thinks fit to meet the fees and expenses of the assessor by–
(a)the party enrolling the motion; or
(b)where an assessor is summoned by the court at its own instance, the pursuer or petitioner, as the case may be, unless the court otherwise directs.
12.3. A party seeking to summon an assessor shall–
(a)enrol a motion for that purpose not less than 28 days before the diet of the proof or hearing at which the presence of an assessor is sought; and
(b)give written intimation of the motion to every other party not less than 7 days before it is enrolled.
12.4.—(1) Where an assessor is summoned by the court at its own instance, the pursuer or petitioner, as the case may be, shall lodge in process such copy of the closed record or other pleadings in the cause as the court directs for the use of the assessor.
(2) Where a motion under rule 12.3 (motions to summon assessors) has been granted, the party who enrolled the motion shall lodge in process a copy of the closed record or other pleadings in the cause for the use of the assessor.
12.5.—(1) Subject to paragraph (2), an assessor shall be selected by agreement between the parties, failing which, by the court on the motion of a party.
(2) A nautical assessor shall be selected from the list of persons–
(a)approved by the Lord President;
(b)kept by the Principal Clerk; and
(c)published as the Lord President shall direct.
(3) The list of nautical assessors published under paragraph (2) shall be in force for a period of 3 years; but a person on that list may be approved in any subsequent list.
12.6.—(1) For a proof or hearing in the Outer House, only one assessor shall be summoned.
(2) In the case of–
(a)a proof or hearing ordered by a Division of the Inner House to be taken by one of the judges of the Inner House, or
(b)a hearing in the Inner House,
the number of assessors to be summoned shall be such number as the court thinks fit.
12.7.—(1) In a cause arising out of a collision at sea where the court is assisted by a nautical assessor at a proof, no party may lead a skilled witness on nautical matters.
(2) In a cause other than one to which paragraph (1) applies, where the court is assisted by an assessor at a proof, a party may not lead evidence from more than one skilled witness on any matter within the special qualifications of the assessor.
(3) Where a question arises at a proof in relation to the application of paragraph (2), the decision of the Lord Ordinary shall be final and not subject to review.
(4) In a cause to which paragraph (2) applies, the court may, on the motion of a party–
(a)enrolled not less than 14 days before the diet of proof, and
(b)of which written intimation has been given to every other party not less than 7 days before the motion is enrolled,
on cause shown, allow evidence to be led from a greater number of skilled witnesses.
12.8. The judge who presides at a proof or hearing to which an assessor is summoned shall make a note of each question submitted to the assessor and of the answer; and the note shall be lodged in process.
12.9. The remuneration to be paid to an assessor, other than in a cause under the Patents Act 1977, shall, unless the court otherwise directs, be treated as expenses in the cause.
1972 c. 59; section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 19 and Schedule 2, paragraph 15.
1961 c. 57; section 1(1) was amended by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), Schedule 1, paragraph 27.