PART IISUNDEFENDED FAMILY ACTIONS
Evidence in certain undefended family actionsS
33.28.(1)This rule—
(a)subject to sub-paragraph (b), applies to all family actions in which no notice of intention to defend has been lodged, other than a family action—
(i)for any parental rights or aliment;
(ii)of affiliation and aliment;
(iii)for financial provision after an overseas divorce or annulment within the meaning of Part IV of the Matrimonial and Family Proceedings Act 1984 F1; or
(iv)for an order under the Act of 1981 F2;
(b)applies to a family action in which a curator ad litem has been appointed under rule 33.16 where the curator ad litem to the defender has lodged a minute intimating that he does not intend to lodge defences;
(c)applies to any family action which proceeds at any stage as undefended where the sheriff so directs;
(d)applies to the merits of a family action which is undefended on the merits where the sheriff so directs, notwithstanding that the action is defended on an ancillary matter.
(2)Unless the sheriff otherwise directs, evidence shall be given by affidavit.
(3)Unless the sheriff otherwise directs, evidence relating to the welfare of a child shall be given by affidavit, at least one affidavit being emitted by a person other than a parent or party to the action.
(4)Evidence in the form of a written statement bearing to be the professional opinion of a duly qualified medical practitioner, which has been signed by him and lodged in process, shall be admissible in place of parole evidence by him.
Textual Amendments
Procedure for decree in actions under rule 33.28S
33.29.(1)In an action to which rule 33.28 (evidence in certain undefended family actions) applies, the pursuer shall at any time after the expiry of the period for lodging a notice of intention to defend—
(a)lodge in process the affidavit evidence; and
(b)endorse a minute in Form F27 on the initial writ.
(2)The sheriff may, at any time after the pursuer has complied with paragraph (1), without requiring the appearance of parties—
(a)grant decree in terms of the motion for decree; or
(b)remit the cause for such further procedure, if any, including proof by parole evidence, as the sheriff thinks fit.
Extracts of undefended decreeS
33.30.In an action to which rule 33.28 (evidence in certain undefended family actions) applies, the sheriff clerk shall, after the expiry of 14 days after the grant of decree under rule 33.29 (procedure for decree in actions under rule 33.28), issue to the pursuers and the defender an extract decree.
Procedure in undefended family actions for parental rightsS
33.31.(1)Where no notice of intention to defend has been lodged in a family action for any parental rights or any right or authority relating to the welfare or upbringing of a child, any proceedings in the cause shall be dealt with by the sheriff in chambers.
(2)In an action to which paragraph (1) applies, decree may be pronounced after such inquiry as the sheriff thinks fit.
No recording of evidenceS
33.32.It shall not be necessary to record the evidence in any proof in a family action which is not defended.
Disapplication of Chapter 15S
33.33.Chapter 15 (motions) shall not apply to a family action in which no notice of intention to defend has been lodged.