Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006

“Alteration of date for Options Hearing9.2A.

(1)

Subject to paragraph (2), at any time before the date and time fixed under rule 9.2 (fixing date for Options Hearing) or under this rule, the sheriff–

(a)

may, of his own motion or on the motion of any party–

(i)

discharge the Options Hearing; and

(ii)

fix a new date and time for the Options Hearing; or

(b)

shall, on the joint motion of the parties–

(i)

discharge the Options Hearing; and

(ii)

fix a new date and time for the Options Hearing.

(2)

The date and time to be fixed–

(a)

under paragraph (1)(a)(ii) may be earlier or later than the date and time fixed for the discharged Options Hearing;

(b)

under paragraph (1)(b)(ii) shall be earlier than the date and time fixed for the discharged Options Hearing.

(3)

Where the sheriff is considering making an order under paragraph (1)(a) of his own motion and in the absence of the parties, the sheriff clerk shall–

(a)

fix a date, time and place for the parties to be heard; and

(b)

inform the parties of that date, time and place.

(4)

The sheriff may discharge a hearing fixed under paragraph (3) on the joint motion of the parties.

(5)

On the discharge of the Options Hearing under paragraph (1), the sheriff clerk shall forthwith intimate to all parties–

(a)

that the Options Hearing has been discharged under paragraph (1)(a) or (b), as the case may be;

(b)

the last date for lodging defences, if appropriate;

(c)

the last date for adjustment, if appropriate; and

(d)

the new date and time fixed for the Options Hearing under paragraph (1)(a) or (b), as the case may be.

(6)

Any reference in these Rules to the Options Hearing or a continuation of it shall include a reference to an Options Hearing for which a date and time has been fixed under this rule.”.

“(8)

Where the cause is appointed, under paragraph (3), to a proof or proof before answer, the sheriff shall consider whether a pre-proof hearing should be fixed under rule 28A.1”.

“CHAPTER 28APRE-PROOF HEARING

Pre-proof hearing28A.1.

(1)

On the appointment of a cause to a proof before answer or thereafter on the motion of any party or of his own motion, the sheriff may appoint the cause to a pre-proof hearing.

(2)

It shall be the duty of the parties to provide the sheriff with sufficient information to enable him to conduct the hearing as provided for in this rule.

(3)

At a pre-proof hearing the sheriff shall ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed for that purpose and, in particular–

(a)

the state of preparation of the parties; and

(b)

the extent to which the parties have complied with their duties under rules 9A.2, 9A.3, 29.11 and 29.15 and any orders made by the sheriff under rules 9.12(3)(a) or (b) or 10.6(3)(a) or (b).

(4)

At a pre-proof hearing the sheriff may–

(a)

discharge the proof or proof before answer and fix a new date for such proof or proof before answer;

(b)

adjourn the pre-proof hearing; or

(c)

make such other order as he thinks fit to secure the expeditious progress of the cause.

(5)

For the purposes of rules 16.2 (decrees where party in default), 33.37 (decree by default in family action) and 33A.37 (decree by default in civil partnership action), a pre-proof hearing shall be a diet in accordance with those rules.”.