SCHEDULE 1

APPLICATIONS
Rule 1.2(1)

Interpretation
1
In this schedule—
- “lodging participant” means the person lodging the application;
- “receiving participant” means a participant receiving the intimation of the application from the lodging participant.

Making of applications
2
An application may be made—
a
orally; or
b
in writing, in accordance with paragraph 3.

Written applications
3
1
An application in writing is made by lodging it.
2
An application in writing must set out the grounds on which it is made.

Intimation of applications in writing
4
1
The lodging participant must give intimation of an intention to lodge the application, and of the terms of the application, to every other participant in Form S1.4.
2
That intimation must be accompanied by a copy of any document referred to in the application.

Opposition to applications in writing
5
1
A receiving participant may oppose an application by lodging a notice of opposition in Form S1.5.
2
Any notice of opposition must be lodged within 7 days after the date of intimation of the application.
3
The sheriff may, on the request of a participant—
a
vary the period of 7 days mentioned in subparagraph (2); or
b
dispense with intimation on any participant.
4
A request mentioned in subparagraph (3) must—
a
be included in the application; and
b
give reasons for varying the period or dispensing with intimation, as the case may be.
5
The sheriff may allow a notice of opposition to be lodged late, on cause shown.

Consent to applications in writing
6
A receiving participant may consent to an application by lodging a notice to that effect.

Lodging of applications in writing
7
1
The application must be lodged by the lodging participant within 5 days after the date of intimation of the application, unless subparagraph (3) applies.
2
The lodging participant must also lodge—
a
a certificate of intimation in Form S1.7; and
b
so far as practicable, any document referred to in the application that has not already been lodged.
3
Where the sheriff varies the period for lodging a notice of opposition to a period of 5 days or less, the application must be lodged no later than the day on which that period expires.

Joint applications in writing
8
1
A joint application by all participants need not be intimated.
2
A joint application may be lodged by any of the participants.

Hearing of opposed applications in writing
9
1
Where a notice of opposition is lodged, the application is to be heard by the sheriff on the first suitable court day after lodging.
2
The sheriff clerk must intimate the date and time of the hearing to the participants.
Sch. 1 para. 1 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 2 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 3 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 4 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 5 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 6 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 7 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 8 in force at 15.6.2017, see rule 1.1(2)
Sch. 1 para. 9 in force at 15.6.2017, see rule 1.1(2)