SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

F1Initiation andprogress of causes

CHAPTER 15 MOTIONS

15F2 Intimation of motions

1

Subject to paragraph (7), the party lodging a motion in accordance with rule 15.1(1)(b) shall intimate the motion in Form G7, and a copy of any document referred to in the motion, to every other party.

2

Unless a period of intimation of a motion is otherwise specified in these Rules, intimation under paragraph (1) shall be made not less than 7 days before the date fixed for the hearing of the motion.

3

Subject to paragraph (4), intimation of a motion may be given by—

a

any of the methods of service provided for in Chapter 5 (citation, service and intimation); or

b

where intimation is to a party represented by a solicitor, by—

i

personal delivery,

ii

facsimile transmission,

iii

first class ordinary post, or

iv

delivery to a document exchange, to that solicitor.

4

Subject to paragraph (5), where intimation is given—

a

under paragraph (3)(b)(i) or (ii), it shall be deemed to have been given—

i

on the day of transmission or delivery where it is given before 5.00 pm on any day; or

ii

on the day after transmission or delivery where it is given after 5.00 pm on any day; or

b

under paragraph 3(b)(iii) or (iv), it shall be deemed to have been given on the day after posting or delivery.

5

Where intimation is given on a Saturday, Sunday or public or court holiday, it shall be deemed to have been given on the next day on which the sheriff clerk’s office is open for civil court business.

6

Where intimation has been given, a certificate of intimation of the motion in Form G8 shall be returned to the sheriff clerk not later than 2 days, or such other period as the sheriff has determined, before the date fixed for the hearing of that motion.

7

The sheriff may, on cause shown, dispense with or reduce the period of intimation specified in paragraph (2) or the period specified in paragraph (6).