Sheriff Courts (Scotland) Act 1907

Decrees where party in defaultS

16.2.(1)In a cause to which this Chapter applies, where a party fails—

(a)to lodge, or intimate the lodging of, any production or part of process within the period required under a provision in these Rules or an order of the sheriff,

(b)to implement an order of the sheriff within a specified period, F1. . .

(c)to appear or be represented at any diet, [F2, or

(d)otherwise to comply with any requirement imposed upon that party by these Rules]

that party shall be in default.

[F3(2)Where a party is in default the sheriff may, as the case may be–

(a)grant decree as craved with expenses;

(b)grant decree of absolvitor with expenses;

(c)dismiss the cause with expenses; or

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

(3)Where no party appears at a diet, the sheriff may dismiss the cause.

(4)In this rule, “diet” includes—

(a)a hearing under rule 9.12 (Options Hearing);

(b)a hearing under rule 10.6 (Procedural Hearing);

(c)a proof or proof before answer; and

(d)a debate.

Textual Amendments