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Version Superseded: 29/01/2007
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7.2.(1)Subject to the following paragraphs, where the defender—
(a)does not lodge a notice of intention to defend,
(b)does not lodge an application for a time to pay direction under the M1Debtors (Scotland) Act 1987,
(c)has lodged such an application for a time to pay direction and the pursuer does not object to the application or to any recall or restriction of an arrestment sought in the application,
the sheriff may, on the pursuer endorsing a minute for decree on the initial writ, at any time after the expiry of the period for lodging that notice or application, grant decree in absence or other order in terms of the minute so endorsed without requiring the attendance of the pursuer in court.
(2)The sheriff shall not grant decree under paragraph (1)—
(a)unless it appears ex facie of the initial writ that a ground of jurisdiction exists under the M2Civil Jurisdiction and Judgments Act 1982 where that Act applies; and
(b)the cause is not a cause—
(i)in which decree may not be granted without evidence;
(ii)to which paragraph (4) applies; or
(iii)to which rule 33.31 (procedure in undefended family action for [F1a section 11 order]) applies.
(3)Where a defender is domiciled in another part of the United Kingdom or in another Contracting State, the sheriff shall not grant decree in absence until it has been shown that the defender has been able to receive the initial writ in sufficient time to arrange for his defence or that all necessary steps have been taken to that end; and for the purposes of this paragraph—
(a)the question whether a person is domiciled in another part of the United Kingdom shall be determined in accordance with sections 41 and 42 of the Civil Jurisdiction and Judgments Act 1982;
(b)the question whether a person is domiciled in another Contracting State shall be determined in accordance with Article 52 of [F2the Convention in]Schedule 1 or 3C to that Act; and
(c)the term “Contracting State” has the meaning assigned in section 1 of that Act.
(4)Where an initial writ has been served in a country to which the M3Hague Convention on the Service Abroad of Judicial and Exta-Judicial Documents in [F3Civil or Commercial] Matters dated 15th November 1965 applies, decree shall not be granted until it is established to the satisfaction of the sheriff that the requirements of Article 15 of that Convention have been complied with.
Textual Amendments
F2Words in rule 7.2(3)(b) inserted (1.11.1996) by S.I. 1996/2445, para. 3(8)(a)
F3Words in rule 7.2(4) substituted (1.11.1996) by S.I. 1996/2445, para. 3(8)(b)
Marginal Citations
M3Cmnd. 3986 (1969).
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