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8.1.(1)In any cause other than—
(a)a cause mentioned in rule 33.1(1)(a) to (h) (certain family actions), or
(b)a cause to which Chapter 37 (causes under the Presumption of death (Scotland) Act 1977) applies,
the defender may apply to be reponed by lodging with the sheriff clerk, before implement in full of a decree in absence, a reponing note setting out his proposed defence and explaining his failure to appear.
(2)A copy of the note lodged under paragraph (1) shall be served on the pursuer.
(3)The sheriff may, on considering the reponing note, recall the decree so far as not implemented subject to such order as to expenses as he thinks fit; and the cause shall thereafter proceed as if the defender had lodged a notice of intention to defend and the period of notice had expired on the date on which the decree in absence was recalled.
(4)A reponing note, when duly lodged with the sheriff clerk and served upon the pursuer, shall have effect to sist diligence.
(5)Any interlocutor or order recalling, or incidental to the recall of, a decree in absence shall be final and not subject to appeal.
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