Sheriff Courts (Scotland) Act 1907

Decree by defaultS

33A.37.(1)In a civil partnership action in which the defender has lodged a notice of intention to defend, where a party fails–

(a)to lodge, or intimate the lodging of, any production or part of process;

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

(c)to appear or be represented at any diet, [F2or

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

that party shall be in default.

(2)Where a party is in default under paragraph (1), the sheriff may–

(a)where the civil partnership action is one mentioned in rule 33A.1(1) (a) [F3(b) or (f)], allow that action to proceed as undefended under Part II of this Chapter; or

(b)where the civil partnership action is one mentioned in rule 33A.1(1)(c) to (e), grant decree as craved; or

(c)grant decree of absolvitor; or

(d)dismiss the civil partnership action or any claim made or order sought; [F4or]

[F5(da)make such other order as he thinks fit to secure the expeditious progress of the cause; and]

(e)award expenses.

(3)Where no party appears at a diet in a civil partnership action, the sheriff may dismiss that action.

(4)In a civil partnership action, the sheriff may, on cause shown, prorogate the time for lodging any production or part of process, or for intimating or implementing any order.

Textual Amendments

F3Words in Sch. 1 rule 33A.37(2)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(49)}