SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 20DECREES BY DEFAULT

Decrees where party in default20.1

1

Without prejudice to the power of the court to grant decree by default in other circumstances, where a party fails to attend before the Lord Ordinary on the calling of a cause–

a

on the By Order Roll,

b

on the Procedure Roll,

c

for a proof, or

d

for jury trial,

that party shall be in default.

2

Where a pursuer is in default under paragraph (1)(a), (c) or (d), the court may grant decree by default against him with expenses.

3

Where a pursuer is in default under paragraph (1)(b), the court may grant decree of dismissal with expenses.

4

Where a defender is in default under paragraph (1), the court may grant decree by default against him with expenses.

5

Where a third party is in default under paragraph (1), the court may grant decree by default against him with expenses or make such finding or order as it thinks fit.