22.1.—(1) Subject to any other provision in these Rules, where defences have been lodged, the pursuer in an action shall, within 14 days after the date on which the time for lodging defences expired or on which the defences were lodged, whichever is the earlier–
(a)send not less than four copies of an open record to every other party; and
(b)lodge two copies of the open record in process.
(2) Where in a cause a party is ordered by the court to make up an open record, he shall comply with sub-paragraphs (a) and (b) of paragraph (1) within the period specified by the court.
(3) Where the pursuer, petitioner, noter or minuter, as the case may be, fails to comply with a requirement of paragraph (1) or (2), the defender or other party may apply by motion for decree of dismissal.
(4) An open record shall consist of the pleadings of the parties and the interlocutors pronounced in the cause.
22.2.—(1) A cause shall be put out on the Adjustment Roll as soon as possible after the lodging of the open record.
(2) On a cause first appearing on the Adjustment Roll, the court shall pronounce an interlocutor continuing the cause on that roll for 8 weeks.
(3) While a cause is on the Adjustment Roll, parties may adjust their respective pleadings and shall intimate their adjustments to each other.
(4) At any time while a cause is on the Adjustment Roll, the court may, on the motion of any party, pronounce an interlocutor–
(a)closing the record; or
(b)continuing the cause on that roll for such period as the court thinks fit.
(5) On enrolling a motion under paragraph (4), a party shall lodge in process a copy of the open record showing the adjustments, if any, at that date.
22.3.—(1) The court shall, on the day on which the period allowed for adjustment in a cause expires, pronounce an interlocutor closing the record.
(2) The pursuer shall, within 4 weeks after the date of the interlocutor closing the record–
(a)send not less than six copies of the closed record to every other party; and
(b)lodge three copies of the closed record in process.
(3) if the pursuer fails to comply with either of the requirements of paragraph (2), the court may, on the motion of any other party, grant decree of dismissal.
(4) A closed record shall consist of the pleadings of the parties and the interlocutors pronounced in the cause.
(5) The pursuer shall, on lodging the copies of the closed record as required by paragraph (2), enrol a motion craving the court–
(a)where parties have agreed on further procedure, of consent–
(i)to appoint the cause to the Procedure Roll for consideration of all the preliminary pleas of parties or such of the pleas as may be specified;
(ii)to allow to parties a preliminary proof on specified matters or in respect of specified pleas;
(iii)to allow to parties a proof before answer of their respective averments under reservation of such preliminary pleas as may be specified;
(iv)to allow a proof;
(v)to allow issues for jury trial; or
(vi)to make some other specified order; or
(b)where parties have been unable to agree on further procedure, to appoint the cause to the By Order (Adjustment) Roll.
(6) In a cause which is one of more than one cause arising out of the same cause of action, the court may, on or after pronouncing an interlocutor ordering further procedure under paragraph (5)–
(a)on the motion of a party to that cause, and
(b)after hearing parties to all those causes,
appoint that cause or any other of those causes to be the leading cause and to sist the other causes pending the determination of the leading cause.
(7) In this rule, “pursuer” includes petitioner, noter or minuter, as the case may be.
22.4. Where a cause has been appointed to the Procedure Roll, the court may, at its own instance or on the motion of a party, ordain a party–
(a)to lodge in process a concise note of argument consisting of numbered paragraphs stating the grounds on which he proposes to submit that any preliminary plea should be sustained, and
(b)to send a copy of the note to every other party concerned,
within such period as the court thinks fit.
