Execution of diligence
Other duties (1) — Crown / regulator
- Messengers-at-arms must execute diligences correctly Tribunal / Court
UK Statutory Instrument
1994
United Kingdom
Act of Sederunt (Rules of the Court of Session 1994) 1994
At a glance
What's here
17 compliance obligations
Who this Act binds
Plus 8 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Arrestment of ships and arrestment in rem of cargo on board ship
Other duties (1) — Crown / regulator
- Messenger-at-arms must serve arrestment schedule on ship's mast or harbour master Statutory regulator
Arrestment of cargo
Other duties (1) — Crown / regulator
- Messenger-at-arms must serve arrestment schedule on ship master or other person in charge of cargo Tribunal / Court
Service furth of United Kingdom
- Serve court documents on persons outside the UK using permitted methods
Service by messenger-at-arms
Other duties (1) — Crown / regulator
- Messenger-at-arms must explain service and complete certificate Crown / Minister / Government department
Translations of documents served or advertised abroad
- Provide certified translations for documents served or advertised abroad
Expenses of motions
Other duties (1) — Crown / regulator
- Auditor must disallow motion expenses unless properly enrolled and dropped Tribunal / Court
Admissions by parties
- Parties must formally admit facts, document authenticity, or copy sufficiency by signed minute
Diet of taxation
- Object to expenses within 15 days before the taxation hearing
Objections to report of the Auditor
- Object to the Auditor's report within 14 days if you disagree
Service on unnamed occupiers
- Name unknown occupiers as 'occupier' and serve court documents properly
Execution of service or intimation of simplified divorce applications
Other duties (1) — Crown / regulator
- Deputy Principal Clerk or messenger-at-arms must execute service or intimation of simplified divorce applications and complete required forms Tribunal / Court
Execution of service or intimation of simplified dissolution application
Other duties (1) — Crown / regulator
- Deputy Principal Clerk or messenger-at-arms must serve or intimate simplified dissolution applications Tribunal / Court
Notice calling for claims
Other duties (1) — Crown / regulator
- Publish notice calling for claims — judicial factor (estates) Crown / Minister / Government department
Translation of document lodged
- Provide certified English translation of any non-English court documents
Translations of documents
- Lodge certified English translation of non-English court documents
Translations of documents
- Provide certified English translation for foreign-language documents in parental responsibility cases
Browse 1437 other Schedules — structural / supplementary
Application of this Chapter
Confidentiality
Restrictions on service
Right of haver to consult
Return of documents etc. to haver
Form and content of application
Accompanying documents
Modification of undertakings
Intimation and service of application
Form of order
Caution and other security
Execution of order
Duties of commissioner
Application and interpretation of this Chapter
Appointment of reporting officer and curatorad litem
Duties of reporting officer and curatorad litem
Hearing
Supervision by or committal to care of local authority
Applications for return, removal or prohibition of removal of child
Applications to amend, or revoke a direction in, a parental order
Registration of certified copy interlocutor
Extract of order
Procedure after intimation to Registrar General or issue of extract
Disapplication of certain rules to this Chapter
Confidentiality of documents in process
Selection of reporting officer or curator ad litem
Form of agreements to parental order
Orders for evidence
Expenses
Protection of identity of petitioners
Applications for a parental order
Interpretation and application
Applications for enforcement of a tribunal’s award under the 2010 Act
Proceedings before a nominated judge
Procedure in causes under the 2010 Act
Disapplication of certain rules
Application or appeal under the 2010 Act
Application for attendance of witnesses or disclosure of evidence
Averments in petitions and notes under the 2010 Act
Appeals against arbitral award on ground of legal error
Anonymity in legal proceedings
Session of the court
Interpretation of this Chapter
Application to set aside an asset-freezing decision
Appeal in relation to designations
Lodging of process
Application of Chapter 96 to asset-freezing proceedings
Vacation
Interpretation and application of this Chapter
Application for an order
Interim orders
Representations
Notification of reporting restrictions
Applications for variation or revocation
Holiday dates, periods and vacation sitting days
Interpretation of this Chapter
Applications for a forced marriage protection order
Applications for variation, recall or extension of a forced marriage protection order
Interpretation and application of this Chapter
Closed material procedure: non-disclosure of sensitive material etc.
Appointment of special advocate
Functions of a special advocate
Special advocate: communicating about proceedings
Opinions of the court
Participation of Secretary of State
Hearings in private
Potential disclosure: notification to Secretary of State
Closed material declaration: applications
Initial diets
Hearing on applications
Evidence
Formal review of declaration
Closed material procedure: application
Consideration of closed material procedure application or objection to special advocate’s communication
Interpretation of this Chapter
Applications under Part 6 of the 2012 Act
Form of orders under Part 6 of the 2012 Act
Effect of warrant to place or renew caveat
Form of decree of reduction
Form of order for rectification of a document
Interpretation
Adjustment of incoming protection measure
Attachment of power of arrest to incoming protection measure
Determination that incoming protection measure is a domestic abuse interdict
Form of application for Article 5 certificate
Issue of Article 5 certificate
Conditions for issue of Article 5 certificate
Notice of issue of Article 5 certificate
Effect of variation of order
Application for rectification or withdrawal of Article 5 certificate
Issue of Article14 certificate
Form of applications relating to incoming protection measures
Interpretation and application of this Chapter
TEO petitions
Initial diets
Appointment of special advocates
Special advocates: further provision
Permission not to disclose relevant material etc.
Anonymity
Exclusion from diets or hearings etc.
Recording of TEO and appeal proceedings
Interpretation and application
Declarations from the court that an EU instrument was invalid – notices
Where any of the relevant UK authorities wish to be...
Interpretation and application of this Chapter
Applications under section 65A of the 2010 Act
Citation
Powers of vacation judge
Application
Summoning of assessors
Consignation of money for fees of assessors
Motions to summon assessors
Copies of pleadings for use of assessors
Selection of assessors
Number of assessors
Skilled witnesses where assessors summoned
Note of questions submitted to assessors
Remuneration of assessors
Lay support
Application and interpretation
Lay representation for party litigants
Confidentiality of documents in process
Application
Mode of attendance at hearings – procedural business
Alternative mode of attendance at hearings
Hybrid hearings
Interpretation etc.
Initiation of causes by summons
Recall etc. of arrestment or inhibition
Movement of arrested property
Intimation of actions relating to heritable property
Calling
Protestation for not calling summons
Form of summonses
Address of defender
Period of notice in summonses
Signeting
Authority for service and intimation on signeting
Authority for diligence etc. before calling
Service and intimation of summonses
Authority for intimation after signeting
Authority for diligence etc. after calling
Effect of authority for inhibition on the dependence
Forms
Application of this Chapter
Disposals in petitions
Applications by petition in the Outer House
Applications by petition in the Inner House
Form of petitions
First order in petitions
Period of notice for lodging answers
Intimation and service of petitions
Procedure where answers lodged
Unopposed petitions
Interpretation
Application for interim diligence
Effect of authority for inhibition on the dependence
Recall etc of arrestment or inhibition
Incidental applications in relation to interim diligence, etc
Application and interpretation
Value of an order for payment of money
Value of an order determining rights in relation to property
Provision where the value of an order is unascertainable
Determining the aggregate total value of orders in a cause
Determination by the court
Direction relating to Advocate General
Applications by minute
Applications by note
Methods and manner of service
Acceptance of service or intimation and dispensing with period of ...
No objection to regularity of service or intimation
Forms for diligence
Form of Service of copy decree
Service under the EC Service Regulation
Service by post
Service where address of person is not known
Intimation of documents
Intimation on a warrant to intimate
Written intimation
Entering appearance
Appearance not to imply acceptance of jurisdiction
Form and lodging of defences
Contesting jurisdiction
Answers
Decrees in absence
Recall of decrees in absence
Decrees where party in default
Relief for failure to comply with rules
Application of this Chapter
Applications for summary decree
Application of summary decree to counterclaims etc.
Dismissal of a claim due to delay
Circumstance where aspect of procedure unsuitable
Making up open record
Adjustment
Closing record
Notes of argument
Interpretation of this Chapter
Motions by defender or other person before calling
Statutory applications by motion
Conditions attached to granting of motions
Appearance by solicitor for certain motions
Starred motions
Making of motions
Interpretation of this Part
Intimation of motions by email
Opposition to motions by email
Consent to motions by email
Enrolling unopposed motions by email
Enrolling opposed motions by email
Issuing of interlocutor by email
Other periods of intimation etc. under these Rules
Enrolment of motions
Intimation of motions
Opposition to motions
Consent to motions
Hearing of motions
Motions ... in vacation
Motions by pursuer before calling or petitioner before first order
Motions where caveat lodged
Powers of court
Applications to amend
Service of amended pleadings
Expenses and conditions of amendment
Effect of amendment on diligence
Applications to amend the name of a party in more than one cause
Counterclaims
Authority for diligence etc. on counterclaims
Answers to counterclaims
Effect of abandonment of action
Proof or jury trial of counterclaims
Interlocutors in respect of counterclaims
Interpretation of this Chapter
Sist of cause on reference to Supreme Court
Transmission of reference
Appeals to the Supreme Court
Orders mitigating the effect of certain decisions
Proceedings where compatibility question or devolution issue raised in principal writ
Time for raising compatibility question or devolution issue
Specification of compatibility question or devolution issue
Intimation
Intimation of reclaiming motion or application to the nobile officium of the court
Response to intimation
Reference to Inner House
Reference to Supreme Court
Applications for third party notice
Averments where order for service of third party notice sought
Authority for diligence etc. on third party notices
Service on third party
Answers to third party notice
Consequences of failure to lodge answers
Procedure following answers
Interpretation and application of this Chapter
Application for permission: further provision
The permission stage
Grant of permission
The permission stage: appeals
Opt-in proceedings – notices
Opt-in proceedings – group register
Opt-in proceedings – late application
Opt-in proceedings – late withdrawal of consent for a claim to be brought in the proceedings or where, following withdrawal, there would be less than two pursuers
Commencement of group proceedings
Summons in group proceedings actions
Disapplication of certain rules
Defences
Preliminary hearing
Case management hearing
Debates
Pre-proof hearing
Lodging of productions for proof
Withdrawal of claim from group proceedings
Power to make orders
Effect of interlocutor given in group proceedings
Failure to comply with rule or order of Lord Ordinary
Procedure in group proceedings
Settlement of proceedings
Motions under this Chapter
Application to be a representative party
Application by more than one person to be a representative party
Determination of an application by a person to be a representative party
Replacement of a representative party
Application for permission
Lodging of documents founded on or adopted
Consequences of failure to lodge documents founded on or adopted
Hearings on procedure roll
Notices to admit and notices of non-admission
Consequences of failure to intimate notice of non-admission
Abandonment of actions
Application of abandonment of actions to counterclaims
Abandonment of petitions, minutes and notes
Intimation of withdrawal of agent
Intimation to party whose agent has withdrawn
Consequences of failure to intimate intention to proceed
Office of Court
Minutes of sist
Minutes of transference
Death of party: further provisions
General Department
Remits to sheriff court
Transmissions on contingency
Form of remit request
Determination of remit request
Intimation of receipt of process transmitted from sheriff court
Lodging of process and motion for further procedure
Reponing against failure to comply with rule 32.4
Insistence in remit by another party
Re-transmission to sheriff clerk
Transfer of application for forfeiture of property from the sheriff: proceeds of crime
Transfers to the Competition Appeal Tribunal
Receipt of transfers from the Competition Appeal Tribunal
Motion for further procedure and lodging of process in transfers ...
Reponing against a failure to comply with rule 32A.3(1) or ...
Insistence in transfer by another party
Re-transmission to Registrar of the Competition Appeal Tribunal
Petition Department
Application of this Chapter
Failure to find caution or give security
Interlocutors authorising uplifting of consignation receipts
Accountant of Court
Form of applications
Orders to find caution or other security
Methods of finding caution or giving security
Cautioners and guarantors
Form of bonds of caution and other securities
Sufficiency of caution or security and objections
Juratory caution
Insolvency or death of cautioner or guarantor
Rolls Department
Report by Lord Ordinary to Inner House
Fixing hearings for reports
Disposal of reports
Interpretation of this Chapter
Lodging of video record and documents
Pursuers’ offers
Making of offer
Form of offer
Disclosure of offers
Acceptance of offers
Late acceptance of offers
Non-acceptance of offers
Extent of defender’s liability
Extracts Department
Application and interpretation of this Chapter
Warrants for transmission of processes
Commissions for examination of witnesses
Commissions on interrogatories
Commissions without interrogatories
Evidence taken on commission
Letters of request
Applications for requests that evidence be taken under the Council Regulation
Applications for commission and diligence for recovery of documents or for orders under section 1 of the Act of 1972
Optional procedure before executing commission and diligence
Optional procedure where there is a party litigant
Execution of commission and diligence for recovery of documents
Execution of orders for production or recovery of documents or other property under section 1(1) of the Act of 1972
Execution of orders for inspection etc. of documents or other property under section 1(1) of the Act of 1972
Execution of orders for preservation etc. of documents or other property under section 1(1) of the Act of 1972
Confidentiality
Warrants for production of original documents from public records
Interpretation
Intimation of an order under section 12(1) or (6) or 13(2)
Taking of evidence by commissioner
Commission on interrogatories
Commission without interrogatories
Custody of video record and documents
Application for leave for party to be present at the commission
Child Witness Notice
Vulnerable Witness Application
Intimation
Procedure on lodging child witness notice or vulnerable witness application
Review of arrangements for vulnerable witnesses
Intimation of review application
Procedure on lodging a review application
Determination of special measures
Interpretation
Lodging an audio or audio-visual recording of a child
Separate inventory of productions
Custody of a recording of a child
Access to a recording of a child
Exceptions
Application of other rules
Teind Office
Hearing parts of proof separately
Administration of oath or affirmation to witnesses
Recording of evidence
Finality of decision on sufficiency of stamp
Death, disability, retiral, etc., of Lord Ordinary
Citation of witnesses
Lodging productions
Copy productions
Returning borrowed documents before proof
Notices to admit and notices of non-admission
Lodging of certain written statements
Attendance, and lists, of witnesses
Registers kept by the Court
The Auditor
Applications for jury trial
Application of verdicts
Citation of jurors
Ineligibility for, and excusal from, jury service
Application of certain rules relating to proofs
Failure of party to appear at jury trial
Recording of proceedings at jury trial
Administration of oath or affirmation to jurors
Exceptions to judge’s charge
Further questions for jury
Verdicts
Quorum of Inner House for certain business
Procedural judges in the Inner House
Introduction
Reclaiming out of time
Urgent disposal of reclaiming motion
Required application for urgent disposal of certain reclaiming motions
Objections to the competency of reclaiming
Timetable in reclaiming motion
Sist or variation of timetable in reclaiming motion
Failure to comply with timetable in reclaiming motion
Procedural hearing in reclaiming motion
Amendment of pleadings in reclaiming motion
Grounds of appeal in reclaiming motion
Lodging of appendices in reclaiming motion
Reclaiming days
Notes of evidence not extended when agreed
Single Bills
Leave to reclaim etc. in certain cases
Applications for leave to reclaim
Method of reclaiming
Effect of reclaiming
Effect of extracted interlocutor
Appeals treated as reclaiming motions
Reclaiming against decree by default
Applications for new trial
Single Bills
Applications for new trial: sheriff court cases
Applications out of time
Objections to the competency of application
Timetable in application for a new trial
Sist or variation of timetable in application for a new trial
Failure to comply with timetable in application for a new trial
Procedural hearing in application for a new trial
Lodging of appendix
Applications to enter jury verdict
Application to enter jury verdict: sheriff court cases
Application and interpretation of this Chapter
Objections to the competency of appeals
Timetable in appeal from inferior court
Sist or variation of timetable in appeal from inferior court
Failure to comply with timetable in appeal from inferior court
Procedural hearing in appeal from inferior court
Appeals deemed abandoned
Reponing against deemed abandonment
Amendment of pleadings in appeals
Grounds of appeal
Lodging of appendices in appeals
Applications for leave to appeal from inferior court
Notes of evidence not extended when agreed in appeals
Referral to family mediation in appeals from the Sheriff Appeal Court
Use of Gaelic
Single Bills
Determination of applications for leave to appeal from inferior court
Time and method of appeal
Leave to appeal out of time
Transmission of appeal process
Procedure following transmission of appeal process
Sist of process of appeal
Urgent disposal of appeal
Required application for urgent disposal of appeal against certain interlocutors
Form, size, etc., of documents forming the process
Receipt of documents
Documents not to be borrowed
Application and interpretation of this Chapter
Consideration of application by tribunal
Procedure for ordaining tribunal to state a case
Preparation and issue of the case
Intimation of intention to proceed
Lodging of case in court
Abandonment of appeal
Reponing against deemed abandonment
Procedure on abandonment
Timetable in appeal under PartII of this Chapter
Sist or variation of the timetable in appeal under Part II of this Chapter
Borrowing and returning documents
Applications for leave to appeal
Failure to comply with timetable in appeal under Part II of this Chapter
Procedural hearing in appeal under Part II of this Chapter
Amendment or re-statement of case
Remit to reporter etc.
Application of this Part
Form of appeal
Lodging of appeal in court
Orders for service and answers
Motion for further procedure
Timetable in appeal under Part III of this Chapter
Finally extracted processes not to be borrowed
Determination of applications for leave to appeal
Sist or variation of the timetable in appeal under Part III of this Chapter
Failure to comply with timetable in appeal under Part III of this Chapter
Procedural hearing in appeal under Part III of this Chapter
Revenue appeals by stated case
Appeals relating to certain determinations of the Commissioners for Her Majesty’s Revenue and Customs
Application of Part II to this Part
Interpretation of this Part
Lodging of reports and statements with sheriff
Lodging etc. of reports and statements in court
Hearing in private
Lost documents
Urgent disposal of appeal
Expenses
Application of this Part
Form of appeal under this Part
Registration Appeal Court
Consolidated appeals
Hearing before the Registration Appeal Court
Decision of Registration Appeal Court
Case stated by tribunal at its own instance
Modifications of Part II to appeals under this Part
Form of appeal under certain Social Security Acts
Outer House interlocutors
Competency of appeals
Modifications of Part II to appeals under this Part
Application of Parts II and III to this Part
Appeals to be heard in the Outer House
Reclaiming against decision of the Lord Ordinary
Interpretation
References under an ACAS Scheme
Appeals
Permission to appeal against decisions of the Upper Tribunal
Application of this Part and modification of this Chapter for the purposes of this Part
Form application and lodging of application in court
Inner House interlocutors
Intimation of final interlocutor
Determination of application for permission to proceed
Further procedure where the court grants permission to proceed
Inner House interlocutors relating to procedural business
Application and interpretation of this Part
Applications for case
Additional questions by other parties
Application of this Chapter
Applications for permission to appeal
Determination of applications for permission to appeal
Application and interpretation of this Chapter
Application for an award of expenses
Award of expenses
Procedure
Award against legal representatives
Signature of documents
Remit to the Auditor
Basis of charging
Posts and incidental expenses
Value added tax
Charges for witnesses
Charges for skilled persons
Additional fee
Fees of a reporter
Table of fees
Fees of solicitors in speculative causes
Remuneration of reporters
Report of taxation
Interest on expenses
Modification or disallowance of expenses
Modification of expenses awarded against assisted persons
Taxation of solicitors' own accounts
Application and interpretation of this Part
Form of account of expenses
Application and interpretation of this Chapter
Power to make orders
Lodging of closed record etc.
Debates
Fixing a case management hearing
Exchange of information by parties
Lodging of statements of proposals and joint minutes
Case management hearing
Pre-proof timetable
Non-compliance by parties in the exchange of information
Applications for leave under section 1 of the Vexatious Actions (Scotland) Act 1898
Lodgings of processes
Application and interpretation of this chapter
Pre-trial meetings
Applications for interim payments of damages
Adjustment on final decree
Applications for further damages
Actions by connected persons
Warrants for intimation in actions by connected persons
Applications to dispense with intimation in actions by connected persons
Subsequent disclosure of connected persons
Connected persons entering the process
Failure by connected person to enter process
Actions based on clinical negligence
Form of summons
Mesothelioma actions: special provisions
Service and calling of summons
Inspection and recovery of documents
Motions to dispense with timetable
Allocation of diets and timetables
Hearings on the By Order roll
Applications for sist or for variation of timetable order
Statements of valuation of claim
Application and interpretation of this Chapter
Procedure for variation or revocation of non-harassment order
Steps of process
Application and interpretation of this Chapter
Notice about time to pay directions
Applications for time to pay directions where appearance not entered
Applications for time to pay directions where appearance entered but ...
Applications for time to pay directions where defences lodged
Applications for variation or recall of time to pay directions ...
Productions
Remit to reporter to examine property
Division or sale of property
Application of this Chapter
Shortening or dispensing with periods of time
Application by occupiers to become defenders
Intimation of steps of process
Interpretation of this Chapter
Forms of action
Actions in rem
Actions in personam
Sale of ship or cargo
Ship collisions and preliminary acts
Applications t o dispense with preliminary acts
Ship collision and salvage actions
International Oil Pollution Compensation Fund
Lodging of documents in Inner House causes
Application and interpretation of this Chapter
Transfer of action to Commercial Roll
Preliminary hearing
Procedural hearing
Debates
Pre-proof By Order
Lodging of productions for proof
Hearings for further procedure
Failure to comply with rule or order of commercial judge
Proceedings before commercial judge
Election of procedure for commercial actions and form of summons
Disapplication of certain rules
Procedure in commercial actions
Defences
Counterclaims and third party notices
Commercial Roll
Withdrawal of action from Commercial Roll
Copies of documents for use of court
Proceedings before Lord Ordinary in Exchequer Causes
Procedure in Exchequer causes
Precedence of extracts
Documents ordered or allowed to be lodged
Interpretation of this Chapter
Productions in action of divorce, dissolution of civil partnership, or where section 11 order may be made
Execution of service on, or intimation to, local authority
Notice of actions by advertisement
Service in cases of mental disorder of defender
Notices in certain actions of divorce or separation
Notices in certain actions of dissolution of civil partnership or separation of civil partners
Orders for intimation by the court
Interested persons entering process
Appointment of curators ad litem to defenders
Applications for sist
Applications for sist in actions involving civil partnerships
Notices of consent to divorce, separation, dissolution of civil partnership or separation of civil partners
Averments in certain family actions about other proceedings
Views of the child – undefended actions
Views of the child – section 11 order sought by pursuer only
Views of the child – section 11 order sought by defender only
Views of the child – section 11 orders sought by both pursuer and defender
Views of the child – the court’s role
Reports by local authorities under section 49(2) of the Act of 1975
Child welfare reporters
Appointment of local authority to report on a child
Referral to family mediation ...
Applications for orders to disclose whereabouts of children
Applications in relation to removal of children
Intimation to local authority before supervised contact order
Joint minutes
Expenses of curator ad litem appointed to a child
Corrected gender recognition certificates
Applications for postponement of decree under section 3A of the Act of 1976
Evidence in certain undefended family actions
Procedure for decree in actions under rule 49.28
Averments where section 11 order sought
No suspension in undefended actions of divorce or dissolution of civil partnerships
Defences in family actions
Abandonment by pursuer
Case management hearing
Pre-proof hearing
Adjustment and further procedure
Lodging of productions and witness lists
Late appearance by defenders
Application of this Part
Applications in actions to which this Part applies
Intimation before committal to care or supervision
Care or supervision orders
Intimation of certain applications to local authorities or other persons
Averments where identity or address of person not known
Applications in depending actions by motion
Applications after decree relating to a section 11 order
Warrants for intimation to child and permission to seek views relating to section 11 order
Views of the child – unopposed minutes relating to a section11 order
Views of the child – craves relating to a section 11 order sought by minuter only
Views of the child – craves relating to a section11 order sought by both minuter and respondent
Applications after decree relating to aliment
Applications after decree by persons over 18 years for aliment
Application and interpretation of this Part
Applications in actions to which this Part applies
Applications in depending actions relating to incidental orders
Applications relating to interim aliment
Applications relating to orders for financial provision
Averments about maintenance orders
Applications after decree relating to agreements or avoidance transactions
Form of applications relating to avoidance transactions
Interpretation of this Part
Applications for financial provision after overseas divorce or annulment
Interpretation of this Part
Applications for financial provision after overseas dissolution or annulment of civil partnership
Interpretation of this Part
Undefended actions of aliment
Applications relating to aliment
Applications relating to agreements on aliment
Application of this Part
Form of applications relating to parental rights
Averments where aliment sought for a child
Defenders in actions for a section 11 order
Applications relating to interim orders in depending actions
Care and supervision by local authorities
Applications after decree
Interpretation of this Part
Form of applications under the Act of 1981
Defenders in causes under the Act of 1981
Applications by motion under the Act of 1981
Procedure for minutes
Sist of actions to enforce occupancy rights
Averments where divorce sought on ground of issue of interim gender recognition certificate
Warrants for arrestment or inhibition on dependence
Certificates of execution of delivery of documents to chief constable
Evidence in causes under the Act of 1981
Interpretation of this Part
Forms of applications under Chapters 3 and 4 of Part 3 of the Act of 2004
Defenders in causes under Chapters 3 and 4 of Part 3 of the CP Act of 2004
Applications by motion under Chapters 3 and 4 of the CP Act of 2004
Procedure for minutes
Sist of actions to enforce occupancy rights
Certificates of execution of delivery to the chief constable
Evidence in causes under Chapter 3 or 4 of Part 3 of the Act of 2004
Application and interpretation of, and directions under, this Part
Form of applications for simplified divorce
Lodging and registration of simplified divorce applications
Warrants for service or intimation of simplified divorce applications
Opposition to simplified divorce applications
Evidence in simplified divorce applications
No reclaiming in simplified divorce applications
Warrants for intimation in family actions
Applications after decree in simplified divorce applications
Application and interpretation of,and directions under, this Part
Form of application for simplified dissolution of a civil partnership
Lodging and registration of simplified dissolution applications
Warrants for service or intimation of simplified dissolution applications
Opposition to simplified dissolution application
Evidence in simplified dissolution applications
No reclaiming in simplified dissolution applications
Applications after decree in simplified dissolution applications
Interpretation of this Part
Restriction of expenses
Effect of maintenance assessments
Effect of maintenance assessments on extracts relating to aliment
Application and interpretation of this Part
Intimation to Principal Reporter
Intimation of decision by Principal Reporter
Application under section 11(1)(d) of the Act of 1995 following order under section 13 of that Act
Directions
Warrants and forms for intimation to a child and for seeking a child’s views
Intimation where relevant association
– (1) The applicant for an order under section 29(2)...
Action for declarator in relation to certain foreign decrees
Interpretation of this Chapter
Parties to, and service and intimation of, actions for declarator
Further advertisement and procedure
Applications for proof
Applications for variation or recall of decrees
Applications for remit from sheriff court
Appointment of judicial factors
Orders against which caveats may be lodged
Application of this Chapter
Consignation of fund and discharge of holder
Claims not timeously lodged
Procedure following approval of fund in medio
Decrees for payment
Reclaiming by claimant against ranking for aught yet seen
Exoneration of holder where no consignation
Parties to actions of multiplepoinding
Condescendence of fund in medio
Objections to actions of multiplepoinding
Advertisement for objections to condescendence and claims
Form of objection to condescendence and claims
Procedure following call for objections
Advertisement of dependence of actions
Evidence of advertisement and intimation
Further restriction as to caveats
Form, lodging and renewal of caveats
Parties to action of proving the tenor
Lodging of supporting evidence
Proof in undefended actions
Conclusions for suspension etc.
Intimation to clerk of inferior court or tribunal
Objection by defenders to production
Production by defenders where no objection
Pursuers to satisfy production
Joint minutes for reduction
Production satisfied by copies
Challenge of deeds or writings ope exceptionis
Form of application to court where proceedings have been taken
Form of application to court where proceedings have not been ...
Application and interpretation of this Chapter
Applications by employees for compensation under section 40 of the Act of 1977
Proceedings for determination of certain disputes
Applications for rectification of Register of Designs or Patents
Counterclaim for rectification of Register of Designs
Appeals and references from Comptroller
Intimation to Comptroller of reclaiming motion
Communication of information to European Patent Office
Intimation and service of certain statutory applications ... for orders for disposal of infringing matter
Applications for leave to proceed
Appeals and references under the Trade Marks Act 1994
Proceedings before intellectual property judge
Requirement for marking
Disapplication of certain rules
Procedure in intellectual property causes
Pleadings in intellectual property causes
Preliminary hearings
Procedural hearings
Pre-proof By Order
Notices to admit and notices of non-admission
Applications for leave to amend specifications
Hearings for further procedure
Failure to comply with rule or order of intellectual property judge
Applications for revocation of patents
Proceedings for infringement
Objections to validity of patent
Determination of question or application where Comptroller declines to deal with it
Applications to apply judgments of the House of Lords
Applications to apply judgments of the Supreme Court
Form of petition for admission as advocate
Disapplication of rules in relation to petitions
Admission as advocate
Application of this Chapter
The permission stage: appeal to the Inner House
The permission stage: where permission is granted
The procedural hearing
The substantive hearing
Additional parties
Transfers to judicial review procedure
Transfers from judicial review procedure
Public interest intervention
Public interest intervention: the minute of intervention
Public interest intervention: the decision of the court
Interpretation
Public interest intervention: form of intervention
The petition
The petition: intimation and service
The petition: transfers to the Upper Tribunal
The petition: participation in the permission stage and intention to contest
The permission stage
The permission stage: requesting an oral hearing
The permission stage: oral hearing
Application and interpretation of this Chapter
Expenses of interveners
Appeals relating to requests for environmental information
Public participation in decisions on specific environmental activities
Contravention of the law relating to the environment
Applications for protective expenses orders
Determination of applications
Terms of protective expenses orders
Expenses protection in reclaiming motions
Expenses of application
Applications for letters of arrestment or inhibition
Application of this Chapter
Form of applications
First order
Further petition following refusal by default
Appointing petition to Adjustment Roll
Suspension of decree of inferior court or tribunal
Interlocutor refusing suspension after proof
Printing and publishing of rolls
Application and interpretation of this Chapter
Issue of official certified copy interlocutor
Judicial factor’s title to act
Remission or modification of penal interest
Applications to encroach on capital
Applications under section 2(3) of the Trusts (Scotland) Act 1961
Applications for special powers or authority under section 5 of ...
Application of this Part
Form of applications under section 11A of the Judicial Factors ...
Intimation and service of section 11A petition
Interim appointment
Application for appointment of judicial factor
Claims
Custody and inspection of inventory of estate, etc.
Administration, deathbed and funeral expenses
Procedure where there are creditors
Notice to creditors
Approval of state of funds or scheme of division
Payment following approval of scheme of division
Partial division on first scheme of division
Procedure where no creditors
Crave to dispense with service on incapax
Disposal of surplus estate
Applications for discharge to Accountant of Court
Appeals against decisions under rule 61.31
Applications for discharge to court
Incidental applications
Intimation and service
Documents for Accountant of Court
Accountant of Court to send information on prior application
Transmission of process to Accountant of Court to find caution
Finding caution
Fixing and allocation of diets in Outer House
Disapplication of certain rules to this Chapter
Application to set aside registration under the 1920 Act or 1933
Registration under the 1996 Convention
Service of warrant for registration under the 1996 Convention
Application for enforcement abroad under the 1920 Act or 1933
Application and interpretation of this Part
Applications for registration under the 1966 Act
Warrant for registration under the 1966 Act
Registration under the 1966 Act
Service on party against whom award made
Sist of enforcement under the 1966 Act
Interpretation of this Part
Register of judgments
Declaration of currency conversion
Applications for registration of EU judgments
Warrant for registration of EU judgments
Registration of EU judgments
Service on judgment debtor of EU judgment
Variation or cancellation of registration
Suspension of enforcement of EU judgments
Application and interpretation of this Part
Disapplication of certain rules to this Part
Enforcement of judgments from another Contracting State
Protective measures and interim interdict
Warrant for registration under the 2005 Hague Convention or the 2019 Hague Convention
Intimation to petitioner
Registration under the 2005 Hague Convention or the 2019 Hague Convention
Service of warrant for registration under the 2005 Hague Convention or the 2019 Hague Convention
Appeals under the 1982 Act, the Council Regulation or the Lugano Convention
Applications to set aside decisions on registration of judgments under the 2005 Hague Convention or the 2019 Hague Convention
Reclaiming under the 1982 Act, the Council Regulation , the 2005 Hague Convention or the Lugano Convention
Recognition of judgments from another Contracting State
Enforcement of judgments from another part of the United Kingdom in Scotland (money provisions)
Enforcement of judgments from another part of the United Kingdom in Scotland (non-money provisions)
Cancellation of registration under the 2005 Hague Convention or the 2019 Hague Convention
Electronic signing and transmission of documents
Application and interpretation of this Part
Enforcement in another Contracting State of Court of Session judgments etc.
Enforcement in another part of the United Kingdom of Court of Session judgments or documents registered for execution (money provisions)
Enforcement in another part of the United Kingdom of Court of Session judgments or documents registered for execution (non-money provisions)
Application and interpretation of this Part
Disapplication of certain rules to this Part
Form of applications
Application and interpretation of this Part
Applications for registration under the Liner Conferences Act
Warrant for registration under the Liner Conferences Act
Registration under the Liner Conferences Act
Interpretation of this Part
Applications for registration under the relevant enactment
Warrant for registration under the relevant enactment
Applications for registration under the 1920 Act or 1933
Registration under the relevant enactment
Service of warrant for registration under the relevant enactment
Further provision as respects warrant for registration
Suspension of enforcement under the Act of ... 1995
Modification and cancellation of registration under the Act of ... 1989 or 1995 or 2000
Incidental applications
Cancellation of registration or variation of property under the Overseas Forfeiture Order of 2005 or the POCA Order of 2005
Registration under the POCA Order in Council of 2005: further provision
Registration of awards under the Multilateral Investment Guarantee Agency Act 1988
Interpretation and application of this Part
Applications for enforcement of a Convention award
Registration of Convention award
Service on party against whom Convention award made
Supporting documents
Application for refusal of recognition or enforcement of a Convention award
Application and interpretation of this Part
Applications under this Part
Recognition, or warrant for registration or for enforcement under this Part
Registration for enforcement under this Part
Service on party against whom award made
Sist of enforcement under this Part
Application and interpretation of this Part
Disapplication of certain rules to this Part
Enforcement of judgments from another Member State
Warrant for registration under the 1920 Act or 1933
Warrant for registration under the Council Regulation
Intimation to the petitioner
Registration under the Council Regulation
Service of warrant for registration under the Council Regulation
Appeals under the Council Regulation
Reclaiming under the Council Regulation
Recognition of judgments from another Member State
Cancellation of registration under the Council Regulation
Recognition and Enforcement in another Member State of Court of Session judgments etc.
Rectification of certificates under Articles 41 and 42 of the Council Regulation
Registration of judgments under the 1920 Act or 1933
Practical arrangements for the exercise of rights of access
Interpretation and application of this Part
Certification of decree in absence or decree by default
Certification of court settlement
Certification of authentic instrument
Certificate of lack or limitation of enforceability
Replacement certificate
Rectification or withdrawal of certificate
Registration for enforcement
Refusal, stay or limitation of enforcement
Service on judgment debtor
Application and interpretation of this Part
General
Recognition application
Application for interim remedy
Application for remedy
Application for confirmation of status of replacement foreign representative
Review application
Application and interpretation of this Part
Enforcement, recognition or non-recognition of measures from a Contracting State
Intimation to the petitioner
Allocation of diets in Inner House
Interpretation of this Part
Form of applications
Service on interested persons
Procedure where no answers lodged
Procedure where answers lodged
Warrants for registration
Advertisement of court orders
Form of petitions under section 1(4) of the Act of 1961
Service on certain persons
Application of this Part
Form and service of application
Determination of petition
Executors of underwriting members of Lloyd’s of London
Application and interpretation of this Part
Proceedings before nominated judge
Remit to Inner House
Putting out causes for proof, jury trial or hearing
Interpretation of this Chapter
Applications for reference
Preparation of case for reference
Sist of cause
Transmission of reference
Interpretation of this Chapter
Disapplication of certain rules to this Chapter
Form of applications under the Act of 1975
Intimation of order and citation
Variation or recall of orders
Procedure where witness claims he is not compellable
Applications for evidence for proceedings under the European Patent Convention
Application and interpretation
Protection of identity of petitioner
Appointment of curator ad litem and reporting officer
Duties of reporting officer and curator ad litem
Consents
Intimation and hearing of adoption petition
Order for intimation
Procedure where child wishes to express a view
Hearing on By Order Roll
Pre-proof hearing
Communication to the Registrar General
Disapplication of certain rules to this Chapter
Adoption orders
Final procedure
Amendment of adoption order
Applications under sections 20 to 24 of the 2007 Act
Interpretation
Application for a Convention adoption order
Application of Part 2 to this Part
Annulment etc. of overseas adoptions
Application for permanence order
Appointment of curator ad litem and reporting officer
Confidentiality of documents in process
Intimation of application
Hearing on the By Order Roll
Pre-proof hearing
Final procedure
Variation of ancillary provisions in order
Amendment of order to grant authority for child to be adopted
Revocation
Protection of address of child
Duties of reporting officer and curator ad litem
Consents
Selection of reporting officer or curator ad litem
Procedure where child wishes to express a view
Procedure where leave of court required
Intimation to Principal Reporter
Report of children’s hearing
Interim orders
Orders for evidence
Intimation to Principal Reporter
Expenses
Application for adoption order
Additional requirements where child to be adopted abroad
Application and interpretation of this Chapter
Applications and appeals under the Act of 1980
Applications for admission as notary public
Intimation and service in causes under this Chapter
Procedure after order for intimation and service
Appeals under section 54(1) of the Act of 1980
Remits for further inquiry
Interpretation of this Chapter
Postponement of trial
Procedure where seat claimed
Evidence under section 139(5) of the Act of 1983
Lodging of statement of evidence to be led
Evidence at trial
Warrant to cite witnesses
Clerk of court at trial
Expenses of witnesses
Applications for special case
Applications for leave to withdraw election petitions
Form of election petitions
Applications to be substituted as petitioner on withdrawal
Hearing of applications for leave to withdraw
Security of substituted petitioner
Death of petitioner
Applications to be substituted on death of petitioner
Notice that respondent does not oppose
Death, peerage or resignation of respondent
Applications to be admitted as respondent
Expenses in election petitions
Motions in election petitions
Presentation of petition
Intimation to Lord Advocate
Evidence of publication by returning officer
Security for expenses
Service and intimation of election petition
Objections to form of security
Consequences of failure to give security etc.
List of election petitions
Time and place of trial
Interpretation of this Chapter
Period of notice, service of causes and hearings under this Part
Registration
Other proceedings
Transfers
Variation and revocation of registered decision
Application and interpretation of this Part
Warrants and forms for intimation to a child and for seeking a child’s views
Views of child
Continuations
Recording of hearings under Article 12 of the Hague Convention
Order under Article 13 of the Hague Convention
Applications for certified copy or extract
Disclosure of information
Form of applications under this Part
Period of notice, service of causes and hearings under this Part
Notice of other proceedings
Transfer of causes
Form of applications under this Part
Applications for extracts
Warrants for execution
Official certified copy interlocutors
Interpretation of this Chapter
Applications for interdict under section 35(3) of the Act of 1986
Part I orders register
Applications for registration of Part I orders in another court
Transmission of applications for registration
Registration of Part I orders from another court
Cancellation or variation of registered Part I orders
Enforcement of registered Part I orders in Scotland
Applications to sist or refuse enforcement proceedings
Orders for disclosure of information
Extracts of decrees in certain family actions
Interpretation of this Chapter
Determination etc. under section 66: appeals and referrals
Remit of application under section 211(1)
Amendments to principal writ
Application of this Chapter
Form of applications
Return of steps of process and borrowing productions
Application and interpretation of this Chapter
Form of petition in administration procedure
Interim orders
Notice of petition
Report of proposals of administrator
Report of administrator’s proposals: Schedule B1 to the Act of 1986
Time and date of lodging in administration , energy administration or postal administration
Applications during an administration, energy administration or postal administration
Application for administration by a bank liquidator
Interpretation of this Part
Petition to appoint a receiver
Intimation, service and advertisement under this Part
Form of other applications and appeals
Proceedings before insolvency judge
Interpretation of this Part
Application to disapply restrictions on winding-up petitions
Petition to wind up a company
Intimation, service and advertisement under this Part
Remits from one court to another
Substitution of creditor or contributory for petitioner
Provisional liquidator
Appointment of a liquidator
Applications and appeals in relation to a statement of affairs or accounts
Appeals against adjudication of claims
Appeals against valuation of debts
Removal of liquidator
Notices and reports, etc., sent to the court
Appeals and applications in relation to outlays and remuneration of liquidator
Applications under section 176A of the Act of 1986
Application to appoint a special manager
Determinations of accounting periods
Specific applications – voluntary winding up
Other applications – voluntary winding up
Other applications – winding up by the court
Replacement liquidators: block transfer orders
Approval of the voluntary winding up of a bank or building society
Applications in relation to disqalification orders or undertakings
Intimation, service and advertisement under this Part
Petition for bank insolvency
Intimation, service and advertisement under this Part
Provisional bank liquidator
Applications and appeals in relation to a statement of affairs
Appeals against adjudication of claims
Replacement office-holders and liquidators: block transfer orders
Decision making
Moratoriums — general
Moratoriums — service
Moratoriums – regulated companies
Moratoriums – challenge to monitor’s remuneration
Lodging of nominee’s report (company not in liquidation etc.)
Removal of bank liquidator
Application in relation to remuneration of bank liquidator
Applications under section 176A of the Act of 1986
Applications to appoint a special manager
Other applications
Petition for bank administration
Hearing of petition
Provisional bank administrator
Report of bank administrator’s proposals: Schedule B1 to the Act of 1986
Time and date of lodging in a bank administration
Lodging of nominee’s report (company in liquidation etc.)
Applications during a bank administration
Application of rules to building society special administration
Application of rules to building society insolvency
Interpretation and application of other rules
Application for special administration order, special administration (bank insolvency) order and special administration (bank administration) order
Intimation, service and advertisement under this Part
Person appointed under section 135 of the Act of 1986, as applied
Report of administrator’s proposals: Schedule B1 to the Act of 1986
Time and date of lodging in special administration etc.
Appeals against adjudication of claims
Inspection of nominee’s report
Applications under section 176A of the Act of 1986
Applications during a special administration etc.
Interpretation of this Part
Application and interpretation of other rules
Application for special administration order
Advertisement of petition under rule 74.64(1)
Period of notice for lodging answers to petition under rule 74.64(1)
Time and date of lodging
Appeal against adjudication of claim
Application under section 176A of the Act of 1986
Report of meetings and decisions to approve arrangement
Form of other applications and appeals
Notice of termination or implementation of arrangement
Form of other applications
Application and interpretation of this Chapter
Applications
Decrees for payment in foreign currency
Application and interpretation of this Part
Form of applications under the Act of 1986
Intimation and service
Questions relating to interpretation of rules or regulations
Interpretation of this Part
Form of applications under the Regulations of 1995
Intimation and service
Questions relating to interpretation of rules of an operator
Decrees of adjudication
Interpretation of this Part
Documents for Accountant of Court
Procedure for finding caution
Administrator’s title to act
Duties of administrator
State of funds and scheme of division
Objections to scheme of division
Application for discharge of administrator
Appeals against determination of outlays and remuneration
Remits from High Court of Justiciary
Application and interpretation of this Part
Disapplication of certain rules to this Part
Disapplication of certain rules to this Part
Applications for restraint orders
Applications in relation to protective measures
Applications for compensation
Powers and duties of adminsistrator
Duties of administrator in relation to accounts
Money received by administrator
Interpretation and application of this Part
Restraint and administration orders
Documents for Accountant of Court
Applications for restraint orders
Procedure for fixing and finding caution
Time for finding caution
Administrator’s title to act
Accounts
Application for discharge of administrator
Appeals against determination of outlays and remuneration
Applications
Applications for a recovery order – heritable property
Disclosure orders
Evidence overseas
Unexplained wealth orders and interim freezing orders
Co-operation
Applications in relation to protective measures
Applications for ... compensation
Applications for disclosure of information by government departments
Applications for appointment of administrators
Incidental applications in an administration
Requirements where order to facilitate realisation of property considered
Interpretation of this Chapter
Interpretation of this Chapter
Serious Crime Prevention Orders: petitions
Third party representations
Variation or discharge of a serious crime prevention order
Interest
Application of this Chapter
Transfer to another Lord Ordinary
Agreement to adopt summary trial procedure in action in dependence
Disapplication of certain rules to this Chapter
Form of petition
Presentation to Lord Ordinary
Procedure in summary trials
Recording of evidence at proof
Reports to Inner House
Disposal of petitions
Finality of interlocutors
Fees for extracts to be included in extracts
Application of this Chapter
Lodging and hearing of special case
Amendment of case
Appointment of curator ad litem to party incapax
Form of extracts
Application and interpretation of this Chapter
Form of applications etc.
Time-limit for applications
Application and interpretation of this Chapter
Applications and appeals in respect of qualified conveyancers and executry practitioners
Intimation and service in petitions under this Chapter
Procedure after order for intimation and service
Remit for further inquiry in petitions under this Chapter
Certificates by officer of Revenue and Customs
Application and interpretation
Evidence of judgments etc
Declarations and declarators
Within 14 days after the date of service of the...
The court may fix a diet for a hearing on...
Application of this Chapter
Warrant for messengers-at-arms to assist in investigation
Giving notice of grant of warrant
Interpretation of this Chapter
Power and duties of administrator
Applications for variation or recall of restraint order
Interpretation and application of this Chapter
Attachment of power of arrest to interdict
Extension or recall of power of arrest
Documents to be delivered to chief constable in relation to recall or variation of interdict
Certificate of delivery of documents to chief constable
Interpretation and application of this Chapter
Applications for determination that an interdict is a domestic abuse interdict
Application and interpretation of this Chapter
Disapplication of certain rules to this Chapter
Applications for warrants
Hearing of petition
Form of warrants
Service of copy petition and interlocutor
Interpretation of this Chapter
Recovery of evidence
Applications in relation to alleged cartel leniency statement or settlement submission
Intimation of actions to the Office of Fair Trading
Interpretation
Transfers of cases involving matters of parental responsibility
Transfers where proceedings ongoing in the sheriff court
Requests to accept transfer from a court in another Member State
Application for transfer of case involving parental responsibilities to foreign court
Placement of child in another Member State
Interpretation and application of this Chapter
Recording
Petitions
Initial diets
Appeals
Appointment of special advocates
Special advocates: further provisions
Permission not to disclose relevant material etc.
Anonymity
Exclusion from diets or hearings etc.
Applications
Transmission of records
Interpretation of this Chapter
References by Secretary of State
Applications to quash decisions
Retransmission of processes to Office of Court
Applications
Application for live link
Interpretation and application
Application to intervene
Invitation to intervene
Form of intervention
Interpretation
Reports to the Court of Session under schedules 2 and 3 to the Act of 2006
Application to intervene
Invitation to intervene
Form of intervention
Interpretation and application of this Chapter
Special advocates: communication about proceedings
Exclusion from hearings
Opinions of the court
Recording of financial restrictions proceedings or sanctions decision proceedings
Application to set aside a financial restrictions decision or sanctions decision
Lodging of process
Disclosure
Applications for permission not to disclose material
Hearing on applications for permission not to disclose material
Summary of material
Election by the appropriate Minister not to disclose material or to provide summary
Appointment of special advocates
Application and interpretation
Agreement
Procedure where child wishes to express a view
Hearing
Applications under sections 22 and 24 of the 2007 Act
Amendment of parental order
Communication to the Registrar General
Extract of order
Final procedure
Disapplication of certain rules
Application for a parental order
Confidentiality of documents in process
Orders for evidence
Expenses
Protection of identity of petitioners
Appointment of curator ad litem and reporting officer
Duties of a reporting officer and curator ad litem
Applications
Applications for interdict against unknown persons
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