Rule 3.2 Sanctions where a party is in defaultI1

Scotland

(1)

This rule—

(a)

applies where a party is in default; but

(b)

does not apply where a party is in default because the party has failed to comply with rule 12.4(1) (peremptory hearing).

(2)

The sheriff may make any order to secure the expeditious disposal of the proceedings.

(3)

In particular, the sheriff may—

(a)

refuse the appeal, application or petition, if the party in default is the appellant, applicant or petitioner;

(b)

allow the appeal, application or petition, if the condition in paragraph (4) is satisfied, where—

(i)

the party in default is the sole respondent; or

(ii)

every respondent is in default.

(4)

The condition is that the appellant, applicant or petitioner must show cause why the appeal, application or petition should be allowed.

Annotations