Rule 7.4 Determination of applications and remitsI1

Scotland

(1)

When an application or a remit is lodged, the sheriff is to make—

(a)

an order for intimation to any person who appears to the sheriff to have an interest in it;

(b)

an order specifying how it is to be determined.

(2)

A certificate of intimation in Form 5.7 must be lodged within 14 days after the date of intimation by—

(a)

in the case of an application, the applicant;

(b)

in the case of a remit, AiB.

(3)

Without prejudice to the generality of paragraph (1), where—

(a)

an application, or a remitted application, is unopposed, the sheriff is to dispose of it in chambers without the appearance of parties, unless the sheriff otherwise determines;

(b)

the sheriff requires to hear parties on an application or remit, the sheriff clerk is to fix a hearing and intimate the date and time of the hearing to the parties.

(4)

Where an order is granted disposing of an application or a remit in accordance with paragraph (3)(a), the sheriff clerk is to intimate the order to the parties.

Annotations

Commencement

I1: Rule 7.4 in force at 30.11.2016, see rule 1.1(2)