Part 8: Orders
| 8.1 | What is this Part about? | |
|---|---|---|
| (1) | This Part is about the orders which the sheriff can give to manage or decide a case. | |
| 8.2 | What are orders? | |
| (1) | Orders are the way that the sheriff uses the powers of the sheriff to manage or decide a case. | |
| (2) | Orders may be given to the parties in writing, using the Order of the Sheriff Form. | |
| (3) | Orders may be given to the parties in person at a hearing, case management discussion or discussion in court. | |
| (4) | Written orders must be signed or authenticated electronically by either the sheriff or the sheriff clerk. | |
| 8.3 | What are standard orders? | |
| (1) | There are standard orders which the sheriff may give in typical situations. | |
| (2) | The sheriff may F1...: | |
| (a) | give parties a standard order, | |
| (b) | give parties an amended version of a standard order, or | |
| (c) | give parties an order customised to their case. | |
| 8.4 | What are unless orders? | |
| (1) | The sheriff may give a party an order which states that unless that party does something or takes a step, then the sheriff will make a decision in the case, including: | |
| (a) | dismissing the claim, | |
| (b) | awarding the claimant some or all of what was asked for in the Claim Form. | |
| (2) | If that party does not do the thing or take the step that the party was ordered to, then the decision in the case must be made. | |
| F2(3) | An order made under paragraph (1) must be formally served by the sheriff clerk on the party given the order unless the sheriff directs otherwise. | |
| 8.5 | What if a party does not follow an order? | |
| (1) | Where a party does not follow an order the sheriff may make a decision in the case, including: | |
| (a) | dismissing the claim or part of the claim, | |
| (b) | awarding the claimant some or all of what was asked for in the Claim Form. | |
Annotations
Textual amendments
- F1
Words in sch. 1 rule 8.3(2) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(m) (with para. 3)
- F2
Sch. 1 rule 8.4(3) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(n) (with para. 3)
Notes on Schedule 1
Modifications
- C1
Sch. 1 modified (temp.) (1.12.2020) by Act of Sederunt (Simple Procedure Amendment) (Civil Online) 2020 (S.S.I. 2020/293), paras. 1(2), 2(3) (with para. 1(3))