Part 9: Additional Orders Applications F1
Scotland
| 9.1 | What is this Part about? | |
| (1) | This Part is about applications which the parties may make to the court to ask for things to be done in a case (additional orders to those mentioned in Part 8). | |
| 9.2 | How do you ask for orders to be made? | |
| (1) | A party may apply for an order by: | |
| (a) | asking the sheriff to make an order in person at a case management discussion or hearing, or | |
| (b) | completing an Additional Orders Application and sending it to the court (see rule 9.3). | |
| 9.3 | How do you complete an Additional Orders Application? | |
| (1) | A party may apply for an order by sending the other party an Additional Orders Application unless it is not possible to send it to the other party. | |
| (2) | That party must, at the same time, send the court a copy of the Additional Orders Application with evidence that it was sent to the other party (for example, a postal receipt or copy of an email) or, if it is not possible to send it to the other party, with an explanation of why it is not possible to send it to the other party. | |
| (3) | The Additional Orders Application must set out: | |
| (a) | the order the party wants the sheriff to make, and | |
| (b) | why the party thinks the sheriff should make the orders. | |
| 9.4 | How do you object to an Additional Orders Application? | |
| (1) | If the party who has been sent the Additional Orders Application objects to the order requested, that party must do two things: | |
| (a) | set out the objection in the Additional Orders Application, and | |
| (b) | send the Additional Orders Application to the court and the other party within 10 days of the Additional Orders Application being sent. | |
| 9.5 | What will the court do with an Additional Orders Application? | |
| (1) | The sheriff will consider the Additional Orders Application and any objection to it. | |
| (2) | The sheriff may: | |
| (a) | grant the Additional Orders Application, or part of it, and give written orders to the parties, | |
| (b) | refuse the Additional Orders Application, and make no orders, or | |
| (c) | order the parties to appear at a discussion in court, where the sheriff will consider whether to make any orders. | |
| Pausing cases | ||
| 9.6 | What happens if a case is paused? | |
| (1) | If a case is paused, then any discussions or hearings in the case are cancelled and the case will not progress until it is restarted. | |
| 9.7 | What can the court do with a paused case? | |
| (1) | The sheriff clerk must present to the sheriff a case which has been paused for 6 months or more. | |
| (2) | The sheriff may then formally serve on the parties written orders which provide that unless a party does something or takes a step, then the sheriff may dismiss the claim. | |
| (3) | An order made under paragraph (2) must be formally served by the sheriff clerk on the party given the order unless the sheriff directs otherwise. | |
| (4) | If that party does not do the thing or take the step ordered, 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. | |
| Miscellaneous applications | ||
| 9.8 | How can a person become an additional respondent in a case? | |
| (1) | A person who is not a respondent may apply to become a respondent in a case by sending an Additional Orders Application to the court and all parties (see rule 9.3). | |
| (2) | The Additional Orders Application must set out why that person has an interest in becoming a respondent. | |
| (3) | The Additional Orders Application must have attached to it a draft Response Form. | |
| (4) | The sheriff may grant the application without a discussion in court, but must order a discussion if considering refusing the application. | |
| (5) | If ordering a discussion in court, the sheriff must also order the person wishing to become a respondent to formally serve a copy of the notice of the discussion on all of the parties. | |
| (6) | If granting the application, the sheriff must give orders allowing the additional respondent to participate in the case as a respondent. | |
| (7) | The sheriff clerk may formally serve the copy of the notice of the discussion if the person wishing to become a respondent is: | |
| (a) | not a company, limited liability partnership or partnership, and | |
| (b) | is not legally represented. | |
| 9.9 | What can happen if a party dies or becomes legally incapacitated? | |
| (1) | If a party dies or becomes legally incapacitated before a sheriff decides a case, then a person who asserts a right to represent that party or that party’s estate may apply to represent that party by sending an Additional Orders Application to the court (see rule 9.3). | |
| (2) | The Additional Orders Application must set out why that person should be allowed to represent that party or that party’s estate. | |
Annotations
Textual amendments
- F1
Sch. 1 Pt. 9 substituted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(o) (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))