# Act of Sederunt (Small Claim Rules) 1988, Paragraph 12: Preliminary hearing


(1) A preliminary hearing shall be held where—
(a) the defender has intimated his intention to appear in accordance with rule 8(1) above; or
(b) the defender has made an application for a time to pay direction (including, where appropriate, an application for recall or restriction of an arrestment) in accordance with rule 9 above which the pursuer does not accept.
(2) The preliminary hearing shall be held seven days after the return date, and may be continued to such other date as the court shall consider appropriate.
(3) The sheriff clerk shall insert in the summons the date for the preliminary hearing.
(4) Where the defender has delivered a form of response to the sheriff clerk in accordance with rule 8(1)(a), (b) or (c) above, he shall attend or be represented at the preliminary hearing and state his defence to the court (which shall be noted by the sheriff on the summons).
(5) Where the defender has delivered a form of response to the sheriff clerk in accordance with rule 8(1)(d) above, he shall attend or be represented at the preliminary hearing and may make oral representations in support of his application.
(6) Where the defender has delivered a form of response to the sheriff clerk in accordance with rule 9 above which the pursuer has not accepted, the sheriff shall make such order on the defender’s application as he considers appropriate.

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Source: https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/12 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.