# Act of Sederunt (Small Claim Rules) 1988, Paragraph 13: Conduct of preliminary hearing


(1) Subject to paragraph (2) of this rule, where the defender has delivered a form of response to the sheriff clerk in accordance with rule 8(1) above but does not appear and has not stated a defence, decree may be granted against the defender in terms of the summons.
(2) The sheriff shall not grant decree under paragraph (1) of this rule unless it is clear from the terms of the summons that a ground of jurisdiction exists.
(3) Where the pursuer does not appear or is not represented at the preliminary hearing at which the defender is present or represented and if a defence has not been stated, the court shall grant decree absolving the defender.
(4) Where, at the preliminary hearing, the sheriff is satisfied that the small claim is incompetent or that there is a patent defect of jurisdiction, he may grant decree of dismissal in favour of the defender.
(5) At the preliminary hearing, the sheriff shall ascertain from the parties or their representatives what the disputed issues in the small claim are and shall make a note of them on the summons; and it shall thereafter be unnecessary for a party to satisfy the sheriff on any issue which is not noted as a disputed issue.
(6) Where the sheriff is satisfied that the facts are sufficiently admitted, he may decide the small claim on the merits at the preliminary hearing and if appropriate make an award of expenses.
(7) If, at the preliminary hearing or at any subsequent stage of the small claim, a disputed issue noted by the sheriff is the quality or condition of an object, the sheriff may inspect the object in the presence of the parties or their representatives in court or, if it is not practicable to bring the object to court, at the place where the object is located.
(8) The sheriff may, if he considers it appropriate, inspect any place material to the disputed issues in the presence of the parties or their representatives.
(9) The sheriff may, on the joint motion of the parties, if he considers it to be appropriate, remit to any suitable person to report on any matter of fact.
(10) Where a remit is made under paragraph (9) of this rule, the report of such person shall be final and conclusive with respect to the matter of fact which is the subject of the remit.
(11) A remit shall not be made under paragraph (9) of this rule unless parties have previously agreed the basis upon which the fees, if any, of such person shall be met by them.
(12) Where any issue of fact between the parties is still disputed, the sheriff shall appoint a date for a hearing.

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Source: https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/13 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.