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Paragraph 33 Incidental applications

Original text. Later amendments are not shown.

(1)

Except where otherwise provided, any incidental application in a small claim shall be lodged with the sheriff clerk and shall only be heard after two days' notice has been given to the other party.

(2)

A party who is not—

(a)

a partnership or a body corporate; or

(b)

acting in a representative capacity,

and is not represented by a solicitor, may require the sheriff clerk to intimate to the other party a copy of an incidental application.

(3)

The sheriff clerk shall keep a book to be known as the Book of Incidental Applications in Small Claims in which shall be entered all applications incidental to a small claim, other than minutes under rule 10(1), 11(1) or 27(1) above or under rule 92(1) of the Summary Cause Rules (applications in same cause for variation etc of decree), and in which shall be set forth the following particulars, where appropriate—

(a)

the names of the parties together with a clear reference to the entry in the Book of Small Claims;

(b)

whether parties are present or absent at the hearing of the application, and the names of their representatives;

(c)

the nature of the application; and

(d)

the interlocutor issued or order made.

(4)

The Book of Incidental Applications in Small Claims shall be—

(a)

signed by the sheriff on each day on which incidental applications are heard; and

(b)

be open for inspection during normal business hours to all concerned without fee.