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Paragraph 15.2 Remit between procedures

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the sheriff makes a direction that a claim is to be treated as an ordinary cause, he must, at the time of making that direction–

(a)

direct the pursuer to lodge an initial writ, and intimate it to every other party, within 14 days of the date of the direction;

(b)

direct the defender to lodge defences within 28 days of the date of the direction; and

(c)

fix a date and time for an Options Hearing and that date shall be the first suitable court day occurring not sooner than ten weeks, or such lesser period as he considers appropriate, after the last date for lodging the initial writ.

(2)

If the sheriff directs that a claim is to be treated as a summary cause he must specify the next step of procedure to be followed.

(3)

If the sheriff directs that an ordinary cause or a summary cause is to be treated as a claim under these rules it shall call for the Hearing held in terms of rule 9.1(2).