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Paragraph 8.1 Undefended claim

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

(1)

Where the defender has not lodged a form of response on or before the return day, the claim shall not require to call in court.

(2)

Where paragraph (1) applies, the pursuer must lodge a minute in Form 11 before the sheriff clerk’s office closes for business on the second day before the date set for the hearing.

(3)

Where the pursuer has lodged a minute in accordance with paragraph (2), the sheriff may grant decree or other competent order sought in terms of that minute.

(4)

Where the pursuer has not lodged a minute in accordance with paragraph (2), the sheriff must dismiss the claim.