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Paragraph 9.1 The Hearing

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

(1)

Where a defender intends to–

(a)

challenge the jurisdiction of the court;

(b)

state a defence (including, where appropriate, a counterclaim); or

(c)

dispute the amount of the claim,

he must complete the form of response part of Form 1a or 1b as appropriate indicating that intention and lodge it with the sheriff clerk on or before the return day.

(2)

Where the defender has lodged a form of response in accordance with paragraph (1) the claim will call in court for a hearing (“the Hearing”).

(3)

The Hearing shall be held on the hearing date which shall be seven days after the return day.

(4)

If the claim is not resolved at the Hearing, the sheriff may continue the Hearing to such other date as he considers to be appropriate.

(5)

The defender must attend or be represented at the Hearing and the sheriff shall note any challenge, defence or dispute, as the case may be, on the summons.

(6)

Where at the Hearing the defender–

(a)

does not appear or is not represented; and

(b)

the pursuer is present or is represented,

decree may be granted against the defender in terms of the summons.

(7)

Where at the Hearing–

(a)

the pursuer does not appear or is not represented; and

(b)

the defender is present or represented,

the sheriff may grant decree of dismissal.

(8)

If all parties fail to appear at the Hearing, the sheriff shall, unless sufficient reason appears to the contrary, dismiss the claim.