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Paragraph 9.2 Purpose of the Hearing

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

(1)

If, at the Hearing, the sheriff is satisfied that the claim is incompetent or that there is a patent defect of jurisdiction, he must grant decree of dismissal in favour of the defender or, if appropriate, transfer the claim in terms of rule 15.1(2).

(2)

At the Hearing, the sheriff shall–

(a)

ascertain the factual basis of the claim and any defence, and the legal basis on which the claim and defence are proceeding; and

(b)

seek to negotiate and secure settlement of the claim between the parties.

(3)

If the sheriff cannot secure settlement of the claim between the parties, he shall–

(a)

identify and note on the summons the issues of fact and law which are in dispute;

(b)

note on the summons any facts which are agreed; and

(c)

if possible reach a decision on the whole dispute on the basis of the information before him.

(4)

Where evidence requires to be led for the purposes of reaching a decision on the dispute, the sheriff shall–

(a)

direct parties to lead evidence on the disputed issues of fact which he has noted on the summons;

(b)

indicate to the parties the matters of fact that require to be proved, and may give guidance on the nature of the evidence to be led; and

(c)

fix a hearing on evidence for a later date for that purpose.