# Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999, Rule 3.4.8


(1) This rule applies to a recall of decree application.
(2) Such application is to be made by lodging a minute in Form 11F.
(3) On a Form 11F being lodged, the sheriff clerk must fix a hearing of the recall of decree application.
(4) Where a hearing has been fixed under paragraph (3) the person seeking recall must, not less than seven days before the date fixed for the hearing, serve upon every party and intimate to every entitled resident—
(a) a copy of the recall of decree application;
(b) a note of the date, time and place of the hearing.
(4A) Where service or intimation under this rule is to be made to a party represented in the cause by a solicitor, a notice sent to such party’s solicitor shall be held to be notice to the party.
(5) At a hearing fixed under paragraph (3), the sheriff must recall the decree so far as not implemented and the hearing will then proceed as a hearing held under rule 3.4.4(a).
(6) A minute for recall of a decree, when lodged and served or intimated in terms of this rule, will have the effect of preventing any further action being taken to enforce the decree.
(7) If it appears to the sheriff that there has been any failure or irregularity in service or intimation of the minute for recall of a decree, the sheriff may order re-service or re-intimation of the minute (as the case may be) on such conditions as he or she thinks fit.
(8) Where the person seeking recall does not appear or is not represented at the hearing for recall, the sheriff will pronounce an interlocutor ordaining that person to appear or be represented at a peremptory diet fixed by the sheriff to state whether or not that person intends to proceed with the person’s defence or application, under certification that if that person fails to do so the sheriff may grant decree or make such other order or finding as the sheriff thinks fit.
(9) The diet fixed in the interlocutor under paragraph (8) must not be less than 14 days after the date of the interlocutor unless the sheriff otherwise orders.
(10) The sheriff must appoint a party to intimate to the person seeking recall a copy of the interlocutor and a notice in Form 11G.
(11) Where a person on whom a notice and interlocutor has been intimated under paragraph (10) fails to appear or be represented at a diet fixed under paragraph (8) and to state his or her intention as required by that paragraph, the sheriff may grant decree of new or make such other order or finding as the sheriff thinks fit.

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Source: https://www.legislation.gov.uk/uksi/1999/929/rule/3.4.8 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/rule-3.4.8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.