Rule 3.5.4 Procedure where leave of court requiredI1

Where leave of the court is required under the 1988 Act before the action may proceed, the pursuer shall lodge along with the initial writ or summons a motion or incidental application, as the case may be, stating the grounds upon which leave is sought.

The sheriff may hear the pursuer on the motion or incidental application and may grant or refuse it or make such other order in relation to it as he considers appropriate prior to determination.

Where such motion or incidental application is granted, a copy of the sheriff’s interlocutor shall be served upon the defender along with the warrant of citation.