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Rule 3.50.7 Procedure where no notice of opposition is lodgedF1F2

Where no notice of opposition has been lodged with the court within the period of notice—

(a)

the pursuer may return the application, together with a completed certificate of service, to the sheriff clerk requesting that the sheriff make an order granting the application in absence; and

(b)

the sheriff may, thereafter—

(i)

determine the application without a hearing; and

(ii)

grant decree in absence.

Annotations

Textual amendments

F1

Ch. 3 Pt. 50 inserted (19.1.2018) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Transfer from Lands Tribunal for Scotland) 2017 (S.S.I. 2017/459), paras. 1(2), 2(2)

F2

Rules 3.50.3-3.50.7 inserted (2.10.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023 (S.S.I. 2023/223), paras. 1(2), 2(3)(c)

Notes on Chapter PART L

Textual amendments

F2

Pt. 50 heading substituted (2.10.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023 (S.S.I. 2023/223), paras. 1(2), 2(3)(a)