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Paragraph 22.1 Decree by default

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

(1)

If, after a proof has been fixed under rule 8.3(3)(d), a party fails to appear at a hearing where required to do so, the sheriff may grant decree by default.

(2)

If all parties fail to appear at a hearing or proof where required to do so, the sheriff must, unless sufficient reason appears to the contrary, dismiss the action and any counterclaim.

(3)

If, after a proof has been fixed under rule 8.3(3)(d), a party fails to implement an order of the court, the sheriff may, after giving him an opportunity to be heard, grant decree by default.

(4)

The sheriff shall not grant decree by default solely on the ground that a party has failed to appear at the hearing of an incidental application.