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Paragraph 8.2 Procedure in defended action

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

(1)

Where the defender has lodged a form of response in accordance with rule 8.1(1) the action will call in court for a hearing.

(2)

The hearing shall be held on the calling date.

(3)

The sheriff may continue the hearing to such other date as he considers appropriate.

(4)

The defender must either be present or be represented at the hearing.

(5)

Where the defender–

(a)

does not appear or is not represented; and

(b)

the pursuer is present or is represented,

decree may be granted against the defender in terms of the summons.

(6)

Where at the hearing–

(a)

the pursuer does not appear or is not represented; and

(b)

the defender is present or represented,

the sheriff shall dismiss the action and may grant decree in terms of any counterclaim.

(7)

If all parties fail to appear at the hearing, the sheriff shall, unless sufficient reason appears to the contrary, dismiss the action and any counterclaim.