Paragraph 33.36A Fixing of date and time for Initial Case Management HearingF1

(1)

On the lodging of a notice of intention to defend under rule 33.34 (notice of intention to defend and defences etc.), the sheriff clerk must fix a date and time for an Initial Case Management Hearing which date must be on the first suitable court day occurring not sooner than 21 days and not later than 49 days after the last date for the lodging of the notice of intention to defend.

(2)

In cases involving a crave for a section 11 order the sheriff must have regard to holding the Initial Case Management Hearing and the Child Welfare Hearing at the same time.

(3)

On fixing the date for Initial Case Management Hearing, the sheriff clerk must—

(a)

intimate forthwith to the parties in Form G5A—

(i)

the last date for lodging defences;

(ii)

the date for the return of the initial writ;

(iii)

the date of the Initial Case Management Hearing;

(iv)

whether the Child Welfare Hearing is to be held at the same time with the Initial Case Management Hearing;

(b)

prepare an interlocutor addressing all of the matters in sub-paragraph (a) for the sheriff to sign.

(4)

The fixing of the date of the Initial Case Management Hearing does not affect the right of a party to make any incidental application to the court.

Annotations

Textual amendments

F1: Sch. 1 rules 33.36A-33.36Q inserted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(17) (with para. 3)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5