Paragraph 33.36K Alteration of date and time for Full Case Management HearingF1

(1)

Subject to paragraph (2), at any time before the date and time fixed under rule 33.36J (Initial Case Management Hearing) or under this rule, the sheriff may, of the sheriff’s own motion, on the motion of any party or on the joint motion of the parties—

(a)

discharge the Full Case Management Hearing; and

(b)

fix a new date and time for a Full Case Management Hearing.

(2)

The date and time of any hearing to be fixed under paragraph (1)(b) may be earlier or later than the date and time fixed for the discharged hearing, but must be fixed for a date within the relevant period specified in rule 33.36J(4) or the first available court date thereafter.

(3)

Where the sheriff is considering making an order under paragraph (1) of the sheriff’s own motion and in the absence of the parties, the sheriff clerk must—

(a)

fix a date, time and place for the parties to be heard;

(b)

prepare an interlocutor recording those dates, times and places for the sheriff to sign.

(4)

The sheriff may discharge a hearing fixed under paragraph (3) on the joint motion of the parties.

(5)

On the discharge of a hearing under paragraph (1)(a) or paragraph (4), the sheriff clerk must forthwith intimate to all parties—

(a)

that the hearing has been discharged under paragraph (1)(a) or, as the case may be, paragraph (4);

(b)

the last date for lodging a note of basis of preliminary pleas, if appropriate;

(c)

the last date for adjustment, if appropriate;

(d)

the last date for lodging a copy of the record, if appropriate;

(e)

the new date and time fixed for the hearing under paragraph (1)(b).

(6)

Any reference in these Rules to the Full Case Management Hearing includes a reference to a Full Case Management Hearing for which a date and time has been fixed under this rule.

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