# Sheriff Courts (Scotland) Act 1907, Paragraph 36.E1: Application of other rules

Extent: S

(1) A defended personal injuries action will, instead of proceeding in accordance with Chapter 9 (standard procedure in defended causes), proceed in accordance with personal injuries procedure.
(2) But paragraph (1) does not apply to a personal injuries action following its appointment to the procedure in Chapter 36A under rule 36.C1, 36.F1 or 36A.1.
(3) Paragraphs (4) to (17) apply to a personal injuries action proceeding in accordance with personal injuries procedure but cease to apply when an action is appointed to the procedure in Chapter 36A.
(4) Despite paragraph (1), the following rules of Chapter 9 apply—
(a) rule 9.1 (notice of intention to defend);
(b) rule 9.3 (return of initial writ);
(c) rule 9.5 (process folder);
(d) rule 9.6 (defences); and
(e) rule 9.7 (implied admissions).
(5) But the defences will not include a note of pleas-in-law.
(6) In the application of rule 18.3(1) (applications to amend), a minute of amendment lodged in process must include, where appropriate, confirmation as to whether any warrants are sought under rule 36.B1(2)(a) (warrants for intimation) or whether a specification of documents is sought under rule 36.B1(2)(b) (specification of documents).
(7) In the application of rule 18.5(1)(a) (service of amended pleadings), the sheriff must order any timetable issued in terms of rule 36.G1 to be served together with a copy of the initial writ or record.
(8) Rule 18.5(3) (fixing of hearing following service of amended pleadings and lodging of notice of intention to defend) does not apply.
(9) In the application of rule 19.1 (counterclaims) a counterclaim may also include—
(a) warrants for intimation so far as permitted under these Rules; and
(b) a specification of documents in Form PI2.
(10) In rule 19.4 (disposal of counterclaims), paragraph (b) does not apply.
(11) In the application of rule 20.4(3) (service on third party), any timetable already issued in terms of rule 36.G1 must also be served with a third party notice.
(12) In the application of rule 20.6 (procedure following answers)—
(a) paragraphs (1) and (2) do not apply; and
(b) where a third party lodges answers, any timetable already issued under rule 36.G1 applies to the third party.
(13) Chapters 22 (preliminary pleas) and 28A (pre-proof hearing) do not apply.
(14) Rule 29.11 does not apply.
(15) References elsewhere in these Rules to the condescendence of an initial writ or to the articles of the condescendence are to be construed as references to the statement required under rule 36.B1(1) and the numbered paragraphs of that statement.
(16) References elsewhere in these Rules to pleas-in-law, an open record, a closed record or a record for an Options Hearing are to be ignored.
(17) References elsewhere in these Rules to any action carried out before or after the closing of the record are to be construed as references to that action being carried out before, or as the case may be, after, the date fixed for completion of adjustment under rule 36.G1(1A)(c).

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/paragraph/36.E1 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/paragraph-36.E1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.