OpenLegislation

Paragraph 36.H1 Applications for sist or for variation of timetableF1

Scotland

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

(1)

The action may be sisted or the timetable varied by the sheriff on an application by any party to the action by motion F2....

(2)

An application under paragraph (1)—

(a)

shall be placed before the sheriff; and

(b)

shall be granted only on F3... cause shown.

(F42A)

The sheriff may, on the sheriff’s own motion, vary the timetable where satisfied that the efficient determination of the action would be served by doing so and in consequence may—

(a)

discharge a diet ordered pursuant to rule 36.G1(5) or (7) (allocation of diets and timetables); or

(b)

sist the action.

(3)

Any sist of an action in terms of this rule shall be for a specific period.

(4)

Where the timetable issued under rule 36.G1 is varied under this rule, the sheriff clerk shall issue a revised timetable in Form PI5.

(5)

A revised timetable issued under paragraph (4) shall have effect as if it were a timetable issued under rule 36.G1 and any reference in this Part to any action being taken in accordance with the timetable shall be construed as a reference to its being taken in accordance with the timetable as varied under this rule.

Annotations

Textual amendments

F1

Sch. 1 Ch. 36 Pt. A1 inserted (2.11.2009) by Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 (S.S.I. 2009/285), paras. 1(1), 2(6) (with para. 3)

F2

Words in Sch. 1 rule 36.H1(1) omitted (29.7.2010) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 4(4) (with para. 4(8))

F3

Word in Sch. 1 rule 36.H1(2)(b) omitted (7.7.2014) by virtue of Act of Sederunt (Rules of the Court of Session, Ordinary Cause Rules and Summary Cause Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/152), paras. 1(2), 3(5)

F4

Sch. 1 rule 36.H1(2A) inserted (2.6.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020 (S.S.I. 2020/166), paras. 1(2), 3(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