Rule 13.1 Person claiming title and interest to enter process as defender

Scotland

(1)

A person who has not been called as a defender or third party may apply by minute for leave to enter a process as a party minuter and to lodge defences.

(2)

A minute under paragraph (1) shall specify—

(a)

the applicant’s title and interest to enter the process; and

(b)

the grounds of the defence he proposes to state.

(3)

Subject to paragraph (4), after hearing the applicant and any party, the sheriff may—

(a)

if he is satisfied that the applicant has shown title and interest to enter the process, grant the applicant leave to enter the process as a party minuter and to lodge defences; and

(b)

make such order as to expenses or otherwise as he thinks fit.

(4)

Where an application under paragraph (1) is made after the closing of the record F1or in a personal injuries action subject to personal injuries procedure after the date upon which the record is required to be lodged, the sheriff shall only grant leave under paragraph (3) if he is satisfied as to the reason why earlier application was not made.

Annotations

Textual amendments

F1: Words in sch. 1 rule 13.1(4) 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(3) (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