Rule 13.2 Procedure following leave to enter process
Scotland
Where a party minuter lodges F1defences, the sheriff clerk shall fix a date and time under rule 9.2 for a hearing under rule 9.12 (Options Hearing) as if the party minuter had lodged a notice of intention to defend and the period of notice had expired on the date for lodging answers.
At the Options Hearing, or at any time thereafter, the sheriff may grant such decree or other order as he thinks fit.
A decree or other order against the party minuter shall have effect and be extractable in the same way as a decree or other order against a defender.
Paragraphs (1), (2) and (3) shall not apply to a personal injuries action which is subject to personal injuries procedure.
Where the sheriff grants an application under rule 13.1 in a personal injuries action which is subject to personal injuries procedure, the sheriff may make such further order as he thinks fit.
Annotations
Textual amendments
- F1
Word in sch. 1 rule 13.2(1) substituted (1.11.1996) by S.I. 1996/2445, para. 3(18)
- F2
Sch. 1 rule 13.2(4)(5) 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(4) (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