Rule 14.13 Procedure following grant of minuteF1

(1)

Where the minute includes a crave seeking leave–

(a)

for a person–

(i)

to be sisted as a party to the action, or

(ii)

to appear in the proceedings, or

(b)

for the cause to be transferred against the representatives of a party who has died or is under a legal incapacity,

the sheriff, on granting the minute, may order a hearing under rule 9.12 (Options Hearing) to be fixed or may appoint such further procedure as he thinks fit.

(2)

Where an Options Hearing is ordered under paragraph (1), the sheriff clerk shall–

(a)

fix a date and time for such hearing, which date, unless the sheriff otherwise directs, shall be on the first suitable court day occurring not sooner than 10 weeks after the date of the interlocutor of the sheriff ordering such hearing be fixed;

(b)

forthwith intimate to the parties in Form G5–

(i)

where appropriate, the last date for lodging defences;

(ii)

where appropriate, the last date for adjustment; and

(iii)

the date of the Options Hearing; and

(c)

prepare and sign an interlocutor recording those dates.

(3)

For the purpose of fixing the date for the Options Hearing referred to in paragraph (1), the date of granting the minute shall be deemed to be the date of expiry of the period of notice.

Annotations

Textual amendments

F1: Rules 14.4-14.13 inserted (1.11.1996) by S.I. 1996/2445, para. 3(21)

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