OpenLegislation

Rule 16.2 Decrees where party in default

Scotland

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

(1)

In a cause to which this Chapter applies, where a party fails—

(a)

to lodge, or intimate the lodging of, any production or part of process within the period required under a provision in these Rules or an order of the sheriff,

(b)

to implement an order of the sheriff within a specified period, F1. . .

(c)

to appear or be represented at any diet, F2, or

(d)

otherwise to comply with any requirement imposed upon that party by these Rules

that party shall be in default.

F3(2)

Where a party is in default the sheriff may, as the case may be–

(a)

grant decree as craved with expenses;

(b)

grant decree of absolvitor with expenses;

(c)

dismiss the cause with expenses; or

(d)

make such other order as he thinks fit to secure the expeditious progress of the cause.

(3)

Where no party appears at a diet, the sheriff may dismiss the cause.

(4)

In this rule, “diet” includes—

(a)

a hearing under rule 9.12 (Options Hearing);

(b)

a hearing under rule 10.6 (Procedural Hearing);

(c)

a proof or proof before answer; and

(d)

a debate.

Annotations

Textual amendments

F1

Word in Sch. 1 rule 16.2(1)(b) omitted (18.8.2006) by virtue of Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), art. 2(5)(a)

F2

Sch. 1 rule 16.2(1)(d) and word inserted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), art. 2(5)(b)

F3

Sch. 1 rule 16.2(2) substituted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), art. 2(5)(c)

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