Rule 16.2 Decrees where party in default
Scotland
In a cause to which this Chapter applies, where a party fails—
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,
to implement an order of the sheriff within a specified period, F1. . .
to appear or be represented at any diet, F2, or
otherwise to comply with any requirement imposed upon that party by these Rules
that party shall be in default.
Where a party is in default the sheriff may, as the case may be–
grant decree as craved with expenses;
grant decree of absolvitor with expenses;
dismiss the cause with expenses; or
make such other order as he thinks fit to secure the expeditious progress of the cause.
Where no party appears at a diet, the sheriff may dismiss the cause.
In this rule, “diet” includes—
a hearing under rule 9.12 (Options Hearing);
a hearing under rule 10.6 (Procedural Hearing);
a proof or proof before answer; and
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