# Sheriff Courts (Scotland) Act 1907, Rule 16.2: Decrees where party in default

Extent: S

(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, . . .
(c) to appear or be represented at any diet, , or
(d) otherwise to comply with any requirement imposed upon that party by these Rules
that party shall be in default.
(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.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/1/chapter/16/rule/16.2 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-16/rule-16.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.