Rule 17.2 Applications for summary decreeF1

Scotland

(1)

Subject to paragraphs (2) to (4), a party to an action may, at any time after defences have been lodged, apply by motion for summary decree in accordance with rule 15.1(1)(b) (lodging of motions) F2or rule 15A.7 (lodging unopposed motions by email) or rule 15A.8 (lodging opposed motions by email) as the case may be.

(2)

An application may only be made on the grounds that—

(a)

an opposing party’s case (or any part of it) has no real prospect of success; and

(b)

there exists no other compelling reason why summary decree should not be granted at that stage.

(3)

The party enrolling the motion may request the sheriff—

(a)

to grant decree in terms of all or any of the craves of the initial writ or counterclaim;

(b)

to dismiss a cause or to absolve any party from any crave directed against him or her;

(c)

to pronounce an interlocutor sustaining or repelling any plea-in-law; or

(d)

to dispose of the whole or part of the subject-matter of the cause.

(4)

The sheriff may—

(a)

grant the motion in whole or in part, if satisfied that the conditions in subparagraph (2) are met,

(b)

ordain any party, or a partner, director, officer or office-bearer of any party—

(i)

to produce any relevant document or article; or

(ii)

to lodge an affidavit in support of any assertion of fact made in the pleadings or at the hearing of the motion.

(5)

Notwithstanding the refusal of all or part of a motion for summary decree, a subsequent motion may be made where there has been a change in circumstances.

Annotations

Textual amendments

F1: Sch. 1 rule 17.2 substituted for Sch. 1 rules 17.2, 17.3 (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 3(2) (with para. 15)
F2: Words in Sch. 1 rule 17.2 inserted (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 8(6)

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