# Sheriff Courts (Scotland) Act 1907, Rule 18.3: Applications to amend

Extent: S

(1) A party seeking to amend shall lodge a minute of amendment in process setting out his proposed amendment and, at the same time, lodge a motion—
(a) to allow the minute of amendment to be received; and
(b) to allow—
(i) amendment in terms of the minute of amendment and, where appropriate, to grant an order under rule 18.5(1)(a) (service of amendment for additional or substitute party); or
(ii) where the minute of amendment may require to be answered, any other person to lodge answers within a specified period.
(2) Where the sheriff has pronounced an interlocutor allowing a minute of amendment to be received and answered, he may allow a period for adjustment of the minute of amendment and answers and, on so doing, shall fix a date for parties to be heard on the minute of amendment and answers as adjusted.
(3) Any adjustment to any minute of amendment or answers shall be exchanged between parties and not lodged in process.
(4) Parties shall be responsible for maintaining a record of adjustment made and the date of their intimation.
(5) No adjustments shall be permitted after the period of adjustment allowed, except with leave of the sheriff.
(6) Each party shall, no later than 2 days before the hearing fixed in terms of paragraph (2), lodge in process a copy of their minute of amendment or answers with all adjustments made thereto in italic or bold type, or underlined.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/1/chapter/18/rule/18.3 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-18/rule-18.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

