Rule 18.5 Service of amended pleadings

Scotland

(1)

Where an amendment under rule F118.2(b)(iv), (v) or (vi) (additional or substitute defenders added by amendment) or rule 18.2(2)(d) (all parties not, or wrong person, called) has been made—

(a)

the sheriff shall order that a copy of the initial writ or record, as the case may be, as so amended be served by the party who made the amendment on that additional or substitute party with—

(i)

in a cause in which a time to pay direction under the M1Debtors (Scotland) Act 1987 F2or a time order under the Consumer Credit Act 1974 may be applied for, a notice in Form O8 specifying the date by which a notice of intention to defend must be lodged in process, a notice in Form O3 and a notice of intention to defend in Form O7; or

(ii)

in any other cause, a notice in Form O9 specifying the date by which a notice of intention to defend must be lodged in process and a notice of intention to defend in Form O7; and

(b)

the party who made the amendment shall lodge in process—

(i)

a copy of the initial writ or record as amended;

(ii)

a copy of the notice sent in Form O8 or Form O9; and

(iii)

a certificate of service.

(2)

When paragraph (1) has been complied with, the cause as so amended shall proceed in every respect as if that party had originally been made a party to the cause.

(3)

Where a notice of intention to defend is lodged by virtue of paragraph (1)(a), the sheriff clerk shall fix a date and time for a hearing under rule 9.12 (Options Hearing).

Annotations

Textual amendments

F1: Words in rule 18.5(1) inserted (1.11.1996) by S.I. 1996/2445, para. 3(24)
F2: Words in Sch. 1 rule 18.5(1)(a)(i) inserted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(9)

Marginal citations

M1: 1987 c.18.

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