Rule 20.3 Warrants for diligence on third party notice

Scotland

F1(1)

A defender who applies for an order for service of a third party notice may apply for—

(a)

a warrant for arrestment to found jurisdiction;

(b)

a warrant for interim diligence,

which would have been permitted had the warrant been sought in an initial writ in a separate action.

(2)

Averments in support of the application for F2a warrant under paragraph (1)(a) shall be included in the defences or the separate statement of facts referred to in rule 20.2(1).

(3)

An application for a warrant under F3paragraph (1)(a) shall be made by motion—

(a)

at the time of applying for the third party notice; or

(b)

if not applied for at that time, at any stage of the cause thereafter.

(4)

A certified copy of the interlocutor granting warrant for diligence applied for under paragraph (2) shall be sufficient authority for execution of the diligence.

Annotations

Textual amendments

F1: Sch. 1 rule 20.3(1) substituted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 10(3)(a)
F2: Words in Sch. 1 rule 20.3(2) substituted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 10(3)(b)
F3: Words in Sch. 1 rule 20.3(3) substituted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 10(3)(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