# Sheriff Courts (Scotland) Act 1907, Rule 20.3: Warrants for diligence on third party notice

Extent: S

(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 a 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 paragraph (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.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/1/chapter/20/rule/20.3 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-20/rule-20.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

