Rule 8.1 Reponing

In any cause other than—

the defender F3or any party with a statutory title or interest may apply to be reponed by lodging with the sheriff clerk, before implement in full of a decree in absence, a reponing note setting out his proposed defence F4or the proposed order or direction, and explaining his failure to appear.

A copy of the note lodged under paragraph (1) shall be served on the pursuer F5and any other party.

The sheriff may, on considering the reponing note, recall the decree so far as not implemented subject to such order as to expenses as he thinks fit; and the cause shall thereafter proceed as if F6 –

the party seeking the order or direction had lodged the appropriate application on the date when the decree was recalled.

A reponing note, when duly lodged with the sheriff clerk and served upon the pursuer F8and any other party, shall have effect to sist diligence.

Where an initial writ has been served on a defender furth of the United Kingdom under rule 5.5(1)(b) (service on persons furth of Scotland) and decree in absence has been pronounced against him as a result of his failure to enter appearance, the court may, on the defender applying to be reponed in accordance with paragraph (1) above, recall the decree and allow defences to be received if–

Any interlocutor or order recalling, or incidental to the recall of, a decree in absence shall be final and not subject to appeal.