Rule 33.16 Appointment of curators ad litem to defenders

F1This rule applies to a family action where it appears to the court that the defender F2has a mental disorder.

In an action to which this rule applies, the sheriff shall F3, after the expiry of the period for lodging a notice of intention to defend—

Within 7 days after the appointment of a curator ad litem under paragraph (2)(a), the pursuer shall send to him—

On lodging a report under paragraph (2)(b), the curator ad litem must intimate that this has been done to—

Within 14 days after the report required under paragraph (2)(b) has been lodged, the curator ad litem must lodge in process one of the writs mentioned in paragraph (6).

The writs referred to in paragraph (5) are—

Notwithstanding that he has lodged a minute stating that he does not intend to lodge defences, a curator ad litem may appear at any stage of the action to protect the interests of the defender.

At such intervals as the curator ad litem considers reasonable having regard to the nature of the defender’s mental disorder, the curator ad litem must review whether there appears to have been any change in the defender’s capacity to instruct a solicitor, in order to ascertain whether it is appropriate for the appointment to continue.

If it appears to the curator ad litem that the defender may no longer be incapable, the curator ad litem must by motion seek the sheriff’s permission to obtain an opinion on the matter from a suitably qualified medical practitioner.

If the motion under paragraph (8A) is granted, the curator ad litem must lodge in process a copy of the opinion as soon as possible.

Where the opinion concludes that the defender is not incapable of instructing a solicitor, the curator ad litem must seek discharge from appointment by minute.

The pursuer shall be responsible, in the first instance, for payment of the fees and outlays of the curator ad litem incurred during the period from his appointment until—