# Sheriff Courts (Scotland) Act 1907, Rule 33.2: Averments in certain family actions about other proceedings

Extent: S

(1) This rule applies to an action of divorce , separation, declarator of marriage or declarator of nullity of marriage.
(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the initial writ—
(a) whether to his knowledge any proceedings are continuing in Scotland or in any other country in respect of the marriage to which the initial writ relates or are capable of affecting its validity or subsistence; and
(b) where such proceedings are continuing—
(i) the court, tribunal or authority before which the proceedings have been commenced;
(ii) the date of commencement;
(iii) the names of the parties;
(iv) the date, or expected date of any proof (or its equivalent) in the proceedings; and
(v) such other facts as may be relevant to the question of whether or not the action before the sheriff should be sisted under Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 ... or the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, signed at the Hague on 19th October 1996.
(3) Where—
(a) such proceedings are continuing;
(b) the action before the sheriff is defended; and
(c) either—
(i) the initial writ does not contain the statement referred to in paragraph (2)(a), or
(ii) the particulars mentioned in paragraph (2)(b) as set out in the initial writ are incomplete or incorrect,
any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(b).

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/2/chapter/33/rule/33.2 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.