Rule 33.34 Notice of intention to defend and defences etc.F10

Scotland

(1)

This rule applies where the defender in a family action seeks—

(a)

to oppose any crave in the initial writ;

(b)

to make a claim for—

(i)

aliment;

(ii)

an order for financial provision within the meaning of section 8(3) of the Act of 1985; F1...

(iii)

F2a section 11 order; F3...

F4(iv)

an order for financial provision under section 28 or 29 of the Family Law (Scotland) Act 2006; or

(c)

an order—

(i)

under section 16(1)(b) or (3) of the M1Act of 1985 (setting aside or varying agreement as to financial provision);

(ii)

under section 18 of the Act of 1985 (which relates to avoidance transactions); or

(iii)

under the Act of 1981; or

(d)

to challenge the jurisdiction of the court.

(2)

In an action to which this rule applies, the defender shall—

(a)

lodge a notice of intention to defend in Form F26 before the expiry of the period of notice F5and, at the same time, send a copy to the pursuer; and

(b)

make any claim or seek any order referred to in paragraph (1), as the case may be, in those defences by setting out in his defences—

(i)

craves;

(ii)

averments in the answers to the condescendence in support of those craves; and

(iii)

appropriate pleas-in-law.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4)

Where a defender opposes a crave for an order for financial provision or makes a claim in accordance with paragraph (1)(b)(ii), the defender must lodge a completed Form F13A signed by the defender with the defences, minute of amendment or answers as the case may be.

F8(4A)

Subject to paragraph (4B), where a defender intends to make an application for a section 11 order in respect of a child who is not a party to the action F9... the defender must—

(a)

include in the notice of intention to defend a crave for a warrant for intimation and the seeking of the child’s views in Form F9;

(b)

when lodging the notice of intention to defend, submit a draft Form F9, showing the details that the defender proposes to include when the form is sent to the child.

(4B)

Where the defender considers that it would be inappropriate to send Form F9 to the child (for example, where the child is under 5 years of age), the defender must include in the notice of intention to defend—

(a)

a crave to dispense with intimation and the seeking of the child’s views in Form F9;

(b)

averments setting out the reasons why it is inappropriate to send Form F9 to the child.

(4C)

The sheriff must be satisfied that the draft Form F9 submitted under paragraph (4A)(b) has been drafted appropriately.

(4D)

The sheriff may dispense with intimation and the seeking of views in Form F9 or make any other order that the sheriff considers appropriate.

(4E)

An order granting warrant for intimation and the seeking of the child’s views in Form F9 under this rule must —

(a)

state that the Form F9 must be sent to the child in accordance with rule 33.19B (views of the child – section 11 order sought by defender only);

(b)

be signed by the sheriff.

Annotations

Textual amendments

F1: Word in Sch. 1 rule 33.34(1)(b)(ii) omitted (1.8.2012) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 5(9)(a) (with para. 15)
F2: Words in Sch. 1 rule 33.34(1)(b)(iii) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 18(a)
F3: Word in Sch. 1 rule 33.34(1)(b)(iii) omitted (1.8.2012) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 5(9)(a) (with para. 15)
F4: Sch. 1 rule 33.34(1)(b)(iv) inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 5(9)(b) (with para. 15)
F5: Words in Sch. 1 rule 33.34(2)(a) inserted (24.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Views of the Child) 2019 (S.S.I. 2019/123), paras. 1(2), 3(8)(a) (with para. 4)
F6: Sch. 1 rule 33.34(3) omitted (24.6.2019) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Views of the Child) 2019 (S.S.I. 2019/123), paras. 1(2), 3(8)(b) (with para. 4)
F7: Sch. 1 rule 33.34(4) inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 4(3)(a) (with para. 15) (as amended by S.S.I. 2012/221, paras. 1(1), 2(2)(a))
F8: Sch. 1 rule 33.34(4A)-(4E) inserted (24.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Views of the Child) 2019 (S.S.I. 2019/123), paras. 1(2), 3(8)(c) (with para. 4)
F9: Words in Sch. 1 rule 33.34(4A) omitted (25.9.2023) by virtue of Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(15) (with para. 3)
F10: Sch. 1 rule 33.34 heading substituted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 4(3)(b) (with para. 15)

Marginal citations

M1: 1985 c.37.

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