Rule 33.37 Decree by default

Scotland

(1)

In a family action in which the defender has lodged a notice of intention to defend, where a party fails—

(a)

to lodge, or intimate the lodging of, any production or part of process,

(b)

to implement an order of the sheriff within a specified period, F1...

(c)

to appear F2or be represented at any diet, F3, or

(d)

otherwise to comply with any requirement imposed upon that party by these Rules

that party shall be in default.

(2)

Where a party is in default under paragraph (1), the sheriff may—

(a)

where the family action is one mentioned in F4rule 33.1(a) to (h) or (n) to (p), allow that action to proceed as undefended under Part II of this Chapter; or

(b)

where the family action is one mentioned in rule 33.1(1)(i) to (m) F5or (q), grant decree as craved; or

(c)

grant decree of absolvitor; or

(d)

dismiss the family action or any claim made or order sought; F6or

F7(da)

make such other order as he thinks fit to secure the expeditious progress of the cause; and

(e)

award expenses.

(3)

Where no party appears at a diet in a family action, the sheriff may dismiss that action.

(4)

In a family action, the sheriff may, on cause shown, prorogate the time for lodging any production or part of process, or for intimating or implementing any order.

Annotations

Textual amendments

F1: Word in Sch. 1 rule 33.37(1)(b) omitted (18.8.2006) by virtue of Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(a)
F2: Word in Sch. 1 rule 33.37(1)(c) substituted (1.11.1996) by S.I. 1996/2445, para. 3(49)
F3: Sch. 1 rule 33.37(1)(d) and word inserted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(b)
F4: Words in Sch. 1 rule 33.37(2)(a) substituted (1.1.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2010 (S.S.I. 2010/416), paras. 1(1), 8(6)
F5: Words in Sch. 1 rule 33.37(2)(b) inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 5(10) (with para. 15)
F6: Word in Sch. 1 rule 33.37(2)(d) substituted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(c)
F7: Sch. 1 rule 33.37(2)(da) inserted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(9)(d)

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