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Rule 33.76 Citation and intimation

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule is subject to rule 33.77 (citation where address not known).

(2)

It shall be the duty of the sheriff clerk to cite any person or intimate any document in connection with a simplified divorce application.

(3)

The form of citation—

(a)

in an application relying on the facts in section 1(2)(d) of the Act of 1976 shall be in Form F34; F1. . .

(b)

in an application relying on the facts in section 1(2)(e) of the Act of 1976 shall be in Form F35.

F2(c)

in an application relying on the facts in section 1(1)(b) of the Act of 1976 shall be in Form F35A.

F3(4)

The citation or intimation required by paragraph (2) shall be made–

(a)

by the sheriff clerk by registered post or the first class recorded delivery service in accordance with rule 5.3 (postal service or intimation);

(b)

on payment of an additional fee, by a sheriff officer in accordance with rule 5.4(1) F4to (4) (service within Scotland by sheriff officer); or

(c)

where necessary, by the sheriff clerk in accordance with rule 5.5 (service on persons furth of Scotland).

F5(5)

Where citation or intimation is made in accordance with paragraph (4)(c), the translation into an official language of the country in which service is to be executed required by rule 5.5(6) shall be provided by the party lodging the simplified divorce application.

Annotations

Textual amendments

F1

Word in Sch. 1 rule 33.76(3)(a) omitted (4.5.2006) by virtue of Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(39)(a)}

F2

Sch. 1 rule 33.76(3)(c) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(39)(b)}

F3

Sch. 1 rule 33.76(4) substituted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(17)(a)

F4

Words in Sch. 1 rule 33.76(4)(b) substituted (29.7.2010) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 2

F5

Sch. 1 rule 33.76(5) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(17)(b)

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