Rule 33A.2 Averments in certain civil partnership actions about other proceedingsF2

Scotland

(1)

This rule applies to an action of dissolution F1or declarator of nullity of civil partnership or separation of civil partners.

(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 civil partnership 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 Part XIII of this Chapter.

(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).

Annotations

Textual amendments

F1: Words in Sch. 1 rule 33A.2(1) 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(42)(b)}
F2: Sch. 1 rule 33A.2 heading substituted (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(42)(a)}

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