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Rule 33A.37 Decree by default

Scotland

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

(1)

In a civil partnership 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 or be represented at any diet, F2or

(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 civil partnership action is one mentioned in rule 33A.1(1) (a) F3(b) or (f), allow that action to proceed as undefended under Part II of this Chapter; or

(b)

where the civil partnership action is one mentioned in rule 33A.1(1)(c) to (e), grant decree as craved; or

(c)

grant decree of absolvitor; or

(d)

dismiss the civil partnership action or any claim made or order sought; F4or

F5(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 civil partnership action, the sheriff may dismiss that action.

(4)

In a civil partnership 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), art. 2(10)(a)

F2

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), art. 2(10)(b)

F3

Words in Sch. 1 rule 33A.37(2)(a) 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(49)}

F4

Word in Sch. 1 rule 33A.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), art. 2(10)(c)

F5

Sch. 1 rule 33A.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), art. 2(10)(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