Rule 35.4 Condescendence of fund in medio

(1)

Where the pursuer is the holder of the fund in medio, he shall include a detailed statement of the fund in the condescendence in the initial writ.

(2)

Where the pursuer is not the holder of the fund in medio, the holder shall, before the expiry of the period of notice—

(a)

lodge in process—

(i)

a condescendence of the fund in medio, stating any claim or lien which he may profess to have on that fund;

(ii)

a list of all persons known to him as having an interest in the fund; and

(b)

intimate a copy of the condescendence and list to any other party.

Notes on Schedule First

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)

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