Rule 40.6 Appointment of a commercial action as an ordinary causeF1
At any time before, or at the Case Management Conference, the sheriff shall appoint a commercial action to proceed as an ordinary cause–
on the motion of a party where–
detailed pleadings are required to enable justice to be done between the parties; or
any other circumstances warrant such an order being made; or
on the joint motion of parties.
If a motion to appoint a commercial action to proceed as an ordinary action is refused, no subsequent motion to appoint the action to proceed as an ordinary cause shall be considered except on a material change of circumstances.
Where the sheriff orders that a commercial action shall proceed as an ordinary cause the interlocutor granting such shall prescribe–
a period of adjustment, if appropriate; and
the date, time and place for any options hearing fixed.
In determining what order to make in deciding that a commercial action proceed as an ordinary cause the sheriff shall have regard to the periods prescribed in rule 9.2.
Annotations
Textual amendments
- F1
Sch. 1 Ch. 40 inserted (1.3.2001) by S.S.I. 2001/8, para. 2(5)
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