OpenLegislation

Rule 40.6 Appointment of a commercial action as an ordinary causeF1

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

(1)

At any time before, or at the Case Management Conference, the sheriff shall appoint a commercial action to proceed as an ordinary cause–

(a)

on the motion of a party where–

(i)

detailed pleadings are required to enable justice to be done between the parties; or

(ii)

any other circumstances warrant such an order being made; or

(b)

on the joint motion of parties.

(2)

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.

(3)

Where the sheriff orders that a commercial action shall proceed as an ordinary cause the interlocutor granting such shall prescribe–

(a)

a period of adjustment, if appropriate; and

(b)

the date, time and place for any options hearing fixed.

(4)

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