# Sheriff Courts (Scotland) Act 1907, Rule 40.6: Appointment of a commercial action as an ordinary cause


(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.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/2/chapter/40/rule/40.6 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-40/rule-40.6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.