Paragraph 31A.4 ProcedureF1

Scotland

(1)

An application under rule 31A.2(1)—

(a)

must be made by written motion, and Chapters 15 (motions) and 15A (motions intimated and lodged by email) otherwise apply to motions made under this Chapter;

(b)

may be made at any stage in the case prior to the granting of an order disposing of the expenses of the cause.

(2)

Where an application under rule 31A.2(1) is made, the sheriff may make such orders as the sheriff thinks fit for dealing with the application, including an order—

(a)

requiring the applicant to intimate the application to any other person;

(b)

requiring any party to lodge a written response;

(c)

requiring the lodging of any document;

(d)

fixing a hearing.

Annotations

Textual amendments

F1: Sch. 1 Ch. 31A inserted (30.6.2021) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021 (S.S.I. 2021/226), paras. 1(2), 5(2)

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