Act of Sederunt (Rules of Court Amendment No. 1) (Optional Procedure in Certain Actions of Reparation) 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/227 |
1985 No. 227 (S. 21)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of Court Amendment No. 1) (Optional Procedure in Certain Actions of Reparation) 198519thFebruary 1985
24thSeptember 1985
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 16 of the Administration of Justice (Scotland) Act 1933(a) and of all other powers competent to them in that behalf, do hereby enact and declare:—
Citation and commencement
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of Court Amendment No. 1) (Optional Procedure in Certain Actions of Reparation) 1985 and shall come into operation on 24th September 1985.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment to Rules of Court
2.—(1) The Rules of Court(b) shall be amended as follows.
(2) After rule 188D, insert the following section—
"SECTION 11
OPTIONAL PROCEDURE IN CERTAIN ACTIONS OF REPARATION
188E Application and interpretation
(1) The provisions of this section apply to an action of reparation for personal injuries or for the death of a relative in which election has been made to adopt the procedure in this section.
(2) Subject to the provisions of this section, the other provisions of the rules of court, so far as applicable, apply to the practice and procedure to which this section applies.
(3) In this section, a form referred to by number means the form so numbered in the Appendix to the rules, or a form substantially to the like effect, with such variation as circumstances may require.
188F Summons
(1) A pursuer may elect to adopt the procedure in this section by serving a summons with condescendence and pleas-in-law annexed in Form 27A.
(a) 1933 c.41.
(b) S.I. 1965/321.
(2) A summons in Form 27A under this rule shall be on the official printed Form 1 together with the official printed backing.
(3) A summons served under this rule—
(a) shall constitute a waiver by the pursuer of his right to jury trial;
(b) shall not, subject to rule 188I, affect any right of a defender to apply for jury trial.
188G Induciae
(1) Subject to paragraph (2), the induciae of a summons served under rule 188F shall be 28 days after the execution of service.
(2) Where the defender is domiciled outside Europe, the induciae of a summons served under rule 188F shall be 42 days after the execution of service.
188H Defences
Defences shall be in the form of brief answers to the condescendence annexed to the summons, together with any necessary pleas-in-law.
188I Application by defender for jury trial
(1) If a defender intends to apply for jury trial, he shall, at the same time as lodging his defences, lodge a minute stating his intention to apply for jury trial.
(2) Where a defender does not lodge a minute under paragraph (1), he shall be held to have waived his right to jury trial.
(3) Where the defender lodges a minute under paragraph (1), the pursuer shall make up an open record in accordance with rule 90(1) and the action shall proceed as an ordinary action.
188J Diet roll
(1) Within 14 days after defences have been lodged, the action shall be sent to the diet roll and put out for hearing on a specified date.
(2) Any hearing on the diet roll shall be heard before a Lord Ordinary.
(3) The appearance of the cause for hearing on a particular date on the diet roll shall...
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