Act of Sederunt (Rules of Court, consolidation and amendment) 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/321 |
| Year | 1965 |
1965 No. 321 (S. 16)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of Court, consolidation and amendment) 196510thNovember 1964
4thMay 1965
THE LORDS OF COUNCIL AND SESSION, under and by virtue of the provisions of the Administration of Justice (Scotland) Act 1933(a) considering that the Rules of Court enacted by the Act of Sederunt of 1st July 1948(b) have been amended by subsequent Acts of Sederunt, and that it is desirable to make further amendments and to consolidate the Rules as so amended, do hereby ENACT AND DECLARE that the Rules attached hereto and embodied herein are approved as the Rules of the Court of Session in place of the Rules enacted and amended as aforesaid, and shall come into force on 4th May 1965,
And the Lords do further ENACT AND DECLARE as follows:—
(1) The provisions of any Act of Parliament or Act of Sederunt relating to any of the matters regulated or prescribed by these Rules are hereby repealed, in so far as inconsistent with the provisions of these Rules, as from 4th May 1965.
(2) Where any induciae or other period of time appointed or allowed by order of court or by pre-existing law and practice for taking any step of procedure is still current on 4th May 1965, such induciae or other period of time shall continue to be in force notwithstanding the provisions of these Rules.
(3) If in any cause in dependence on 4th May 1965, it is shown to the Court that the enforcement in any particular of the provisions of these Rules would be productive of hardship or injustice to any of the parties, the Court may grant such relief as may be necessary to prevent such hardship or injustice.
(4) From and after 4th May 1965, the Court may in its discretion relieve any party from the consequences of any failure to comply with the provisions of these Rules which is shown to be due to mistake, oversight or other cause, not being wilful non-observance of the same, on such terms and conditions as shall appear to be just; and in any such case the Court may make such order as may be just by way of extension of time, lodging or amendment of papers or otherwise so as to enable the cause to proceed as if such failure had not happened.
This Act may be cited as the Act of Sederunt (Rules of Court, consolidation and amendment) 1965.
And the LORDS appoint this Act to be inserted in the Books of Sederunt.
J. L. CLYDE, I.P.D.
Edinburgh, 10th November 1964.
(b) S.R. & O. 1948/1691 (1948 I, p. 3778).
RULES OF THE COURT OF SESSION
ENACTED BY ACT OF SEDERUNT OF THE LORDS OF COUNCIL AND SESSION DATED 10th NOVEMBER 1964
PREFACE
The Rules of the Court of Session were last consolidated in 1948. Since then experience has shown the need for many amendments, and the steady flow of legislation has required new rules and much alteration of existing rules.
The present Act of Sederunt brings the Rules of Court up to date and supersedes all previous issues of the Rules.
The main changes are as follows:—
(1) A reduction in the induciae in consistorial actions where the defender is fourth of Europe.
(2) Intimation of actions of divorce on the ground of insanity now to be made to the curator bonis of the defender.
(3) Abolition of the Debate Roll.
(4) New procedure in place of Minute of Wakening.
(5) Changes in the preliminary Act in cases of collisions at sea.
(6) New provisions consequent upon the passing of the Succession (Scotland) Act 1964, the Divorce (Scotland) Act 1964, the Representation of the People Act 1949 and the Solicitors (Scotland) Acts 1949-1958.
(7) Abolition of Affidavit by haver in commission for recovery of documents and substitution therefor of a Certificate.
TABLE OF CONTENTS
Act of Sederunt
Preface
CHAPTER I
GENERAL
Section 1.—Vacation Judge .. .. .. .. .. .. .. .. .. .. .. .. Rule 1 Section 2.—Solicitors and Notaries Public .. .. .. .. .. .. Rules 2–11 Section 3.—Offices of Court .. .. .. .. .. .. .. .. .. .. .. Rules 12–13 Section 4.—The Rolls .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 14–18 Section 5.—The Process .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 19–35 Section 6.—Taxes upon funds in manibus curiae .. .. .. .. .. Rule 36 Section 7.—Assessors .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 37–46 Section 8.—Messengers-at-Arms .. .. .. .. .. .. .. .. .. .. Rules 47–62 Section 9.—Extracts .. .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 63–68 CHAPTER II ORDINARY ACTIONS Section 1.—Summons, citation, calling .. .. .. .. .. .. .. .. Rules 69–80 Section 2.—Appearance, defences and counter-claims .. .. .. Rules 81–88 Section 3.—Decree in absence and recall thereof .. .. .. .. Rule 89 Section 4.—Making up and closing record: amendment .. .. .. Rules 90–92 Section 5.—Motions .. .. .. .. .. .. .. .. .. .. .. .. .. .. Rule 93 Section 6.—Procedure roll .. .. .. .. .. .. .. .. .. .. .. .. Rule 94 Section 7.—Commissions for recovery of documents, examination of witnesses, etc. .. .. .. .. .. .. .. .. .. Rules 95–106 Section 8.—Proofs .. .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 107–113 Section 9.—Trial by jury .. .. .. .. .. .. .. .. .. .. .. .. Rules 114–130 Section 10.—Minors' and Pupil's Damages .. .. .. .. .. .. .. Rules 131–134 CHAPTER III SPECIAL ACTIONS Section 1.—Admiralty Causes .. .. .. .. .. .. .. .. .. .. .. Rules 135–147 Section 2.—Commercial Causes .. .. .. .. .. .. .. .. .. .. .. Rules 148–153 Section 3.—Consistorial Actions .. .. .. .. .. .. .. .. .. .. Rules 154–170 Section 4.—Reductions .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 171–174 Section 5.—Multiplepoindings .. .. .. .. .. .. .. .. .. .. .. Rules 175–185 Section 6.—Proving of the tenor .. .. .. .. .. .. .. .. .. .. Rules 186–188 CHAPTER IV PETITIONS Section 1.—Petitions other than for Suspension, Suspension and Interdict, and Suspension and Liberation .. Rules 189–198 Section 2.—Judical Factors .. .. .. .. .. .. .. .. .. .. .. Rules 199–201 Section 3.—Companies .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 202–218 Section 4.—Adoption of Children .. .. .. .. .. .. .. .. .. .. Rules 219–230 Section 5.—Summary Trial .. .. .. .. .. .. .. .. .. .. .. .. Rule 231 Section 6.—Petition by Trustees for Directions .. .. .. .. .. Rules 232–233 Section 7.—Petitions for Suspension, Suspension and Interdict, and Suspension and Liberation .. .. Rules 234–247 Section 8.—Petitions under the AAdministration of Justice Act 1920, sections 9 and 10 and the FForeign Judgments (Reciprocal Enforcement) Act 1933.. .. Rules 248–249 Section 9.—Petitions and other proceedings under PPatents Act 1949, and the Registered Designs Act 1949 .. .. Rules 250–257 Section 10.—Appeals and References under the Telegraph Acts Rule 258 Section 11.—Applications formerly dealt with by the Railway and Canal Commission .. .. .. .. .. .. .. .. .. Rule 259 Section 12.—Petitions under the Trusts (Scotland) Act 1961 .. Rule 260 CHAPTER V INNER HOUSE Section 1.—Reclaiming .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 261–264 Section 2.—Special Cases .. .. .. .. .. .. .. .. .. .. .. .. Rules 265–266 Section 3.—Appeals from inferior courts generally .. .. .. .. Rules 267–273 Section 4.—Causes remitted from Sheriff Courts .. .. .. .. .. Rules 274–275 Section 5.—Appeals by way of Stated Case, Special Case Submission, and Reference, under certain Statutes. .. .. .. .. .. .. .. .. .. .. .. .. .. Rules 276–289 Section 6.—Other statutory Appeals .. .. .. .. .. .. .. .. .. Rules 290–294 Section 7.—Inner House interlocutors .. .. .. .. .. .. .. .. Rule 295 Section 8.—Inner House Judgments .. .. .. .. .. .. .. .. .. Rule 296 CHAPTER VI SPECIAL COURTS Section 1.—Election Petitions .. .. .. .. .. .. .. .. .. .. Rules 297–331 Section 2.—Appeals under Finance (1909–10) Act 1910 and the Mining Industry Act 1926 .. .. .. .. .. .. .. .. Rules 332–339 CHAPTER VII FEE FUND DUES, TABLE OF FEES AND TAXATION OF ACCOUNTS Section 1.—Fee fund dues .. .. .. .. .. .. .. .. .. .. .. .. Rules 340–346 Sections 2/4.—Table of Fees of Solicitors .. .. .. .. .. .. Rule 347 Section 5.—Taxation of Accounts .. .. .. .. .. .. .. .. .. .. Rules 348–350
APPENDIX (Forms)
INDEX
CHAPTER I
General
SECTION 1
Vacation Judge
1. Powers
(a) Subject to the provisions contained in these Rules, it shall be competent for the Vacation Judge, whenever necessary or convenient during vacation or recess, to deal with:
(i) any matter which might competently be disposed of from day to day by the Petition Judge;
(ii) any motion in a cause initiated by summons and depending in the Outer House;
(iii) any application in a cause depending in the Outer House which might, in accordance with these Rules, competently be disposed of during session by a Lord Ordinary sitting in chambers;
(iv) any motion in a cause depending before the Inner House, provided that the motion does not affect the merits of the cause;
(v) any motion for approval of a Report by the Auditor of Court (including objections, if any, thereto), as well in causes depending before the Inner House, as in causes depending before the Outer House; and
(vi) the taking of evidence under Rule 100.
(b) The Vacation Judge shall not be bound to dispose of any motion, application, or other matter, if in his opinion such motion, application, or other matter can more conveniently be postponed until the meeting of the Court after the vacation or recess.
SECTION 2
Solicitors and Notaries Public
2. Admission
(a) All petitions under Sections 14 and 15 of the Solicitors' (Scotland) Act, 1933 (in this Section referred to as "the Act of 1933") shall be presented to the Court by the clerk to the examiners appointed by the Council of the Law Society of Scotland (in this Section referred to as "the Council"), and there shall be payable to the said Clerk by any applicant the following fees:
(i) For the preparation of and carrying through the petition under Section 14 of the Act of 1933, including obtaining the interlocutor of admission, extract thereof and certificate of enrolment where the applicant holds the certificate of the...
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