Chapter DMBM681770

Published date29 April 2016
Record NumberDMBM681770
Adjustment period

The adjustment period is the time set within which parties may adjust their pleadings.

It is determined by the period of time between the date when the defender lodges defences and the date fixed by the sheriff clerk for the options hearing.

As defences must be lodged within 14 days after the expiry of the period of notice and adjustments must be made within 14 days before the options hearing the period of time available for adjustment in most cases will be six weeks. This period may be slightly longer where the defender lodges defences early and or the options hearing is fixed for a date which is more than ten weeks after the expiry of the period of notice.

Effect on adjustment period where defences lodged late

The calculation of the adjustment period detailed above assumes that the defender will lodge a defence within the prescribed period.

If however the...

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