SCHEDULES

F1First Schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
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, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Initiation and progress of causes

CHAPTER 1CITATION, INTERPRETATION, REPRESENTATION AND FORMS

1 Interpretation

1

In these Rules, unless the context otherwise requires—

  • “document” has the meaning assigned to it in section 9 of the M1Civil Evidence (Scotland) Act 1988;

  • F3“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

  • “period of notice” means the period determined under rule 3.6 (period of notice after citation).

  • F2“the Act of 2004” means the Vulnerable Witnesses (Scotland) Act 2004

2

For the purposes of these Rules—

a

“affidavit” includes an affirmation and a statutory or other declaration; and

b

an affidavit shall be sworn or affirmed before a notary public or any other competent authority.

3

Where a provision in these Rules requires a party to intimate or send a document to another party, it shall be sufficient compliance with that provision if the document is intimated or sent to the solicitor acting in the cause for that party.

4

Unless the context otherwise requires, anything done or required to be done under a provision in these Rules by a party may be done by the agent for that party acting on his behalf.

5

Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form, is a reference to the Chapter, Part, rule or form in Appendix 1, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of that paragraph or that head of that sub-paragraph, in which the reference occurs.