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

C1F2CHAPTER 15 MOTIONS

Annotations:
Amendments (Textual)
F2

Ch. 15 substituted (1.11.1996) by S.I. 1996/2445, para. 3(22)

Modifications etc. (not altering text)
C1

Sch. 1 Chapter 15 applied (with modifications) (28.9.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284), para. 2, {Sch. rule 52(2)}

15F3 Intimation of motions

1

Subject to paragraphs (4) and (7), a party intending to lodge a motion in accordance with rule 15.1(1)(b) (lodging written motion) shall intimate the motion in Form G7, and a copy of any document referred to in the motion, to every other party.

2

Intimation of a motion may be given by–

a

any of the methods of service provided for in Chapter 5 (citation, service and intimation); or

b

where intimation is to a party represented by a solicitor, by–

i

personal delivery,

ii

facsimile transmission,

iii

first class ordinary post, or

iv

delivery to a document exchange,

to that solicitor.

3

Where intimation is given–

a

under paragraph (2)(b)(i) or (ii), it shall be deemed to have been given–

i

on the day of transmission or delivery where it is given before 5.00 p.m. on any day; or

ii

on the day after transmission or delivery where it is given after 5.00 p.m. on any day; or

b

under paragraph (2)(b)(iii) or (iv), it shall be deemed to have been given on the day after posting or delivery.

4

The sheriff may, on the application of a party intending to lodge a written motion, vary the period of 7 days specified in rule 15.3(1)(c) for lodging opposition to the motion or dispense with intimation.

5

An application under paragraph (4) shall be made in the written motion, giving reasons for such variation or dispensation.

6

Where the sheriff varies the period within which notice of opposition is to be lodged under rule 15.3(1)(c), the form of intimation required under rule 15.2(1) (intimation of motion in Form G7) shall state the date by which such notice requires to be lodged.

7

A joint motion by all parties lodged in Form G6 need not be intimated.