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 9 STANDARD PROCEDURE IN DEFENDED CAUSES

9F2Alteration of date for Options Hearing

1

Subject to paragraph (2), at any time before the date and time fixed under rule 9.2 (fixing date for Options Hearing) or under this rule, the sheriff–

a

may, of his own motion or on the motion of any party–

i

discharge the Options Hearing; and

ii

fix a new date and time for the Options Hearing; or

b

shall, on the joint motion of the parties–

i

discharge the Options Hearing; and

ii

fix a new date and time for the Options Hearing.

2

The date and time to be fixed–

a

under paragraph (1)(a)(ii) may be earlier or later than the date and time fixed for the discharged Options Hearing;

b

under paragraph (1)(b)(ii) shall be earlier than the date and time fixed for the discharged Options Hearing.

3

Where the sheriff is considering making an order under paragraph (1)(a) of his own motion and in the absence of the parties, the sheriff clerk shall–

a

fix a date, time and place for the parties to be heard; and

b

inform the parties of that date, time and place.

4

The sheriff may discharge a hearing fixed under paragraph (3) on the joint motion of the parties.

5

On the discharge of the Options Hearing under paragraph (1), the sheriff clerk shall forthwith intimate to all parties–

a

that the Options Hearing has been discharged under paragraph (1)(a) or (b), as the case may be;

b

the last date for lodging defences, if appropriate;

c

the last date for adjustment, if appropriate; and

d

the new date and time fixed for the Options Hearing under paragraph (1)(a) or (b), as the case may be.

6

Any reference in these Rules to the Options Hearing or a continuation of it shall include a reference to an Options Hearing for which a date and time has been fixed under this rule.