Act of Sederunt (Rules of the Court of Session 1994) 1994

• Citation: S.I. 1994/1443
• Sections: 1404

Section 1 Citation and commencement

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994) 1994 and shall come into force on 5th September 1994.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Section 2 Rules of the Court of Session

The provisions of Schedule 2 to this Act of Sederunt shall have effect for the purpose of providing new rules for the Court of Session.

Section 3 Amendments, repeals, revocations and savings

(1) The enactments mentioned in Schedule 3 to this Act of Sederunt shall have effect subject to the amendments there specified.

(2) The enactments mentioned in Schedule 4 to this Act of Sederunt, being enactments relating to matters in respect of which the rules specified in the fourth column of that Schedule are made, are repealed to the extent specified in the third column of that Schedule.

(3) Subject to paragraphs (5) and (6) below, the Acts of Sederunt mentioned in Schedule 5 to this Act of Sederunt are revoked to the extent specified in the third column of that Schedule.

(4) All Acts of Sederunt to the extent that they relate to practice or procedure in the Court of Session made before 10th November 1964 (being the date on which the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 was made) are, in so far as still in force, revoked.

(5) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to fees and outlays of solicitors, witnesses' fees and allowances or shorthand writers' fees shall affect fees or allowances in respect of anything done, or outlays incurred, before the date on which this Act of Sederunt comes into force.

(6) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to interest on decrees or extracts shall affect interest included in or exigible under a decree pronounced or an extract extracted before the coming into force of this Act of Sederunt.

Section 1.1 Citation

These Rules may be cited as the Rules of the Court of Session 1994.

Section 1.2 Application

These Rules apply to any cause whether initiated before or after the coming into force of these Rules.

Section 1.3 Interpretation etc.

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(1) In these Rules, unless the context otherwise requires–

“the Act of 1988 ” means the Court of Session Act 1988 ;

“the Act of 2014 ” means the Courts Reform (Scotland) Act 2014.

“act” means an order of the court which is extractable, other than a decree;

“agent”, except in rule 16.2(2)(e) (service furth of United Kingdom by party’s authorised agent) and rule 16.14(1) (arrestment of cargo), means a solicitor or person having a right to conduct the litigation:

“ the Auditor ” means the Auditor of the Court of Session;

“cause” means any proceedings;

“clerk of court” means the clerk of session acting as such;

“clerk of session” means a depute clerk of session or an assistant clerk of session, as the case may be;

“counsel” means a practising member of the Faculty of Advocates;

“depute clerk of session” means a depute clerk of session and justiciary;

“ Deputy Principal Clerk ” means the Deputy Principal Clerk of Session;

“document” has the meaning assigned to it in scection 9 of the Civil Evidence (Scotland) Act 1988 ;

“ the Extractor ” means the Extractor of the Court of Session or the Extractor of the acts and decrees of the Teind Court, as the case may be;

“ Keeper of the Records ” means the Keeper of the Records of Scotland;

“ Keeper of the Registers ” means the Keeper of the Registers of Scotland;

“other person having a right of audience” means a person having a right of audience before the court by virtue of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (legal services) in respect of the category and nature of the cause in question;

“party” means a person who has entered appearance in an action or lodged a writ in the process of a cause (other than a minuter seeking leave to be sisted to a cause); and “parties” shall be construed accordingly;

“period of notice” means–

in relation to service, or intimation on a warrant for intimation before calling, of a summons, the period determined in accordance with rule 13.4 (period of notice in summonses); and

in relation to service of any other writ, intimation of a writ other than intimation referred to in sub-paragraph (a), or the period for lodging answers to a writ, the period determined in accordance with rule 14.6 (period of notice for lodging answers);

“person having a right to conduct the litigation” means a person having a right to conduct litigation by virtue of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in respect of the category and nature of the cause in question;

“ Principal Clerk ” means the Principal Clerk of Session and Justiciary;

“principal writ” means the writ by which a cause is initiated before the court;

“proof” includes proof before answer;

“rolls” means the lists of the business of the court issued from time to time by the Keeper of the Rolls;

“send” includes deliver; and “sent” shall be construed accordingly;

“simple procedure case” has the meaning given by section 72(9) of the Courts Reform (Scotland) Act 2014;

“step of process” means a document lodged in process other than a production;

“summons” includes the condescendence and pleas-in-law annexed to it;

“vacation judge” means a judge of the court sitting as such in vacation;

“writ” means summons, petition, note, application, appeal, minute, defences, answers, counter-claim, issue or counter-issue, as the case may be.

(2) for the purpose 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 power is conferred in these Rules on the Lord President to make directions, the power may be exercised in his absence by the Lord Justice-Clerk.

(4) Where a provision in these Rules imposes an obligation on a principal officer, the obligation may be performed by a clerk of session authorised by him or by another principal officer; and in this paragraph “principal officer” means the Principal Clerk, Deputy Principal Clerk, Deputy Principal Clerk (Administration), Keeper of the Rolls or Principal Extractor.

(5) Unless the context otherwise requires, where a provision in these Rules requires a party to intimate, give written intimation, or send a document, to another party, it shall be sufficient compliance with that provision if intimation is given or the document is sent, as the case may be, to the agent acting in the cause for that party.

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

(7) Where a provision in these Rules requires a document to be lodged in an office or department of the Office of Court within or not later than a specified period and the last day of that period is a day on which that office or department is closed, the period shall be extended to include the next day on which that office or department, as the case may be, is open or on such other day as may be specified in a notice published in the rolls.

(8) Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form is a reference to the Chapter, Part, rule, or the form in the appendix, 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 the paragraph or that head of the sub-paragraph, in which the reference occurs.

Section 1.4 Forms

Where there is a reference to the use of a form in these Rules, that form in the appendix to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.

Section 1.5 Direction relating to Advocate General

The Lord President may, by direction, specify such arrangements as he considers necessary for, or in connection with, the appearance in court of the Advocate General for Scotland.

Section 2.1 Relief for failure to comply with rules

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(1) The court may relieve a party from the consequences of a failure to comply with a provision in these Rules shown to be due to mistake, oversight or other excusable cause on such conditions, if any, as the court thinks fit.

(2) Where the court relieves a party from the consequences of a failure to comply with a provision in these Rules under paragraph (1), the court may pronounce such interlocutor as it thinks fit to enable the cause to proceed as if the failure to comply with the provision had not occurred.

Section 2.2 Circumstance where aspect of procedure unsuitable

(1) Subparagraph (2) applies where, for any reason, the Lord President is of the opinion that an aspect of the procedure which would otherwise apply to particular proceedings, or proceedings of a particular description, is unsuitable for the efficient disposal of those proceedings.

(2) The Lord President may direct that that aspect of the procedure is not to apply in respect of those proceedings and that such other procedure as he directs is to apply instead.

(3) Before making such a direction the Lord President must consult—

(a) in the case of particular proceedings, the parties;

(b) in the case of proceedings of a particular description, the parties of any proceedings falling within the description which have already been raised.

Section 3.1 Office of Court

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(1) The Office of Court shall comprise–

(a) the General Department;

(b) the Petition Department;

(c) the Rolls Department;

(d) the Extracts Department; and

(e) the Teind Office;

but shall not include the office of the Accountant of Court or the Auditor.

(2) Each department of the Office of Court shall be under the charge of an officer who shall act under the dir ection of the Principal Clerk in consultation with the Lord President.

Section 3.2 General Department

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(1) The General Department shall be under the charge of the Deputy Principal Clerk.

(2) There shall be lodged in the General Department all processes in–

(a) causes originating in the court and initiated by summons or simplified divorce application;

(b) appeals from inferior courts, remits from the sheriff court and the Sheriff Appeal Court , appeals, including references, submissions and applications of the nature of appeals under statute, stated cases and special cases;

(c) causes transmitted from the sheriff court on contingency; and

(d) appeals to the Lands Valuation Appeal Court.

(3) All processes lodged in the General Department shall be classified as–

(a) ordinary actions;

(b) Admiralty and commercial actions;

(c) family (including consistorial) actions; or

(d) lands valuation causes.

Section 3.3 Petition Department

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(1) The Petition Department shall be under the charge of the Deputy Principal Clerk.

(2) There shall be lodged in the Petition Department all processes in causes which are initiated by petition.

Section 3.4 Rolls Department

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(1) The Rolls Department shall be under the charge of the Keeper of the Rolls, who shall be assisted by a clerk of session known as the Assistant Keeper of the Rolls.

(2) The Keeper of the Rolls shall be responsible for keeping the rolls of the court in consultation with the Lord President, the Lord Justice-Clerk and the Principal Clerk.

Section 3.5 Extracts Department

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(1) The Extracts Department shall be under the charge of the Principal Extractor who shall be assisted by a clerk of session known as the Extractor.

(2) The Principal Extractor shall be responsible for extracting the acts and decrees of the court except those in teind causes.

(3) Subject to rule 3.6(3) (duties of the clerk of teinds), the Extractor shall be the Keeper of–

(a) the Register of Acts and Decrees;

(b) the Register of Edictal Citations and Executions of Diligence; and

(c) the Register of Decrees in Consistorial Causes.

(4) As Keeper of the Register of Edictal Citations and Executions of Diligence, the Extractor shall–

(a) record on the copy of the schedule of diligence received by him the date of its receipt at his office;

(b) record the details of that schedule and its receipt in the register;

(c) preserve that schedule and any citation for a period of three years from the date of receipt of the schedule or citation, as the case may be; and

(d) make the register and schedules of diligence and citations executed on him available for inspection at his office during its normal business hours.

Section 3.6 Teind Office

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(1) The Teind Office shall be under the charge of a clerk of session known as the clerk of teinds.

(2) There shall be lodged in the Teind Office all processes which are dealt with by the Teind Court or the Lord Ordinary in teind causes.

(3) The clerk of teinds shall–

(a) keep and index the records and processes in the Teind Office; and

(b) be the Keeper of the Teind Rolls and the Keeper of the Minute Book of the Teind Court.

Section 3.6A Registers kept by the Court

Any register kept by the Court, whether or not under or by virtue of these Rules, may be kept either–

(a) in documentary form; or

(b) in electronic form (that is to say in a form accessible only by electronic means).

Section 3.7 The Auditor

The Auditor shall be responsible for the taxation of accounts of expenses in any cause.

Section 4.1 Form, size, etc., of documents forming the process

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(1) In an action or petition, the principal summons or petition, as the case may be, shall be on a printed form approved by the court, completed in writing, typescript or print and backed with a printed backing approved by the court.

(2) A writ, other than a principal summons or petition, bringing a cause before the court shall be in writing, typescript or print, on paper of a texture and size approved by the court and backed with cartridge paper or paper of similar durability.

(3) A step of process lodged in a cause shall be in writing, typescript or print, on paper of a texture and size approved by the court and, except in the case of a motion, backed with cartridge paper or paper of similar durability.

(4) A step of process other than a motion shall be securely fastened, folded and backed lengthwise and shall bear, on the first page and on the backing, a delimited square for the cause reference number assigned to the principal writ on being lodged.

Section 4.2 Signature of documents

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(1) Subject to paragraph (5), each page of a summons and the condescendence and pleas-in-law annexed to it shall be signed by an agent.

(2) Subject to paragraph (5), a letter passing the signet shall be signed by an agent.

(3) Subject to paragraphs (5) and (9), a petition, note, application or minute shall be signed by counsel or other person having a right of audience, except that–

(a) a petition for the sequestration of the estates of the petitioner, or for recall of his sequestration, may be signed by the petitioner or an agent;

(b) a petition for suspension, suspension and interdict or suspension and liberation may be signed by an agent;

(ba) an application in Form 40.2 or Form 41A.2 may be signed by the applicant or an agent;

(c) a simplified divorce application under rule 49.73 shall be signed by the applicant;

(ca) a petition in Form 58.3 which requires to be lodged urgently and where counsel or other person having a right of audience, as the case may be, is unavailable to sign, may be signed by an agent if—

(i) the agent adds a docquet to the petition providing the name of the agent and confirming that the agent signed the petition on behalf of and with the authority of that counsel, or other person having a right of audience; and

(ii) there is lodged with the petition a declaration by counsel or other person having a right of audience that he or she authorised the agent named to sign the petition as it required to be lodged urgently and that counsel or other person having a right of audience was unavailable to sign;

(cc) a petition in form 61.2 shall be signed only by the Accountant of Court;

(d) an application for registration under Chapter 62 (recognition, registration and enforcement of foreign judgments etc.) may be signed by the petitioner or an agent;

(dd) a petition by the Council of the Law Society of Scotland for a person’s admission as (either or both)—

(i) a solicitor;

(ii) a notary public,

may be signed by any officer of the Society who is authorised by the Council to do so; and

(e) a minute for variation of custody may be signed by a party litigant.

(f) an application in Form 106.2 or Form 106.7 may be signed by the applicant or an agent.

(4) Subject to paragraphs (9) and (10) , defences, answers and other writs (other than appeals) not referred to in paragraphs (1), (2) and (3), shall be signed by counsel or other person having a right of audience, or, in the case of a party litigant, the party litigant.

(5) Where a party litigant is unable to obtain the signature of counsel or other person having a right of audience or an agent on a document as required by paragraph (1), (2) or (3), he may request the Deputy Principal Clerk to place the document before the Lord Ordinary for leave to proceed without such signature; and the decision of the Lord Ordinary shall be final and not subject to review.

(6) Where the Lord Ordinary grants leave to proceed under paragraph (5), the interlocutor granting leave shall be written and signed on the face of the document and the party litigant shall sign the document.

(7) Where an agent signs a document under this rule, he shall append to his signature his business address–

(a) in the case of a summons, at the end of the first page and on the last page after the pleas-in-law; and

(b) in the case of any other document, at the end of the last page.

(8) Where a writ has been signed—

(a) by counsel;

(b) by a person having a right of audience; or

(c) on behalf of and with the authority of counsel or other person having a right of audience in accordance with paragraph (3)(ca),

he or she is to be regarded as the drawer of it and answerable for what it contains.

(9) The following documents shall not require any signature:–

(a) a minute of amendment;

(b) answers to a minute of amendment;

(c) a minute of sist;

(d) a minute of transference;

(e) a minute of objection to a minute of transference;

(f) a note of objection.

(10) Paragraph (3)(ca) applies in respect of answers requiring to be lodged under rule 58.6(1), subject to the following modifications—

(a) the reference to “petition in Form 58.3”; and

(b) the references to “petitions”,

are to be read as references to “answers requiring to be lodged under rule 58.6(1)”.

Section 4.2ZA Applications for leave under section 1 of the Vexatious Actions (Scotland) Act 1898

(1) This rule applies where a person (“the applicant”) who is the subject of an order under section 1 (power of Court of Session to prohibit institution of action without leave) of the Vexatious Actions (Scotland) Act 1898 seeks leave under that section to institute legal proceedings.

(2) The applicant must apply for leave by letter addressed to the Deputy Principal Clerk.

(3) The letter must—

(a) state the full name and address of the applicant;

(b) be accompanied by a copy of the document by which it is proposed to institute legal proceedings;

(c) set out briefly why the applicant considers that leave should be granted;

(d) set out details of any previous application for leave which relates to any extent to the same matter (including, in particular, the outcome of such applications).

(4) The Deputy Principal Clerk must—

(a) in a case where the applicant has previously submitted an application for leave in relation to the same matter and that application has been refused, reject the application and notify the applicant accordingly;

(b) otherwise, place the application before a Lord Ordinary.

(5) The Lord Ordinary may, without a hearing, make an order granting or refusing the leave sought.

(6) The interlocutor of the Lord Ordinary is to be sent to the applicant by letter at the address given in the application.

(7) An interlocutor of a Lord Ordinary granting leave to institute legal proceedings constitutes permission to proceed without a signature under rule 4.2(5) (signature of documents).

Section 4.3 Lodgings of processes

A process shall be lodged in every cause commenced by summons or petition when–

(a) in the case of a summons, the summons is presented for signeting; and

(b) in the case of a petition, the petition is presented to the Petition Department.

except that the foregoing provisions of this rule shall not apply where the petition is in form 61.2

Section 4.4 Steps of process

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(1) A process shall include the following steps of process:–

(a) an inventory of process;

(b) the principal writ;

(c) an interlocutor sheet;

(d) a motion sheet; and

(e) a minute of proceedings.

(2) A step of process referred to in paragraph (1), other than the principal writ, shall contain at least two pages.

(3) A step of process shall be assigned a number of process which shall be marked on the backing with the cause reference number of the principal writ and recorded in the inventory of process.

Section 4.5 Productions

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(1) On each occasion a production is lodged in process–

(a) an inventory of productions shall be lodged in process; and

(b) a copy of the inventory of productions shall be sent to every other party.

(2) A production shall be–

(a) marked with a number of process with the cause reference number assigned to the principal writ; and

(b) if consisting of more than one sheet, securely fastened together.

Section 4.6 Intimation of steps of process

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(1) A party lodging a step of process shall–

(a) give written intimation of the lodgment of it to every other party; and

(b) subject to any other provision in these Rules, send a copy of the step of process lodged to every such party.

(2) A clerk of session shall not mark a step of process as received until a certificate of intimation has been endorsed on it.

Section 4.7 Lodging of documents in Inner House causes

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(1) A party, on lodging in a cause in the Inner House–

(a) a petition or note,

(b) an appeal, ... stated case, special case, case, reference or submission,

(c) answers,

(d) a reclaiming print required under rule 38.5(2) ... (reclaiming prints for reclaiming motions),

(e) a print of the whole pleadings and other documents required under rule 39.1(4) (print of pleadings etc. for motion for new jury trial),

(f) an appeal print required under rule 40.7(2)(b) (appeal print in appeal from inferior court), or

(g) an appendix required under rule 38.19 (lodging of appendices in reclaiming motions), 39.8 (lodging of appendix in application for new trial) or 40.19 (lodging of appendices in appeals from inferior court),

shall lodge in process three copies of the document ....

(1A) A party, on lodging an application for leave to appeal in the Inner House, must—

(a) lodge in process a copy of the application; and

(b) unless otherwise agreed, send a copy to every other party.

(1B) A party who has lodged an application for leave to appeal in the Inner House must, if notified by a clerk of session that the application will be dealt with by a Division of the Inner House under rule 37A.2(3), lodge in process two additional copies of the application within the period of 7 days beginning with the date of notification.

(2) Where a party intends to refer to a document, other than one mentioned in paragraph (1) at a hearing before a Division of the Inner House, he shall lodge three copies of it in process by 12 noon on the second sitting day before the hearing.

(3) Unless rule 37A.2(3) applies, where a party intends to refer to a document (other than the application itself) at a hearing on an application for leave to appeal, the party shall lodge a copy of it in process by 12 noon on the second sitting day before the hearing.

Section 4.8 Copies of documents for use of court

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(1) A clerk of session shall refuse to accept a copy of a document for the use of the court which does not conform to a standard approved by the court in size, spacing, lettering, legibility, quality of paper or otherwise.

(2) A party tendering a document which is refused by a clerk of session shall have the right to apeal in writing to the Deputy Principal Clerk.

(3) Where the Deputy Principal Clerk refuses an appeal under paragraph (2), he may extend the time for lodging the document.

(4) A decision of the Deputy Principal Clerk under this rule shall be final and not subject to review.

Section 4.9 Documents ordered or allowed to be lodged

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(1) Where the court pronounces an interlocutor ordering or allowing a document to be lodged in process, it shall specify a time within which the document shall be lodged.

(2) The time for lodging a document referred to in paragraph (1) may be prorogated by the court on an application by motion enrolled before the time for lodging has expired.

(3) A document lodged in process, in terms of an interlocutor ordering or allowing it to be lodged, shall have marked on it–

(a) the date of the interlocutor ordering or allowing it to be lodged;

(b) the date of any interlocutor prorogating the time originally allowed; and

(c) the time allowed for lodging it.

Section 4.10 Receipt of documents

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(1) Subject to paragraph (2), a clerk of session shall mark the date of receipt on every document lodged in process other than a production.

(2) A clerk of session shall not accept, or mark as received, a document after the day on which it is due to be lodged.

Section 4.11 Documents not to be borrowed

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(1) Subject to paragraph (2), a writ shall remain in the Office of Court and shall not be borrowed from process, but may be inspected by any person having an interest.

(2) Paragraph (1) shall not apply to–

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a party borrowing his principal writ for the purposes of service or intimation; or

(c) a party borrowing his writ for the purpose of writing on it and authenticating an amendment which has been made.

(3) The following steps of process shall not be borrowed from process:–

(a) the inventory of process;

(b) the interlocutor sheet;

(c) the motion sheet;

(d) the minute of proceedings;

(e) any inventory of productions;

(f) the principal copy of a report ordered by the court and lodged in process;

(g) the principal or any copy of a bond of caution or a consignation receipt lodged in process; and

(h) the principal copy of any other document by which an order of the court to find caution or give security is satisfied and lodged in process until the order is recalled.

Section 4.12 Borrowing and returning documents

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(1) A party borrowing a document which may be borrowed shall give a receipt for it, dated and signed, on the inventory of process.

(2) Subject to paragraph (3), before a clerk of session accepts a document for return to process, he shall–

(a) compare it with the inventory of process and receipt in the presence of the person returning it, delete the receipt and initial and date the deletion; or

(b) in the case of a partial return, mark on the inventory of process the document so returned and initial and date the entry.

(3) Where the document being returned is bulky so that it cannot be examined conveniently at the time–

(a) a clerk of session shall not accept the document without a separate slip accompanying it, dated and signed by the party returning it, specifying the number of process so returned; and

(b) the clerk of session receiving it shall examine it before the close of the following business day and give written intimation to the party returning it of any inaccuracy in the slip accompanying it.

(4) Where written intimation is not given under paragraph (3)(b), the accuracy of the slip shall be presumed and the party returning the document shall be exonered as if the receipt had been deleted under paragraph (2)(a) or marked under paragraph (2)(b), as the case may be.

(5) A party returning more than one document shall ensure that the documents returned are arranged in consecutive order according to the inventory of process; and a clerk of session may refuse to accept documents which are not so arranged.

(6) The court may, on the motion of a party, ordain any other party who has borrowed a document to return that document within such period as the court think`s fit.

Section 4.13 Finally extracted processes not to be borrowed

No step of process may be borrowed after a final extract has been issued.

Section 4.14 Lost documents

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(1) Where–

(a) a principal writ,

(b) other pleadings, or

(c) an interlocutor sheet,

is lost or destroyed, a copy of it may be substituted which is proved in the cause to the satisfaction of the court and authenticated in such manner as the court thinks fit.

(2) A copy of a document substituted under paragraph (1) shall be equivalent to the original for the purposes of the cause and the process of which it forms a part, including the use of diligence.

Section 4.15 Outer House interlocutors

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(1) This rule applies to interlocutors pronounced in the Outer House.

(2) Subject to paragraphs (3) and (3A) , an interlocutor pronounced by the Lord Ordinary may be written by the clerk of court and shall be signed by the Lord Ordinary.

(3) Subject to any direction he may be given by the Lord Ordinary, a depute clerk of session may sign an interlocutor, other than a final interlocutor, in respect of a motion which is not starred; and that interlocutor shall be treated for all purposes as if it had been signed by the Lord Ordinary.

(3A) Subject to any direction he may be given by the Lord Ordinary, an assistant clerk of session may sign an interlocutor, other than a final interlocutor, in respect of a motion which is intimated and enrolled in accordance with Part 2 of Chapter 23 and which is not starred; and that interlocutor shall be treated for all purposes as if it had been signed by the Lord Ordinary.

(4) An interlocutor may be signed during session or in vacation.

(5) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.

(6) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–

(a) the Lord Ordinary who signed it or on whose behalf it was signed; or

(b) in the event of the death, disability or absence of the Lord Ordinary, any other judge of the court.

Section 4.16 Inner House interlocutors

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(1) This rule applies to interlocutors pronounced in the Inner House , except interlocutors mentioned in rule 4.16A (Inner House interlocutors relating to procedural business) .

(2) Subject to paragraph (3), an interlocutor of the Inner House may be written by the clerk of court and shall be adjusted and signed by–

(a) the judge who presided in the Division of the Inner House when the matter to be dealt with in the interlocutor was determined, or

(b) in the event of the death, disability or absence of that judge, the next senior judge who sat in that Division when the matter to be dealt with in the interlocutor was determined,

as soon as reasonably practicable and after such consultation as may be necessary with the other members of the Division who sat.

(3) An interlocutor of the Inner House in respect of a motion which is not starred shall be adjusted and signed by the judge presiding at the time when the motion was brought before the Division of the Inner House.

(4) An interlocutor may be signed during session or in vacation.

(5) The judge signing an interlocutor of the Inner House shall append the letters “I.P.D.” to his signature as conclusive evidence that the requirements of the preceding paragraphs of this rule have been complied with.

(6) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.

(7) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–

(a) the judge who signed it; or

(b) in the event of the death, disability or absence of that judge, the next senior judge of the same Division of the Inner House.

Section 4.16A Inner House interlocutors relating to procedural business

(1) This rule applies to interlocutors pronounced in the Inner House in relation to procedural business dealt with by a procedural judge within the meaning of rule 37A.1 (quorum of Inner House for certain business) and rule 37A.2 (procedural judges in the Inner House).

(2) An interlocutor may be written by the clerk of court and shall be adjusted and signed by the procedural judge who determined the matter dealt with in the interlocutor.

(3) An interlocutor may be signed during session or in vacation.

(4) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.

(5) An interlocutor may, on cause shown, be corrected or altered at any time before extract by—

(a) the judge who signed it; or

(b) in the event of the death, disability or absence of that judge, any other procedural judge.

Section 5.1 Orders against which caveats may be lodged

Without prejudice to rule 5.1A., a person may only lodge a caveat against–

(a) an interim interdict sought in an action before he has lodged defences;

(b) an interim order sought in an action before the expiry of the period within which he could enter appearance;

(c) an interim order (other than an order under section 1 of the Administration of Justice (Scotland) Act 1972 (orders for inspection of documents and other property, etc.) sought in a petition before he has lodged answers;

(d) an order for intimation, service and advertisement of a petition to wind up, or to appoint an administrator to, a company in which he has an interest; and

(e) an order for intimation, service and advertisement of a petition for his sequestration.

Section 5.1A Further restriction as to caveats

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A caveat shall not be lodged against an order for intimation, service and advertisement of a petition for—

(a) a bank insolvency order under rule 74.35;

(b) a bank administration order under rule 74.45;

(c) a building society special administration order under rule 74.51; or

(d) a building society insolvency order under rule 74.52.

Section 5.2 Form, lodging and renewal of caveats

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(1) A caveat shall be in Form 5.2 and shall be lodged in the Petition Department.

(2) A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of a year and yearly thereafter.

Section 6.1 Printing and publishing of rolls

The rolls shall be printed and published, and delivered to subscribers, under directions made from time to time by the Lord President.

Section 6.2 Fixing and allocation of diets in Outer House

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(1) This rule applies to the fixing and allocation of diets in the Outer House.

(2) The court shall not proceed to fix a diet where–

(a) a proof is allowed;

(b) issues are approved; or

(c) a cause is appointed to the Procedure Roll.

(2A) Where a party enrols a motion for a cause to be appointed to the Procedure Roll he shall include in the enrolled motion his estimate of the likely duration of the Procedure Roll hearing.

(2B) If any other party considers that the estimate included under paragraph (2A) is too low, he shall record upon the enrolled motion his own estimate.

(2C) On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purposes of his carrying out the functions conferred on him by paragraphs (3) and (4), the clerk of court shall note the estimate provided in pursuance of paragraph (2A) unless a higher estimate is recorded under paragraph (2B), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded.

(3) Subject to paragraph (4), a cause appointed to the Procedure Roll may be put out for hearing by the Keeper of the Rolls in the course of any week where, unless the parties otherwise agree, the diet has been published in the rolls on Thursday of the preceding week.

(4) Where a hearing on the Procedure Roll is anticipated to be of some length or complexity, the parties may arrange a fixed diet with the Keeper of the Rolls.

(5) When a party enrols for a proof to be allowed or issues to be approved in a cause depending before the Outer House he shall include in the enrolled motion his estimate of the likely duration of the proof or jury trial and request that the diet be allocated accordingly.

(6) If any other party considers that the estimate so included is too low, he shall record upon the enrolled motion his own estimate.

(7) On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purpose of his allocating the diet, the clerk of court shall note the estimate provided in pursuance of paragraph (5) unless a higher estimate is recorded under paragraph (6), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded; and the Keeper of the Rolls shall allocate the diet of proof or jury trial accordingly and give written intimation of it to each party.

(7A) Any estimate included or recorded by a party under paragraph (2A), (2B), (5) or (6) shall be certified in Form 6.2 by any counsel or other person having a right of audience instructed by that party to represent him at the Procedure Roll hearing, proof, or jury trial, as the case may be.

(7B) A certificate under paragraph (7A) shall be lodged–

(a) where it relates to an estimate included under paragraph (2A) or (5), at the time of enrolling the motion mentioned in that paragraph;

(b) where it relates to an estimate recorded under paragraph (2B) or (6), at the time of recording that estimate.

(7C) Where a party’s original estimate of the duration of any diet changes, that party shall lodge a further Form 6.2 no later than 14 days before the date of any Procedure Roll hearing, proof or jury trial.

(13) An application for the allocation of a special diet may be made to the Keeper of the Rolls–

(a) on cause shown;

(b) of consent of all parties; and

(c) before a diet has been allocated under a preceding paragraph of this rule.

(14) Where an application under paragraph (13) is refused, the parties may bring the application before the Lord President; and the Lord President, or a judge nominated by him, shall determine the application in chambers.

(15) Parties shall attend on the Keeper of the Rolls for the purpose of fixing a diet for–

(a) a proof or jury trial in a cause of exceptional length or complexity;

(b) an undefended proof;

(c) a continued proof;

(d) a continued hearing; or

(e) a hearing on evidence.

Section 6.3 Allocation of diets in Inner House

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Section 6.4 Putting out causes for proof, jury trial or hearing

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(1) The Keeper of the Rolls shall prepare and publish in the rolls from time to time lists of all causes in which diets have been fixed or allocated–

(a) in the Summar Roll, or

(b) for proof, jury trial or other hearing,

and put out such causes before such Division of the Inner House or Lord Ordinary, as the case may be, as may be convenient.

(2) Without prejudice to rule 6.2(3) (causes appointed to procedure roll put out for hearing), a cause published in the rolls for hearing on any roll or at any diet shall be published not later than the second day before the day on which the cause is to be heard.

Section 7.1 Applications for extracts

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(1) Subject to the provisions of this Chapter mentioned in paragraph (2), an application may be made for an extract of an act or a decree after the expiry of 7 days after the date of the act or decree, as the case may be.

(2) The provisions referred to in paragraph (1) are:–

paragraph (4) of this rule,

rule 7.2 (extracts of decrees in certain family actions),

rule 7.3 (amendments to principal writ),

rule 7.4 (return of steps of process and borrowing productions).

(3) An application under paragraph (1) shall be made by note to the Extractor in Form 7.1 lodged in the appropriate department of the Office of Court.

(4) The court may authorise immediate extract or supersede extract for such period as it thinks fit.

Section 7.2 Extracts of decrees in certain family actions

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(1) Subject to paragraph (2), a decree–

(a) of divorce,

(b) of declarator of nullity of marriage, or

(c) in an action to which rule 49.28 (evidence in certain undefended family actions) applies,

shall be extracted automatically after the expiry of 21 days after the date of decree unless a reclaiming motion has been enrolled.

(2) A decree of divorce in a simplified divorce application shall be extracted immediately.

(3) An extract under paragraph (1) or (2) shall be issued by the Extractor to the pursuer and a copy of it sent by the Extractor by first class post to the defender where his address is known.

(4) Additional extracts under this rule may be obtained from the Extracts Department.

Section 7.3 Amendments to principal writ

An amendment which has been allowed to the instance or a conclusion of a summons, or to a petition, shall be written on the principal writ before the process is transmitted to the Extracts Department for an extract.

Section 7.4 Return of steps of process and borrowing productions

Before an application is made under rule 7.1 for a final extract–

(a) any step of process which has been borrowed shall be returned; and

(b) each party shall borrow the productions lodged by him.

Section 7.5 Decrees for payment in foreign currency

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(1) Where an application is made under rule 7.1 for an extract of a decree for payment in a foreign currency, the applicant shall lodge with the note to the Extractor a certified statement of the rate of exchange prevailing at–

(a) the date of the decree sought to be extracted,

(b) the date on which the note to the Extractor is lodged, or

(c) a date within three days before the date on which the note to the Extractor is lodged,

and the sterling equivalent of the principal sum, interest and expenses decerned for.

(2) The certified statement required under paragraph (1) shall be by an official in the Bank of England or an institution authorised under the Banking Act 1987 .

Section 7.6 Decrees of adjudication

Where an application is made under rule 7.1 for an extract of a decree of adjudication for debt, the applicant shall lodge with the note to the Extractor a statement of the accumulated sum in Form 7.6.

Section 7.7 Interest

Where interest is included in, or payable under, a decree, it shall be at the rate of 8 per cent a year unless otherwise stated.