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Scottish
Statutory Instrument 2002 No. 133
Act of
Sederunt (Small Claim Rules) 2002
CHAPTER 8
Undefended claim
Undefended claim
8.1. — (1) Where the defender has not lodged a form
of response on or before the return day, the claim shall not require
to call in court.
(2)
Where paragraph (1) applies, the pursuer must lodge a minute in Form
11 before the sheriff clerk's office closes for business on the
second day before the date set for the hearing.
(3)
Where the pursuer has lodged a minute in accordance with paragraph
(2), the sheriff may grant decree or other competent order sought in
terms of that minute.
(4)
Where the pursuer has not lodged a minute in accordance with
paragraph (2), the sheriff must dismiss the claim.
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