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Act of Sederunt (Summary Cause Rules) 2002

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Summary Cause Rules

  4. 3.Transitional provision

  5. 4.Revocation

  6. Signature

    1. SCHEDULE 1

      SUMMARY CAUSE RULES 2002

      1. CHAPTER 1 Citation, interpretation and application

        1. 1.1.Citation, interpretation and application

      2. CHAPTER 2 Representation

        1. 2.1.Representation

      3. CHAPTER 3 Relief from failure to comply with rules

        1. 3.1.Dispensing power of sheriff

      4. CHAPTER 4 Commencement of action

        1. 4.1.Form of summons

        2. 4.2.Statement of claim

        3. 4.3.Defender’s copy summons

        4. 4.4.Authentication and effect of summons

        5. 4.5.Period of notice

        6. 4.6.Intimation

      5. CHAPTER 5 Register of Summary Causes, service and return of the summons

        1. 5.1.Register of Summary Causes

        2. 5.2.Persons carrying on business under trading or descriptive name

        3. 5.3.Form of service and certificate thereof

        4. 5.4.Service within Scotland by sheriff officer

        5. 5.5.Service on persons whose address is unknown

        6. 5.6.Service by post

        7. 5.7.Service on persons outwith Scotland

        8. 5.8.Endorsation by sheriff clerk of defender’s residence not necessary

        9. 5.9.Contents of envelope containing defender’s copy summons

        10. 5.10.Re-service

        11. 5.11.Defender appearing barred from objecting to service

        12. 5.12.Return of summons

      6. CHAPTER 6 Arrestment

        1. 6.1.Service of schedule of arrestment

        2. 6.2.Arrestment before service

        3. 6.3.Recall and restriction of arrestment

      7. CHAPTER 7 Undefended action

        1. 7.1.Undefended action

        2. 7.2.Application for time to pay direction or time order

        3. 7.3.Decree in actions to which the Hague Convention or Civil Jurisdiction and Judgments Act 1982 apply

      8. CHAPTER 8 Defended action

        1. 8.1.Response to summons

        2. 8.2.Procedure in defended action

        3. 8.3.Purpose of hearing

        4. 8.4.Remit to person of skill

        5. 8.5.Inspection and recovery of documents

        6. 8.6.Exchange of lists of witnesses

        7. 8.7.Exchange of reports of skilled witnesses

        8. 8.8.Evidence generally

        9. 8.9.Hearing parts of action separately

        10. 8.10.Returning borrowed parts of process before proof

        11. 8.11.Conduct of proof

        12. 8.12.Administration of oath or affirmation to witness

        13. 8.13.Noting of evidence, etc.

        14. 8.14.Parties to be heard at close of proof

        15. 8.15.Objections to admissibility of evidence

        16. 8.16.Incidental appeal against rulings on confidentiality of evidence and production of documents

        17. 8.17.Application for time to pay direction or a time order in defended action

        18. 8.18.Pronouncement of decision

      9. CHAPTER 9 Incidental applications and sists

        1. 9.1.General

        2. 9.2.Application to sist action

      10. CHAPTER 10 Counterclaim

        1. 10.1.Counterclaim

      11. CHAPTER 11 Third party procedure

        1. 11.1.Application for third party notice

        2. 11.2.Procedure

        3. 11.3.Warrants for diligence on third party notice

      12. CHAPTER 12 Summary decree

        1. 12.1.Application of chapter

        2. 12.2.Application for summary decree

        3. 12.3.Summary decree in a counterclaim etc.

      13. CHAPTER 13 Alteration of summons etc.

        1. 13.1.Alteration of summons etc.

      14. CHAPTER 14 Additional defender

        1. 14.1.Additional defender

      15. CHAPTER 15 Application for sist of party and transference

        1. 15.1.Application for sist of party and transference

      16. CHAPTER 16 Transfer and remit of actions

        1. 16.1.Transfer to another court

        2. 16.2.Remit between procedures

        3. 16.3.Remit from Court of Session

      17. CHAPTER 17 Productions and documents

        1. 17.1.Lodging of productions

        2. 17.2.Copy productions

        3. 17.3.Borrowing of productions

        4. 17.4.Penalty for failure to return productions

        5. 17.5.Documents lost or destroyed

        6. 17.6.Documents and productions to be retained in custody of sheriff clerk

      18. CHAPTER 18 Recovery of evidence and attendance of witnesses

        1. 18.1.Diligence for recovery of documents

        2. 18.2.Optional procedure before executing commission and diligence

        3. 18.3.Applications for orders under section 1 of the Administration of Justice (Scotland) Act 1972

        4. 18.4.Confidentiality

        5. 18.5.Preservation and obtaining of evidence

        6. 18.6.Warrants for production of original documents from public records

        7. 18.7.Letter of request

        8. 18.8.Citation of witnesses

        9. 18.9.Citation of witnesses by party litigants

        10. 18.10.Witnesses failing to attend

      19. CHAPTER 19 Challenge of documents

        1. 19.1.Challenge of documents

      20. CHAPTER 20 European Court

        1. 20.1.Interpretation of rules 20.2 to 20.5

        2. 20.2.Application for reference

        3. 20.3.Preparation of case for reference

        4. 20.4.Sist of action

        5. 20.5.Transmission of reference

      21. CHAPTER 21 Abandonment

        1. 21.1.Abandonment of action

      22. CHAPTER 22 Decree by default

        1. 22.1.Decree by default

      23. CHAPTER 23 Decrees, extracts, execution and variation

        1. 23.1.Decree

        2. 23.2.Final decree

        3. 23.3.Expenses

        4. 23.4.Correction of interlocutor or note

        5. 23.5.Taxes on funds under control of the court

        6. 23.6.Extract of decree

        7. 23.7.Charge

        8. 23.8.Service of charge where address of defender is unknown

        9. 23.9.Diligence on decree in actions for delivery

        10. 23.10.Applications in same action for variation, etc. of decree

      24. CHAPTER 24 Recall of decree

        1. 24.1.Recall of decree

      25. CHAPTER 25 Appeals

        1. 25.1.Appeals

        2. 25.2.Effect of and abandonment of appeal

        3. 25.3.Hearing of appeal

        4. 25.4.Appeal in relation to a time to pay direction

        5. 25.5.Sheriff to regulate interim possession

        6. 25.6.Provisions for appeal in actions for recovery of heritable property to which rule 30.2 applies

        7. 25.7.Appeal to the Court of Session

      26. CHAPTER 26 Management of damages payable to persons under legal disability

        1. 26.1.Orders for payment and management of money

        2. 26.2.Methods of management

        3. 26.3.Subsequent orders

        4. 26.4.Management of money paid to sheriff clerk

        5. 26.5.Management of money payable to children

      27. CHAPTER 27 Action of multiplepoinding

        1. 27.1.Application of Chapter

        2. 27.2.Application of other rules

        3. 27.3.Pursuer in multiplepoinding

        4. 27.4.Parties

        5. 27.5.Statement of fund or subject in medio

        6. 27.6.Response to summons

        7. 27.7.Procedure where response lodged

        8. 27.8.Objections to fund or subject in medio

        9. 27.9.Claims hearing

        10. 27.10.Procedure at claims hearing

        11. 27.11.Advertisement

        12. 27.12.Consignation and discharge of holder

      28. CHAPTER 28 Action of furthcoming

        1. 28.1.Expenses included in claim

      29. CHAPTER 29 Action of count, reckoning and payment

        1. 29.1.Response to summons

        2. 29.2.Accounting hearing

      30. CHAPTER 30 Recovery of possession of heritable property

        1. 30.1.Action raised under section 38 of the 1907 Act

        2. 30.2.Action against persons in possession of heritable property without right or title

        3. 30.3.Effect of decree

        4. 30.4.Preservation of defender’s goods and effects

        5. 30.5.Action of removing where fixed term of removal

        6. 30.6.Form of notices and letter

        7. 30.7.Giving notice of removal

        8. 30.8.Evidence of notice to remove

      31. CHAPTER 31 Action of sequestration for rent

        1. 31.1.General

        2. 31.2.Appraisal inventory and execution of citation

        3. 31.3.Procedure

        4. 31.4.Sale to be reported within 14 days

        5. 31.5.Recall of sequestration

        6. 31.6.Warrant to eject and re-let where premises displenished

        7. 31.7.Warrant to sequestrate, etc.

      32. CHAPTER 32 Action for aliment

        1. 32.1.Recall or variation of decree for aliment

        2. 32.2.Warrant and forms for intimation

      33. CHAPTER 33 Child Support Act 1991

        1. 33.1.Interpretation of rules 33.2 to 33.4

        2. 33.2.Statement of claim

        3. 33.3.Effect of maintenance calculations

        4. 33.4.Effect of maintenance calculations on extracts of decrees relating to aliment

      34. CHAPTER 34 Action of damages for personal injury

        1. 34.1.Application of Chapter and disapplication of certain rules

        2. 34.2.Form of summons

        3. 34.3.Response to summons

        4. 34.4.Inspection and recovery of documents

        5. 34.5.Statement of valuation of claim

        6. 34.6.Intimation to connected persons

        7. 34.7.Application for further damages

      35. CHAPTER 35 Electronic transmission of documents

        1. 35.1.Extent of provision

        2. 35.2.Time of lodgement

      36. APPENDIX 1

        Forms

          FORM 1

          Summons

          FORM 1a

          Defender's copy summons - Claim for or including claim for payment of money where time to pay direction or time order may be applied for

          FORM 1b

          Defender's copy summons - claim for or including payment of money (where time to pay direction or time order may not be applied for)

          FORM 1c

          Defender's copy summons - non monetary claim

          FORM 1d

          Defender's copy summons - multiplepoinding

          FORM 2

          Form of claim in a summons for payment of money

          FORM 3

          Form of claim in a summons for recovery of possession of heritable property

          FORM 3a

          Form of notice of removal under sections 34, 35 or 36 of the Sheriff Courts (Scotland) Act 1907

          FORM 3b

          Form of notice of removal under section 37 of the Sheriff Courts (Scotland) Act 1907

          FORM 3c

          Form of letter of removal

          FORM 4

          Form of claim in a summons of sequestration for rent

          FORM 4a

          Notice informing defender of right to apply for certain orders under the Debtors (Scotland) Act 1987

          FORM 4b

          Certificate of Sequestration

          FORM 5

          Form of claim in a summons of multiplepoinding

          FORM 5a

          Form of statement by holder of fund or subject when not the pursuer

          FORM 5b

          Form of claim on the fund or subject in action of multiplepoinding

          FORM 6

          Form of claim in a summons of furthcoming

          FORM 7

          Form of claim in a summons for delivery

          FORM 8

          Form of claim in a summons for implement of an obligation

          FORM 9

          Form of claim in a summons for count, reckoning and payment

          FORM 10

          Form of statement of claim in a summons for damages for personal injury

          FORM 10a

          Form of claim for provisional damages

          FORM 10b

          Form of response

          FORM 10c

          Form of statement of valuation of claim

          FORM 10d

          Form of intimation to connected persons

          FORM 10e

          Specification of documents

          FORM 10f

          Form of minute – application for further damages

          FORM 10g

          Form of notice of application for further damages

          FORM 11

          Form of service

          FORM 12

          Form of certificate of execution of service

          FORM 13

          Service on person whose address is unknown

          Form of advertisement

          FORM 14

          Service on person whose address is unknown

          FORM of notice to be displayed on the walls of court

          FORM 15

          Service by post – form of notice

          FORM 16

          Recall or restriction of arrestment

          Certificate authorising the release of arrested funds or property

          FORM 17

          Form of minute – no form of response lodged by defender

          FORM 18

          Form of minute – pursuer not objecting to application for a time to pay direction or time order

          FORM 19

          Form of minute – pursuer opposing an application for a time to pay direction or time order

          FORM 20

          Form of oath for witnesses

          FORM 21

          Form of affirmation for witnesses

          FORM 22

          Form of third party notice

          FORM 23

          Form of response to third party notice

          FORM 24

          Order by the court and certificate in optional procedure for recovery of documents

          FORM 25

          Form of minute in an application for letter of request

          FORM 25a

          Form of letter of request

          FORM 26

          Form of witness citation

          FORM 26a

          Form of certificate of witness citation

          FORM 27

          Form of reference to the European Court

          FORM 28

          Form of extract decree – basic

          FORM 28a

          FORM of extract decree – payment

          FORM 28b

          Form of extract decree – recovery of possession of heritable property

          FORM 28c

          Form of extract decree and warrant to sell in sequestration for rent and sale

          FORM 28d

          Form of extract – warrant for ejection and to re-let in sequestration for rent and sale

          FORM 28e

          Form of extract decree – furthcoming

          FORM 28f

          Form of extract decree – delivery

          FORM 28g

          Form of extract decree – delivery – payment failing delivery

          FORM 28h

          Form of extract decree – aliment

          FORM 28i

          Form of extract decree – ad factum praestandum

          FORM 28j

          Form of extract decree– absolvitor

          FORM 28k

          Form of extract decree – dismissal

          FORM 29

          Form of certificate by sheriff clerk

          Service of charge where address of defender is unknown

          FORM 30

          Minute for recall of decree

          FORM 30a

          Minute for recall of decree – service copy

          FORM 31

          Form of note of appeal to the sheriff principal

          FORM 32

          Application for leave to appeal against time to pay direction

          FORM 33

          Appeal against time to pay direction

          FORM 34

          Application for certificate of suitability for appeal to the Court of Session

          FORM 35

          Form of receipt for money paid to the sheriff clerk

          FORM 36

          Action for aliment

          Form of notice of intimation to children and next of kin where address of defender is unknown

          FORM 37

          Action for aliment

          Form of notice of intimation to children, next of kin and guardian where defender suffers from mental disorder

      37. APPENDIX 2

        GLOSSARY

    2. SCHEDULE 2

      REVOCATIONS

  8. Explanatory Note

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