Act of Sederunt (Summary Cause Rules) 2002

APPENDIX 2 GLOSSARY

Absolve

To find in favour of and exonerate the defender.

Absolvitor

An order of the court granted in favour of and exonerating the defender which means that the pursuer is not allowed to bring the same matter to court again.

Action of count, reckoning and payment

A legal procedure for requiring someone to account for their dealings with assets under their stewardship. For example, a trustee might be subject to such an action.

Action of furthcoming

A final stage of diligence or enforcement. It results in whatever has been subject to arrestment being made over to the person who is suing. For example, where a bank account has been arrested this results in the appropriate amount being transferred to the pursuer.

Appellant

A person making an appeal against the sheriff’s decision. This might be the pursuer or the defender.

Arrestee

A person subject to an arrestment.

Arrestment on the dependence

A court order to freeze the goods or bank account of the defender until the court has heard the case.

Arrestment to found jurisdiction

A court order used against a person who has goods or other assets in Scotland to give the court jurisdiction to hear a case. This is achieved by preventing anything being done with the goods or assets until the case has been disposed of.

Authorised lay representative

A person other than a lawyer who represents a party to a summary cause.

Calling date

The date on which the case will first be heard in court.

Cause

Another word for case or claim.

Caution (pronounced kay-shun)

A security, usually a sum of money, given to ensure that some obligation will be carried out.

Certificate of execution of service

The document recording that an application to, or order or decree of, the court for service of documents has been effected.

Charge

An order to obey a decree of a court. A common type is one served on the defender by a sheriff officer on behalf of the pursuer who has won a case demanding payment of a sum of money.

Claim

The part of the summons which sets out the legal remedy which the pursuer is seeking.

Commission and diligence

Authorisation by the court for someone to take the evidence of a witness who cannot attend court or to obtain the production of documentary evidence. It is combined with a diligence authorising the person appointed to require the attendance of the witness and the disclosure of documents.

Consignation

The deposit in court, or with a third party, of money or an article in dispute.

Continuation

An order made by the sheriff postponing the completion of a hearing until a later date or dates.

Contribution, Right of

The right of one person who is legally liable to pay money to someone to claim a proportionate share from others who are also liable.

Counterclaim

A claim made by a defender in response to the pursuer’s case and which is not necessarily a defence to that case. It is a separate but related case against the pursuer which is dealt with at the same time as the pursuer’s case.

Damages

Money compensation payable for a breach of contract or some other legal duty.

Declarator of irritancy of a lease

A decision of a court finding that a tenant has failed to observe a term of a lease which may lead to the termination of the lease.

Decree

An order of the court containing the decision of the case in favour of one of the parties and granting the remedy sought or disposing of the case.

Decree of ejection

A decree ordering someone to leave land or property which they are occupying. For example, it is used to remove tenants in arrears with their rent.

Decree of removing

A court order entitling someone to recover possession of heritable property and ordering a person to leave land which he is occupying. For example, it is used to remove tenants in arrears with their rent.

Defender

Person against whom a summary cause is started.

Deliverance

A decision or order of a court.

Diet

Date for a court hearing.

Diligence

The collective term for the procedures used to enforce a decree of a court. These include arrestment of wages, goods or a bank account.

Dismissal

An order bringing to an end the proceedings in a summary cause. It is usually possible for a new summary cause to be brought if not time barred.

Domicile

The place where a person is normally resident or where, in the case of a company, it has its place of business or registered office.

Execution of service

See Certificate of execution of service.

Execution of a charge

The intimation of the requirement to obey a decree or order of a court.

Execution of an arrestment

The carrying out of an order of arrestment.

Expenses

The costs of a court case.

Extract decree

The document containing the order of the court made at the end of the summary cause. For example, it can be used to enforce payment of a sum awarded.

Fund in medio

See Multiplepoinding.

Haver

A person who holds documents which are required as evidence in a case.

Heritable property

Land and buildings as opposed to moveable property.

Huissier

An official in France and some other European countries who serves court documents.

Incidental application

An application that can be made during the course of a summary cause for certain orders. Examples are applications for the recovery of documents or to amend the statement of claim.

Interlocutor

The official record of the order or judgment of a court.

Interrogatories

Written questions put to someone in the course of a court case and which must be answered on oath.

Intimation

Giving notice to another party of some step in a summary cause.

Jurisdiction

The authority of a court to hear particular cases.

Ish

The date on which a lease terminates.

Letter of request

A document issued by the sheriff court requesting a foreign court to take evidence from a specified person within its jurisdiction or to serve Scottish court documents on that person.

Messenger at arms

Officers of court who serve documents issued by the Court of Session.

Minute

A document produced in the course of a case in which a party makes an application or sets out his position on some matter.

Minute for recall

A form lodged with the court by one party asking the court to recall a decree.

Multiplepoinding (pronounced “multiple pinding”)

A special type of summary cause in which the holder of property, etc. (referred to as the fund in medio) requires claimants upon it to appear and settle claims in court. For example, where the police come into possession of a stolen car of which two or more people claim to be owner this procedure could be used.

Options Hearing

A preliminary stage in an ordinary cause action.

Ordinary cause

Another legal procedure for higher value cases available in the sheriff court.

Party litigant

A person who conducts his own case.

Process

The court file containing the collection of documents relating to a case.

Productions

Documents or articles which are used in evidence.

Pursuer

The person who starts a summary cause.

Recall of an arrestment

A court order withdrawing an arrestment.

Restriction of an arrestment

An order releasing part of the money or property arrested.

Recall of a decree

An order revoking a decree which has been granted.

Recovery of documents

The process of obtaining documentary evidence which is not in the possession of the person seeking it (e.g. hospital records necessary to establish the extent of injuries received in a road accident).

Remit between procedures

A decision of the sheriff to transfer the summary cause to another court procedure e.g. small claim or ordinary cause procedure.

Respondent

When a decision of the sheriff is appealed against, the person making the appeal is called the appellant. The other side in the appeal is called the respondent.

Return day

The date by which the defender must send a written reply to the court and, where appropriate, the pursuer must return the summons to court.

Schedule of arrestment

The list of items which may be arrested.

Serve / service

Sending a copy of the summons or other court document to the defender or another party.

Sheriff clerk

The court official responsible for the administration of the sheriff court.

Sheriff officer

A person who serves court documents and enforces court orders.

Sist of action

The temporary suspension of a court case by court order.

Sist as a party

To add another person as a litigant in a case.

Small claim

Another legal procedure in the sheriff court for claims having a lower value than summary cause.

Specification of documents

A list lodged in court of documents for the recovery of which a party seeks a court order.

Stated case

An appeal procedure where the sheriff sets out his findings and the reasons for his decision and states the issues on which the decision of the sheriff principal is requested.

Statement of claim

The part of the summons in which pursuers set out details of their cases against defenders.

Summons

The form which must be filled in to begin a summary cause.

Time to pay direction

A court order for which a defender who is an individual may apply permitting a sum owed to be paid by instalments or by a single payment at a later date.

Time order

A court order which assists debtors who have defaulted on an agreement regulated by the Consumer Credit Act 1974 (c. 39) and which may be applied for during a court action.

Warrant for diligence

Authority to carry out one of the diligence procedures.

Writ

A legally significant writing.