Act of Sederunt (Summary Cause Rules) 2002

Authentication and effect of summons

4.4.—(1) A summons shall be authenticated by the sheriff clerk in some appropriate manner except where–

(a) he refuses to do so for any reason;

(b) the defender’s address is unknown; or

(c) a party seeks to alter the normal period of notice specified in rule 4.5(2).

(2) If any of paragraphs (1)(a), (b) or (c) applies, the summons shall be authenticated by the sheriff, if he thinks it appropriate.

(3) The authenticated summons shall be warrant for–

(a) service on the defender; and

(b) where the appropriate warrant has been sought in the summons–

(i) arrestment on the dependence; or

(ii) arrestment to found jurisdiction,

as the case may be.