Act of Sederunt (Summary Cause Rules) 2002

Register of Summary Causes

5.1.—(1) The sheriff clerk shall keep a register of summary cause actions and incidental applications made in such actions, which shall be known as the Register of Summary Causes.

(2) There shall be entered in the Register of Summary Causes a note of all actions, together with a note of all minutes under rule 24.1(1) (recall of decree) and the entry for each action or minute must contain the following particulars where appropriate:–

(a) the names, designations and addresses of the parties;

(b) whether the parties were present or absent at any hearing, including an inspection, and the names of their representatives;

(c) the nature of the action;

(d) the amount of any claim;

(e) the date of issue of the summons;

(f) the method of service;

(g) the return day;

(h) the calling date;

(i) whether a form of response was lodged and details of it;

(j) the period of notice if shortened or extended in accordance with rule 4.5(3);

(k) details of any minute by the pursuer regarding an application for a time to pay direction or time order, or minute by the pursuer requesting decree or other order;

(l) details of any interlocutors issued;

(m) details of the final decree and the date of it; and

(n) details of any variation or recall of a decree.

(3) There shall be entered in the Register of Summary Causes in the entry for the action to which they relate details of incidental applications including, where appropriate–

(a) whether parties are present or absent at the hearing of the application, and the names of their representatives;

(b) the nature of the application; and

(c) the interlocutor issued or order made.

(4) The Register of Summary Causes must be–

(a) authenticated in some appropriate manner by the sheriff in respect of each day any order is made or application determined in an action; and

(b) open for inspection during normal business hours to all concerned without fee.

(5) The Register of Summary Causes may be kept in electronic or documentary form.