Act of Sederunt (Small Claim Rules) 2002

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Small Claim Rules

  4. 3.Transitional provision

  5. 4.Revocation

  6. Signature

    1. SCHEDULE 1

      SMALL CLAIM 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 claim

        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 Small Claims

        1. 5.1.Register of Small Claims

      6. CHAPTER 6 Service and return of the summons

        1. 6.1.Persons carrying on business under trading or descriptive name

        2. 6.2.Form of service

        3. 6.3.Service of the summons

        4. 6.4.Service within Scotland by sheriff officer

        5. 6.5.Service on persons outwith Scotland

        6. 6.6.Service where address of defender is unknown

        7. 6.7.Endorsation by sheriff clerk of defender’s residence not necessary

        8. 6.8.Contents of envelope containing defender’s copy summons

        9. 6.9.Re-service

        10. 6.10.Defender appearing barred from objecting to service

        11. 6.11.Return of summons and execution

      7. CHAPTER 7 Arrestment

        1. 7.1.Service of schedule of arrestment

        2. 7.2.Arrestment before service

        3. 7.3.Recall and restriction of arrestment

      8. CHAPTER 8 Undefended claim

        1. 8.1.Undefended claim

        2. 8.2.Application for time to pay direction or time order

        3. 8.3.Decree in claims to which the Hague Convention or the Civil Jurisdiction and Judgments Act 1982 apply

      9. CHAPTER 9 Defended claim

        1. 9.1.The Hearing

        2. 9.2.Purpose of the Hearing

        3. 9.3.Conduct of hearings

        4. 9.4.Inspection of places and objects

        5. 9.5.Remit to determine matter of fact

        6. 9.6.Noting of evidence

        7. 9.7.Application for time to pay direction or time order in defended claim

        8. 9.8.Pronouncement of decision

      10. CHAPTER 10 Incidental applications and sists

        1. 10.1.General

        2. 10.2.Application to sist claim

      11. CHAPTER 11 Counterclaim

        1. 11.1.Counterclaim

      12. CHAPTER 12 Alteration of summons etc.

        1. 12.1.Alteration of summons etc.

      13. CHAPTER 13 Additional defender

        1. 13.1.Additional defender

      14. CHAPTER 14 Applications for sist of party and transference

        1. 14.1.Application for sist of party and transference

      15. CHAPTER 15 Transfer and remit of claims

        1. 15.1.Transfer to another court

        2. 15.2.Remit between procedures

      16. CHAPTER 16 Productions and documents

        1. 16.1.Lodging of productions

        2. 16.2.Borrowing of productions

        3. 16.3.Documents lost or destroyed

        4. 16.4.Documents and productions to be retained in custody of sheriff clerk

      17. CHAPTER 17 Recovery of documents and attendance of witnesses

        1. 17.1.Diligence for recovery of documents

        2. 17.2.Optional procedure before executing commission and diligence

        3. 17.3.Confidentiality of documents

        4. 17.4.Witnesses

        5. 17.5.Citation of witnesses by party litigants

        6. 17.6.Witnesses failing to attend

      18. CHAPTER 18 European Court

        1. 18.1.Interpretation of rules 18.2 to 18.5

        2. 18.2.Application for reference

        3. 18.3.Preparation of case for reference

        4. 18.4.Sist of claim

        5. 18.5.Transmission of reference

      19. CHAPTER 19 Abandonment

        1. 19.1.Abandonment of claim

      20. CHAPTER 20 Decree by default

        1. 20.1.Decree by default

      21. CHAPTER 21 Decrees, extracts, execution and variation

        1. 21.1.Decree

        2. 21.2.Decree for alternative claim for payment

        3. 21.3.Taxes on funds under control of the court

        4. 21.4.Correction of interlocutor or note

        5. 21.5.Extract of decree

        6. 21.6.Expenses

        7. 21.7.Charge

        8. 21.8.Service of charge where address of defender is unknown

        9. 21.9.Diligence on decree in claim for delivery

        10. 21.10.Applications in same claim for variation, etc. of decree

      22. CHAPTER 22 Recall of decree

        1. 22.1.Recall of decree

      23. CHAPTER 23 Appeals

        1. 23.1.Appeals

        2. 23.2.Effect of and abandonment of appeal

        3. 23.3.Hearing of appeal

        4. 23.4.Appeal in relation to a time to pay direction

        5. 23.5.Sheriff to regulate interim possession

      24. CHAPTER 24 Management of damages payable to persons under legal disability

        1. 24.1.Orders for payment and management of money

        2. 24.2.Methods of management

        3. 24.3.Subsequent orders

        4. 24.4.Management of money paid to sheriff clerk

        5. 24.5.Management of money payable to children

      25. CHAPTER 25 Electronic transmission of documents

        1. 25.1.Extent of provision

        2. 25.2.Time of lodgement

      26. 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 - all other claims

          FORM 2

          Form of claim in a summons for payment of money

          FORM 3

          Form of claim in a summons for delivery

          FORM 4

          Form of claim in a summons for implement of an obligation

          FORM 5

          Form of service

          FORM 6

          Form of certificate of execution of service

          FORM 7

          Postal service – form of notice

          FORM 8

          Service on person whose address is unknown – form of advertisement

          FORM 9

          Service on person whose address is unknown

          Form of notice to be displayed on the walls of court

          FORM 10

          Recall or restriction of arrestment

          Certificate authorising the release of arrested funds or property

          FORM 11

          Form of minute – no form of response lodged by defender

          FORM 12

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

          FORM 13

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

          FORM 14

          Counterclaim – form of intimation by sheriff clerk where pursuer fails to appear

          FORM 15

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

          FORM 16

          Form of witness citation

          FORM 16a

          Form of certificate of execution of witness citation

          FORM 17

          Form of reference to the European Court

          FORM 18

          Form of extract decree (basic)

          FORM 18a

          Form of extract decree for payment

          FORM 18b

          Form of extract decree in an action of delivery

          FORM 18c

          Form of extract decree in an action of delivery – payment failing delivery

          FORM 18d

          Form of extract decree

          Recovery of possession of moveable property

          FORM 18e

          Form of extract decree

          Recovery of possession of moveable property – payment failing recovery

          FORM 18f

          Form of extract decree ad factum praestandum

          FORM 18g

          Form of extract decree ad factum praestandum – payment upon failure to implement obligation

          FORM 18h

          Form of extract decree of absolvitor

          FORM 18i

          Form of extract decree of dismissal

          FORM 19

          Form of certificate by sheriff clerk

          Service of charge where address of defender is unknown

          FORM 20

          Minute for recall of decree

          FORM 20a

          Minute for recall of decree – service copy

          FORM 21

          Form of note of appeal to the sheriff principal

          FORM 22

          Application for leave to appeal against time to pay direction

          FORM 23

          Appeal against time to pay direction

          FORM 24

          Form of receipt for money paid to sheriff clerk

      27. APPENDIX 2

        GLOSSARY

    2. SCHEDULE 2

      REVOCATIONS

  8. Explanatory Note