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Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 4) 2002

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SCHEDULE

Part II–Defended Actions (commenced before 10th June 2002)}

1.  Instructions fee, to include taking instructions (including instructions for a counterclaim), framing summons and statement of claim, obtaining warrant for service, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree

119.80

2.  Service–

(a)Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland – for each party

9.90
Citation by post elsewhere – for each party21.80

(b)Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee – for each party

9.90

(c)Framing and instructing service by advertisement – for each party

31.50

3.  Attendance at court–

Attendance at any diet except as otherwise specially provided

31.50

4.  Preparing for proof, to include all work in connection with proof not otherwise provided for

109.00

5.  Fee to cover preparing for adjourned diet and all incidental work if diet for more than six days – for each adjourned diet

52.30

6.—(a) Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponent’s productions (to be charged only once in each process)

47.80

(b)Where only one party lodges productions, opponent’s charges for considering same

21.90

7.  Precognitions–

47.80

(a)Drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence – per witness

47.80

(b)Where precognitions exceed 2 sheets – for each additional sheet

21.90

8.  Motions and minutes–

Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this Chapter)–

(a)Where opposed

65.10

(b)Where unopposed (including for each party a joint minute or joint motion)

40.20

9.  Fee to cover considering opponent’s written motion or minute excluding minute or motion to recall decree and relative attendance at court–

(a)Where motion or minute opposed

52.30

(b)Where motion or minute unopposed

31.50

10.  Conduct of proof–

(a)Fee to cover conduct of proof or trial and debate on evidence taken at close of proof – per half hour

31.50

(b)Waiting time – per half hour

16.50

11.  Settlements–

(a)Judicial tender, fee for consideration of, preparing and lodging minute of tender

65.10

(i)Fee for consideration and rejection of tenders

47.80

(ii)Fee on acceptance of tender – to include preparing and lodging, or consideration of minute of acceptance and attendance at court when decree granted in terms thereof

47.80

(b)Extra-judicial settlement – fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto

109.00

12.  Specification of documents–

(a)Fee to cover drawing, intimating and lodging specification of documents and relative motion and attendance at court

54.30

(b)Inclusive fee to opposing solicitor

48.80

(c)Fee for citation of havers, preparation for and attendance before commissioner, to each party – for each half hour

31.50

(d)If alternative procedure adopted, a fee per person upon whom order served

21.90

13.  Commissions to take evidence–

(a)Fee to cover drawing, lodging and intimating motion and attendance at court

(i)Where opposed

65.10

(ii)Where unopposed

40.20

(b)Fee to cover considering such motion and attendance at court

(i)Where opposed

52.30

(ii)Where unopposed

31.50

(c)Fee to cover instructing commissioner and citing witness

31.50

(d)Fee to cover drawing and lodging interrogatories and cross-interrogatories – per sheet

21.90

(e)Attendance before commissioner – per hour

30.50

(f)Travelling time – per hour

21.90

14.  Supplementary note of defence (when ordered)

21.90

15.  Appeals–

(a)Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof and preparation for hearing

147.10

(b)Fee to cover conduct of hearing – per half hour

31.50

16.  Final Procedure–

(a)Fee to cover settling with witnesses, enquiring for cause at avizandum, noting final interlocutor

65.10

(b)Fee to cover drawing account of expenses, arranging, intimating and attending hearing on expenses, and obtaining approval of sheriff clerk’s report

65.10

(c)Fee to cover considering opponents' account of expenses and attendance at hearing on expenses

31.50

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