xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

F1First ScheduleS ORDINARY CAUSE RULES 1993

Textual Amendments

F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications etc. (not altering text)

Initiation and progress of causesS

CHAPTER 1SCITATION, INTERPRETATION, REPRESENTATION AND FORMS

CitationS

1.1.These Rules may be cited as the Ordinary Cause Rules 1993.

InterpretationS

1.2.(1)In these Rules, unless the context otherwise requires—

(2)For the purposes of these Rules—

(a)“affidavit” includes an affirmation and a statutory or other declaration; and

(b)an affidavit shall be sworn or affirmed before a notary public or any other competent authority.

(3)Where a provision in these Rules requires a party to intimate or send a document to another party, it shall be sufficient compliance with that provision if the document is intimated or sent to the solicitor acting in the cause for that party.

(4)Unless the context otherwise requires, anything done or required to be done under a provision in these Rules by a party may be done by the agent for that party acting on his behalf.

(5)Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form, is a reference to the Chapter, Part, rule or form in Appendix 1, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of that paragraph or that head of that sub-paragraph, in which the reference occurs.

[F7(7)In these Rules—

(a)references to a sheriff’s all-Scotland jurisdiction are to be construed in accordance with section 42(3) of the 2014 Act;

(b)references to a sheriff’s local jurisdiction are to be construed in accordance with section 42(4) of the 2014 Act.]

[F8(8)In these Rules, a reference to any document being authenticated, certified, signed, signed and dated, or endorsed by the sheriff, sheriff clerk, the court or the clerk of court includes a reference to that document being authenticated electronically by that person or court, as the case may be.]

Textual Amendments

F5Sch. 1 rule 1.2(1): definition of "the Act of 2004" inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), para. 2(2)

Marginal Citations

RepresentationS

1.3.(1)Subject to paragraph (2), a party to any proceedings arising solely under the provisions of the M2Debtors (Scotland) Act 1987 shall be entitled to be represented by a person other than a solicitor or an advocate provided that the sheriff is satisfied that such person is a suitable representative and is duly authorised to represent that party.

F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(3)A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment.

(4)The person referred to in paragraph (3) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action.]

Textual Amendments

Marginal Citations

Lay supportS

[F111.3A.(1)At any time during proceedings the sheriff may, on the request of a party litigant, permit a named individual to assist the litigant in the conduct of the proceedings by sitting beside or behind (as the litigant chooses) the litigant at hearings in court or in chambers and doing such of the following for the litigant as he or she requires—

(a)providing moral support;

(b)helping to manage the court documents and other papers;

(c)taking notes of the proceedings;

(d)quietly advising on—

(i)points of law and procedure;

(ii)issues which the litigant might wish to raise with the sheriff;

(iii)questions which the litigant might wish to ask witnesses.

(2)It is a condition of such permission that the named individual does not receive from the litigant, whether directly or indirectly, any remuneration for his or her assistance.

(3)The sheriff may refuse a request under paragraph (1) only if—

(a)the sheriff is of the opinion that the named individual is an unsuitable person to act in that capacity (whether generally or in the proceedings concerned); or

(b)the sheriff is of the opinion that it would be contrary to the efficient administration of justice to grant it.

(4)Permission granted under paragraph (1) endures until the proceedings finish or it is withdrawn under paragraph (5); but it is not effective during any period when the litigant is represented.

(5)The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1); but the sheriff must first be of the opinion that it would be contrary to the efficient administration of justice for the permission to continue.

(6)Where permission has been granted under paragraph (1), the litigant may—

(a)show the named individual any document (including a court document); or

(b)impart to the named individual any information,

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the named individual is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

(7)Any expenses incurred by the litigant as a result of the support of an individual under paragraph (1) are not recoverable expenses in the proceedings.]

Textual Amendments

FormsS

1.4.Where there is a reference to the use of a form in these Rules, that form in Appendix 1 or Appendix 2, as the case may be, to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.