Act of Sederunt (Rules of the Court of Session 1994) 1994

Form of summonses

13.2.—(1) Subject to any other provision in these Rules, a summons shall be in Form 13.2–A.

(2) A conclusion in a summons shall be stated in accordance with the appropriate style, if any, in Form 13.2–B.

(3) Subject to rule 46.6(3) (no condescendence or pleas-in-law in ship collision actions), there shall be annexed to a summons–

(a) a statement, in the form of numbered articles of the condescendence, of the averments of fact which form the grounds of the claim; and

(b) appropriate pleas-in law.

(4) A condescendence shall include averments stating–

(a) in an action to which the Civil Jurisdiction and Judgments Act 1982(1) applies, the domicile of the defender (to be determined in accordance with the provisions of that Act) so far as known to the pursuer;

(b) the ground of jurisdiction of the court, unless jurisdiction would arise only if the defender prorogated the jurisdiction of the court without contesting jurisdiction;

(c) unless the court has exclusive jurisdiction, whether or not there is an agreement prorogating the jurisdiction of a court in another country; and

(d) whether or not there are proceedings involving the same cause of action in subsistence between the parties in a country to which the convention in Schedule 1 or 3C to the Civil Jurisdiction and Judgments Act 1982(2) applies and the date any such proceedings commenced.

(5) A summons may include warrants for diligence and intimation in so far as permitted under these Rules.

(1)

1982 c. 27.

(2)

Schedule 1 to the Act of 1982 was substituted by S.I. 1990/2591 and Schedule 3C was inserted by the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 1(3).