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

Signature of documents

4.2.  –

(1) Subject to paragraph (5), each page of a summons and the condescendence and pleas-in-law annexed to it shall be signed by an agent.

(2) Subject to paragraph (5), a letter passing the signet shall be signed by an agent.

(3) Subject to paragraphs (5) and (9), a petition, note, application or minute shall be signed by counsel or other person having a right of audience, except that–

(a) a petition for the sequestration of the estates of the petitioner, or for recall of his sequestration, may be signed by the petitioner or an agent;

(b) a petition for suspension, suspension and interdict or suspension and liberation may be signed by an agent;

(c) a simplified divorce application under rule 49.73 shall be signed by the applicant;

(d) an application for registration under Chapter 62 (recognition, registration and enforcement of foreign judgments etc.) may be signed by the petitioner or an agent; and

(e) a minute for variation of custody may be signed by a party litigant.

(4) Subject to paragraph (9), defences, answers and other writs (other than appeals) not referred to in paragraphs (1), (2) and (3), shall be signed by counsel or other person having a right of audience, or, in the case of a party litigant, the party litigant.

(5) Where a party litigant is unable to obtain the signature of counsel or other person having a right of audience or an agent on a document as required by paragraph (1), (2) or (3), he may request the Deputy Principal Clerk to place the document before the Lord Ordinary for leave to proceed without such signature; and the decision of the Lord Ordinary shall be final and not subject to review.

(6) Where the Lord Ordinary grants leave to proceed under paragraph (5), the interlocutor granting leave shall be written and signed on the face of the document and the party litigant shall sign the document.

(7) Where an agent signs a document under this rule, he shall append to his signature his business address–

(a) in the case of a summons, at the end of the first page and on the last page after the pleas-in-law; and

(b) in the case of any other document, at the end of the last page.

(8) Where counsel or other person having a right of audience has signed a writ, he shall be regarded as the drawer of it and answerable for what it contains.

(9) The following documents shall not require any signature:–

(a) a minute of amendment;

(b) answers to a minute of amendment;

(c) a minute of sist;

(d) a minute of transference;

(e) a minute of objection to a minute of transference;

(f) a note of objection.