Schedule 1 The Simple Procedure RulesC1

Part 1 An overview of simple procedure
1.1	The simple procedure is a court process designed to provide a speedy, inexpensive and informal court way to resolve disputes.
1.2	What are the principles of simple procedure?
1.3	Who takes part in a simple procedure case?
1.4	What are the sheriff's responsibilities?
1.5	What are parties' responsibilities?
1.6	What are representatives' responsibilities?
1.7	What are the sheriff clerk's responsibilities?
1.8	What are the sheriff's powers?
Part 2 Representation and support
2.1	This Part is about who may represent a party, and what that representative may and may not do.
	This Part is also about who may provide support to a party in the courtroom, and what that courtroom supporter may and may not do.
Representation
2.2	Who can be a representative?
2.3	What can a representative do?
2.4	Who is entitled by these Rules to be a lay representative?
Support
2.5	Who can be a courtroom supporter?
2.6	What can a courtroom supporter do?
Part 3 How to make a claim
3.1	This Part is about how the claimant makes a claim and what the court will do with that claim.
3.2	How is a claim made?
3.3	How do you complete a Claim Form?
3.4	What if there is more than one claimant?
3.5	What if there are more than two respondents?
3.6	What if the respondent uses a trading name?
3.7	What do you do with a completed Claim Form?
3.8	How do you ask for provisional orders to be made?
3.9	What will the court do with the Claim Form?
3.10	What happens next?
3.11	What is the last date for service?
3.12	What is the last date for a response?
3.13	How can the timetable be changed?
Part 4 How to respond to a claim
4.1	This Part is about how the respondent responds to a claim and what the court will do with that response.
4.2	How do you respond to a claim?
4.3	What responses can you make?
4.4	What has to go in the Response Form?
4.5	What will the court do with the Response Form?
Part 5 How to ask for time to pay
5.1	This Part is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that.
5.2	What is an order for time to pay?
5.3	How can a respondent ask for time to pay?
5.4	What will the court do with a Time to Pay Application?
5.5	How can the claimant consent to a Time to Pay Application?
5.6	How can the claimant object to a Time to Pay Application?
5.7	What if the claimant does not consent or object to a Time to Pay Application?
Part 6 Sending and formal service
6.1	This Part is about what has to be done when these Rules require something to be sent to someone.
	This Part is also about what has to be done when these Rules require a document to be formally served on someone.
6.2	What is the difference between sending and formally serving?
6.3	When must something be sent or formally served?
6.4	Can a party object to how sending or formal service was done?
Sending
6.5	How can the court send something to a party?
6.6	How can a party send something to the court?
6.7	How can a party send something to another party?
Formal service
6.8	How can you formally serve a document on someone living within Scotland?
6.9	How can you formally serve a document on someone living outside Scotland?
6.10	What if a person uses a trading name?
6.11	How can the Claim Form be formally served on the respondent?
6.12	What if the claimant does not know the respondent's address?
6.13	What if the sheriff considers that formal service of the Claim Form has not been done properly?
Part 7 What happens to a case
7.1	This Part is about what happens after a Response Form has been received and what happens if no Response Form is received.
Admitted claims
7.2	What if parties settle the claim before the last date for a response?
7.3	What if the respondent makes a Time to Pay Application?
7.4	What if no Response Form is received by the court?
Disputed claims
7.5	What if the respondent disputes the claim?
7.6	What will be in the first written orders?
7.7	What is a case management discussion?
7.8	What is a hearing?
Part 8 Orders
8.1	This Part is about the orders which the sheriff can give to manage or decide a case.
8.2	What are orders?
8.3	What are standard orders?
8.4	What are unless orders?
8.5	What if a party does not follow an order?
Part 9 Applications
9.1	This Part is about applications which parties may make to the court to ask for things to be done in a case.
Pausing and restarting cases
9.2	How can a party ask for the progress of a case to be paused?
9.3	What happens if the progress of a case is paused?
9.4	How can a party ask for a paused case to be restarted?
9.5	What can the court do with a paused case?
Miscellaneous applications
9.6	How can a person become an additional respondent in a case?
9.7	How can a party ask to amend the Claim Form or the Response Form?
9.8	How can a claimant abandon a claim?
9.9	What can happen if a party dies or becomes legally incapacitated?
9.10	How can a party ask the sheriff to make any other orders?
Part 10 Documents and other evidence
10.1	This Part is about how parties should lodge documents and other evidence with the court before a hearing.
	This Part is also about how parties can apply for orders to recover documents from other people.
Lodging documents and other evidence
10.2	How can you lodge documents and other evidence with the court?
10.3	What documents and other evidence can a party bring to a hearing?
10.4	How can other parties borrow or inspect documents and other evidence lodged with the court?
10.5	How long will the court keep documents and other evidence for?
Orders to recover documents
10.6	How can a party recover documents to lodge them with the court?
10.7	What happens when an order to recover documents is made?
10.8	What happens if the person who has the documents claims they are confidential?
10.9	What happens if a party does not believe that an order to recover documents has been complied with?
10.10	What happens when a special order to recover documents is made?
10.11	What happens if the person who has the documents claims they are confidential?
Part 11 Witnesses
11.1	This Part is about the citation of witnesses and their attendance at hearings.
	This Part is also about measures that the court can take to assist vulnerable witnesses in giving evidence.
The citation of witnesses
11.2	How can a party arrange the attendance of witnesses at a hearing?
11.3	What if a witness does not appear at a hearing?
Vulnerable witnesses
11.4	How will the court treat a child witness?
11.5	How will the court treat other vulnerable witnesses?
11.6	What are special measures?
11.7	How can a party ask the court to review the arrangements for a child witness or a vulnerable witness?
11.8	What happens when evidence is to be given before an independent person?
Part 12 The hearing
12.1	This Part is about the hearing at which the dispute between the parties should be resolved.
12.2	What is the purpose of the hearing?
12.3	How will the dispute between the parties be resolved?
12.4	What will the sheriff do at the hearing?
12.5	What if a party does not come to the hearing?
12.6	How will evidence be given at the hearing?
Part 13 The decision
13.1	This Part is about the decisions which the sheriff can make to resolve a dispute.
	This Part is also about the circumstances in which a party can apply to have a decision recalled.
13.2	When must the sheriff make the decision?
13.3	How will the sheriff make the decision?
13.4	What sort of decisions can the sheriff make?
Recalling a decision
13.5	When can a decision of the sheriff be recalled?
13.6	How can a party apply to have a decision of the sheriff recalled?
13.7	What happens when a sheriff decides to recall a decision?
Part 14 Expenses
14.1	This Part is about the expenses of a claim which the sheriff can order a party to pay for.
14.2	What orders about expenses can the sheriff make?
14.3	When will the sheriff make an order about expenses?
14.4	What if the sheriff does not make an order about expenses when deciding the claim?
14.5	What is an expenses hearing?
Part 15 How to enforce a decision
15.1	This Part is about the steps which a successful party must take to enforce a decision.
15.2	When can a party enforce a decision?
15.3	How can a party enforce a decision?
15.4	What if the claimant does not know the respondent's address?
15.5	What if the respondent does not comply with a decision?
Part 16 How to appeal a decision
16.1	This Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal.
16.2	How do you appeal a decision?
16.3	What will the sheriff do with an appeal?
16.4	What will the Sheriff Appeal Court do with an appeal?
Part 17 Miscellaneous matters
17.1	This Part is about some miscellaneous matters which can arise during a case.
17.2	How can a case be transferred out of the simple procedure?
17.3	How can the sheriff make a reference to the Court of Justice of the European Union?
17.4	How can the Commission for Equality and Human Rights (“CEHR”) or the Scottish Commission for Human Rights (“SCHR”) intervene?
17.5	What can the CEHR or the SCHR do in an intervention?
Management of damages
17.6	When is a damages management order available?
17.7	When must the sheriff make a damages management order?
17.8	What can the sheriff do in a damages management order?
17.9	How can the damages management order be changed?
17.10	How can further instructions about managing the money be given?
17.11	When can someone apply for a child's property administration order?
17.12	How can someone apply for a child's property administration order?
The Equality Act 2010
17.13	What is an Equality Act 2010 claim?
17.14	How can the Commission for Equality and Human Rights (“the CEHR”) be notified of an Equality Act 2010 claim?
17.15	How can an Equality Act 2010 claim be transferred to the Employment Tribunal?
17.16	How can an Employment Tribunal case be transferred to simple procedure?
17.17	What if a question of national security arises in an Equality Act 2010 claim?
Part 18 Formal service in Scotland
18.1	This Part is about how to formally serve a document on someone living in Scotland.
18.2	How can you formally serve a document on someone who lives in Scotland?
18.3	What if service by post does not work?
Part 19 Formal service outside Scotland
19.1	This Part is about how to formally serve a document on someone outside Scotland.
19.2	How can you formally serve a document on someone who lives outside Scotland?
19.3	How can you formally serve a document on someone who lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands?
19.4	How can you formally serve a document on someone who lives in an EU member state (including Denmark) under the Service Regulation?
19.5	How can you formally serve a document on someone who lives in a Hague Convention country (other than an EU member state)?
19.6	How can you formally serve a document on someone who lives in a country with which the United Kingdom has a convention about how to serve court documents?
19.7	How can you formally serve a document on someone who lives in any other country?
Part 20 Provisional orders
20.1	This Part is about provisional orders which protect or secure the claimant's position before the sheriff makes a final decision in a case.
20.2	When can a claimant ask for provisional orders to be made?
20.3	What happens when the court receives a Provisional Orders Application?
20.4	How can the claimant tell the respondent or an interested party about a hearing?
20.5	How can you ask the court to reconsider provisional orders that it has made?
20.6	How can you ask the court to consider other applications about provisional orders?
20.7	How are provisional orders made effective?
20.8	How is an arrestment on the dependence made effective?
20.9	How is an inhibition on the dependence made effective if the claimant does not know the respondent's address?
Part 21 Glossary
21.1	This Part contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain legal words and expressions used in these rules.

Annotations

Modifications

C1: Sch. 1 modified (temp.) (1.12.2020) by Act of Sederunt (Simple Procedure Amendment) (Civil Online) 2020 (S.S.I. 2020/293), paras. 1(2), 2(3) (with para. 1(3))