{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-6",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-6.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/6",
  "kind": "part",
  "number": "6: Sending and formal service",
  "heading": null,
  "text": "6.1\nWhat is this Part about?\n(1)\nThis Part is about what has to be done when these Rules require something to be sent to someone.\n(2)\nThis Part is also about what has to be done when these Rules require a document to be formally served on someone.\n6.2\nWhat is the difference between sending and formally serving?\n(1)\nWhen these Rules require something to be “sent”, that may be done by anyone and in a number of ways.\n(2)\nWhen these Rules require a document to be “formally served” on someone, that may only be done by certain people (sheriff officers, sheriff clerks or solicitors) and may only be done in certain ways.\n6.3\nWhen must something be sent or formally served?\n(1)\nIf these Rules say that something must be sent or formally served within a period or number of days, it must be sent or formally served in time for it to arrive before the end of that period or the last day.\n(2)\nIf these Rules say that something must be sent or formally served by a particular day, it must be sent or formally served in time for it to arrive before the end of that day.\n(3)\nIf these Rules say that something must be sent to court within a period, number of days or by a particular day and the end of that period or that day is a Saturday, Sunday, public holiday or court holiday, then it must be sent so that it will be received before the end of the next working day.\n6.4\nCan a party object to how sending or formal service was done?\n(1)\nA party who responds to something (such as sending a Response Form in response to a Claim Form or objecting to an application) may not object to how that thing was sent or formally served.\nSending\n6.5\nHow can the court send something to a party?\n(1)\nThe court may send something to a party in one of 5 ways:\n(a)\nhanding it to that party or to that party's representative in person,\n(b)\nposting it to that party or that party's representative,\n(c)\nemailing it to that party or that party's representative, using an email address given on the Claim Form , Response Form or Time to Pay Application,\n(d)\nmaking it available to that party or that party’s representative using the portal on the Scottish Courts and Tribunals Service website.\n(e)\ndelivering it to a document exchange of which that party or that party’s representative is a member.\n6.6\nHow can a party send something to the court?\n(1)\nA party may send something to the court in one of 4 ways:\n(a)\nhanding it in to the court in person,\n(b)\nposting it to the court using a postal service which records delivery,\n(c)\nsubmitting it to the court using the portal on the Scottish Courts and Tribunals Service website.\n(d)\ndelivering it to a document exchange of which the sheriff clerk is a member.\n(2)\nA claimant may also send a Claim Form to the court by submitting it to the court using the Scottish Courts and Tribunals Service’s internet interface to its case management system.\n6.7\nHow can a party send something to another party?\n(1)\nA party may send something to another party in one of 4 ways:\n(a)\nposting it to that party or that party's representative using a next-day postal service which records delivery,\n(b)\nemailing it to that party or that party's representative, using an email address given on the Claim Form , Response Form or Time to Pay Application,\n(c)\nmaking it available to that party or that party’s representative using the portal on the Scottish Courts and Tribunals Service website.\n(d)\ndelivering it to a document exchange of which that party or that party’s representative is a member.\n(2)\nIf none of those ways has worked, a party may send it to another party by sheriff officer using one of the methods of formal service mentioned in rule 18.3.\nFormal service\n6.8\nHow can you formally serve a document on someone living within Scotland?\n(1)\nPart 18 of these Rules is about formal service on someone living in Scotland.\n6.9\nHow can you formally serve a document on someone living outside Scotland?\n(1)\nPart 19 of these Rules is about formal service on someone living outside Scotland.\n6.10\nWhat if a person uses a trading name?\n(1)\nIf a person uses a trading name, a document may be formally served on that person at any place of business or office at which that business is carried on within the sheriffdom.\n(2)\nIf that person does not have a place of business or office within the sheriffdom, a document may be formally served on that person at any place where that business is carried on (including the office of the clerk or secretary of a company, association or firm).\n6.11\nHow can the Claim Form be formally served on the respondent?\n(1)\nAs well as following the rules for formal service in Part 18 or Part 19, there are some additional requirements when formally serving the Claim Form.\n(2)\nThe sheriff clerk may formally serve the Claim Form by a next-day postal service which records delivery if:\n(a)\nthe claimant is not a company, limited liability partnership or partnership, and\n(b)\nthe claimant is not legally represented.\n(3)\nWhen formally serving a Claim Form, the envelope must contain only the following:\n(a)\na copy of the Claim Form,\n(b)\n. . .\n(c)\na blank Response Form,\n(d)\na copy of the Notice of Claim,\n(e)\na copy of the Timetable,\n(f)\nif the respondent can apply for time to pay, a blank Time to Pay Application, and\n(g)\nany other document approved by the sheriff principal in that sheriffdom.\n(4)\nIf a solicitor or sheriff officer has formally served the Claim Form, then a Confirmation of Formal Service must be sent to the court at least 2 days before the last date for a response.\n6.12\nWhat if the claimant does not know the respondent's address?\n(1)\nThe claimant must take all reasonable steps to find out the respondent's address.\n(2)\nIf the claimant does not know the respondent's address and cannot find it out, then the claimant does not need to formally serve a copy of the Claim Form on the respondent.\n(3)\nThe claimant must instead complete a Service by Advertisement Application and send it to court with the Claim Form.\n(4)\nThe sheriff may order the details of the claim to be publicised by advertisement on the Scottish Courts and Tribunals Service website.\n(5)\nThe sheriff clerk must make a copy of the Claim Form available for the respondent to collect at the sheriff court.\n(6)\nIf the respondent's address becomes known, the sheriff must order:\n(a)\nthe Claim Form to be amended,\n(b)\nthe claimant to formally serve the Claim Form on the respondent,\n(c)\na change to the timetable.\n6.13\nWhat if the sheriff considers that formal service of the Claim Form has not been done properly?\n(1)\nIf the sheriff considers that formal service of the Claim Form was not done correctly, then the sheriff may change the timetable.\n(2)\nIf the sheriff changes the timetable, the sheriff clerk must send a new Timetable to the claimant or to the parties.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in sch. 1 rule 6.5(1) substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(c)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in sch. 1 rule 6.5(1)(c) substituted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(f)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in sch. 1 rule 6.5(1)(d) inserted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(f)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 1 rule. 6.5(1)(e) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in sch. 1 rule 6.6(1) substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(d)(i)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 1 rule 6.6(1)(d) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(d)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Sch. 1 rule 6.6(2) inserted (31.3.2022) by Act of Sederunt (Simple Procedure Amendment) (Civil Online) 2022 (S.S.I. 2022/81), paras. 1(2), 2(3)(c)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in sch. 1 rule 6.7(1) substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(e)(i)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in sch. 1 rule 6.7(1)(b) substituted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(g)(i)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in sch. 1 rule 6.7(1)(c) inserted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(g)(ii)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Sch. 1 rule 6.7(1)(d) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(e)(ii)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Sch. 1 rule 6.7(2) inserted (15.6.2017) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017 (S.S.I. 2017/154), paras. 1(2), 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in sch. 1 rule 6.11(2) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(i) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Sch. 1 rule 6.11(3)(b) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(i), (ii) (with para. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/6",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}