Paragraph 28 Book of Small Claims

(1)

The sheriff clerk shall keep a book to be known as the Book of Small Claims in which shall be entered a note of all small claims, minutes under rule 27 above (recall of decree) and minutes under rule 92(1) of the Summary Cause Rules (applications in same cause for variation etc of decree), setting forth, where appropriate—

(a)

the names, designations and addresses of the parties;

(b)

whether the parties were present or absent at any hearing, including an inspection, and the names of their representatives;

(c)

the nature of the cause;

(d)

the amount of any claim;

(e)

the date of issue of the summons;

(f)

the method of service;

(g)

the return date;

(h)

whether a form of response was lodged, and details thereof;

(i)

whether a statement of defence was lodged;

(j)

details of any minute by the pursuer intimating that he does not object to an application for a time to pay direction, or minute by the pursuer requesting decree or other order;

(k)

details of any interlocutors issued;

(l)

details of the final decree and the date thereof; and

(m)

details of any variation or recall of a decree by virtue of the Debtors (Scotland) Act 1987^f1.

(2)

The Book of Small Claims shall be signed in respect of each court day by the sheriff.

(3)

The Book of Small Claims may be made up of separate rolls, each roll relating solely to proceedings of a particular description of small claim.

(4)

The Book of Small Claims shall be open for inspection during normal business hours.

Annotations

Footnotes

f1: 1987 c. 18