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Act of Sederunt (Small Claim Rules) 2002

S.S.I. 2002/133 · Made 1 March 2002

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SHERIFF COURT

Made 1st March 2002

Coming into force 10th June 2002

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971f1 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1971 c. 58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4) and the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2) and the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 13, and was extended by sections 39(2) and 49 of the Child Support Act 1991 (c. 48).

Contents

  1. 1Citation and commencement
  2. 2Small Claim Rules
  3. 3Transitional provision
  4. 4Revocation
  5. Signature
  6. Schedule 1: SMALL CLAIM RULES 2002
  7. Chapter 1: Citation, interpretation and application
  8. 1.1Citation, interpretation and application
  9. Chapter 2: Representation
  10. 2.1Representation
  11. Chapter 3: Relief from failure to comply with Rules
  12. 3.1Dispensing power of sheriff
  13. Chapter 4: Commencement of claim
  14. 4.1Form of summons
  15. 4.2Statement of claim
  16. 4.3Defender’s copy summons
  17. 4.4Authentication and effect of summons
  18. 4.5Period of notice
  19. 4.6Intimation
  20. Chapter 5: Register of Small Claims
  21. 5.1Register of Small Claims
  22. Chapter 6: Service and return of the summons
  23. 6.1Persons carrying on business under trading or descriptive name
  24. 6.2Form of service
  25. 6.3Service of the summons
  26. 6.4Service within Scotland by sheriff officer
  27. 6.5Service on persons outwith Scotland
  28. 6.6Service where address of defender is unknown
  29. 6.7Endorsation by sheriff clerk of defender’s residence not necessary
  30. 6.8Contents of envelope containing defender’s copy summons
  31. 6.9Re-service
  32. 6.10Defender appearing barred from objecting to service
  33. 6.11Return of summons and execution
  34. Chapter 7: Arrestment
  35. 7.1Service of schedule of arrestment
  36. 7.2Arrestment before service
  37. 7.3Recall and restriction of arrestment
  38. Chapter 8: Undefended claim
  39. 8.1Undefended claim
  40. 8.2Application for time to pay direction or time order
  41. 8.3Decree in claims to which the Hague Convention or the Civil Jurisdiction and Judgments Act 1982 apply
  42. Chapter 9: Defended claim
  43. 9.1The Hearing
  44. 9.2Purpose of the Hearing
  45. 9.3Conduct of hearings
  46. 9.4Inspection of places and objects
  47. 9.5Remit to determine matter of fact
  48. 9.6Noting of evidence
  49. 9.7Application for time to pay direction or time order in defended claim
  50. 9.8Pronouncement of decision
  51. Chapter 10: Incidental applications and sists
  52. 10.1General
  53. 10.2Application to sist claim
  54. Chapter 11: Counterclaim
  55. 11.1Counterclaim
  56. Chapter 12: Alteration of summons etc.
  57. 12.1Alteration of summons etc.
  58. Chapter 13: Additional defender
  59. 13.1Additional defender
  60. Chapter 14: Applications for sist of party and transference
  61. 14.1Application for sist of party and transference
  62. Chapter 15: Transfer and remit of claims
  63. 15.1Transfer to another court
  64. 15.2Remit between procedures
  65. Chapter 16: Productions and documents
  66. 16.1Lodging of productions
  67. 16.2Borrowing of productions
  68. 16.3Documents lost or destroyed
  69. 16.4Documents and productions to be retained in custody of sheriff clerk
  70. Chapter 17: Recovery of documents and attendance of witnesses
  71. 17.1Diligence for recovery of documents
  72. 17.2Optional procedure before executing commission and diligence
  73. 17.3Confidentiality of documents
  74. 17.4Witnesses
  75. 17.5Citation of witnesses by party litigants
  76. 17.6Witnesses failing to attend
  77. Chapter 18: European Court
  78. 18.1Interpretation of rules 18.2 to 18.5
  79. 18.2Application for reference
  80. 18.3Preparation of case for reference
  81. 18.4Sist of claim
  82. 18.5Transmission of reference
  83. Chapter 19: Abandonment
  84. 19.1Abandonment of claim
  85. Chapter 20: Decree by default
  86. 20.1Decree by default
  87. Chapter 21: Decrees, extracts, execution and variation
  88. 21.1Decree
  89. 21.2Decree for alternative claim for payment
  90. 21.3Taxes on funds under control of the court
  91. 21.4Correction of interlocutor or note
  92. 21.5Extract of decree
  93. 21.6Expenses
  94. 21.7Charge
  95. 21.8Service of charge where address of defender is unknown
  96. 21.9Diligence on decree in claim for delivery
  97. 21.10Applications in same claim for variation, etc. of decree
  98. Chapter 22: Recall of decree
  99. 22.1Recall of decree
  100. Chapter 23: Appeals
  101. 23.1Appeals
  102. 23.2Effect of and abandonment of appeal
  103. 23.3Hearing of appeal
  104. 23.4Appeal in relation to a time to pay direction
  105. 23.5Sheriff to regulate interim possession
  106. Chapter 24: Management of damages payable to persons under legal disability
  107. 24.1Orders for payment and management of money
  108. 24.2Methods of management
  109. 24.3Subsequent orders
  110. 24.4Management of money paid to sheriff clerk
  111. 24.5Management of money payable to children
  112. Chapter 25: Electronic transmission of documents
  113. 25.1Extent of provision
  114. 25.2Time of lodgement
  115. 1Forms
  116. 2GLOSSARY
  117. Schedule 2REVOCATIONS
  118. Explanatory note