{
  "url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-2002/schedule-1/appendix-2",
  "json_url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-2002/schedule-1/appendix-2.json",
  "legislation": "ssi/2002/133",
  "legislation_title": "Act of Sederunt (Small Claim Rules) 2002",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-2002",
  "path": "schedule/1/appendix/2",
  "kind": "appendix",
  "number": "2",
  "heading": "GLOSSARY",
  "text": "Absolve\nTo find in favour of and exonerate the defender.\nAbsolvitor\nAn order of the court granted in favour of and exonerating the defender which means that the pursuer is not allowed to bring the same matter to court again.\nAppellant\nA person making an appeal against the sheriff’s decision. This might be the pursuer or the defender.\nArrestee\nA person subject to an arrestment.\nArrestment on the dependence\nA court order to freeze the goods or bank account of the defender until the court has heard the case.\nArrestment to found jurisdiction\nA court order used against a person who has goods or other assets in Scotland to give the court jurisdiction to hear a claim. This is achieved by preventing anything being done with the goods or assets until the case has been disposed of.\nAuthorised lay representative\nA person other than a lawyer who represents a party to a small claim.\nCause\nAnother word for case or claim, used for cases under the summary cause procedure.\nCaution (pronounced kay-shun)\nA security, usually a sum of money, given to ensure that some obligation will be carried out.\nCertificate of execution of service\nThe document recording that an application to, or order or decree of, the court for service of documents has been effected.\nCharge\nAn order to obey a decree of a court. A common type is one served on the defender by a sheriff officer on behalf of the pursuer who has won a case demanding payment of a sum of money.\nCommission and diligence\nAuthorisation by the court for someone to take the evidence of a witness who cannot attend court or to obtain the production of documentary evidence. It is combined with a diligence authorising the person appointed to require the attendance of the witness and the disclosure of documents.\nConsignation\nThe deposit in court, or with a third party, of money or an article in dispute.\nContinuation\nAn order made by the sheriff postponing the completion of a hearing until a later date or dates.\nCounterclaim\nA claim made by a defender in response to the pursuer’s claim and which is not a defence to that claim. It is a separate but related claim against the pursuer which is dealt with at the same time as the pursuer’s claim.\nDamages\nMoney compensation payable for a breach of contract or some other legal duty.\nDecree\nAn order of the court containing the decision of the claim in favour of one of the parties and granting the remedy sought or disposing of the claim.\nDefender\nPerson against whom a claim is made.\nDeliverance\nA decision or order of a court.\nDepending\nA case is said to be depending when it is going through a court procedure. Technically, this begins with citation of the defender and ends with any final appeal.\nDiet\nDate for a court hearing.\nDiligence\nThe collective term for the procedures used to enforce a decree of a court. These include arrestment of wages, goods or a bank account.\nDismissal\nAn order bringing to an end the proceedings in a claim. It is usually possible for a new claim to be brought if not time barred.\nDomicile\nThe place where a person is normally resident or where, in the case of a company, it has its place of business or registered office.\nExecution of service\nSee Certificate of execution of service.\nExecution of a charge\nThe intimation of the requirement to obey a decree or order of a court.\nExecution of an arrestment\nThe carrying out of an order of arrestment.\nExpenses\nThe costs of a court case.\nExtra-judicial settlement\nAn agreement between the parties to a case to settle it themselves rather than to await a decision by the sheriff.\nExtract decree\nThe document containing the order of the court made at the end of the claim. For example, it can be used to enforce payment of a sum awarded.\nHaver\nA person who holds documents which are required as evidence in a case.\nHuissier\nAn official in France and some other European countries who serves court documents.\nIncidental application\nAn application that can be made during the course of a small claim for certain orders. Examples are applications for the recovery of documents or to amend the statement of claim.\nInterlocutor\nThe official record of the order or judgment of a court.\nIntimation\nGiving notice to another party of some step in the small claim.\nJurisdiction\nThe authority of a court to hear particular cases.\nMessenger at arms\nOfficers of court who serve documents issued by the Court of Session.\nMinute\nA document produced in the course of a case in which a party makes an application or sets out his position on some matter.\nMinute for recall\nA form lodged with the court by one party asking the court to recall a decree.\nOptions Hearing\nA preliminary stage in an ordinary cause action.\nOrdinary cause\nAnother legal procedure for higher value claims available in the sheriff court.\nParty litigant\nA person who conducts his own case.\nProductions\nDocuments or articles which are used in evidence.\nPursuer\nThe person making a claim.\nRecall of an arrestment\nA court order withdrawing an arrestment.\nRestriction of an arrestment\nAn order releasing part of the money or property arrested.\nRecall of a decree\nAn order revoking a decree which has been granted.\nRecovery of documents\nThe process of obtaining documentary evidence which is not in the possession of the person seeking it (e.g. hospital records necessary to establish the extent of injuries received in a road accident).\nRemit between procedures\nA decision of the sheriff to transfer the claim to another court procedure e.g. summary cause or ordinary cause procedure.\nRespondent\nWhen a decision of the sheriff is appealed against, the person making the appeal is called the appellant. The other side in the appeal is called the respondent.\nReturn day\nThe date by which the defender must send a written reply to the court and, where appropriate, the pursuer must return the summons to court.\nSchedule of arrestment\nThe list of items which may be arrested.\nServe/Service\nSending a copy of the summons or other court document to the defender or another party.\nSheriff clerk\nThe court official responsible for the administration of the sheriff court.\nSheriff officer\nA person who serves court documents and enforces court orders.\nSist of action\nThe temporary suspension of a court case by court order.\nSist as a party\nTo add another person as a litigant in a case.\nStated case\nAn appeal procedure where the sheriff sets out his findings and the reasons for his decision and states the issues on which the decision of the sheriff principal is requested.\nStatement of claim\nThe part of the summons in which pursuers set out details of their claims against defenders.\nSummary cause\nAnother legal procedure available in the Sheriff Court. It is used for certain types of claim usually having a higher value than small claims though less than those dealt with as ordinary causes.\nSummons\nThe form which must be filled in to begin a small claim.\nTime to pay direction\nA court order for which a defender who is an individual may apply permitting a sum owed to be paid by instalments or by a single payment at a later date.\nTime order\nA court order which assists debtors who have defaulted on an agreement regulated by the Consumer Credit Act 1974 (c. 39) and which may be applied for during a court action.\nWarrant for diligence\nAuthority to carry out one of the diligence procedures.\nWrit\nA legally significant writing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
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      "affecting_title": "Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 3) (Miscellaneous) 2015"
    },
    {
      "type": "word omitted",
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      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015"
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009"
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    {
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012"
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    {
      "type": "words omitted",
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    },
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      "affecting": "ssi/2013/91",
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    {
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      "affecting": "ssi/2016/194",
      "affecting_title": "Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016"
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    {
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    {
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    },
    {
      "type": "words substituted",
      "affecting": "ssi/2004/197",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
    {
      "type": "inserted",
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    {
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
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    {
      "type": "words omitted",
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    {
      "type": "inserted",
      "affecting": "ssi/2004/197",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
    {
      "type": "substituted for Sch. 1 rule 11.1(3)(4)",
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
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    {
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005"
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006"
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    {
      "type": "inserted",
      "affecting": "ssi/2007/339",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2007/339",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007"
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
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    },
    {
      "type": "substituted",
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
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    },
    {
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      "affecting_title": "Act of Sederunt (Sheriff Court Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Council Regulation (EC) No. 1348 of 2000 Extension to Denmark) 2007"
    },
    {
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008"
    },
    {
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008"
    },
    {
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008"
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    {
      "type": "omitted",
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    {
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    },
    {
      "type": "words omitted",
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009"
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      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015"
    },
    {
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      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015"
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    {
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      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015"
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  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2002/133/schedule/1/appendix/2",
    "retrieved_at": "2026-10-28T22:42:12.763192+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."
}