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Paragraph 5.1 Register of Small Claims

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The sheriff clerk shall keep a register of claims and incidental applications made in claims, which shall be known as the Register of Small Claims.

(2)

There shall be entered in the Register of Small Claims a note of all claims, together with a note of all minutes under rule 22.1(1) (recall of decree) and the entry for each claim or minute must contain the following particulars 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 claim;

(d)

the amount of any claim;

(e)

the date of issue of the summons;

(f)

the method of service;

(g)

the return day;

(h)

the hearing date;

(i)

whether a form of response was lodged and details of it;

(j)

the period of notice if shortened or extended in accordance with rule 4.5(3);

(k)

details of any minute by the pursuer regarding a time to pay direction or time order, or minute by the pursuer requesting decree or other order;

(l)

details of any interlocutors issued;

(m)

details of the final decree and the date of it; and

(n)

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

(3)

There shall be entered in the Register of Small Claims, in the entry for the claim to which they relate, details of incidental applications including, where appropriate–

(a)

whether parties are present or absent at the hearing of the application, and the names of their representatives;

(b)

the nature of the application; and

(c)

the interlocutor issued or order made.

(4)

The Register of Small Claims must be–

(a)

authenticated in some appropriate manner by the sheriff in respect of each day any order is made or application determined in a claim; and

(b)

open for inspection during normal business hours to all concerned without fee.

(5)

The Register of Small Claims may be kept in electronic or documentary form.