Act of Sederunt (Summary Cause Rules) 2002
S.S.I. 2002/132 · Made 1 March 2002
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), 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
- 1Citation and commencement
- 2Summary Cause Rules
- 3Transitional provision
- 4Revocation
- Signature
- Schedule 1: SUMMARY CAUSE RULES 2002
- Chapter 1: Citation, interpretation and application
- 1.1Citation, interpretation and application
- Chapter 2: Representation
- 2.1Representation
- Chapter 3: Relief from failure to comply with rules
- 3.1Dispensing power of sheriff
- Chapter 4: Commencement of action
- 4.1Form of summons
- 4.2Statement of claim
- 4.3Defender’s copy summons
- 4.4Authentication and effect of summons
- 4.5Period of notice
- 4.6Intimation
- Chapter 5: Register of Summary Causes, service and return of the summons
- 5.1Register of Summary Causes
- 5.2Persons carrying on business under trading or descriptive name
- 5.3Form of service and certificate thereof
- 5.4Service within Scotland by sheriff officer
- 5.5Service on persons whose address is unknown
- 5.6Service by post
- 5.7Service on persons outwith Scotland
- 5.8Endorsation by sheriff clerk of defender’s residence not necessary
- 5.9Contents of envelope containing defender’s copy summons
- 5.10Re-service
- 5.11Defender appearing barred from objecting to service
- 5.12Return of summons
- Chapter 6: Arrestment
- 6.1Service of schedule of arrestment
- 6.2Arrestment before service
- 6.3Recall and restriction of arrestment
- Chapter 7: Undefended action
- 7.1Undefended action
- 7.2Application for time to pay direction or time order
- 7.3Decree in actions to which the Hague Convention or Civil Jurisdiction and Judgments Act 1982 apply
- Chapter 8: Defended action
- 8.1Response to summons
- 8.2Procedure in defended action
- 8.3Purpose of hearing
- 8.4Remit to person of skill
- 8.5Inspection and recovery of documents
- 8.6Exchange of lists of witnesses
- 8.7Exchange of reports of skilled witnesses
- 8.8Evidence generally
- 8.9Hearing parts of action separately
- 8.10Returning borrowed parts of process before proof
- 8.11Conduct of proof
- 8.12Administration of oath or affirmation to witness
- 8.13Noting of evidence, etc.
- 8.14Parties to be heard at close of proof
- 8.15Objections to admissibility of evidence
- 8.16Incidental appeal against rulings on confidentiality of evidence and production of documents
- 8.17Application for time to pay direction or a time order in defended action
- 8.18Pronouncement of decision
- Chapter 9: Incidental applications and sists
- 9.1General
- 9.2Application to sist action
- Chapter 10: Counterclaim
- 10.1Counterclaim
- Chapter 11: Third party procedure
- 11.1Application for third party notice
- 11.2Procedure
- 11.3Warrants for diligence on third party notice
- Chapter 12: Summary decree
- 12.1Application of chapter
- 12.2Application for summary decree
- 12.3Summary decree in a counterclaim etc.
- Chapter 13: Alteration of summons etc.
- 13.1Alteration of summons etc.
- Chapter 14: Additional defender
- 14.1Additional defender
- Chapter 15: Application for sist of party and transference
- 15.1Application for sist of party and transference
- Chapter 16: Transfer and remit of actions
- 16.1Transfer to another court
- 16.2Remit between procedures
- 16.3Remit from Court of Session
- Chapter 17: Productions and documents
- 17.1Lodging of productions
- 17.2Copy productions
- 17.3Borrowing of productions
- 17.4Penalty for failure to return productions
- 17.5Documents lost or destroyed
- 17.6Documents and productions to be retained in custody of sheriff clerk
- Chapter 18: Recovery of evidence and attendance of witnesses
- 18.1Diligence for recovery of documents
- 18.2Optional procedure before executing commission and diligence
- 18.3Applications for orders under section 1 of the Administration of Justice (Scotland) Act 1972
- 18.4Confidentiality
- 18.5Preservation and obtaining of evidence
- 18.6Warrants for production of original documents from public records
- 18.7Letter of request
- 18.8Citation of witnesses
- 18.9Citation of witnesses by party litigants
- 18.10Witnesses failing to attend
- Chapter 19: Challenge of documents
- 19.1Challenge of documents
- Chapter 20: European Court
- 20.1Interpretation of rules 20.2 to 20.5
- 20.2Application for reference
- 20.3Preparation of case for reference
- 20.4Sist of action
- 20.5Transmission of reference
- Chapter 21: Abandonment
- 21.1Abandonment of action
- Chapter 22: Decree by default
- 22.1Decree by default
- Chapter 23: Decrees, extracts, execution and variation
- 23.1Decree
- 23.2Final decree
- 23.3Expenses
- 23.4Correction of interlocutor or note
- 23.5Taxes on funds under control of the court
- 23.6Extract of decree
- 23.7Charge
- 23.8Service of charge where address of defender is unknown
- 23.9Diligence on decree in actions for delivery
- 23.10Applications in same action for variation, etc. of decree
- Chapter 24: Recall of decree
- 24.1Recall of decree
- Chapter 25: Appeals
- 25.1Appeals
- 25.2Effect of and abandonment of appeal
- 25.3Hearing of appeal
- 25.4Appeal in relation to a time to pay direction
- 25.5Sheriff to regulate interim possession
- 25.6Provisions for appeal in actions for recovery of heritable property to which rule 30.2 applies
- 25.7Appeal to the Court of Session
- Chapter 26: Management of damages payable to persons under legal disability
- 26.1Orders for payment and management of money
- 26.2Methods of management
- 26.3Subsequent orders
- 26.4Management of money paid to sheriff clerk
- 26.5Management of money payable to children
- Chapter 27: Action of multiplepoinding
- 27.1Application of Chapter
- 27.2Application of other rules
- 27.3Pursuer in multiplepoinding
- 27.4Parties
- 27.5Statement of fund or subject in medio
- 27.6Response to summons
- 27.7Procedure where response lodged
- 27.8Objections to fund or subject in medio
- 27.9Claims hearing
- 27.10Procedure at claims hearing
- 27.11Advertisement
- 27.12Consignation and discharge of holder
- Chapter 28: Action of furthcoming
- 28.1Expenses included in claim
- Chapter 29: Action of count, reckoning and payment
- 29.1Response to summons
- 29.2Accounting hearing
- Chapter 30: Recovery of possession of heritable property
- 30.1Action raised under section 38 of the 1907 Act
- 30.2Action against persons in possession of heritable property without right or title
- 30.3Effect of decree
- 30.4Preservation of defender’s goods and effects
- 30.5Action of removing where fixed term of removal
- 30.6Form of notices and letter
- 30.7Giving notice of removal
- 30.8Evidence of notice to remove
- Chapter 31: Action of sequestration for rent
- 31.1General
- 31.2Appraisal inventory and execution of citation
- 31.3Procedure
- 31.4Sale to be reported within 14 days
- 31.5Recall of sequestration
- 31.6Warrant to eject and re-let where premises displenished
- 31.7Warrant to sequestrate, etc.
- Chapter 32: Action for aliment
- 32.1Recall or variation of decree for aliment
- 32.2Warrant and forms for intimation
- Chapter 33: Child Support Act 1991
- 33.1Interpretation of rules 33.2 to 33.4
- 33.2Statement of claim
- 33.3Effect of maintenance calculations
- 33.4Effect of maintenance calculations on extracts of decrees relating to aliment
- Chapter 34: Action of damages for personal injury
- 34.1Application of Chapter and disapplication of certain rules
- 34.2Form of summons
- 34.3Response to summons
- 34.4Inspection and recovery of documents
- 34.5Statement of valuation of claim
- 34.6Intimation to connected persons
- 34.7Application for further damages
- Chapter 35: Electronic transmission of documents
- 35.1Extent of provision
- 35.2Time of lodgement
- 1Forms
- 2GLOSSARY
- Schedule 2REVOCATIONS
- Explanatory note