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Act of Sederunt (Summary Cause Rules) 2002

S.S.I. 2002/132 · 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), 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. 2Summary Cause Rules
  3. 3Transitional provision
  4. 4Revocation
  5. Signature
  6. Schedule 1: SUMMARY CAUSE 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 action
  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 Summary Causes, service and return of the summons
  21. 5.1Register of Summary Causes
  22. 5.2Persons carrying on business under trading or descriptive name
  23. 5.3Form of service and certificate thereof
  24. 5.4Service within Scotland by sheriff officer
  25. 5.5Service on persons whose address is unknown
  26. 5.6Service by post
  27. 5.7Service on persons outwith Scotland
  28. 5.8Endorsation by sheriff clerk of defender’s residence not necessary
  29. 5.9Contents of envelope containing defender’s copy summons
  30. 5.10Re-service
  31. 5.11Defender appearing barred from objecting to service
  32. 5.12Return of summons
  33. Chapter 6: Arrestment
  34. 6.1Service of schedule of arrestment
  35. 6.2Arrestment before service
  36. 6.3Recall and restriction of arrestment
  37. Chapter 7: Undefended action
  38. 7.1Undefended action
  39. 7.2Application for time to pay direction or time order
  40. 7.3Decree in actions to which the Hague Convention or Civil Jurisdiction and Judgments Act 1982 apply
  41. Chapter 8: Defended action
  42. 8.1Response to summons
  43. 8.2Procedure in defended action
  44. 8.3Purpose of hearing
  45. 8.4Remit to person of skill
  46. 8.5Inspection and recovery of documents
  47. 8.6Exchange of lists of witnesses
  48. 8.7Exchange of reports of skilled witnesses
  49. 8.8Evidence generally
  50. 8.9Hearing parts of action separately
  51. 8.10Returning borrowed parts of process before proof
  52. 8.11Conduct of proof
  53. 8.12Administration of oath or affirmation to witness
  54. 8.13Noting of evidence, etc.
  55. 8.14Parties to be heard at close of proof
  56. 8.15Objections to admissibility of evidence
  57. 8.16Incidental appeal against rulings on confidentiality of evidence and production of documents
  58. 8.17Application for time to pay direction or a time order in defended action
  59. 8.18Pronouncement of decision
  60. Chapter 9: Incidental applications and sists
  61. 9.1General
  62. 9.2Application to sist action
  63. Chapter 10: Counterclaim
  64. 10.1Counterclaim
  65. Chapter 11: Third party procedure
  66. 11.1Application for third party notice
  67. 11.2Procedure
  68. 11.3Warrants for diligence on third party notice
  69. Chapter 12: Summary decree
  70. 12.1Application of chapter
  71. 12.2Application for summary decree
  72. 12.3Summary decree in a counterclaim etc.
  73. Chapter 13: Alteration of summons etc.
  74. 13.1Alteration of summons etc.
  75. Chapter 14: Additional defender
  76. 14.1Additional defender
  77. Chapter 15: Application for sist of party and transference
  78. 15.1Application for sist of party and transference
  79. Chapter 16: Transfer and remit of actions
  80. 16.1Transfer to another court
  81. 16.2Remit between procedures
  82. 16.3Remit from Court of Session
  83. Chapter 17: Productions and documents
  84. 17.1Lodging of productions
  85. 17.2Copy productions
  86. 17.3Borrowing of productions
  87. 17.4Penalty for failure to return productions
  88. 17.5Documents lost or destroyed
  89. 17.6Documents and productions to be retained in custody of sheriff clerk
  90. Chapter 18: Recovery of evidence and attendance of witnesses
  91. 18.1Diligence for recovery of documents
  92. 18.2Optional procedure before executing commission and diligence
  93. 18.3Applications for orders under section 1 of the Administration of Justice (Scotland) Act 1972
  94. 18.4Confidentiality
  95. 18.5Preservation and obtaining of evidence
  96. 18.6Warrants for production of original documents from public records
  97. 18.7Letter of request
  98. 18.8Citation of witnesses
  99. 18.9Citation of witnesses by party litigants
  100. 18.10Witnesses failing to attend
  101. Chapter 19: Challenge of documents
  102. 19.1Challenge of documents
  103. Chapter 20: European Court
  104. 20.1Interpretation of rules 20.2 to 20.5
  105. 20.2Application for reference
  106. 20.3Preparation of case for reference
  107. 20.4Sist of action
  108. 20.5Transmission of reference
  109. Chapter 21: Abandonment
  110. 21.1Abandonment of action
  111. Chapter 22: Decree by default
  112. 22.1Decree by default
  113. Chapter 23: Decrees, extracts, execution and variation
  114. 23.1Decree
  115. 23.2Final decree
  116. 23.3Expenses
  117. 23.4Correction of interlocutor or note
  118. 23.5Taxes on funds under control of the court
  119. 23.6Extract of decree
  120. 23.7Charge
  121. 23.8Service of charge where address of defender is unknown
  122. 23.9Diligence on decree in actions for delivery
  123. 23.10Applications in same action for variation, etc. of decree
  124. Chapter 24: Recall of decree
  125. 24.1Recall of decree
  126. Chapter 25: Appeals
  127. 25.1Appeals
  128. 25.2Effect of and abandonment of appeal
  129. 25.3Hearing of appeal
  130. 25.4Appeal in relation to a time to pay direction
  131. 25.5Sheriff to regulate interim possession
  132. 25.6Provisions for appeal in actions for recovery of heritable property to which rule 30.2 applies
  133. 25.7Appeal to the Court of Session
  134. Chapter 26: Management of damages payable to persons under legal disability
  135. 26.1Orders for payment and management of money
  136. 26.2Methods of management
  137. 26.3Subsequent orders
  138. 26.4Management of money paid to sheriff clerk
  139. 26.5Management of money payable to children
  140. Chapter 27: Action of multiplepoinding
  141. 27.1Application of Chapter
  142. 27.2Application of other rules
  143. 27.3Pursuer in multiplepoinding
  144. 27.4Parties
  145. 27.5Statement of fund or subject in medio
  146. 27.6Response to summons
  147. 27.7Procedure where response lodged
  148. 27.8Objections to fund or subject in medio
  149. 27.9Claims hearing
  150. 27.10Procedure at claims hearing
  151. 27.11Advertisement
  152. 27.12Consignation and discharge of holder
  153. Chapter 28: Action of furthcoming
  154. 28.1Expenses included in claim
  155. Chapter 29: Action of count, reckoning and payment
  156. 29.1Response to summons
  157. 29.2Accounting hearing
  158. Chapter 30: Recovery of possession of heritable property
  159. 30.1Action raised under section 38 of the 1907 Act
  160. 30.2Action against persons in possession of heritable property without right or title
  161. 30.3Effect of decree
  162. 30.4Preservation of defender’s goods and effects
  163. 30.5Action of removing where fixed term of removal
  164. 30.6Form of notices and letter
  165. 30.7Giving notice of removal
  166. 30.8Evidence of notice to remove
  167. Chapter 31: Action of sequestration for rent
  168. 31.1General
  169. 31.2Appraisal inventory and execution of citation
  170. 31.3Procedure
  171. 31.4Sale to be reported within 14 days
  172. 31.5Recall of sequestration
  173. 31.6Warrant to eject and re-let where premises displenished
  174. 31.7Warrant to sequestrate, etc.
  175. Chapter 32: Action for aliment
  176. 32.1Recall or variation of decree for aliment
  177. 32.2Warrant and forms for intimation
  178. Chapter 33: Child Support Act 1991
  179. 33.1Interpretation of rules 33.2 to 33.4
  180. 33.2Statement of claim
  181. 33.3Effect of maintenance calculations
  182. 33.4Effect of maintenance calculations on extracts of decrees relating to aliment
  183. Chapter 34: Action of damages for personal injury
  184. 34.1Application of Chapter and disapplication of certain rules
  185. 34.2Form of summons
  186. 34.3Response to summons
  187. 34.4Inspection and recovery of documents
  188. 34.5Statement of valuation of claim
  189. 34.6Intimation to connected persons
  190. 34.7Application for further damages
  191. Chapter 35: Electronic transmission of documents
  192. 35.1Extent of provision
  193. 35.2Time of lodgement
  194. 1Forms
  195. 2GLOSSARY
  196. Schedule 2REVOCATIONS
  197. Explanatory note