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Paragraph 4.4 Authentication and effect of summons

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

(1)

A summons shall be authenticated by the sheriff clerk in some appropriate manner except where–

(a)

he refuses to do so for any reason;

(b)

the defender’s address is unknown; or

(c)

a party seeks to alter the normal period of notice specified in rule 4.5(2).

(2)

If any of paragraphs (1)(a), (b) or (c) applies, the summons shall be authenticated by the sheriff, if he thinks it appropriate.

(3)

The authenticated summons shall be warrant for–

(a)

service on the defender; and

(b)

where the appropriate warrant has been sought in the summons–

(i)

arrestment on the dependence; or

(ii)

arrestment to found jurisdiction,

as the case may be.