Article 2 Interpretation

In this Order, unless the context otherwise requires–

• “extract decree” includes any duly authenticated extract of an order made by the sheriff in respect of any licence, appointment, discharge or like matter;

• “minute” means–

  1. (a)

     a minute in terms of rule 14.2 of the Ordinary Cause Rules 1993^f1; or

  2. (b)

     in the case of a cause commenced before 1st January 1994, a minute lodged under the Ordinary Cause Rules 1983^f2 other than–

     1. (i)

        a joint minute;

     2. (ii)

        a minute of amendment;

     3. (iii)

        a minute of abandonment;

     4. (iv)

        a minute of admission;

     5. (v)

        a minute of agreement;

     6. (vi)

        a minute of tender or acceptance of tender; and

     7. (vii)

        a minute for decree in absence;

• “motion” means–

  1. (a)

     a written motion to which Chapter 15 of the Ordinary Cause Rules 1993 applies;

  2. (b)

     a written motion made in an undefended family action in terms of Chapter 33 of the Ordinary Cause Rules 1993 in which no notice of intention to defend has been lodged; or

  3. (c)

     in the case of a cause commenced before 1st January 1994, a written motion made under the Ordinary Cause Rules 1983;

• “sheriff clerk” includes the Sheriff Clerk of Chancery, the Commissary Clerk of Edinburgh and sheriff clerk depute;

• “small claim” has the meaning assigned to it by the Small Claims (Scotland) Order 1988^f3;

• “summary cause” has the meaning assigned to it by section 35(1) of the Sheriff Courts (Scotland) Act 1971^f4;

• “Table of Fees” means the Table of Fees specified in Schedule 1 to this Order;

• “writ” means any document containing written pleadings relating to proceedings in the sheriff court and includes an inventory of estate, a precept of arrestment on a liquid document of debt, a notice of intention to defend and a notice of appearance lodged in an action of multiplepoinding under rule 35.8 of the Ordinary Cause Rules 1993.

For the purpose of any reference in this Order to a defender, compearer or party, any defenders, compearers or parties who have the same interest and who lodge, or are preparing to lodge, a writ in their joint names shall be treated as a single defender, compearer or party.

The fees payable in respect of the matters referred to in paragraphs 22, 23 and 28 of the Table of Fees shall be payable on one occasion only in respect of a cause.