- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (22/09/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 22/09/2015.
Sheriff Courts (Scotland) Act 1907, CHAPTER 3 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Modifications etc. (not altering text)
3.1.[F1(1)A cause shall be commenced–
(a)in the case of an ordinary cause, by initial writ in Form G1; or
(b)in the case of a commercial action within the meaning of Chapter 40, by initial writ in Form G1A.] [F2; or
(c)in the case of a personal injuries action within the meaning of Part AI of Chapter 36, by initial writ in Form PI1.]
[F3(d)in the case of a personal injuries action appointed to proceed in accordance with Chapter 36A under rule 36.C1, by initial writ in Form G1 which includes an interlocutor in Form PI4.]
(2)The initial writ shall be written, typed or printed on A4 size paper of durable quality and shall not be backed or folded.
(3)Where the pursuer has reason to believe that an [F4agreement] exists prorogating jurisdiction over the subject-matter of the cause to another court, the [F5initial] writ shall contain details of that agreement.
(4)Where the pursuer has reason to believe that proceedings are pending before another court involving the same cause of action and between the same parties as those named in the instance of the initial writ, the [F5initial] writ shall contain details of those proceedings.
(5)An article of condescendence shall be included in the [F5initial] writ averring—
(a)the ground of jurisdiction; and
(b)the facts upon which the ground of jurisdiction is based.
[F6(5A)Where a personal injuries action within the meaning of Part A1 of Chapter 36 is raised in Edinburgh Sheriff Court the initial writ must include an averment indicating whether the proceedings are for determination in the exercise of the sheriff’s all-Scotland jurisdiction or the sheriff’s local jurisdiction.
(5B)Where an averment is included indicating that the proceedings are for determination in the exercise of the sheriff’s all-Scotland jurisdiction, the heading of the initial writ must state that the action is being raised in the all-Scotland sheriff court.]
(6)Where the residence, registered office or place of business, as the case may be, of the defender is not known and cannot reasonably be ascertained, the pursuer shall set out in the instance that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his present whereabouts.
(7)The initial writ shall be signed by the pursuer or his solicitor (if any) and the name and address of that solicitor shall be stated on the back of every service copy of that writ.
Textual Amendments
F1Sch. 1 rule 3.1(1)(a)(b) substituted for rule 3.1(1) (1.3.2001) by S.S.I. 2001/8, para. 2(1)(2)
F2Sch. 1 rule 3.1(1)(c) and word inserted (2.11.2009) by Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 (S.S.I. 2009/285), paras. 1(1), 2(2) (with para. 3)
F3Sch. 1 rule 3.1(1)(d) inserted (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 8(3)(a) (with para. 11(2)(3))
F4Word in sch. 1 rule 3.1(3) substituted (1.1.1996) by S.I. 1996/2445, para. 3(2)(a)(i)
F5Word in sch. 1 rule 3.1(3)-(5) substituted (1.11.1996) by S.I. 1996/2445, para. 3(2)(a)(ii)(b)(c)
F6Sch. 1 rule 3.1(5A)(5B) inserted (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 8(3)(b) (with para. 11(2)(3))
3.2.(1)In an action relating to heritable property, it shall not be necessary to call as a defender any person by reason only of any interest he may have as the holder of a heritable security over the heritable property.
(2)Intimation of such an action shall be made to the holder of the heritable security referred to in paragraph (1)—
(a)where the action relates to any heritable right or title; and
(b)in any other case, where the sheriff so orders.
F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 1 rule 3.2(3) omitted (30.9.2010) by virtue of Act of Sederunt (Sheriff Court Rules) (Enforcement of Securities over Heritable Property) 2010 (S.S.I. 2010/324), paras. 1(1), 2(7) (with para. 2(12), (13))
[F83.2A.In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974—
(a)the initial writ shall include an averment that such an agreement exists and details of that agreement; and
(b)a copy of the regulated agreement shall be attached to the initial writ.]
Textual Amendments
F8Sch. 1 rule 3.2A inserted (1.12.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(2), 2(2) (with para. 6)
3.3.(1)The warrant of citation in any cause other than—
(a)a family action within the meaning of rule 33.1(1),
(b)an action of multiplepoinding,
(c)an action in which a time to pay direction under the Debtors (Scotland) Act 1987 [F9 or a time order under the Consumer Credit Act 1974] may be applied for by the defender,
F10(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(e)a civil partnership action within the meaning of rule 33A.1(1).]
shall be in [F12Form O1].
(2)In a cause in which a time to pay direction under the Debtors (Scotland) Act 1987 [F13or a time order under the Consumer Credit Act 1974] may be applied for the defender, the warrant of citation shall be in [F12Form O2].
(3)In a cause in which a warrant of citation in accordance with [F12Form O2] is appropriate, there shall be served on the defender (with the initial writ and warrant) a notice in [F12Form O3].
F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Words in Sch. 1 rule 3.3(1)(c) inserted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(4)(a)
F10Sch. 1 rule 3.3(1)(d) omitted (30.9.2010) by virtue of Act of Sederunt (Sheriff Court Rules) (Enforcement of Securities over Heritable Property) 2010 (S.S.I. 2010/324), paras. 1(1), 2(8)(a) (with para. 2(12), (13))
F11Sch. 1 rule 3.3(1)(e) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(2)}
F12Words in rule 3.3 substituted (1.11.1996) by S.I. 1996/2445, para. 3(3)
F13Words in Sch. 1 rule 3.3(2) inserted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(4)(b)
F14Sch. 1 rule 3.3(4) omitted (30.9.2010) by virtue of Act of Sederunt (Sheriff Court Rules) (Enforcement of Securities over Heritable Property) 2010 (S.S.I. 2010/324), paras. 1(1), 2(8)(b) (with para. 2(12), (13))
3.4.(1)Where an application for a warrant for arrestment to found jurisdiction may be made, it shall be made in the crave of the [F15initial] writ.
(2)Averments to justify the granting of such a warrant shall be included in the condescendence.
Textual Amendments
F15Word in rule 3.4(1) substituted (1.11.1996) by S.I. 1996/2445, para. 3(4)
F163.5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 1 rule 3.5 revoked (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(2)
3.6.(1)Subject to rule 5.6(1) (service where address of person is not known) and to paragraph (2) of this rule, a cause shall proceed after one of the following periods of notice has been given to the defender:—
(a)where the defender is resident or has a place of business within Europe, 21 days after the date of execution of service; or
(b)where the defender is resident or has a place of business outside Europe, 42 days after the date of execution of service.
(2)Subject to paragraph (3), the sheriff may, on cause shown, shorten or extend the period of notice on such conditions as to the method or manner of service as he thinks fit.
(3)A period of notice may not be reduced to a period of less than 2 days.
(4)Where a period of notice expires on a Saturday, Sunday, or public or court holiday, the period of notice shall be deemed to expire on the next day on which the sheriff clerk’s office is open for civil court business.
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