SCHEDULE 1SUMMARY CAUSE RULES 2002

CHAPTER 13Alteration of summons etc.

Alteration of summons etc.13.1

1

The sheriff may, on the incidental application of a party, allow amendment of the summons, form of response, counterclaim or answers to a counterclaim and adjust the note of disputed issues at any time before final judgment is pronounced on the merits.

2

In an undefended action, the sheriff may order the amended summons to be re-served on the defender on such period of notice as he thinks fit.

3

Paragraph (1) includes amendment for the following purposes:–

a

increasing or reducing the sum claimed;

b

seeking a different remedy from that originally sought;

c

correcting or supplementing the designation of a party;

d

enabling a party to sue or be sued in a representative capacity; and

e

sisting a party in substitution for, or in addition to, the original party.

4

Where an amendment sists an additional or substitute defender to the action the sheriff shall order such service and regulate further procedure as he thinks fit.