Act of Sederunt (Summary Cause Rules) 2002

Form of summons

34.2.—(1) The statement of claim in the summons shall be in Form 10 and shall include–

(a) a concise statement of the grounds of action, and the facts relied upon to establish the claim;

(b) the date of birth and where applicable National Insurance number of the pursuer; and

(c) the names of every medical practitioner from whom, and every hospital, or other institution in which, the pursuer, or in an action in respect of the death of a person, the deceased, received treatment for injuries sustained or for disease suffered by him.

(2) There shall be lodged along with the summons–

(a) all medical reports then available to the pursuer on which he intends, or intends to reserve the right, to rely in the action or a statement that there are no such medical reports; and

(b) a statement of valuation of claim (which shall include a list of supporting documents) in Form 10c.

(3) An application for an order under section 12(2)(a) of the Administration of Justice Act 1982(1) (provisional damages for personal injuries) shall be made by including in the summons a claim for provisional damages in Form 10a, and where such application is made, a concise statement as to the matters referred to in paragraphs (a) and (b) of section 12(1) of that Act shall be included in the statement of claim.

(4) In paragraph (3) above “provisional damages” means the damages referred to in section 12(4)(a) of the Administration of Justice Act 1982.

(5) A summons may include–

(a) an application for warrants for intimation in so far as permitted under these Rules; and

(b) a specification of documents containing such of the calls in Form 10e as the pursuer considers appropriate.

(6) Where a summons includes a specification of documents in accordance with paragraph (5)(b), it must, where necessary, be intimated to the Advocate General for Scotland or the Lord Advocate (and if there is any doubt, both) when lodged.

(7) A copy of Form 10b and a copy of the statement of valuation of claim lodged by the pursuer in Form 10c shall accompany the defender’s copy summons when it is served on the defender.

(1)

1982 c. 53.