Act of Sederunt (Summary Cause Rules) 2002

Service on persons whose address is unknown

5.5.—(1) If the defender’s address is unknown to the pursuer and cannot reasonably be ascertained by him, the sheriff may grant warrant to serve the summons–

(a) by the publication of an advertisement in Form 13 in a newspaper circulating in the area of the defender’s last known address; or

(b) by displaying on the walls of court a notice in Form 14.

(2) Where a summons is served in accordance with paragraph (1), the period of notice, which must be fixed by the sheriff, shall run from the date of publication of the advertisement or display on the walls of court, as the case may be.

(3) If service is to be effected under paragraph (1), the pursuer must lodge a service copy of the summons with the sheriff clerk.

(4) The defender may uplift from the sheriff clerk the service copy of the summons lodged in accordance with paragraph (3).

(5) If display on the walls of court is required under paragraph (1)(b), the pursuer must supply to the sheriff clerk for that purpose a completed copy of Form 14.

(6) In every case where advertisement in a newspaper is required for the purpose of service, a copy of the newspaper containing said advertisement must be lodged with the sheriff clerk.

(7) If service has been made under this rule and thereafter the defender’s address becomes known, the sheriff may allow the summons to be amended and, if appropriate, grant warrant for re-service subject to such conditions as he thinks fit.