Ordinary Cause - Service And Citation Flashcards
What acts govern ordinary cause?
Act of Sederunt(Sheriff Court Ordinary Cause Rules) 1993
Sheriff Courts(Scotland) Act 1907
How is an;
Ordinary cause action commenced?
Commercial action?
Personal injuries action?
Form G1
Form G1A
Form PI1
Warrant when time to pay/ order not available?
Form 01, 04, 07
Warrant when time to pay/ order available?
Form 02,03,05,07
Name 4 warrants that can be signed by a sheriff?
- arrestment to found jurisdiction
- arrestment on the dependence
- arrestment of cargo
- to shorten or extend period of notice
What act allows documents to have no wet signature?
Act of Sederunt(Electronic Authentication) 2016
Period of notice for defender within eu/ outside eu?
21 days within eu, 42 days outside eu
Sheriff can reduce to 2 days
Certificate of citation in ordinary cause action?
Form 06
What two acts govern postal service?
Citation Amendment (Scotland) Act 1882
Recorded Delivery Service Act 1962
When service is executed by post, what must be on the envelope?
This envelope contains a citation to or intimation from (name of sheriff court). If delivery cannot be made at address shown it is to be returned immediately to: The Sheriff Clerk at (address of sheriff clerks office)
Methods of service by sheriff officer?
Personally
Left with resident at home or employee at p.o.b
Depositing
Leaving in a way that will come to their attention
What must be done if service executed by depositing or leaving in such a way?
Send a copy of the documents by ordinary first class post to address most likely defender will be at
If personal service unsuccessful, what must be on the envelope?
This envelope contains a citation to or intimation from( name of sheriff court)
How is service executed when address unknown?
Adertisement in newspaper in Form G3
Walls of court in Form G4
What act governs service of documents at a company’s r.o?
Companies Act 2006
If the pursuer objects to an application by the defender, what do they lodge?
Form 03A and minute for decree. Pursuer must also send copy of 03A to defender.
Period of notice for sheriff to fix a hearing after 03A and minute lodged?
Within 28 days
What is the period of notice when a defender wishes to lodge defences?
Within 14 days of expiry of period of notice.
What can the party lodging the minute intimate to the other party?
Form G7A - answers lodged
or
Form G7B - no order for answers or no hearing fixed
or
Form G7C - hearing fixed
Alongwith copy of minute& any interlocutor
What are the standard methods of intimation for a minute?
Personal delivery
Facsimile transmission
First class ordinary post
Dx
Period of notice for lodging answers after minute is intimated?
Within 14 days of intimation
Party seeking to oppose a minute?
Form G9
Intimation of a minute?
Form G8 which must be returned to court within 5 days of intimation.
What gives s.o authority to cite a witness?
Certified copy interlocutor assigning a hearing and for evidence to be heard.
How can a motion be made?
Orally or by lodging a motion in Form G6
Intimation of a motion?
Form G7
Methods of intimation of a motion?
Personal delivery
Facsimile transmission
First class ordinary post
Dx
Opposition of a motion?
Form G9 which must be done within 7 days of the intimation of the motion.
Intimation of a motion?
Form G8 which must be returned to court within 5 days of intimation.
Solicitor withdrawn from acting?
Form G10, no less that 14 days after date of interlocutor.
Third party notice
Form 010
When must a third party notice be served?
Within 14 days of interlocutor, if unsuccessful interlocutor ceases to have effect.
Period of notice for third party lodging answers?
28 days
What must each party do with regards to witnesses?
Each party needs to intimate a list of witnesses and lodge a copy within 28 days of the interlocutor allowing proof.
Form of citation used for citing a witness?
Form G13 and certificate of service in Form G12.
Must be cited at least 7 days before hearing.
If a decree is granted in absence, when can it be extracted from the court?
14 days after it’s pronounced.
Decree granted in defended action. Period of notice?
7 days
When can an ordinary cause decree be enforced?
Is enforceable immediately
What is a decree ad factum praestandum?
Decree pronounced for the performance of a specific act
Person refusing a decree as factum praestandum?
Court can grant warrant for imprisonment for upto 6 months
What is a decree of absolvitor?
When a judgement is found in favour of the defender and prevents the same action being raised against the defender again.
Period of notice to appeal against an interlocutor?
Within 7 days after interlocutor granted.
Acts which relate to ordinary cause?
- Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993
- Sheriff Court (Scotland) Act 1907
- Act of Sederunt (Electronic Authentication) 2016
- Citation Amendment (Scotland) Act 1882
- Recorded Delivery Service Act 1962
- Companies Act 2006
- Law Reform (Miscellaneous Provisions)(Scotland) Act 1940
Fee for lodging personal injuries 07
Fee for lodging ordinary 07
£238
£137