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Sheriff Officer Exam > Ordinary Cause - Service And Citation > Flashcards

Ordinary Cause - Service And Citation Flashcards

1
Q

What acts govern ordinary cause?

A

Act of Sederunt(Sheriff Court Ordinary Cause Rules) 1993
Sheriff Courts(Scotland) Act 1907

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2
Q

How is an;
Ordinary cause action commenced?
Commercial action?
Personal injuries action?

A

Form G1
Form G1A
Form PI1

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3
Q

Warrant when time to pay/ order not available?

A

Form 01, 04, 07

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4
Q

Warrant when time to pay/ order available?

A

Form 02,03,05,07

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5
Q

Name 4 warrants that can be signed by a sheriff?

A
  • arrestment to found jurisdiction
  • arrestment on the dependence
  • arrestment of cargo
  • to shorten or extend period of notice
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6
Q

What act allows documents to have no wet signature?

A

Act of Sederunt(Electronic Authentication) 2016

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7
Q

Period of notice for defender within eu/ outside eu?

A

21 days within eu, 42 days outside eu

Sheriff can reduce to 2 days

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8
Q

Certificate of citation in ordinary cause action?

A

Form 06

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9
Q

What two acts govern postal service?

A

Citation Amendment (Scotland) Act 1882
Recorded Delivery Service Act 1962

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10
Q

When service is executed by post, what must be on the envelope?

A

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)

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11
Q

Methods of service by sheriff officer?

A

Personally
Left with resident at home or employee at p.o.b
Depositing
Leaving in a way that will come to their attention

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12
Q

What must be done if service executed by depositing or leaving in such a way?

A

Send a copy of the documents by ordinary first class post to address most likely defender will be at

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13
Q

If personal service unsuccessful, what must be on the envelope?

A

This envelope contains a citation to or intimation from( name of sheriff court)

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14
Q

How is service executed when address unknown?

A

Adertisement in newspaper in Form G3
Walls of court in Form G4

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15
Q

What act governs service of documents at a company’s r.o?

A

Companies Act 2006

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16
Q

If the pursuer objects to an application by the defender, what do they lodge?

A

Form 03A and minute for decree. Pursuer must also send copy of 03A to defender.

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17
Q

Period of notice for sheriff to fix a hearing after 03A and minute lodged?

A

Within 28 days

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18
Q

What is the period of notice when a defender wishes to lodge defences?

A

Within 14 days of expiry of period of notice.

19
Q

What can the party lodging the minute intimate to the other party?

A

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

20
Q

What are the standard methods of intimation for a minute?

A

Personal delivery
Facsimile transmission
First class ordinary post
Dx

21
Q

Period of notice for lodging answers after minute is intimated?

A

Within 14 days of intimation

22
Q

Party seeking to oppose a minute?

A

Form G9

23
Q

Intimation of a minute?

A

Form G8 which must be returned to court within 5 days of intimation.

24
Q

What gives s.o authority to cite a witness?

A

Certified copy interlocutor assigning a hearing and for evidence to be heard.

25
Q

How can a motion be made?

A

Orally or by lodging a motion in Form G6

26
Q

Intimation of a motion?

A

Form G7

27
Q

Methods of intimation of a motion?

A

Personal delivery
Facsimile transmission
First class ordinary post
Dx

28
Q

Opposition of a motion?

A

Form G9 which must be done within 7 days of the intimation of the motion.

29
Q

Intimation of a motion?

A

Form G8 which must be returned to court within 5 days of intimation.

30
Q

Solicitor withdrawn from acting?

A

Form G10, no less that 14 days after date of interlocutor.

31
Q

Third party notice

A

Form 010

32
Q

When must a third party notice be served?

A

Within 14 days of interlocutor, if unsuccessful interlocutor ceases to have effect.

33
Q

Period of notice for third party lodging answers?

A

28 days

34
Q

What must each party do with regards to witnesses?

A

Each party needs to intimate a list of witnesses and lodge a copy within 28 days of the interlocutor allowing proof.

35
Q

Form of citation used for citing a witness?

A

Form G13 and certificate of service in Form G12.

Must be cited at least 7 days before hearing.

36
Q

If a decree is granted in absence, when can it be extracted from the court?

A

14 days after it’s pronounced.

37
Q

Decree granted in defended action. Period of notice?

A

7 days

38
Q

When can an ordinary cause decree be enforced?

A

Is enforceable immediately

39
Q

What is a decree ad factum praestandum?

A

Decree pronounced for the performance of a specific act

40
Q

Person refusing a decree as factum praestandum?

A

Court can grant warrant for imprisonment for upto 6 months

41
Q

What is a decree of absolvitor?

A

When a judgement is found in favour of the defender and prevents the same action being raised against the defender again.

42
Q

Period of notice to appeal against an interlocutor?

A

Within 7 days after interlocutor granted.

43
Q

Acts which relate to ordinary cause?

A
  • 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
44
Q

Fee for lodging personal injuries 07
Fee for lodging ordinary 07

A

£238
£137

Sheriff Officer Exam (27 decks)

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