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SO Training > Summary Cause > Flashcards

Summary Cause Flashcards

1
Q

What act covers the Summary Cause rules?

A

Act of Sederunt (Summary Cause Rules) 2002

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2
Q

What types of action can be raised under Summary Cause?

A

Actions for delivery (where there is an additional claim for payment of <£5000)

Actions for recovery of heritable property

Personal injury actions <£5000

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3
Q

What are the parties referred to as during summary cause actions?

A

Pursuer
Defender

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4
Q

What are the two important dates in summary cause proceedings and how many days are between them?

A

Return date- last date def can return a response

Calling date- case is set to call in court

14 days

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5
Q

How many days notice must be given to a defender residing within Europe during summary cause proceedings?

A

21 days

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6
Q

How many days notice must be given to a defender residing outwith Europe during summary cause proceedings?

A

42 days

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7
Q

In summary cause what summons form is served on a defender who is an individual with TTP

A

1A

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8
Q

In summary cause what summons form is served on a defender who is a company

A

1B

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9
Q

In summary cause what summons form is served on a defender where the action has no monetary claim

A

1C

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10
Q

In summary cause what summons form is served on a defender where the action is one of multipoinding?

A

1D

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11
Q

In summary cause what summons form is served on a defender in a personal injuries action with TTP?

A

1E

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12
Q

In summary cause what summons form is served on a defender in a personal injuries action without TTP?

A

1F

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13
Q

What is the form of citation/service in summary cause actions?

A

11

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14
Q

What is the form for the certificate of service in summary cause cases?

A

12

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15
Q

What is the wording that must appear on an envelope containing a summary cause summons sent by RD?

A

THIS LETTER CONTAINS A CITATION TO OR INTIMATION FROM THE SHERIFF COURT AT (SPECIFY) IF DELIVERY CANNOT BE MADE THE LETTER MUST BE RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT (INSERT FULL ADD)

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16
Q

Where the address of a defender is not known what form is used to advertise a summary cause summons on the walls of court?

A

14

17
Q

What must a pursuer do if a defender has not responded by the return date in summary cause cases?

A

Lodge a minute in form 17 not later than 2 days before the calling date

No minute = no action

18
Q

What does it mean if an action is sisted?

A

It has been paused

19
Q

How can a party recall a sist?

A

Lodge an incidental application, a hearing is then set and a copy of the inc app must be served on the other party with no less than 2 days notice

20
Q

What is the form for a 3rd party notice in summary cause proceedings?

A

22

21
Q

How does a defender apply for a 3rd party notice?

A

Incidental application

22
Q

When can a decree be extracted in summary cause cases?

A

14 days after the decree is granted unless shortened by the sheriff on application

23
Q

What is the summary cause equivalent of a reposing note?

A

Minute for recall

24
Q

What form is used in summary cause for a party to recall a decree

A

Minute in form 30

25
Q

How long does a party have to apply for a minute to recall?

A

Within 14 days of the decree date

26
Q

What is the minimum period of notice that must be given to the other party in respect of a minute for recall?

A

7 days

27
Q

Can further diligence take place when a party lodges a minute for recall?

A

No

28
Q

What is an action of multiplepoinding?

A

An action raised to determine who is entitled to the fund or property in question

E.g. 2 arrestments for the same bank account

29
Q

What is an action of furthcoming?

A

An action to release funds following an arrestment in execution

30
Q

What is an action of count reckoning & payment?

A

An action to determine if funds have been tampered with

E.g. executor of an estate

31
Q

In what instance are actions relating to heritable property raised under the summary cause procedure?

A

When persons have no right to occupy premesis/land

32
Q

In heritable property cases under summary cause procedure what are defenders designated as?

A

The occupier

33
Q

What are occupiers served in heritable property cases under the summary cause procedure?

A

Summons and citation in Form 11

34
Q

How are forms served on occupiers in heritable property summary cause proceedings when pursuers are seeking to recover land only?

A

Stakes are inserted into the ground in conspicuous parts in sealed transparent envelopes ( affixed to doors/ deposited where possible in traveler instances )

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