Summary Cause Flashcards
What act governs summary cause
Act of Sederunt (Summary Cause Rules) 2002
What actions is summary cause used for
Actions for delivery
Delivery with an additional claim for payment of less than £5,000
Recovery of heritable property
Personal injuries where sun is less than £5,000
How is a summary cause action commenced
Summons in form 1
When a summons is authenticated and a warrant is granted, what are the two important dates and what is the period of notice?
The return date and the calling date with 14 days between these dates.
What is the notice period for some who resides or has a place of business in France?
21 days
What is the notice period for someone who stays in or has a place of business in Australia
42 days
How many days can the sheriff reduce the period of notice to?
2 days
What act governs actions not needing a wet signature?
The Act of Sederunt (Electronic Authentication) 2016
What form is used for an action that includes a claim for money and the defender can apply for a time to pay application?
Form 1a
What form is used for an action that includes a claim for money and the defender can’t apply for a time to pay application?
Form 1b
What form is used for an action that is not for, or does not include a claim for money?
Form 1c
What is the form used for a multipoinding action
Form 1d
What form is used for a personal injuries action with a claim and time to pay available?
Form 1e
What form is used for a personal injuries action with a claim but time to pay is not available?
Form 1f
What must be served before a personal injuries action
Form 10A
What must be served with the summons in a personal injuries action?
Form 10
What is the form for certificate of service?
Form 12
Which acts govern service by registered post?
Citation Amendment(Scotland) 1882
The Recorded Delivery Service Act 1962
What must be on the envelope when serving a summons by recorded delivery?
This letter contains a citation to or intimation from the sheriff court at (specify which court). If delivery cannot be made the letter must be returned immediately to the sheriff court at (insert full address).
What must the certificate of citation have attached to it?
Proof of postage
When service is by post, when does the period of notice begin?
Day after posting
Methods of service by a sheriff officer?
Personal service
Leaving with resident at home or employee at p.o.b
Depositing at home or p.o.b
Leaving at home or p.o.b in a way that will come to their attention
If personal service is not effected what must be done?
Send by ordinary post to the address which defender may be found
What must be on the envelope if personal service unsuccessful?
This envelope contains a citation to or intimation from ( name of sheriff court)
If defenders address is unknown? And when does notice period start?
Advertise in newspaper in Form 13
Walls of court in Form 14
Notice begins day of publication or day is displayed.
When must the summons and certificate of service be returned to the court?
No later than 2 days before calling date.
What must the pursuer do if the defender does not lodge a form of response?
Lodge a minute in Form 17 to the sheriff clerk no later than 2 days before calling date.
When the pursuer doesn’t object to a time to pay application?
Form 18 no less than 9 days before calling date.
When the pursuer does object to a time to pay application?
Form 19 no less than 9 days before the hearing.
If defender intends to challenge jurisdiction, defend action or lodge counter claim?
Must complete form of response and return to sheriff clerk on or before return date.
How can a party recall a sist?
Lodge an incidental application with the court orally or in writing. Must be served on other party giving no less than 2 days notice.
What is the forms used for citation of a witness or haver?
Citation in Form 26 and certificate in Form 26a.
How many days must a witness be cited before the hearing?
No less than 7 days
What form is used for a third party notice?
Form 22
What form is used for the person receiving the third party notice?
Form 23
When is an extract decree issued?
After 14 days from granting the decree
What form is the extract decree in
Form 28 to Form 28k
How can a party recall a decree?
Minute in form 30
When must a minute for recall of dismissal be lodged?
Within 14 days of date of decree
When a charge or arrestment has been executed, when must the minute be lodged?
14 days of that execution
When a decree is for removing from heritable property?
Minute can be lodged at anytime before defender is removed from property
When a minute for recall is lodged, what must the other party do?
Serve a copy of the minute in form 30a and note the time, date and place at least 7 days before hearing.
Can any further action be taken when a minute for recall is lodged?
No as this prevents this
What is the form used to appeal and when must this be lodged?
Form 31 and no later than 14 days after the date of final decree
What form is used for an application for leave to appeal and what time frame?
Form 32 within 7 days of that decision
If leave to appeal is granted?
Form 33 within 14 days of the order granting leave.
What is an action of multiplepoinding?
When parties wish to determine whom is entitled to the fund or property in question
What is an action of furthcoming?
When an arrestment has be executed on moveable property and to release the property the other party must raise an action of forthcoming
Action relating to heritable property?
Summons served by s.o by affixing copy of summons and citation in form 11 addressed to occupiers to main door or any other conspicuous part of the premises and also deposit a copy into the premises when practical
Action relating to recover land only?
S.o serves summons and citation in form 11 by inserting stakes in ground at conspicuous parts and attaching to each a copy of the summons and form 11 in a sealed transparent envelope.
Acts used in summary cause
Act of Sederunt ( Summary Cause Rules) 2002
Act of Sederunt (Electronic Authentication) 2016
Citation Amendment (Scotland) Act 1882
Recorded Delivery Service Act 1962
Companies Act 2006
