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