Test 1 Flashcards
What is the period of notice following citation of an initial writ where the defender resides in France?
21 days
What is the minimum period of notice that must be given if it is shortened by the Sheriff?
2 days/ 48 hours
What is the form of citation in an initial writ used in an action for payment of money where a time to pay application may be applied for?
05
When does the period of notice commence when service is effected by Recorded Delivery?
Day after posting
You hold a commission for Lothian and Borders only and receive instructions to serve an initial writ warranted at Aberdeen on a defender, who has moved to Edinburgh. Can you carry this out?
Yes
Can a party lodge a reponing note in respect of an action to which they previously entered an appearance?
No
Within how many days following service must a motion and it’s certificate of intimation be lodged with the Sheriff Clerk?
5 days
How many days following service does a party have to lodge notice of opposition to a motion?
7 days
A third party notice requires to be served within how many days following the interlocutor allowing service being granted?
14 days
What form is served on a party whose solicitor has withdrawn from acting on their behalf?
G10
What is the form for a warrant of citation in a family action?
F14
What is the form of certificate of citation in a family action?
F16
What form of citation is used in a simplified divorce action where there has been no cohabitation for 2 years?
F35
What is the minimum period of notice for an incidental application?
2 days/ 48 hours
What is the minimum period of notice that must be given to the other party in respect of a minute for recall of decree?
7 days
Which of the following is not a prescribed mode of service?
Personally
Affixing
Leaving in the hands of a resident
Affixing
What is the summary cause equivalent of a reponing note?
Minute for recall
What is the form for confirmation of formal service in a simple procedure case?
6C
What is the wording that must appear on the envelope when serving an ordinary cause writ by depositing
THIS ENVELOPE CONTAINS A CITATION TO OR INTIMATION FROM
What form is served with an ordinary cause minute where a hearing has been fixed?
G7C
Can an action for recovery of a vehicle be raised under Simple Procedure?
Yes, only where there is an alternative crave for a sum <£5000
What is the usual time period between the last date for service and the last date for response on a simple procedure timetable?
3 weeks
What is the wording that must appear on the envelope when service a simple procedure claim form by recorded delivery?
THIS ENVELOPE CONTAINS A CLAIM FORM FROM (SHERIFF COURT). IF DELIVERY CANNOT BE MADE THE LETTER MUST BE RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT (COURT ADDRESS)
What is the response form which must be served along with a summary cause summons in a personal injuries case?
10a
