SCHEDULE 1
Paragraph 2
SCHEDULE 1
FIRST SCHEDULE
Rule 1.4
ORDINARY CAUSE RULES 1993
Initiation and progress of causes
CHAPTER 1
CITATION, INTERPRETATION, REPRESENTATION AND FORMS
Citation
(1.1) These Rules may be cited as the Ordinary Cause Rules 1993.
Interpretation
(1.2)(1) In these Rules, unless the context otherwise requires—
“document” has the meaning assigned to it in section 9 of the Civil Evidence (Scotland) Act 198813;
“period of notice” means the period determined under rule 3.6 (period of notice after citation).
(2) For the purposes of these Rules—
(a) “affidavit” includes an affirmation and a statutory or other declaration; and
(b) an affidavit shall be sworn or affirmed before a notary public or any other competent authority.
(3) Where a provision in these Rules requires a party to intimate or send a document to another party, it shall be sufficient compliance with that provision if the document is intimated or sent to the solicitor acting in the cause for that party.
(4) Unless the context otherwise requires, anything done or required to be done under a provision in these Rules by a party may be done by the agent for that party acting on his behalf.
(5) Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form, is a reference to the Chapter, Part, rule or form in Appendix 1, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of that paragraph or that head of that sub-paragraph, in which the reference occurs.
Representation
(1.3)(1) Subject to paragraph (2), a party to any proceedings arising solely under the provisions of the Debtors (Scotland) Act 198714shall be entitled to be represented by a person other than a solicitor or an advocate provided that the sheriff is satisfied that such person is a suitable representative and is duly authorised to represent that party.
(2) Paragraph (1) shall not apply to an appeal to the sheriff principal.
Forms
(1.4) Where there is a reference to the use of a form in these Rules, that form in Appendix 1 or Appendix 2, as the case may be, to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.
CHAPTER 2
RELIEF FROM COMPLIANCE WITH RULES
Relief from failure to comply with rules
(2.1)(1) The sheriff may relieve a party from the consequences of failure to comply with a provision in these Rules which is shown to be due to mistake, oversight or other excusable cause, on such conditions as he thinks fit.
(2) Where the sheriff relieves a party from the consequences of a failure to comply with a provision in these Rules under paragraph (1), he may make such order as he thinks fit to enable the cause to proceed as if the failure to comply with the provision had not occurred.
CHAPTER 3
COMMENCEMENT OF CAUSES
Form of initial writ
(3.1)(1) An ordinary cause shall be commenced by initial writ in Form G1.
(2) The initial writ shall be written, typed or printed on A4 size paper of durable quality and shall not be backed or folded.
(3) Where the pursuer has reason to believe that an argreement exists prorogating jurisdiction over the subject-matter of the cause to another court, the intitial writ shall contain details of that agreement.
(4) Where the pursuer has reason to believe that proceedings are pending before another court involving the same cause of action and between the same parties as those named in the instance of the initial writ, the intial writ shall contain details of those proceedings.
(5) An article of condescendence shall be included in the intitial writ averring—
(a) the ground of jurisdiction; and
(b) the facts upon which the ground of jurisdiction is based.
(6) Where the residence, registered office or place of business, as the case may be, of the defender is not known and cannot reasonably be ascertained, the pursuer shall set out in the instance that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his present whereabouts.
(7) The initial writ shall be signed by the pursuer or his solicitor (if any) and the name and address of that solicitor shall be stated on the back of every service copy of that writ.
Actions relating to heritable property
(3.2)(1) In an action relating to heritable property, it shall not be necessary to call as a defender any person by reason only of any interest he may have as the holder of a heritable security over the heritable property.
(2) Intimation of such an action shall be made to the holder of the heritable security referred to in paragraph (1)—
(a) where the action relates to any heritable right or title; and
(b) in any other case, where the sheriff so orders.
Warrants of citation
(3.3)(1) The warrant of citation in any cause other than—
(a) a family action within the meaning of rule 33.1(1),
(b) an action of multiplepoinding,
(c) an action in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for by the defender,
shall be in Form 01.
(2) In a cause in which a time to pay direction under the Debtors (Scotland) Act 1987 may be applied for the defender, the warrant of citation shall be in Form 02.
(3) In a cause in which a warrant of citation in accordance with Form 02 is appropriate, there shall be served on the defender (with the initial writ and warrant) a notice in Form 03.
Warrants for arrestment to found jurisdiction
(3.4)(1) Where an application for a warrant for arrestment to found jurisdiction may be made, it shall be made in the crave of the intitial...
