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SO Training > Ordinary Cause > Flashcards

Ordinary Cause Flashcards

1
Q

What act covers the ordinary cause rules?

A

Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993

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2
Q

What types of action are raised under ordinary cause?

A

Actions > £5000
Family actions
Personal injury actions

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3
Q

What are parties referred to as in ordinary cause cases?

A

Pursuer
Defender

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4
Q

What is the form used for an initial writ in Ordinary Cause actions?

A

G1

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5
Q

What is the warrant of citation when a defender has TTP?

A

02

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6
Q

What is the warrant of citation when a defender doesn’t have TTP?

A

01

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7
Q

When is TTP not permitted?

A

Where an action exceeds £25,000

When it’s against a LTD company

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8
Q

What is the minimum period of notice that must be given if it is shortened by the sheriff?

A

2 days

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9
Q

What is the period of notice following the citation of an initial writ in ordinary cause cases?

A

Res or POB inside Europe - 21 days

Res or POB outside Europe - 42 days

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10
Q

What is the form of citation in an initial writ where the defender may apply for TTP?

A

05

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11
Q

What is the form of citation in an initial writ where the defender cannot apply for TTP?

A

04

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12
Q

What is the form for notice of intention to defend in initial writs?

A

07

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13
Q

What is the form for TTP applications/orders in initial writs?

A

03

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14
Q

What forms would you serve if you have an 01 warrant?

A

Citation 04
Warrant 01
NID 07

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15
Q

What forms would you serve if you have an 02 warrant?

A

Citation 05
Warrant 02
TTP app 03
NID 07

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16
Q

What is the wording that must appear on an envelope when serving an OC writ by depositing or RD?

A

THIS ENVELOPE CONTAINS A CITATION TO OR INTIMATION FROM (court name) IF DELIVERY CANNOT BE MADE AT THE ADDRESS SHOWN IT IS TO BE RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT (court address)

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17
Q

When serving an OC writ by depositing or leaving what wording must be on the envelope?

A

THIS ENVELOPE CONTAINS A CITATION TO OR INTIMATION FROM (name of court)

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18
Q

How can service of an OC writ be executed if defs whereabouts are not known?

A

Advertisement in a newspaper circulating in the area of the defenders last known address

Displaying on walls of court

19
Q

Can a party object to how service was executed if they made an appearance in action?

A

No

20
Q

What is a minute?

A

An action required by the rules.

Can only be made in OC actions or Summ Apps

E.g. minute to amend

21
Q

What form is served with an OC minute where no hearing has been fixed?

A

G7B

22
Q

What form is served with an OC minute where a hearing has been fixed?

A

G7C

23
Q

How many days following service does a party have to lodge opposition to a minute?

A

14 days

24
Q

What is the form for certificate of intimation of a motion/minute

A

G8

25
Q

How many days following service must a minute/motion and it’s certificate of service be returned to the court?

A

5 days

26
Q

What is a motion?

A

A request for the court to make an order during the course of an action but before the decree has been granted

27
Q

What is the form for a motion?

A

G6

28
Q

What is the form for an intimation of a motion?

A

G7

29
Q

What is the form for opposing a minute/motion?

A

G9

30
Q

How many days following service does a party have to lodge opposition to a motion?

A

7 days

31
Q

What form is served on a party whose solicitor has withdrawn from acting on their behalf?

A

G10

32
Q

How can a party apply for a 3rd party notice in oc cases?

A

Motion in form 010

33
Q

A 3rd party notice requires to be served within how many days following the interlocutor allowing service to be granted?

A

14 days

34
Q

What happens if a 3rd party notice isn’t successfully served within 2 weeks of the date on the interlocutor?

A

The interlocutor is invalid and further service can’t take place until a further order for service is granted

35
Q

What form is used for citing witnesses in OC cases?

A

G13

36
Q

What is the certificate of service for citing witnesses in OC cases?

A

G12

37
Q

How many days notice minimum must be given to witnesses in OC cases?

A

7 days

(No minimum in criminal procedure but usually 48 hours notice)

38
Q

How soon can a decree be extracted if it was granted in absence in ordinary cause cases?

A

14 days

39
Q

When can you enforce a decree?

A

Immediately after it is extracted unless the decree states otherwise

40
Q

What wording has to be on a decree for it to be enforced?

A

THIS EXTRACT IS WARRANT FOR ALL LAWFUL EXECUTION THEREON

41
Q

What is a decree Ad Factum Praestandum?

A

A decree ordering the performance of a specific act e.g. delivery of goods

42
Q

What is a decree of absolvitor?

A

A decree preventing the same action being raised against the defender again

43
Q

What is the ordinary cause equivalent of a minute for recall?

A

A reponing note

44
Q

Can you proceed with further diligence if a party has reponed in ordinary cause cases?

A

No

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