Summary Cause

Question 1

What act covers the Summary Cause rules?

Answer 1

Act of Sederunt (Summary Cause Rules) 2002

Question 2

What types of action can be raised under Summary Cause?

Answer 2

Actions for delivery (where there is an additional claim for payment of <£5000)

Actions for recovery of heritable property

Personal injury actions <£5000

Question 3

What are the parties referred to as during summary cause actions?

Answer 3

Pursuer
Defender

Question 4

What are the two important dates in summary cause proceedings and how many days are between them?

Answer 4

Return date- last date def can return a response

Calling date- case is set to call in court

14 days

Question 5

How many days notice must be given to a defender residing within Europe during summary cause proceedings?

Answer 5

21 days

Question 6

How many days notice must be given to a defender residing outwith Europe during summary cause proceedings?

Answer 6

42 days

Question 7

In summary cause what summons form is served on a defender who is an individual with TTP

Answer 7

1A

Question 8

In summary cause what summons form is served on a defender who is a company

Answer 8

1B

Question 9

In summary cause what summons form is served on a defender where the action has no monetary claim

Answer 9

1C

Question 10

In summary cause what summons form is served on a defender where the action is one of multipoinding?

Answer 10

1D

Question 11

In summary cause what summons form is served on a defender in a personal injuries action with TTP?

Answer 11

1E

Question 12

In summary cause what summons form is served on a defender in a personal injuries action without TTP?

Answer 12

1F

Question 13

What is the form of citation/service in summary cause actions?

Answer 13

11

Question 14

What is the form for the certificate of service in summary cause cases?

Answer 14

12

Question 15

What is the wording that must appear on an envelope containing a summary cause summons sent by RD?

Answer 15

THIS LETTER CONTAINS A CITATION TO OR INTIMATION FROM THE SHERIFF COURT AT (SPECIFY) IF DELIVERY CANNOT BE MADE THE LETTER MUST BE RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT (INSERT FULL ADD)

Question 16

Where the address of a defender is not known what form is used to advertise a summary cause summons on the walls of court?

Answer 16

14

Question 17

What must a pursuer do if a defender has not responded by the return date in summary cause cases?

Answer 17

Lodge a minute in form 17 not later than 2 days before the calling date

No minute = no action

Question 18

What does it mean if an action is sisted?

Answer 18

It has been paused

Question 19

How can a party recall a sist?

Answer 19

Lodge an incidental application, a hearing is then set and a copy of the inc app must be served on the other party with no less than 2 days notice

Question 20

What is the form for a 3rd party notice in summary cause proceedings?

Answer 20

22

Question 21

How does a defender apply for a 3rd party notice?

Answer 21

Incidental application

Question 22

When can a decree be extracted in summary cause cases?

Answer 22

14 days after the decree is granted unless shortened by the sheriff on application

Question 23

What is the summary cause equivalent of a reposing note?

Answer 23

Minute for recall

Question 24

What form is used in summary cause for a party to recall a decree

Answer 24

Minute in form 30

Question 25

How long does a party have to apply for a minute to recall?

Answer 25

Within 14 days of the decree date

Question 26

What is the minimum period of notice that must be given to the other party in respect of a minute for recall?

Answer 26

7 days

Question 27

Can further diligence take place when a party lodges a minute for recall?

Answer 27

No

Question 28

What is an action of multiplepoinding?

Answer 28

An action raised to determine who is entitled to the fund or property in question E.g. 2 arrestments for the same bank account

Question 29

What is an action of furthcoming?

Answer 29

An action to release funds following an arrestment in execution

Question 30

What is an action of count reckoning & payment?

Answer 30

An action to determine if funds have been tampered with E.g. executor of an estate

Question 31

In what instance are actions relating to heritable property raised under the summary cause procedure?

Answer 31

When persons have no right to occupy premesis/land

Question 32

In heritable property cases under summary cause procedure what are defenders designated as?

Answer 32

The occupier

Question 33

What are occupiers served in heritable property cases under the summary cause procedure?

Answer 33

Summons and citation in Form 11

Question 34

How are forms served on occupiers in heritable property summary cause proceedings when pursuers are seeking to recover land only?

Answer 34

Stakes are inserted into the ground in conspicuous parts in sealed transparent envelopes ( affixed to doors/ deposited where possible in traveler instances )