SCHEDULES

F1First Schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Initiation and progress of causes

CHAPTER 5CITATION, SERVICE AND INTIMATION

5 Form of citation and certificate

1

Subject to rule 5.6 (service where address of person is not known), in any cause other than—

a

a family action within the meaning of rule 33.1(1),

F8aa

a civil partnership action within the meaning of rule 33A.1(1);

b

an action of multiplepoinding, F4. . .

c

an action in which a time to pay direction under the Debtors (Scotland) Act 1987 F9or a time order under the Consumer Credit Act 1974 may be applied for by the defender, F5or

F6d

an action to which rule 3.2(3) applies,

F2citation of any person shall be in Form O4 which shall be attached to a copy of the F3initial writ and warrant of citation and shall have appended to it a notice of intention to defend in Form O7.

2

In a cause in which a time to pay direction under the Debtors (Scotland) Act 1987 F10or a time order under the Consumer Credit Act 1974 may be applied for by the defender, citation shall be in Form O5 which shall be attached to a copy of the initial writ and warrant of citation and shall have appended to it a notice of intention to defend in Form O7.

F72A

In an action to which rule 3.2(3) applies, citation shall be in Form O5A which shall be attached to a copy of the initial writ and warrant of citation and shall have appended to it a notice of intention to defend in Form O7.

3

The certificate of citation in any cause other than a family action within the meaning of rule 33.1(1) or an action of multiplepoinding shall be in Form O6 which shall be attached to the initial writ.

4

Where citation is by a sheriff officer, one witness shall be sufficient for the execution of citation.

5

Where citation is by a sheriff officer, the certificate of citation shall be signed by the sheriff officer and the witness and shall state—

a

the method of citation; and

b

where the method of citation was other than personal or postal citation, the full name and designation of any person to whom the citation was delivered.

6

Where citation is executed under paragraph 3 of rule 5.4 (depositing or affixing by sheriff officer), the certificate shall include a statement—

a

of the method of service previously attempted;

b

of the circumstances which prevented such service being executed; and

c

that a copy was sent in accordance with the provisions of paragraph (4) of that rule.