Sheriff Courts (Scotland) Act 1907

Form of citation and certificateS

5.2.(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),

[F1(aa)a civil partnership action within the meaning of rule 33A.1(1);]

(b)an action of multiplepoinding, F2. . .

(c)an action in which a time to pay direction under the Debtors (Scotland) Act 1987 [F3or a time order under the Consumer Credit Act 1974] may be applied for by the defender, [F4or]

[F5(d)an action to which rule 3.2(3) applies,]

[F6citation of] any person shall be in Form O4 which shall be attached to a copy of the [F7initial] 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 [F8or 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.

[F9(2A)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.

Textual Amendments

F1Sch. 1 rule 5.2(1)(aa) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(4)}

F2Word in rule 5.2(1)(b) omitted (17.1.2002) by virtue of Act of Sederunt (Amendment of Ordinary Cause Rules and Summary Applications, Statutory Applications and Appeals etc. Rules) (Applications under the Mortgage Rights (Scotland) Act 2001) 2002 (S.S.I. 2002/7), {para. 2(4)(a)}

F4Word in rule 5.2(1)(c) inserted (17.1.2002) by Act of Sederunt (Amendment of Ordinary Cause Rules and Summary Applications, Statutory Applications and Appeals etc. Rules) (Applications under the Mortgage Rights (Scotland) Act 2001) 2002 (S.S.I. 2002/7), {para. 2(4)(b)}

F5Rule 5.2(1)(d) inserted (17.1.2002) by Act of Sederunt (Amendment of Ordinary Cause Rules and Summary Applications, Statutory Applications and Appeals etc. Rules) (Applications under the Mortgage Rights (Scotland) Act 2001) 2002 (S.S.I. 2002/7), {para. 2(4)(c)}

F6Words in rule 5.2(1) substituted (1.11.1996) by S.I. 1996/2445, para. 3(5)(a)

F7Word in rule 5.2(1) substituted (1.11.1996) by S.I. 1996/2445, para. 3(5)(b)

F9Rule 5.2(2A) inserted (17.1.2002) by Act of Sederunt (Amendment of Ordinary Cause Rules and Summary Applications, Statutory Applications and Appeals etc. Rules) (Applications under the Mortgage Rights (Scotland) Act 2001) 2002 (S.S.I. 2002/7), {para. 2(4)(d)}