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Simple Procedure Rules for claims initiated before 31 May 2023

Act of Sederunt (Simple Procedure) 2016

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For claims initiated prior to 31 May 2023 only.

For rules applying to claims initiated on or after 31 May 2023 see here.

Schedule 1

  • Part 1
    An overview of simple procedure

    The simple procedure is a court process designed to provide a speedy, inexpensive and informal court way to resolve disputes.

  • Part 2
    Representation and support

    This Part is about who may represent a party, and what that representative may and may not do. This Part is also about who may provide support to a party in the courtroom, and what that courtroom supporter may and may not do.

  • Part 3
    How to make a claim

    Applies to claims lodged on or before 30 November 2020. This Part is about how the claimant makes a claim and what the court will do with that claim.

  • Part 3
    How to make a claim (2)

    Applies to claims lodged on or after 1 December 2020. This Part is about how the claimant makes a claim and what the court will do with that claim.

  • Part 4
    How to respond to a claim

    This Part is about how the respondent responds to a claim and what the court will do with that response.

  • Part 5
    How to ask for time to pay

    This Part is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that.

  • Part 6
    Sending and formal service

    Applies to claims lodged on or before 30 November 2020. This Part is about what has to be done when these Rules require something to be sent to someone. This Part is also about what has to be done when these Rules require a document to be formally served on someone.

  • Part 6
    Sending and formal service

    Applies to claims lodged on or after 1 December 2020. This Part is about what has to be done when these Rules require something to be sent to someone. This Part is also about what has to be done when these Rules require a document to be formally served on someone.

  • Part 7
    What happens to a case

    This Part is about what happens after a Response Form has been received and what happens if no Response Form or Time to Pay Application is received.

  • Part 8
    Orders

    This Part is about the orders which the sheriff can give to manage or decide a case.

  • Part 9
    Applications

    This Part is about applications which parties may make to the court to ask for things to be done in a case.

  • Part 10
    Documents and other evidence

    This Part is about how parties should lodge documents and other evidence with the court before a hearing. This Part is also about how parties can apply for orders to recover documents from other people.

  • Part 11
    Witnesses

    This Part is about the citation of witnesses and their attendance at hearings. This Part is also about measures that the court can take to assist vulnerable witnesses in giving evidence.

  • Part 12
    The hearing

    This Part is about the hearing at which the dispute between the parties should be resolved.

  • Part 13
    The decision

    This Part is about the decisions which the sheriff can make to resolve a dispute. This Part is also about the circumstances in which a party can apply to have a decision recalled.

  • Part 14
    Expenses

    This Part is about the expenses of a claim which the sheriff can order a party to pay for.

  • Part 15
    How to enforce a decision

    This Part is about the steps which a successful party must take to enforce a decision

  • Part 16
    How to appeal a decision

    This Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal.

  • Part 17
    Miscellaneous matters

    This Part is about some miscellaneous matters which can arise during a case.

  • Part 18
    Formal service in Scotland

    This Part is about how to formally serve a document on someone living in Scotland.

  • Part 19
    Formal service outside Scotland

    19.1 This Part is about how to formally serve a document on someone outside Scotland.

  • Part 20
    Provisional orders

    This Part is about provisional orders which protect or secure the claimant’s position before the sheriff makes a final decision in a case.

  • Part 21
    Glossary

    This Part contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain legal words and expressions used in these rules.