Summary Cause Forms

Form 18 - Minute - pursuer not objecting to time to pay direction/time order

If the defender has applied for either a time to pay direction or a time order, you should fill in this form if you ACCEPT the offer made.

Form 19 - Form of minute - pursuer opposing an application for a time to pay (1)

If the defender has applied for either a time to pay direction or a time order, you should fill in this form if you DO NOT ACCEPT the offer made.

Application lodged before 1 December 2009

Form 19 - Minute - pursuer opposing time to pay direction/time order (2)

If the defender has applied for either a time to pay direction or a time order, you should fill in this form if you DO NOT ACCEPT the offer made.

Application lodged on or after 1 December 2009

Form 20 - Form of oath for witnesses

This is the wording of the oath sworn by a witness before giving evidence.

Form 21 - Form of affirmation for witnesses

This is the wording of the affirmation made by a witness before giving evidence.

Form 22 - Form of third party notice

If you believe that you have a right of relief in respect of the claim against some other person or organisation (a claim against a third party) you can apply to the court to have that party added to the action. You can apply for this by completing this form.

Form 23 - Form of response to third party notice

If a third party notice has been served on you, this is the form of response that you should fill in if you wish to respond to the claim made against you.

Form 23A - Form of minute of intervention by the Commission for Equality and Human Rights

This form is to be filled in by the Commission for Equality and Human Rights if the Commission wishes to intervene in a case.

Form 23B - Form of minute of intervention by the Scottish Commission for Human Rights

This form is to be filled in by the Scottish Commission for Human Rights if it wishes to intervene in a case.

Form 23C - Invitation to the Scottish Commission for Human Rights to intervene

This form is to be filled in by the sheriff clerk( depute) if the court decides to invite the Scottish Commission for Human Rights to intervene in a case.

Form 24 - Order and certificate in optional procedure for recovery of documents

This form is to be filled in by either the solicitor in the process of obtaining documentary evidence which is in someone else’s possession.

Form 25 - Minute in an application for letter of request

This is the form of wording you should use if you are applying to the court to request a foreign court to take evidence from a specified person within its jurisdiction or to serve Scottish court documents on that person.

Form 25a - Form of letter of request

This is the form filled in by the sheriff clerk(depute) requesting a foreign court to take evidence from a specified person within its jurisdiction or to serve Scottish court documents on that person.

Form 25b - Form of minute in application for taking evidence in the European Community

Form 26 - Form of witness citation

This form is to be filled in by the solicitor or sheriff officer serving the witness citation.

Form 26a - Form of certificate of witness citation

This form is to be filled in by the solicitor or sheriff officer serving the witness citation.

Form 26b - Form of child witness notice

You should fill in this application if you plan to call a witness who is a child (i.e. under 16). Special procedures will apply.

Form 26c - Form of vulnerable witnesses application

You should fill in this application if you plan to call a witness who is vulnerable (i.e. has a mental disorder, or is experiencing fear or distress in connection with giving evidence in this case). Special procedures will apply.

Form 26d - Form of certificate of intimation

This form is to be filled in by the solicitor or sheriff officer serving intimation of a child witness notice or a vulnerable witness notice.

Form 26e Form of application for review

You should fill in this application if you would like the court to review arrangements that have already been made for a child witness or a vulnerable witness.

Form 26F - Form of certificate of intimation

This form is to be filled in by the solicitor or sheriff officer serving intimation of a child witness notice or a vulnerable witness notice

Form 27 Form of reference to the European Court

This form is to be filled in by the sheriff clerk (depute)where a reference has been made to the European Court.

Form 28 - Form of extract decree – basic

This is a basic style of the document that is issued at the end of the case, containing the order made by the court.

Form 28a - Form of extract decree -– payment

This is the form of court order issued at the end of the case for payment of a sum of money in favour of one of the parties.

Form 28b - Form of extract decree - recovery of possession of heritable property

This is the form of court order issued at the end of the case for recovery of possession of heritable property.

Form 28ba - Form of extract decree – recovery of possession of heritable property in accordance with section 16(5A) of the Housing (Scotland) Act 2001

This is the form of court order issued at the end of the case for recovery of possession of heritable property under section 16(5A) of the Housing (Scotland) Act 2001 (non-payment of rent)

Form 28c - Form of extract decree and warrant to sell in sequestration for rent and sale

Any cause commenced prior to 1 April 2008

Form 28d - Form of extract - warrant for ejection and to re-let in sequestration for rent and sale

Any cause commenced prior to 1 April 2008

Form 28e - Form of extract decree – furthcoming

This is the form of court order issued at the end of the case for furthcoming.

Form 28f - Form of extract decree – delivery

This is the form of court order issued at the end of the case for delivery of moveable property.

Form 28g - Form of extract decree - delivery - payment failing delivery

This is the form of court order issued at the end of the case for delivery of moveable property and, failing delivery, for payment of a sum of money

Form 28h - Form of extract decree – aliment

This is the form of court order issued at the end of the case for payment of aliment.

Form 28i - Form of extract - ad factum praestandum

This is the form of court order issued at the end of the case for payment of a sum of money where the person has failed to carry out a task or perform a duty.

Form 28j - Form of extract decree- absolvitor

This is the form of court order issued at the end of the case meaning that the defender is exonerated the defender (as a result, the pursuer is not allowed to bring the same matter to court again)

Form 28k - Form of extract decree – dismissal

This is the form of court order issued at the end of the case bringing to an end the proceedings in the claim ( although it may be possible for a new claim to be brought if not time barred)

Form 29 - Certificate by sheriff clerk Service of charge where address of defender is unknown

This certificate is to be completed by the sheriff clerk (depute) where a charge (order to obey a decree of court) is displayed on the walls of court (where the address of the defender is unknown.

Form 30 - Minute for recall of decree (1)

You should fill in this form if you want the court to recall a decree that has been granted.

Actions raised prior to 4th April 2011 but not determined prior 4 April 2011

Form 30 - Minute for recall of decree (2)

You should fill in this form if you want the court to recall a specific court order

Actions raised on or after 4th April 2011; and for actions raised and determined prior to April 4th April 2011

Form 30a - Minute for recall of decree - service copy (1)

You should fill in this form if you want the court to recall a decree that has been granted. This is the service copy of form 30.

Actions lodged prior to 4th April 2011 but not determined prior to 4 April 2011

Form 30a - Minute for recall of decree - service copy (2)

You should fill in this form if you want the court to recall a decree that has been granted. This is the service copy of form 30

Actions raised on or after 4th April 2011; and for actions raised and determined prior to April 4th April 2011

Form 31 - Form of note of appeal to the sheriff principal

You should fill in this form if you want to appeal to the sheriff principal against a final court decree/order

Form 32 - Application for leave to appeal against time to pay direction

This form is to be completed if you want to appeal against the court’s decision on a time to pay application. This form is for leave to appeal and you have to get this before you actually lodge the application for appeal.

Form 33 - Appeal against time to pay direction

You should fill in this form if you would like to appeal against the court’s decision on a time to pay direction.

Form 34 - Application for certificate of suitability for appeal to the Court of Session

You should fill in this form if you want to apply to the Sheriff Principal to certify that the case is suitable for appeal to the Court of Session.

Form 35 - Form of receipt for money paid to the sheriff clerk

This receipt is to be completed by the sheriff clerk (depute) in relation to money paid to them under Chapter 26 of the Summary Cause Rules.

Form 36 - Action for aliment - Form of notice of intimation to children and next of kin where address of defender is unknown

This is the form of notice of intimation to any children or next of kin where the address of the defender is not known in an action for aliment. It is to be completed by the solicitor or sheriff officer serving the notice.

Form 37 - Action for aliment - form of notice of intimation to children, next of kin and guardian where defender suffers from mental disorder

This is the form of notice of intimation to any children, next of kin or guardian where the defender suffers from mental disorder in an action for aliment. It is to be completed by the solicitor or sheriff officer serving the notice.

Certificate B - Response to an Order for recovery of documents

This certificate should be completed by the person that is served with a specification of documents.

Form - Incidental application

You should fill in this application if you would like the court to make an order during the course of your summary cause action.

Form A - Record of proceedings

This form is used by the sheriff clerk (depute).