How do I raise an action?
How do I defend an action?
How do I apply for a divorce?
How do I apply for dissolution of a civil partnership?
How do I obtain an extract of my divorce decree?
How do I obtain an extract of my decree of dissolution of civil partnership?
How do I find a JP?
How do i obtain confirmation to the estate of someone who has died
Are there limits on the expenses which may be claimed for jury service?
How can I find out what happened in a recent case?
How can I get a solicitor or legal advice?
How do I enforce in Scotland a money judgement of a court in England or Wales?
How do I get an order of a court in England, Wales or Northern Ireland served in Scotland?
How do I get a Scottish court document served overseas?
How do I get a copy of a will or a confirmation recorded in a Scottish Court?
How can I obtain a copy of a recent court order?
How can I obtain a copy of an older court order?
You will find an electronic version of our guidance booklets and forms on raising an action in the sheriff court where the value of the claim is up to and including £3000 at http://www.scotcourts.gov.uk/sheriff/small_claims/index.asp. Further information, and copies of the guidance and forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page.
You will find an electronic version of our guidance booklets and forms on raising an action in the sheriff court where the value of the claim is over £3000 and up to and including £5000 at http://www.scotcourts.gov.uk/sheriff/summary_cause/guidance_notes.asp. Further information, and copies of the guidance and forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page.
Where the value of the claim exceeds £5,000 an action may be raised in the sheriff court under the Ordinary Cause procedure. Scottish Court Service staff are not permitted to provide legal advice to members of the public, but a copy of the Ordinary Cause Rules can be found at http://www.scotcourts.gov.uk/library/rules/ordinarycause/index.asp.
Information about raising actions in the Court of Session can be found at http://www.scotcourts.gov.uk/raisingactions/index.asp.
You will find an electronic version of our guidance booklets and forms on defending an action in the sheriff court where the value of the claim is up to and including £3000 at http://www.scotcourts.gov.uk/sheriff/small_claims/index.asp. Further information, and copies of the guidance and forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page.
You will find an electronic version of our guidance booklets and forms on defending an action in the sheriff court where the value of the claim is over £3000 and up to and including £5000 at http://www.scotcourts.gov.uk/sheriff/summary_cause/guidance_notes.asp. Further information, and copies of the guidance and forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page.
Where the value of the claim exceeds £5,000, Scottish Court Service staff are not permitted to provide legal advice to members of the public, but a copy of the Sheriff Court Ordinary Cause Rules can be found at http://www.scotcourts.gov.uk/library/rules/ordinarycause/index.asp, and information about Court of Session actions can be found at http://www.scotcourts.gov.uk/raisingactions/index.asp
You will find an electronic version of our guidance booklet at http://www.scotcourts.gov.uk/library/civil/docs/DIYbookletV4A4.doc and the forms at http://www.scotcourts.gov.uk/library/civil/divorce/forms_after_Feb2007.asp Further information, and copies of the forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page.
How do I apply for dissolution of a civil partnership?You will find an electronic version of our guidance booklet at http://www.scotcourts.gov.uk/library/civil/docs/DIYbookletV4A4.doc and the forms at http://www.scotcourts.gov.uk/library/civil/divorce/forms_after_Feb2007.asp Further information, and copies of the forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page .
How do I obtain an extract of my divorce decree or decree of dissolution of civil partnership?Contact either the court in which your decree was granted - contact details can be found on the Court Locations page, or at the following address::
The National Archives of Scotland,
H.M. Register House
2 Princes Street
Edinburgh
EH1 3YY
E-mail: enquiries@nas.gov.uk
How do I find a JP?
You can obtain details of JPs in your area from your Local Authority. You can obtain contact details in your local telephone directory, or at http://www.direct.gov.uk/en/Dl1/Directories/DevolvedAdministrations/DG_4003604
How do i obtain Confirmation to the estate of someone who has died?Small Estates
Guidance notes and forms in relation to raising a small estate, i.e. an estate which has a value up to and including £30,000, can be found at the following link:
Large Estates
The Scottish Court Service is prohibited from assisting applicants for confirmation to large estates, i.e. exceeding £30,000. However, you will find the forms and guidance on the following HM Revenue & Customs website http://www.hmrc.gov.uk/cto/forms8.htm. You may also find it helpful to refer to our guidance on small estates at:
Further information can be obtained from your local court - contact details can be found on the Courts Location Page
Are there limits on the expenses which may be claimed for jury service?Yes, the amount payable is fixed by Scottish Ministers. If you have a query regarding the amount of expenses paid or due to you, contact the court to which you were citied as a juror - contact details can be found on the Court Locations page.
How can I find out what happened in a recent case?Contact the court where the case was heard - contact details can be found on the Court Locations page.
How can I get a solicitor or legal advice?If you do not already have a solicitor, you should contact:
The Law Society of Scotland
26 Drumsheugh Gardens
Edinburgh
EH3 7YR
Tel: 0131 226 7411
or by email at: lawscot@lawscot.org.uk. The Law Society's website address is www.lawscot.org.uk
You can also obtain legal advice on civil court matters from an in-court advisor, currently available at the sheriff courts at Aberdeen, Airdrie, Dundee, Edinburgh, Hamilton and Kilmarnock - contact details can be found on the Court Locations page.
If you want to enquire about your eligibility for legal aid, contact:
The Scottish Legal Aid Board (SLAB)
44 Drumsheugh Gardens
Edinburgh
EH3 7SW
Tel: 0131 226 7061
or by email at: general@slab.org.uk. SLAB's website address is www.slab.org.uk.
Please note that neither the Scottish Courts Service nor the Scottish Government are able to provide legal advice to members of the public.
If you have been awarded judgment for a sum of money in the High Court or a county court in England and Wales, and you wish to enforce the judgment in Scotland, you should take the following 3 steps.
STEP 1
Obtain a Certificate of Money Provisions by filing written evidence stating:
- the name and address of the creditor and, if known, of the debtor,
- the sums payable and unsatisfied under the money provisions of the judgment,
- where interest is recoverable on the judgment, either the amount of interest which has accrued up to the date of the application, or the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;
- that the judgment is not stayed;
- the date on which the time for appealing expired or will expire; whether an appeal notice has been filed; the status of any application for permission to appeal; and whether an appeal is pending.
This application must be made to:
- a Master or district judge, if judgment was given in the Chancery Division or the Queen's Bench Division of the High Court;
- a district judge of the Family Division if judgment given in the Family Division of the High Court;
- a district judge, if it is a county court judgment.
Note: The main legal provisions are in the Civil Jurisdiction and Judgments Act 1982, Section 18 and Schedule 6. The procedure is governed by Rule 74.17 of the Civil Procedure Rules for England and Wales, which can be found at http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part74.htm#ruleIDA1ZAXC. You can get further details about this procedure from the Central Office of the Royal Courts of Justice, or any District Registry of the High Court for High Court procedures, or from any county court for county court procedures. Contact details can be found at http://www.hmcourts-service.gov.uk/
STEP 2
You should register the Certificate of Money Provisions in the Register of Judgments of the Books of Council and Session within 6 months of the date of issue of the certificate. To do this you should send a covering letter and a fee to The Keeper, Registers of Scotland, Books of Council and Session, Meadowbank House, 153 London Road, Edinburgh EH8 7AU (Tel 0131 659 6111 Ext 3630). The current fee can be found at http://www.ros.gov.uk/fees/index.html or by phoning their Customer Service Centre on 0845 607 0161, or e-mailing customer.services@ros.gov.uk. No other documents need be sent. The Keeper of the Registers will send you an extract of the registered certificate and a warrant for execution (the authority to enforce the judgment).
STEP 3
When you have received the extract and warrant, you can instruct a Sheriff Officer to attempt to recover the debt. The Sheriff Officer must hold a commission to act in the area of the defendant's home address or business premises. You can obtain addresses of local Sheriff Officers from the Yellow Pages or from The Society of Messengers-At-Arms and Sheriff Officers website at http://www.smaso.org/index.html, or by contacting the Society of Messengers-At-Arms and Sheriff Officers 11 Alva Street, Edinburgh EH2 4PH (Tel: 0131 225 9110, Fax: 0131 220 3468, e-mail admin@smaso.ednet.co.uk)
You can instruct a Sheriff Officer to serve an order. The Sheriff Officer must hold a commission to act in the area of the defendant's home address or business premises. You can obtain addresses of local Sheriff Officers from the Yellow Pages or from The Society of Messengers-At-Arms and Sheriff Officers website at http://www.smaso.org/index.html, or by contacting the Society of Messengers-At-Arms and Sheriff Officers, 11 Alva Street, Edinburgh EH2 4PH (Tel: 0131 225 9110, Fax: 0131 220 3468, e-mail admin@smaso.ednet.co.uk)
How do I get a Scottish court document served overseas? For information on serving a Scottish court document in an EU member state, contact:EU and International Law Branch,
Civil Law Division,
Scottish Government Constitution, Law and Courts Directorate
Second Floor West,
St Andrew’s House,
Regent Road,
Edinburgh EH1 3DG
Tel: 0131 244 4824
Fax: 0131 244 8325
For information on serving a Scottish court document in other countries, contact:
Foreign and Commonwealth Office
Website: www.fco.gov.uk
Tel: 020 7008 1500
| If the will or confirmation was recorded: | Contact: |
| 1st January 1998 or later | Your local sheriff court - contact details can be found on the Court Locations page |
| Prior to 1st January 1998 | The National Archives of Scotland, H M General Register House, 2 Princes Street, Edinburgh, EH1 3YY E-mail: enquiries@nas.gov.uk Website: http://www.nas.gov.uk |
How can I obtain a copy of a recent court order?
Contact the court which made the order - contact details can be found on the Court Locations page.
How do I get a copy of an older court record?Contact the court where the case was heard, for information relating to:
- civil cases which are less than 25 years old,
- summary criminal cases which are less than 10 years old,
- solemn criminal cases which are less than 25 years old,
Contact details can be found on the Court Locations page.
Contact
The National Archives
H.M. Register House
2 Princes Street
Edinburgh
EH1 3YY
E-mail: enquiries@nas.gov.uk
Website: http://www.nas.gov.uk
for information relating to:
- wills and confirmations recorded prior to 1st January 1998,
- civil cases which are 25 years old or more,
- solemn criminal cases which are 25 years old or more.