Ordinary Cause rules | Scottish Courts (2024)

Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993

Schedule 1

Arrangement of Ordinary Cause Rules

Initiation and progress of causes

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Initiation and progress of causes

Chapter 1

Citation, Interpretation, Representation and Forms (1)
Chapter 1

Citation, Interpretation, Representation and Forms (2)
Actions commenced on or after 25 September 2023
Chapter 1A

Lay representation
Chapter 2

Relief from compliance with rules
Chapter 3

Commencement of causes (1)
For arrestments on the dependence made prior to 1 April 2008
Chapter 3

Commencement of causes (2)
Actions lodged before 30 September 2010
Chapter 3

Commencement of causes (3)
Actions lodged on or after 30 September 2010 and before 22 September 2015
Chapter 3

Commencement of causes (4)
Actions lodged on or after 22 September 2015
Chapter 3A

Personal Injury Pre-Action Protocol
This chapter does not apply to an action where the accident, or other circ*mstance giving rise to the liability to which the action relates, occurred before 28th November 2016.
Chapter 4A

Mode of attendance at hearing
Applies to procedural hearings fixed on or after 3 July 2023
Chapter 5

Citation, service and intimation (1)
Actions lodged before 30 September 2010
Chapter 5

Citation, service and intimation (2)
Actions lodged on or after 30 September 2010 and before 4 April 2011
Chapter 5

Citation, service and intimation (3)
Actions lodged on or after 4 April 2011
Chapter 6

Arrestment (1)
For arrestments on the dependence made prior to 1 April 2008
Chapter 6

Interim Diligence (2)
Chapter 7

Undefended Causes
Chapter 8

Reponing
Chapter 9

Standard Procedure in Defended Causes (1)
Actions lodged before 3 June 2013
Chapter 9

Standard Procedure in Defended Causes (2)
Actions lodged on or after 3 June 2013
Chapter 9

Standard Procedure in Defended Causes (3)
Actions commenced on or after 25 September 2023
Chapter 9A

Documents and Witnesses
Chapter 10

Additional Procedure (1)
Actions lodged before 3 June 2013
Chapter 10

Additional Procedure (2)
Actions lodged on or after 3 June 2013
Chapter 10

Additional Procedure (3)
Actions commenced on or after 25 September 2023
Chapter 11

The Process
Chapter 12

Interlocutors (1)
Actions lodged before 1 August 2012
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Chapter 12

Interlocutors (2)
Actions lodged on or after 1 August 2012
Chapter 13

Party Minuter Procedure
Chapter 13A

Interventions by the Commission for Equality and Human Rights
Chapter 13B

Interventions by the Scottish Commission for Human Rights
Chapter 14

Applications by Minute (1)
Actions lodged before 3 June 2013
Chapter 14

Applications by Minute (2)
Actions lodged before 3 June 2013
Chapter 14

Applications by Minute (3)
Actions commenced on or after 25 September 2023
Chapter 15

Motions
Chapter 15A

Motions intimated and lodged by email
Chapter 16

Decrees by Default
Chapter 17

Summary decrees (1)
Actions lodged before 1 August 2012
Chapter 17

Summary decrees (2)
Actions lodged on or after 1 August 2012
Chapter 18

Amendment of pleadings
Chapter 19

Counterclaims
Chapter 20

Third party procedure
Chapter 21

Documents founded on or adopted in pleadings
Chapter 22

Preliminary Pleas (1)
Chapter 22

Preliminary Pleas (2)
Actions commenced on or after 25 September 2023
Chapter 23

Abandonment
Chapter 24

Withdrawal of solicitors
Chapter 25

Minutes of sist and transference
Chapter 26

Transfer and Remit of causes (1)
Actions lodged before 22 September 2015
Chapter 26

Transfer and Remit of causes (2)
Actions lodged on or after 22 September 2015
Chapter 27

Caution and Security
Chapter 27A

Pursuer's offers
Chapter 28

Recovery of evidence (1)
Actions lodged before 4 April 2011
Chapter 28

Recovery of evidence (2)
Actions lodged on or after 4 April 2011
Chapter 28A

Pre-Proof Hearing (1)
Actions lodged before 3 June 2013
Chapter 28A

Pre-Proof Hearing (2)
Actions lodged on or after 3 June 2013
Chapter 28A

Pre-Proof Hearing (3)
Actions commenced on or after 25 September 2023
Chapter 29

Proof
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Chapter 30

Decrees, Extracts and Execution
Chapter 31

Appeals
Chapter 31A

Qualified One-Way Costs Shifting
Actions lodged on or after 30 June 2021
Chapter 32

Taxation of expenses
Chapter 32A

Live links
Revoked wef 3 July 2023 subject to the saving provisions of Rule 4(2) of SSI 2023/168

Special provisions in relation to particular causes

Chapter 33

Family actions (1)
Actions lodged before 1 January 2011
Chapter 33

Family actions (2)
Actions lodged on or after 1 January 2011 and before 4 April 2011
Chapter 33

Family actions (3)
Actions lodged on or after 4 April 2011 and before 28 November 2011
Chapter 33

Family actions (4)
Actions lodged on or after 28 November 2011 and before 1 August 2012
Chapter 33

Family actions (5)
Actions lodged on or after 1 August 2012 and before 24 June 2013
Chapter 33

Family actions (6)
Actions lodged on or after 24 June 2013 and before 24 June 2019
Chapter 33

Family actions (7)
Actions and minutes to vary lodged on or after 24 June 2019
Chapter 33

Family actions (8)
Actions commenced on or after 25 September 2023
Chapter 33A

Civil Partnership actions (1)
Actions lodged before 1 January 2011
Chapter 33A

Civil Partnership actions (2)
Actions lodged on or after 1 January 2011 and before 6 April 2011
Chapter 33A

Civil Partnership actions (3)
Actions lodged on or after 6 April 2011 and before 28 November 2011
Chapter 33A

Civil Partnership actions (4)
Actions lodged on or after 28 November 2011 and before 1 August 2012
Chapter 33A

Civil Partnership Actions (5)
Actions lodged on or after 1 August 2012 and before 24 June 2013
Chapter 33A

Civil Partnership actions (6)
Actions lodged on or after 24 June 2013 and before 24 June 2019
Chapter 33A

Civil Partnership actions (7)
Actions and minutes to vary lodged on or after 24 June 2019
Chapter 33A

Civil Partnership actions (8)
Actions and minutes to vary commenced on or after 25 September 2023
Chapter 33AA

Expeditious resolution of certain causes (1)
Actions lodged on or after 3 June 2013
Chapter 33AA

Expeditious resolution of certain causes (2)
Actions lodged on or after 3 June 2013 and before 25 September 2023
Chapter 33B

Financial provision for former cohabitants
Actions lodged before 1 August 2012
Chapter 33C

Referrals to Principal Reporter
Actions lodged on or after 24 June 2013
Chapter 34

Actions relating to heritable property (1)
Actions relating for causes commenced prior to 1 April 2008
Chapter 34

Actions relating to heritable property (2)
Actions lodged on or after 1 April 2008 and before 30 September 2010
Chapter 34

Actions relating to heritable property (3)
Actions lodged on or after 30 September 2010
Chapter 35

Actions of multiplepoinding
Chapter 36

Actions of damages (1)
Including personal injury actions lodged on or after 02 November 2009 and before 29 July 2010
Chapter 36

Actions of damages (2)
Actions lodged on or after 29 July 2010 and before 28 November 2011
Chapter 36

Actions of damages (3)
Actions lodged on or after 28 November 2011 and before 22 September 2015
Chapter 36

Actions of damages (4)
Actions lodged on or after 22 September 2015
Chapter 36A

Case management of certain personal injury actions
Chapter 36B

Jury trials
Chapter 37

Causes under the Presumption of Death (Scotland) Act 1977
Chapter 38

European Court
Chapter 39

Provisions in relation to curators ad litem
Chapter 40

Commercial actions (1)
Actions lodged before 1 August 2012
Chapter 40

Commercial actions (2)
Actions lodged on or after 1 August 2012
Chapter 41

Protection from Abuse (Scotland) Act 2001
Chapter 41A

Domestic Abuse (Scotland) Act 2011
Chapter 42

Competition appeal tribunal
Chapter 42A

Applications in Competition Proceedings
Actions lodged on or after 26 May 2017
Chapter 43

Causes relating to Articles 101 and 102 of the treaty on the functioning of the European union
Chapter 44

Equality Enactments (1)
Actions lodged before 1 October 2010
Chapter 44

The Equality Act 2010 (2)
Actions lodged on or after 1 October 2010
Chapter 45

Vulnerable Witness (Scotland) Act 2004
Chapter 46

Companies Act 2006
Chapter 47

Actions of division and sale and orders for division and/or sale of property (for actions lodged on or after 28 November 2011)
Chapter 48

Reporting restrictions
From 1st April 2015
Chapter 49

Admiralty actions
Chapter 50

Lodging audio or audio-visual recordings of children
Chapter 51

Land Registration etc.
Chapter 52

Mutual Recognition of Protection Measures in civil matters
Repealed by SSI 2022/329 with effect from 1 December 2022
Chapter 53

Proving the Tenor
Chapter 54

Reduction

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Ordinary Cause rules | Scottish Courts (2024)

FAQs

What is an ordinary cause? ›

Ordinary Cause is a more formal legal action. There are no claim forms and the rules are much more complicated. If you don't follow the rules, you might lose your case and also have to pay high legal costs.

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What is a Rule 22 note ordinary cause? ›

A Rule 22 note is a note that sets out why the party who has sent it takes a preliminary point against the other party. A preliminary point is a legal issue that needs to be resolved before the substance of the case is determined.

See Details ›

What is a rule 18.3 hearing? ›

18.3. ( 1) A party seeking to amend shall lodge a minute of amendment in process setting out his proposed amendment and, at the same time, lodge a motion- (a) to allow the minute of amendment to be received; and.

Keep Reading ›

What is the jurisdiction of the Ayr sheriff court? ›

About the court

Ayr Sheriff Court and Justice of the Peace Court is within the Sheriffdom of South Strathclyde Dumfries & Galloway serving a population of approximately 120,000 people within the districts of South Ayrshire and wards 21 to 30 of East Ayrshire.

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When must the options hearing in an ordinary action take place? ›

In a sheriff court ordinary action, the options hearing is the main procedural hearing. It is governed by rule 9.12 of the Ordinary Cause Rules 1993. It takes place after the adjustment period has closed.

What is not known and not admitted? ›

They next list any of the opponent's assertions which are “not known and not admitted”. That is the same as saying that the opponent will have to lead evidence to prove such assertions. They will intend to test the evidence by cross examination but will not be able to lead any positive evidence to disprove the point.

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What is a Rule 22 note in practical law? ›

In Court of Session actions, parties wishing to rely on a preliminary plea will generally require to lodge a note of argument. Also known as a rule 22 note.

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What is rule 22? ›

In 1917, with frustration mounting and at the urging of President Woodrow Wilson, senators adopted a rule (Senate Rule 22) that allowed the Senate to invoke cloture and limit debate with a two-thirds majority vote.

What is a Rule 104 hearing in Texas? ›

The court must conduct any hearing on a preliminary question so that the jury cannot hear it if: (1) the hearing involves the admissibility of a confession in a criminal case; (2) a defendant in a criminal case is a witness and so requests; or (3) justice so requires.

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What is Rule 18 in federal court? ›

Joinder of Claims and Remedies. (a) Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, or third-party claim, may join, either as independent or as alternate claims, as many claims as the party has against an opposing party.

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Where is the sheriff appeal court? ›

About the court

The Sheriff Appeal Court (SAC) was established in 2015 as part of Lord Gill's Scottish Civil Courts Reforms to deal with summary (less serious) criminal appeals. It normally sits in the courthouse at the Lawnmarket, Edinburgh.

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How much does a sheriff make in Scotland? ›

The salary for a sheriff is £143,095 a year and £154,527 for sheriff principals. The salary for a summary sheriff is £114,793 a year.

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How do you address a judge in Scotland? ›

In relation to the judiciary, this title (often shortened to Hon) is given to judges who sit in the Supreme Courts in Scotland. Such a judge is referred to as The Honourable Lord/Lady followed by their surname, for example, The Honourable Lord Smith.

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What is a proof before answer Scotland? ›

Proof before answer Where evidence is heard on the facts before questions of law are determined, there may be a "proof before answer".

What happens when a writ is served in Scotland? ›

When you were sent a copy of the initial writ, you will also have been sent information on how to defend the action and a form to complete. The content of the form will depend on the type of action that has been raised against you. As the ordinary cause procedure can be complex, we would recommend seeking legal advice.

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What is a civil case in Scotland? ›

Policy actions:

Civil disputes cover important and urgent issues like debt, divorce and access to children. So we need a system where people can sort out their problems quickly and fairly.

What is an initial writ divorce in Scotland? ›

The action starts with a document called an 'Initial Writ'. This document makes a request to the Court for a Divorce and details the parties' names, addresses, date/place of marriage, date of separation and the care arrangements for the children of the marriage.

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