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Ordinary Action Court

Ordinary actions play a crucial role in the intricate web of Scottish civil law, providing a methodical means of settling more complicated cases that fall outside the purview of streamlined processes. These procedures are essential to the Court of Session and Sheriff Courts, which handle the intricacies of civil law while guaranteeing justice via a thorough and methodical procedure.

Ordinary Actions: What Are They?

In Scotland, an Ordinary Action is essentially a civil court procedure that is too complicated or valuable to be categorised as a petty claim or summary cause. A thorough analysis of the evidence and legal arguments is required in these situations because they frequently entail complex legal issues, significant financial stakes, or both. Ordinary Actions give a framework for thoroughly examining these issues and a road to a resolution that emphasises justice and completeness.

Ordinary Cause Rules: The Procedure Revealed

Navigating an Ordinary Action involves several key stages, starting with the writ or summons—a document outlining the pursuer’s claims against the defender. This document sets the stage for the legal battle ahead, detailing the grievances and the remedies sought.

Following the initiation, the defender has an opportunity to respond, either by agreeing to the claims (in which case the court may issue a decree) or contesting them, leading to a more involved legal process. This process includes a debate or proof before a judge, where both sides present their arguments, evidence, and witness testimonies.

The culmination of an Ordinary Action is a judgment by the court, which may then be enforced or appealed, depending on the outcome and the wishes of the involved parties.

 

What is the subsequent step after the Initial Writ has been drafted?

The Pursuer is required to submit the Initial Writ to the appropriate magistrate court. The court will impose a registration fee to commence the legal process.  They will request an order from the court that authorises the Pursuer to serve the Initial Writ on the Defender.  The order will be issued by the court if it determines that the Initial Writ is satisfactory in its substance.  This decree is referred to as a “Warrant of Citation.” Subsequently, the court will return the documents to the Pursuer, allowing them to commence the legal process by supplying the defender with the documentation and the Warrant of Citation.

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Service is subject to specific regulations that require a thorough examination.  The Initial Writ must be accompanied by the fulfilment of numerous forms.  The Defender may receive the documents and initial Writ via recorded delivery post or by sheriff officers.  Alternatively, the parties may agree to have the document delivered to their solicitors for service upon the Defender if the solicitors of the Pursuer and Defender have previously corresponded.

In the Options Hearing, what alternatives are available?

A technical term is used to identify each of the available options.  Nevertheless, these proceedings are typically characterised by the court’s request for a comprehensive examination of the facts or the law, as detailed below:

  • A preliminary matter hearing that requires the presentation of both legal arguments and evidence: This is the meaning of the phrase “proof before answer.”
  • A “debate” is a hearing that mandates solely legal arguments and is conducted on a preliminary point (as previously mentioned).
  • A hearing on the merits of the case, during which neither party presents any preliminary arguments, during which the court is required to establish evidence: this is referred to as “proof,” or
  • In the event that the court determines that there are still unresolved issues before scheduling the substantive hearing, it may establish a procedural hearing date and, in the majority of cases, mandate that one or both parties address specific concerns before that date.

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