PRACTICE NOTES
This Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland.
In Scotland, as in other legal systems, a party seeking to advance or oppose a civil claim must first reduce that claim or defence to writing. Such written statements make up the pleadings, and are often referred to as ‘writs’. There is no single, standardised form of pleadings used in every Scottish court. For historical reasons, the titles and formats of writs vary according to the court seized and the remedy pursued. Typical examples are:
summons in the Court of Session—RCS, Ch 13
defences in the Court of Session—RCS, Ch 18
petitions in the Court of Session—RCS, Ch 14
initial writ under the Ordinary Cause Rules in the sheriff court—OCR, Rule 3.1
defences in the sheriff court—OCR, Rule 9.6
initial writs under the
Dispute Resolution