Initial writ (sheriff court) meaning

Main remedies in Scottish landlord and tenant disputes The principal remedies available in the context of landlord and tenant disputes in Scotland are: Interdict Specific implement Payment action Damages action Rescission Retention of rent Irritancy Hypothec Action for recovery of heritable property Interdict Interdict is a court remedy used to restrain an actual or threatened breach of contract by a party; for example, a landlord may seek it to stop a tenant using the premises for a purpose other than that for which it is let. It is the counterpart of the English remedy of injunction. An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If brought in the sheriff court, proceedings must be raised where the defender is domiciled or where the alleged wrong is occurring....

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 Summary Application rules in the sheriff court—SAR, Ch 2.4 counterclaims—RCS, Ch 25; OCR, Ch 19 pleadings in appeals—RCS, Chs 39–41;...

Civil justice reform Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date guidance on the rules and practice of the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. The Practice Note sets out the steps for advancing a civil claim in Scotland from the lodging of defences through to the fixing of a substantive hearing (whether a legal debate or a proof/proof before answer/jury trial). Scottish civil procedure features a range of distinct procedural regimes, shaped by the type of claim and the forum. Many of these regimes focus on case management. The Practice Note examines the particular procedural rules for the following common procedures in both the Court of Session and the sheriff court: ordinary actions personal injury actions commercial actions Procedure in the sheriff court is addressed more briefly, reflecting its parallels with the equivalent Court of Session process (especially under the newer...

IN THE SHERIFFDOM OF [ insert name of Sheriff Court ] INITIAL WRIT in causa [ insert name of pursuer ], resident at [ insert address of pursuer ] PURSUER versus (1) [ insert name of first defender ], resident at [ insert address of first defender ], (2) [ insert name of second defender ], resident at [ insert address of second defender ] and (3) [ insert name of third defender ], resident at [ insert address of third defender ] DEFENDERS __________________________ The Pursuer craves the Court: 1....