To find in favour of and exonerate the defender.
An order of the court granted in favour of and exonerating the defender which means that the pursuer is not allowed to bring the same matter to court again.
A person making an appeal against the sheriff's decision. This might be the pursuer or the defender.
A court order to freeze the goods or bank account of the defender until the court has heard the case.
A court order used against a person who has goods or other assets in Scotland, to give the court jurisdiction to hear a claim. This is achieved by preventing anything being done with the goods or assets until the case has been disposed of.
A person other than a lawyer who represents a party to a small claim.
Another word for case or claim, used for cases under the summary cause procedure.
A security, usually a sum of money, given to ensure that some obligation will be carried out.
The document recording that an order or decree of the court for service of documents has been effected.
An order to obey a decree of a court. A common type is one served on the defender by a sheriff officer, on behalf of the pursuer who has won a case, demanding payment of a sum of money.
The bringing of a person into a case by serving on him or her the necessary court documents. It can also mean the notice on the copy of the summons served on the defender signed by the person serving it.
Authorisation by the court for someone to take the evidence of a witness who cannot attend court, or to obtain the production of documentary evidence. It is combined with a diligence authorising the person appointed to require the attendance of the witness and the disclosure of documents.
The deposit in court, or with a third party, of money or an article in dispute.
An order made by the sheriff postponing the completion of a hearing until a later date or dates.
A claim made by a defender in response to the pursuer's claim and which is not a defence to that claim. It is a separate but related claim against the pursuer which is dealt with at the same time as the pursuer's claim.
The part of the summons which sets out the legal remedy (result) which the pursuer is seeking.
Money compensation payable for a breach of contract or some other legal duty.
An order of the court containing the decision on the claim in favour of one of the parties and granting the remedy sought, or disposing of the claim.
Person against whom a claim is made.
A decision or order of a court.
A case is said to be depending when it is going through a court procedure. Technically, this begins with citation of the defender and ends with any final appeal.
Date for a court hearing.
The collective term for the procedures used to enforce a decree of a court. These include arrestment of wages, goods or a bank account.
An order bringing to an end the proceedings in a claim. It is usually possible for a new claim to be brought if not time barred.
The place where a person is normally resident or where, in the case of a company, it has its place of business or registered office.
See Certificate of execution of service.
The intimation of the requirement to obey a decree or order of a court.
The carrying out of an order of arrestment.
The technical term for the costs of a court case.
An agreement between the parties to a case to settle it themselves rather than to await a decision by the sheriff.
The document containing the order of the court which is made at the end of the claim. For example, it can be used to enforce payment of a sum awarded.
A person who holds documents which are required as evidence in a case.
An official in France, and some other European countries, who serves court documents.
An application that can be made during the course of a small claim for certain orders. Examples are applications for the recovery of documents or to amend the statement of claim.
The official record of the order or judgement of a court.
The technical term for giving notice to another party of some step in the small claim.
The authority of a court to hear particular cases.
Officers of court who serve documents issued by the Court of Session.
A document produced during a case in which a party makes an application or sets out his or her position on some matter.
A form lodged with the court by one party asking the court to recall a decree.
A preliminary stage in an ordinary cause action.
Another legal procedure for higher value claims available in the sheriff court.
A person who conducts his or her own case.
Documents or articles which are used in evidence.
The person making a claim.
A court order withdrawing an arrestment.
An order releasing part of the money or property arrested.
An order revoking a decree which has been granted.
The process of obtaining documentary evidence which is not in the possession of the person seeking it (such as hospital records necessary to establish the extent of injuries received in a road accident).
A decision of the sheriff to transfer the claim to another court procedure (such as summary cause or ordinary cause procedure).
When a decision of the sheriff is appealed against, the person making the appeal is called the appellant. The other side in the appeal is called the respondent.
The date by which the defender must send a written reply to the court and, where appropriate, the pursuer must return the summons to court.
The list of items which may be arrested.
Sending a copy of the summons or other court document to the defender or another party.
The court official responsible for the administration of the sheriff court.
A person who serves court documents and enforces court orders.
The temporary suspension of a court case by court order.
To add another person as a litigant in a case.
An appeal procedure where the sheriff sets out his findings and the reasons for his decision and states the issues on which the decision of the sheriff principal is requested.
The part of the summons in which pursuers set out details of their claims against defenders.
Another legal procedure available in the sheriff court. It is used for certain types of claim usually having a higher value than small claims, though less than those dealt with as ordinary causes.
The form which must be filled in to begin a small claim.
A court order for which a defender who is an individual may apply, permitting a sum owed to be paid by instalments or by a single payment at a later date.
Authority to carry out one of the diligence procedures
A legally significant document or piece of writing.