#SIMPLE TIMELANE ONLINE HOW TO#

Please note that staff in the Scottish Courts and Tribunals Service cannot give you legal advice, although they can help you to understand court procedures.

For further information contact your local sheriff court. In most cases, the court which will hear the claim will be the one within whose area the person the claim is to be made against ( the respondent) lives or has a place of business. You will need to decide in which of the 39 sheriff courts in Scotland your claim should be brought.

#SIMPLE TIMELANE ONLINE HOW TO#

Part 3 of the simple procedure explains how to make a claim and what the court will do with your claim. This should be completed using Civil Online.įor information on using Civil Online, refer to the frequently asked questions. If you have exhausted all your options and wish to make a claim, you will need to complete a claim form.

Can you afford to pay the cost of having any decision made in your favour enforced if it is not complied with as the court cannot do this for you?.Can you afford the time to prepare your case for the court hearing if the claim is defended?.Are you raising the claim against the correct person/company?.Is the person likely to be able to pay?.

Other things you might wish to consider before making a claim are: ĪDR is also something that the sheriff or summary sheriff may refer you to after you have sent your claim form to the court as a way of settling the dispute out of court. Further information on ADR can be found on the mygov.scot website. This could mean writing to the person or company you have the dispute with and trying to agree a settlement.Īnother option that may help you settle the dispute, before you decide to raise a claim, is Alternative Dispute Resolution (ADR). What do I need to do before making a claim?īefore raising a claim form it is important that you have tried to settle the dispute. Where the value of the claim is over £5,000 the ordinary cause procedure should be followed.Īn overview of simple procedure is provided in Part 1 of the Simple Procedure Rules. Summary cause procedure would have to be used instead.

has an additional claim for payment of a sum of money of £5000 or less.

does not have an alternative claim for payment of a sum of money.

Simple procedure cannot be used for a claim for delivery or recovery of possession of moveable property, or a claim for an order to make someone do something specific which:

for an order to make someone do something specific, but only where there is an alternative claim for payment of a sum of money of £5000 or less.

for delivery or for recovery of possession of moveable property, but only where there is an alternative claim for payment of a sum of money of £5000 or less or.

for payment of a sum of money where the value of the claim is £5000 or less.

If you feel you cannot submit your claim electronically, you must seek the approval of the Sheriff for the claim to proceed in paper format – click here for more information. Simple Procedure claims should be submitted using Civil Online. You do not need to use a solicitor to use the simple procedure, but you can do if you wish. The final decision in a claim is made by a sheriff or a summary sheriff. The party against whom the claim is made is known as a respondent. A claim is made in the sheriff court by a claimant. Simple procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes. New rules apply to claims initiated on or after. Guidance on this page should be read in conjunction with the appropriate Simple Procedure Rules depending on the date your claim was initiated.

Dealing With a Deceased's Estate Guidance Notes.

Simplified Divorce and Dissolution of Civil Partnership Guidance Notes.

AC Messenger-at Arms and Sheriff Officers.

Criminal Courts Practice Notes and Directions.

Procedures and practices which apply to courts.

Only judgments of significant points of law or public interest.

Divorce and Dissolution of Civil Partnership.

Dealing With a Deceased’s Estate in Scotland.

Information on how some court processes work and action you may want to take.

Information for those due to attend or visit court.

Preliminary Hearings and Dates of Inquiry.

Courts, tribunals and Justice organisations in Scotland.

Simple timelane online