How an action is raised
Before an action can be raised, the claimant must try to resolve the dispute by negotiation or by using alternative dispute resolution (ADR). For example, the claimant might write to the person or company that they have a dispute with. Going to court should always be a last resort.
How an action is raised is covered in Part 3 of the Simple Procedure Rules.
Simple procedure is initiated by the submission of a claim form (Form 3A), which provides the court with details on the following.
•The parties. In any simple procedure action, the claimant and the respondents are the only parties. The person who makes the claim is called the ‘claimant’. The person the claim is made against is called the ‘respondent’.
•Circumstances of the dispute. The claimant outlines in Parts D1–4 of the claim form all information they want to be considered in their dispute.
•What the claimant is seeking. The claimant outlines in Part D5 of the claim form what they are seeking from the respondent.
•Why the claimant should succeed. The claimant outlines in Part D7 of the claim form what they are seeking from the respondent.
Simple procedure claims should be submitted using Civil Oline at scotcourts.gov.uk/taking-action/civil-online-gateway. If it cannot be submitted electronically, the claimant must contact the local sheriff court to seek the approval of the sheriff for the claim to proceed in paper format.
After the form has been registered, the court issues a timetable of actions to be taken. These actions include the deadlines to serve the claim form to the respondent and for the respondent to reply to the court.