Serving an initial writ
There are specific rules about service, which must be looked at carefully. Chapter 5 of the Ordinary Cause Rules outlines the steps that should be taken by the pursuer to serve an ordinary cause writ. Various forms must be completed and accompany the initial writ. In a money claim action under ordinary cause, a Form 07 (Notice of Intention to Defend) and a Form 05 (Time to Pay Application) should be included with the initial writ.
1Part 5.2(2) Ordinary Cause Rules The forms and initial writ can be served on the defender by recorded delivery post or using sheriff officers.
Alternatively, if the pursuer and defender’s solicitors have been in contact previously, the parties might agree that it can be served on the defender by sending it to their solicitors. This is called ‘acceptance of service’ by the defender’s agent.
Postal service must be by first class recorded delivery. The envelope must contain a notice which states that it contains a citation from the relevant sheriff court, with a return address for the sheriff clerk’s office in the event that service is unsuccessful. If service is unsuccessful, the court return the papers to the solicitor for reservice; or sheriff officers can serve the writ by handing it to the defender personally or depositing it at their address. The original writ, warrant and productions should be sent to sheriff officers with the copies to be served. The sheriff officer returns the originals to the court, along with a Certificate of Citation (Form O6). This is the form used by the sheriff officer stating that they have served the citation documents on the defender and details the method used to do so.
Once it has been served, the client (defender) has 21 days to inform the court of their intention to defend the action. If they wish to defend the action, they must lodge a Notice of Intention to Defend (Form 07) (NID).