Debt Advice Handbook Scotland 1st ed - with new materialChapter 7: Money claims in the sheriff court2. Simple procedure Changes to the Simple Procedure Rules and forms
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Changes to the Simple Procedure Rules and forms
From 31 May 2023, there are changes to how a simple procedure claim is treated.1Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 No.211
 
1     Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 No.211 »
Rule changes
The rules have been amended to:
    •clarify the circumstances in which the sheriff clerk may formally serve the claim form; and
    •clarify the sheriff’s powers designed to ensure the effective management of cases; and
    •make new provisions which facilitate a claim form or response form being served electronically by email service; and
    •clarify the procedures for the issue of a decision form/alternative decision form, the recall of a decision and for hearings on expenses; and
    •improve procedures for lodging documents and other evidence with the court before a hearing.
In addition, the application forms have been streamlined by consolidating several forms into a flexible ‘additional orders application’ which the parties can use to ask the sheriff to make orders. Part 9 of the rules is therefore deleted and substituted by a new Part 9 regulating the procedure for these applications.
Forms and standard orders
Forms and standard orders have been revised, and the content streamlined to take account of and to align with the overall procedural rule changes made throughout the instrument. In particular:
    •Form 3A (claim form) and Form 4A (response form) now include party details and orders sought in a summary front page, and all sections of the forms relating to contact preferences now incorporate options for online (ie, via Civil Online), by post and by email;
    •a new standard form (Form 9A – Additional Orders Application) replaces 13 forms1Omitted forms: Form 3B (further claimant form); Form 3C (further respondent form); Form 3E (change of timetable application); Form 9A (application to pause); Form 9B (application to restart); Form 9C (additional respondent application); Form 9D (application to amend); Form 9E (abandonment notice); Form 9F (application to represent); Form 9G (incidental orders application); Form 10B (recovery of documents application); Form 10C (application to open confidential document); Form 10D (special recovery of documents application) which are now omitted;
    •Form 13A (decision form) is revised and includes a section for noting the sheriff’s reasons (where they have taken time to consider the decision);
    •standard orders 1, 2 and 7–10 are revised to make reference to the new additional orders application and amended court procedures;
    •a new standard order 3, simplifies the process of making a decision without a hearing;
    •standard order 6 is revised to warn the recipient about the potential outcomes of non-compliance with an ‘unless order’;
    •a new standard order 14 is provided for use in cases with additional respondents.
In addition, forms have been reformatted to improve accessibility.
 
1     Omitted forms: Form 3B (further claimant form); Form 3C (further respondent form); Form 3E (change of timetable application); Form 9A (application to pause); Form 9B (application to restart); Form 9C (additional respondent application); Form 9D (application to amend); Form 9E (abandonment notice); Form 9F (application to represent); Form 9G (incidental orders application); Form 10B (recovery of documents application); Form 10C (application to open confidential document); Form 10D (special recovery of documents application) »
2     scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court-civil-procedure-rules/simple-procedure-rules-for-claims-initiated-on-or-after-31-may-2023/ »