This Practice Note is concerned with the preparation of written Pleadings in civil actions in Scotland.

In Scotland, as in other jurisdictions, a party wishing to present or defend a civil claim must first put that claim or defence in writing. These written statements of the claim or defence are the written pleadings. They are sometimes referred to as ‘writs’.

There is no universal form of written pleadings in all courts in Scotland. For historical reasons, the various writs used have slightly different names and forms depending on the court in which the action is brought or the remedy being sought. The most common examples are:

1. •

   summons in the Court of Session—RCS, Ch 13

2. •

   defences in the Court of Session—RCS, Ch 18

3. •

   petitions in the Court of Session—RCS, Ch 14

4. •

   initial writ under the Ordinary Cause Rules in the sheriff court—OCR, Rule 3.1

5. •

   defences in the sheriff court—OCR, Rule 9.6

6. •

   initial writs under the Summary Application rules in the sheriff court—SAR, Ch 2.4

7. •

   counterclaims—RCS, Ch 25; OCR, Ch 19

8. •

   pleadings