Service in Scottish civil litigation
Produced in partnership with Kirsty Slee, Solicitor Advocate
Service in Scottish civil litigation

The following Dispute Resolution practice note produced in partnership with Kirsty Slee, Solicitor Advocate provides comprehensive and up to date legal information covering:

  • Service in Scottish civil litigation
  • Court of Session
  • Service on an individual—Court of Session
  • Deemed service—Court of Session
  • Service on non-natural persons—Court of Session
  • Service on parties where address is unknown—Court of Session
  • Service furth of the UK—Court of Session
  • Evidence of service—Court of Session
  • Failures in service—Court of Session
  • Challenging service—Court of Session
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering service of documents in a foreign jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Service of documents.

This Practice Note provides an overview of serving documents in Scottish civil court proceedings.

‘Service’ is used in this note to refer to the means by which court documents are provided to another party in litigation. It focuses primarily on the initiation of an action, although the processes will usually apply equally to the intimation of a document once the court procedure is under way.

For guidance on:

  1. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

  2. other key areas of Scottish law and procedure, see our Scotland toolkit

  3. the position in England and Wales, see: Service in England and Wales—overview and Service outside England and Wales—overview which, as well as giving an overview of this area, link through to more detailed guidance on various aspects of serving court documents

Key:

  1. RCS—Rules of the Court of Session 1994

  2. OCR—Sheriff Court Ordinary Cause Rules 1993

Court of Session

Service of documents in Court of Session procedure is regulated

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