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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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I have just received a summary cause summons. I am submitting

Resolved Question:

I have just received a summary cause summons. I am submitting a counterclaim. Instead of filling in the counterclaim form attached with the summons, can I submit what would be an Ordinary Cause counterclaim (answers to condesendence, craves, condesendence, please in law)?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
No you would not use pleas in law in a summary cause.
However you can prepare a separate document entitled Answers to Statement of Claim and Counterclaim and you can lay out your Answers and Counterclaim accordingly. If you want the case moved to the ordinary cause roll, for example of ground of complexity, value, seeking a legal debate etc you should lodge and intimate an Incidental Application to that effect.
I hope this helps. Please leave a positive response so that I am credited for my time.
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