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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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What is the appropriate format to lodge a summary cause counterclaim?

Resolved Question:

What is the appropriate format to lodge a summary cause counterclaim? Do you also have to submit defences?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You submit defences and a counterclaim in accordance with the rules of court.
I will send you the relevant rule shortly.
I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 3 years ago.
Response to summons
8.1.​(1)​If the defender intends-
(a)​to challenge the jurisdiction of the court or the competency of the action;
(b)​to defend the action (whether as regards ***** ***** claimed or otherwise); or
(c)​state a counterclaim,
he must complete and lodge with the sheriff clerk on or before the return day the form of response contained in the defender's copy summons including a statement of his response which gives fair notice to the pursuer.
(2)​The sheriff clerk must upon receipt intimate to the pursuer a copy of any response lodged under paragraph (1).
The statement of your response can include a counterclaim and if the defence and counterclaim are lengthy or complex you can write this in a separate document as previously advised.
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