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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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The attached is from the Sheriff court. I am the Pursuer as

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HI, the attached is from the Sheriff court. I am the Pursuer as you may recall - I have returned theorist as instructed but I am unsure if I have any actions under the second item - lodging a report. What report should I be lodging?
Also, I have received the defendants defences - do I respond to them to the court now or just prepare my responses for the hearing?
Many thanks
***** *****

Thank you for your question. This letter is the court's initial timetable and as the Pursuer you are responsible for doing certain things. As you have received defences you will want to adjust your Initial Writ in order to answer the Defences and to admit or deny the avermenta contained in the defences. You can do this by adjusting the word copy of your Initial Writ. You should bold type any additions and score through any deletions so that the other side is clear what you have adjusted. You also have to observe the various dates that the court has indicated. After the period for adjustment expires it is for you to lodge a record of the whole pleadings and, if appropriate a note of basis of preliminary plea. An ordinary action like this is rarely dealt with successfully by a party litigant. If you are not going to instruct a solicitor make sure you are well acquainted with the Ordinary Cause Rules which you can get on the Scottish courts website. You may also want to read McPhails Sheriff Court practice or some other textbook on sheriff court procedure. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 12 months ago.
34;lodge a record of the whole pleadings and, if appropriate a note of basis of preliminary plea. " - how do I do this?
"a note of basis of preliminary plea. " - is this not just the plea in the initial writ if it is still relevant?
"An ordinary action like this is rarely dealt with successfully by a party litigant." - I am not sure what this means - does it means cases like ours are rarely successful? We can't afford a solicitor!
I understand the adjustment to initial writ details - will respond in the manner suggested - do I just send back to the court or do I send one copy to court and one to the defenders?
Thanks
Michael

A record of pleadings is an amalgamation of the Initial Writ and the Defences both as adjusted. The way to do this is contained in the court rules. A note of basis of preliminary plea is a separate note of any legal points that either party wants to take on the other's written pleadings. It is a note giving the basis of why a particular plea is founded upon. Adjustments are intimated between the parties only and intimated to the court by way of the Record which is lodged proper to the Optioms hearing. My point about cases being rarely successful is that almost invariably party litigants don't know what they are doing procedurally and the court throws out their case as a result. In my view you need to see a solicitor. You can apply four legal aid if appropriate.

Customer: replied 12 months ago.
OK many thanks. I understand the process now.