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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I have just received a summary cause summons. I am submitting

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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)?
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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