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Form G1 - Form of initial writ

Form G1 -  Form of initial writ

Form G1 is the form of intial writ to commence ordinary cause actions.

Form of initial writ
3.1. (1) A cause shall be commenced-

(a) in the case of an ordinary cause, by initial writ in Form G1; or
(b) in the case of a commercial action within the meaning of Chapter 40, by
initial writ in Form G1A.

(2) The initial writ shall be written, typed or printed on A4 size paper of durable quality and shall not be backed or folded.

(3) Where the pursuer has reason to believe that an agrreement exists prorogating jurisdiction over the subject-matter of the cause to another court, the initial writ shall contain details of that agreement.

(4) Where the pursuer has reason to believe that proceedings are pending before another court involving the same cause of action and between the same parties as those named in the instance of the initial writ, the initial writ shall contain details of those proceedings.

(5) An article of condescendence shall be included in the initial writ averring

(a) the ground of jurisdiction; and
(b) the facts upon which the ground of jurisdiction is based.

(6) Where the residence, registered office or place of business, as the case may be, of the defender is not known and cannot reasonably be ascertained, the pursuer shall set out in the instance that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his
present whereabouts.

(Chapter 3, Ordinary Cause Rules)


Form G1

Rule 3.1(1)(a) INITIAL WRIT

SHERIFFDOM OF (insert name of sheriffdom)

AT (insert place of sheriff court)

[A.B.] (design and state any special capacity in which the pursuer is suing). Pursuer.

Against

[C.D.] (design and state any special capacity in which the defender is being sued). Defender.

The Pursuer craves the court (here state the specific decree, warrant or order sought).

CONDESCENDENCE
(State in numbered paragraphs the facts which form the ground of
action)

PLEAS-IN-LAW
(State in numbered sentences)

Signed
[A.B.], Pursuer.
or [X.Y.], Solicitor for the pursuer (state designation and business address)

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