SCHEDULES

F1First ScheduleS ORDINARY CAUSE RULES 1993

Initiation and progress of causesS

CHAPTER 3SCOMMENCEMENT OF CAUSES

Form of initial writS

3.1.[F2(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 [F3agreement] exists prorogating jurisdiction over the subject-matter of the cause to another court, the [F4initial] 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 [F4initial] writ shall contain details of those proceedings.

(5)An article of condescendence shall be included in the [F4initial] 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.

(7)The initial writ shall be signed by the pursuer or his solicitor (if any) and the name and address of that solicitor shall be stated on the back of every service copy of that writ.