Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
3.5.(1)A copy of—
(a)an initial writ with warrant to cite which includes a warrant to arrest on the dependence,
(b)defences which include, or a minute of amendment which includes, a counterclaim with warrant granted to arrest on the dependence endorsed on that writ,
certified as a true copy by the pursuer or defender, as the case may be, or his solicitor, shall be sufficient warrant to arrest on the dependence if it is otherwise competent to do so.
(2)A precept of arrestment may be issued by the sheriff F2. . . on production to him of—
(a)an initial writ containing a crave for payment of money on which a warrant of citation has been issued;
(b)defences which include, or a minute of amendment which includes, a counterclaim containing a crave for payment of money; or
(c)a document of liquid debt.
[F3(3)Averments to justify the granting of a warrant to arrest on the dependence, or a precept of arrestment, shall be included in the condescendence of an initial writ or the statement of claim in a counterclaim.]
Textual Amendments
F2Word in Sch. 1 rule 3.5(2) omitted (21.5.2004) by virtue of Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 (S.S.I. 2004/197), art. 2(2)(a)