DMBM675320 | Summary proceedings (Sc): Application for warrant to cite by means of a newspaper advertisement

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Rule 5.5(1a) of the Summary Cause Rules 2002 advises that where a defender's address is unknown the sheriff may grant a warrant to cite the defender by means of an advertisement in a newspaper circulating in the area of the defenders last known address.

In most circumstances this means of citation is unlikely to be effective so it should only be used when every effort to trace the defender has failed. You should consider whether,if having obtained decree, you would be likely to follow this up with effective diligence.(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

If you decide to proceed by such a citation, you must seek warrant from the sheriff to do so. Do this by concluding the statement of claim with the wording Pursuer moves warrant to cite the defender. (insert the defender's name) in terms of Rule 5.5.

Sole responsibility for granting such a warrant lies with the sheriff. If he is satisfied that your application is in order he will fix the period of notice to be given and return the summons to you with his signed authority to cite the defender in this way.