DMBM680350 | Ordinary Cause: Application for warrant to cite by means of a notice displayed on the walls of the court

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Rule 5.6(b) of the Ordinary Cause Rules (OCR) 1993 advises that where a defender’s address is unknown the sheriff may grant a warrant to cite the defender by means of a notice displayed on the walls of the court.

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 do decide to proceed by such a citation, you must seek warrant from the sheriff to do so by entering the following crave (see DMBM680310) on the initial writ. “To grant warrant to cite the defender in terms of Rule 5.6(b).”

The sheriff has sole responsibility for granting such a warrant. If he is satisfied that your application is in order he will fix the period of notice to be given and issue a warrant of citation granting authority to cite the defender in this way.