ADJUSTMENTS OPEN RECORD CLOSED RECORD Ordinary Cause Actions

‘ADJUSTMENTS’, ‘OPEN RECORD’ & ‘CLOSED RECORD’ Ordinary Cause Actions A. Heron

The Adjustment Period… • You can adjust the pleading up to 14 days before the hearing. • Any adjustments shall be exchanged between parties and not lodged in process. • Parties shall be responsible for maintaining a record of adjustments made during the period for adjustment. • No adjustments shall be permitted after the 14 day period mentioned above except with leave of the sheriff.

‘Record’ (‘Open Record’ or ‘Options Record’)… • The pursuer gathers in all the pleadings (what are these? ) to create a ‘Record’ (example to be given out) and lodges a certified copy of the record in the sheriff court. • The reason for this is that sheriff can see the pleadings before the options hearing. He reads the record and may or may not decide to use his case management powers to insure there is no unreasonable delay.

Lodging the ‘Open Record’… Not later than 2 days before the Options Hearing, the pursuer shall lodge a certified copy of the record in process(? ). ‘Certified Copy’ (words stated at foot of document – ‘I certify that this is a true copy of the record’). ‘Process’ is the term given to the Sheriff Court’s official folder including all courts papers and pleadings related to the case. The process can be ‘viewed’ by the parties, at the court-house, but cannot be removed/borrowed.

Extended periods… Where the Options Hearing is continued under rule 9. 12(5), and further adjustment or amendment is made to the pleadings, a copy of the pleadings as adjusted or amended, certified by the pursuer, shall be lodged in process not later than 2 days before the Options Hearing so continued.

Closed Record… Essentially, the record is considered as being ‘closed’ on the expiry of an adjustment period. However, in practice, the record is usually ‘closed’ by the Sheriff at the point at which he fixes a ‘Proof’ ‘Proof before Answer’ or ‘Debate’. Once the Sheriff has ordered for the record to be ‘closed’, the pursuer must lodge a ‘Closed Record’ (document again outlining the parties amended and adjusted pleadings) with the sheriff clerk.

Closed Record… • Within four weeks after the date on which the record closed] the pursuer must make up a closed record, and send not less that six copies of it to the defender and to every other party, and lodge three copies of it in process. Failure to do so entitles the defender or any other party to apply by motion for decree of dismissal. As in the case of open records, that sanction is seldom applied. The more usual course is for the party in default to apply for and be given leave to lodge the closed records late. • The closed record comprises the pleadings of the parties, together with copies of the interlocutors(? ) pronounced in the action as at the date of making up the closed record.