DMBM681810 - Ordinary Cause: Preparing draft record
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When defences are received you will need to prepare a draft record. You will do this by amending the copy initial writ that you hold for the case.
The heading of the copy initial writ will need to be amended from 鈥淚nitial Writ鈥� to 鈥淒raft Record鈥�.
Note: On no account whatsoever should any amendments be made to the Craves.
The heading of 鈥淐ondescendences鈥� will need to be amended from 鈥淐ONDESCENDENCES鈥� to 鈥淐ONDESCENDENCES FOR THE PURSUER AND ANSWERS THERETO FOR DEFENDER鈥�.
The Condescendence numbers then need to be changed from 鈥�1,2,3 etc鈥� to 鈥淐ond 1, Cond 2, Cond 3 etc鈥� and below each condescendence you will need to insert the defenders answers written as 鈥淎NS1, ANS2, ANS3 etc鈥�.
Then any adjustment that you make should be typed in either bold or italics. This is to allow the defender or his agent to pick out the adjustments you have made. (Note however that when the actual record is sent to court the italics or bold print must be removed and normal print type used.)
There are styles for adjustments contained within the Book of Styles disc supplied to you by Debt Management Edinburgh Group Office and you should pick out the part of the style that is relevant to the case, trying to avoid using any repetition.
The Plea-in-Law heading should be changed from 鈥淧LEAS-IN-LAW鈥� to 鈥淧LEAS-IN-LAW FOR THE PURSUER鈥�. Then after the last Plea-in-Law detailed on the draft initial writ you should add a final plea-in-law to the effect that the defender鈥檚 answers are irrelevant. There is a style for this too contained within the Book of Styles disc supplied to you by Debt Management Edinburgh Group Office.
The Pleas-in-Law for the defender should then be added at the end of the document. These should be copied directly from the defences and should include any spelling mistakes that have been made. Either the defender or defender鈥檚 agent鈥檚 details should then be inserted.
Retain a copy of the draft record for use in preparing the record for the options hearing.
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