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HMRC internal manual

Debt Management and Banking Manual

Ordinary Cause: Preparing draft record

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 “Initial Writ” to “Draft Record”.

Note: On no account whatsoever should any amendments be made to the Craves.

The heading of “Condescendences” will need to be amended from “CONDESCENDENCES” to “CONDESCENDENCES FOR THE PURSUER AND ANSWERS THERETO FOR DEFENDER”.

The Condescendence numbers then need to be changed from “1,2,3 etc” to “Cond 1, Cond 2, Cond 3 etc” and below each condescendence you will need to insert the defenders answers written as “ANS1, ANS2, ANS3 etc”.

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 “PLEAS-IN-LAW” to “PLEAS-IN-LAW FOR THE PURSUER”. 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’s 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’s agent’s details should then be inserted.

Retain a copy of the draft record for use in preparing the record for the options hearing.