Form 13.2 – B Principal forms of conclusion (1) Action for payment. For payment to the pursuer by the defender [jointly and severally, or severally, or otherwise as may be appropriate] of the sum of (amount in words and figures) with interest at the rate of per cent a year from (date) until payment. (2) Action of damages. For payment to the pursuer by the defender of the sum of (amount in words and figures) with interest at the rate of per cent a year from (date) until payment. (3) Action of reduction. For production and reduction of (specify deed to be set aside). (4) Action of declarator. For declarator (state declarator sought). (5) Action of count, reckoning and payment. For count and reckoning with the pursuer for the defender’s intromissions with (describe fund or estate) and for payment to the pursuer by the defender of the balance found due to him, or otherwise of the sum of (amount in words and figures). (6) Action of proving the tenor. For declarator that (describe the lost deed) was of the tenor following (set out the terms of the lost deed), and that the decree to be pronounced herein shall be equivalent to the original deed. (7) Action of multiplepoinding and exoneration. For distribution of (describe the fund in medio) among the claimants found entitled to it, and exoneration of (name of the holder of the fund). (8) Action of furthcoming. For payment to the pursuer by the arrestee of:(a) the sum of (amount in words and figures); or (b) whichever is the lesser of:(i) such sum as may be owing by the arrestee to (name of debtor) and has been arrested in his hands by the pursuer; and (ii) such sum as shall satisfy the pursuer in (specify principal sum due and interest, in terms of the decree constituting the debt or otherwise, and expenses of the action in which that decree was obtained). or For delivery to the pursuer or to such person as the court may appoint of the moveables belonging to or owing by the arrestee to (name of the common debtor) and arrested in his hands by the pursuer; and for warrant for the sale of such moveables under such conditions as may be directed; and for furthcoming and payment to the pursuer of the proceeds thereof, or at least of so much thereof as shall satisfy the pursuer in (i) the payment of the expenses of and incidental to the sale, and (ii) (specify principal sum due and interest, in terms of the decree constituting the
debt or otherwise, and expenses of the action in which that decree was obtained). (9) Admiralty action in rem. For declarator that the pursuer has a lien over the (name of ship) for the sum of in respect of (state the basis of the lien, as e.g. the collision – giving date); and for declarator that the lien of the pursuer to the extent of the sum (amount in words and figures) of with interest at per cent a year from (date) to (date) is preferable to the right of all others having or pretending to have rights in the said ship and for warrant to sell the (name of ship) on the lien being declared, and to apply the proceeds in satisfaction of the lien in or towards payment of the said sum of and interest. (10) Action of declarator of marriage. For declarator that the pursuer and defender were lawfully married to one another by (specify mode in which marriage was contracted, e.g., (a) interchange of consent de praesenti (time and place), (b) cohabitation by habit and repute (time and place) or (c) promise (time) subsequente copula at (time and place)). (11) Action of declarator of nullity of marriage. For declarator that a pretended marriage between the pursuer and defender at (place) and (date) is null by reason of (specify ground of nullity, e.g. (a) the pursuer’s or defender’s impotency, (b) the parties being within the forbidden degrees, (c) the defender being married to someone else, (d) nonage of one of the parties, or (e) insanity of one of the parties at the date of the marriage). (12) Action of declarator of nullity of (non-)parentage. For declarator that (name and address) is [or was] [not] the son [or daughter] of (name and address). (13) Action of separation. For separation of the defender from the pursuer on the ground of [the adultery of the defender] [the behaviour of the defender] [the desertion of the defender and non-cohabitation during a period of two years or more] [non-cohabitation for a period of two years or more and the defender’s consent to the granting of decree of separation] [non-cohabitation for a period of five years or more]. (14) Action of divorce. For divorce of the defender from the pursuer in respect that the marriage has broken down irretrievably by reason of [the adultery of the defender] [the behaviour of the defender] [the desertion of the defender and non-cohabitation during a period of two years or more] [non-cohabitation for two years or more and the defender’s consent to decree of divorce] [non-cohabitation for five years or more]. (15) Conclusion for capital sum and periodical allowance. For payment by the defender to the pursuer of (1) a capital sum of (amount in words and figures) with interest at the rate of per cent a year from the date of decree to follow hereon until payment; and (2) a periodical allowance of (amount in words and figures) per week [or month] payable until the date three years after the date of decree to follow hereon [or until the remarriage or death of the pursuer, if sooner, or as the case may be]. (16) Action of putting to silence. For decree ordaining the defender to desist from asserting that he [or she] is the husband [or wife or child or other relative] of the pursuer, and putting him [or her] to silence.
(17) Conclusion for custody of children. For custody of (name of child or children), the child[ren] of the marriage under the age of sixteen years; and for payment by the defender to the pursuer of (amount in words and figures) as aliment for each [or the] child while in the custody of the pursuer and under the age of eighteen years. (18) Action for salvage. For payment to the pursuer by the defender of the sum of (amount in words and figures) for salvage services performed by the pursuer to the vessel (name of ship) on (date) or for such an amount of salvage as to the court may seen just [or in the case of a summons for apportionment), for payment to the pursuer of an equitable proportion of the sum of (amount in words and figures)]. (Refer to any agreement under which the total amount of the salvage award was fixed.) (19) Action of implement. For decree ordaining the defender (specify the order craved and such alternative conclusions as may be appropriate). (20) Adjudication for debt. For adjudication of the heritable property of the defender, that is to say, All and Whole (insert conveyancing description of subjects) from the defender to the pursuer; and that for payment to the pursuer of the principal sum, interest and expenses of process and extract [or as the case may be] contained in a decree (detail particulars of decree in pursuer’s favour); According as the same shall extend when accumulated at the date of decree to follow hereon and of the interest of the accumulated sum at the rate of per cent a year during the non-redemption of the said heritable property, and the expenses of the infeftment to follow on the decree of adjudication with interest at the rate of per cent a year from the date of disbursing the same during the non-redemption. [Or in the case of heritable securities. For adjudication of a [standard security] [bond and disposition in security] (describe the security) and of the subjects contained in the [standard security] [bond], that is to say, All and Whole (insert conveyancing description of subjects) from the defender to the pursuer for payment of (describe debts), during the non-redemption of the said lands and others]. (21) Adjudication in implement. For adjudication from the defender of All and Whole (insert conveyancing description of subjects) and all rights of the defender therein and the rents thereof from and after (date of entry under missives) in implement of missives of sale dated between the defender and the pursuer and for declarator that the said lands and others belong to the pursuer and his heirs and assignees; and for decree ordaining the defender to free and relieve the said lands and others of all burdens and incumbrances affecting them, of all feuduties, and public and other burdens affecting the said lands at and preceding the pursuer’s term of entry, or otherwise for payment of the sum of (amount in words and figures) or such sum as may be required for that purpose. (22) Declarator and division or sale. For declarator that the pursuer is entitled to insist in an action of division of sale of All and Whole (insert conveyancing description of subjects); and for division of those subjects between the pursuer and the defender, or if division of those subjects is found to be impracticable or inexpedient for declarator that those subjects should be
sold and the proceeds divided between the pursuer and the defender, and for warrant to sell accordingly; and for allocation of the expenses of the sale and of this process between the pursuer and the defender. (23) Maills and duties under Heritable Securities Act 1894. For declarator that the pursuer has right to the rents, maills and duties of the subjects and others specified in the bond and disposition in security for , granted by in favour of dated and recorded in the register or at least so much of those rents, maills and duties as will satisfy and pay the pursuer the principal sum of (amount in words and figures), with interest at the rate of per cent a year from the day of until payment together with £ liquidate penalty and termly failures, all as specified and contained in the said bond and disposition in security dated and recorded as aforesaid. (24) Poinding of the ground. (a) Against debtor in possession. For warrant to poind and distrain all moveable goods and effects poindable or distrainable belonging to the defender which are or shall happen to be on the ground of the lands and others described and contained in the [standard security] [bond and disposition in security] [or where the action proceeds on a real burden, the disposition or other writ by which it is constituted] aftermentioned, that is to say, All and Whole (insert conveyancing description of subjects): And for payment thereof to the pursuer of the amount of the principal sum of (amount in words and figures) together with £ liquidate penalty and termly failures, with interest on said principal sum from (date) until payment and in all time coming during the non-redemption conform to [standard security] [bond and disposition in security] dated and [recorded in the Division of the General Register of Sasines applicable to the county of ] [registered in the Land Register] both days of granted by the defender in favour of the pursuer [or where the pursuer is not the original security holder, in favour of and to which the pursuer has now right in virtue of (describe title)]. (b) Against debtor and tenants. For warrant to poind and distrain all moveable goods and effects poindable or distrainable of the defender [C.D.] principal debtor, [and of the defender[s] [E.F.] [and G.H.] his tenant[s] or possessor[s] of the lands and others aftermentioned which are or shall happen to be on the grounds of those lands and others described and contained in the [standard security] [bond and disposition in security] aftermentioned, that is to say, All and Whole (insert description of subjects sufficient to identify them) but in so far as relates to the said tenants and possessors to the amount only of the respective rents due or that may become due by them and for payment thereof to the pursuer to the amount of the principal sum of (amount in words and figures)with £ liquidate penalty and termly failures specified and contained in the bond and disposition in security dated and [recorded in the Division of the General Register of Sasines applicable to the county of ] [registered in the Land Register] the [both days] of granted by the defender [C.D.] in favour of the pursuer, with interest from the term of and in all time coming during the non redemption.