Form 38.12

Rule 38.12(1)

Form of note of objection to competency of reclaiming

(Cause Reference number)

IN THE COURT OF SESSION

NOTE OF OBJECTION TO COMPETENCY OF RECLAIMING

[A.B.]

Pursuer [or Petitioner]

against

[C.D.]

Defender [or Respondent]

To the Deputy Principal Clerk of Session

(Name of reclaimer), pursuer [or petitioner or defender or respondent] and reclaimer, has marked a reclaiming motion in the above cause. (Name of objecting party), [where applicable: pursuer or petitioner or defender and] respondent, objects to the competency of the reclaiming motion on the following grounds:

(set out the grounds in brief numbered paragraphs) 

Date (insert date) 

(Signed)

Solicitor for Pursuer/Petitioner/Defender/Respondent

(Address)