Ordinary actions in the Court of Session are commenced by a "summons." This, besides being the writ citing the defender (defendant) to appear in Court, contains the "conclusions of the action" (grayer) ; a "condescendence," or statement of the facts on which the suit is founded, drawn up in separate paragraphs as in a bill in Chancery ; and, lastly, a note of the "pleas in law," or legal propositions, which the pursuer (plaintiff) is prepared to maintain in support of his prayer. The summons is served on the defender (see Citation), and on expiry of the "induciae" (period of notice) it is " called," i.e., entered in the "calling list," under the title of the Lord Ordinary to whom the cause is to be attached. The calling list is printed and published at fixed periods, generally once a week, and the defender must enter appearance within one day after the publication of the list in which the summons is entered. After appearing he must lodge (file) defences. These consist of "answers" in the form of a direct admission or denial of each assertion in the condescendence of facts in the summons, followed by a "statement of facts" on the part of the defender, and a note of his "pleas in law." Every species of defence, whether matter of demurrer, plea, or answer, must thus be at the first set forth. If satisfied that these pleadings correctly state their respective cases, the parties ""close the record on summons and defences ; but if either desires to add to or alter his pleading, he obtains an order to "revise ;" and after both parties have revised, the "record is closed," and the case set down for hearing. When heard, the Lord Ordinary pronounces an interlocutor (decree), disposing of the whole case. Either party may appeal against this to the Inner House by "reclaiming note." (See Court of Session.)

Source: Kinnear, Digest of House of Lords cases (1865), pg. 346.

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