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Official guidance
Debt Management and Banking Manual

DMBM676110 · Summary Proceedings (Sc): Court hearings

  • DMBM676120 · Summary proceedings (Sc): Preparing your case for a court hearing
  • DMBM676130 · Summary proceedings (Sc): Appearing in court
  • DMBM676140 · Summary proceedings (Sc): Your right to address the court
  • DMBM676150 · Summary proceedings (Sc): Proceedings before the sheriff
  • DMBM676160 · Summary proceedings (Sc): Proceedings taken by a sheriff clerk
  • DMBM676170 · Summary proceedings (Sc): The day of the hearing
  • DMBM676180 · Summary proceedings (Sc): Case called in court
  • DMBM676190 · Summary proceedings (Sc): The defender claims that tax (or part of it) is paid
  • DMBM676200 · Summary proceedings (Sc): The defender admits the claim but seeks time to pay
  • DMBM676210 · Summary proceedings (Sc): The defender disputes the debt and lodges a defence
  • DMBM676220 · Summary proceedings (Sc): Asking the Solicitors Office to attend a Diet of Proof
  • DMBM676230 · Summary proceedings (Sc): Certificates of debt for the Diet of proof
  • DMBM676240 · Summary proceedings (Sc): Defender requests the court to grant a sist of the proceedings
  • DMBM676250 · Summary proceedings (Sc): Actions that need to be taken after the hearing
  • DMBM676260 · Summary proceedings (Sc): The defender advises of his intention to appear
  • DMBM676270 · Summary proceedings (Sc): Applying to the court to have the Decree of Absolvitor recalled
  1. Summary Proceedings (Sc): Court hearings: Contents
  2. Summary proceedings (Sc): Appearing in court

DMBM676130 | Summary proceedings (Sc): Appearing in court

From HM Revenue & Customs · Debt Management and Banking Manual

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It is important that you know what to expect and what is expected of you when attending a sheriff court hearing as a pursuer.

You may not feel at ease during your first few visits. You will however gain confidence, as you become familiar with the procedures. Once you start attending court regularly, you will get to know the court staff who are generally most helpful.

The sheriff/sheriff clerk will not expect you to conduct a case in exactly the same way as a professional solicitor as they will know you do not have the same legal qualifications. They will however expect you to be better prepared than an ordinary member of the public attempting to recover a debt on his own.

All sheriff courts operate within the terms of the Sheriff Court Rules but the individual requirements or preferences of each sheriff/sheriff clerk may vary from court to court.

You should adapt your own style to meet those requirements and even if a particular practice has been acceptable in the court for some time previously remember that it may not suit any new or relief official.

When addressing the court avoid giving any impression that you are “representing” or “appearing” on behalf of Her Majesty’s Revenue and Customs.

You should always

  • ensure that your appearance is acceptable: do not for example wear a “T” shirt and jeans

  • remain alert throughout the hearing for the mention of any points which, if emphasised by you, might help to convince the court that decree should be granted.

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