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Contents

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): Case called in court

DMBM676180 | Summary proceedings (Sc): Case called in court

From HM Revenue & Customs · Debt Management and Banking Manual

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The sheriff clerk will normally read out the names of the parties to the action for example Kenneth Black, Officer of HMRC, versus John Green.

When this has been done you should

  • stand up

  • bow to the sheriff (this will not be necessary if it is the sheriff clerk who is hearing the case)

  • introduce yourself and ask for decree. For example: I am Kenneth Black, the Pursuer, mLord, I move for decree plus expenses.

Depending on who is hearing the case the sheriff or sheriff clerk will then give thedefender a chance to put their case.

The defender may

  • claim that the tax etc (or part of it) is paid

  • admit the debt but ask for time to pay

  • dispute the debt and state a defence.

You should

  • listen carefully to what is said and always

  • address your questions/replies to the sheriff (or the sheriff clerk if it is the sheriff clerk who is hearing the case instead of the sheriff).

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