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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): Defender requests the court to grant a sist of the proceedings

DMBM676240 | Summary proceedings (Sc): Defender requests the court to grant a sist of the proceedings

From HM Revenue & Customs · Debt Management and Banking Manual

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Whilst exceptional, you may find that the defender will request the court to grant asist of the proceedings. That is a suspension of the case for an indefinite period for aspecific purpose (DMBM675100).

If in your judgement the reason for the request is a genuine one and not merely a delayingtactic on the part of the defender you should

  • agree to the sist and

  • refer your papers to the higher debt manager for instructions on how to proceed.

If however you feel that the defender's reason for suspending the proceedings hasalready been adequately dealt with, for instance, in correspondence between yourself andthe defender, you should

  • advise the court that you wish to oppose the grant of a sist and provide your reasons for this and

  • ask the court to award decree.

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