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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I missed a pre proof hearing due to a a very serious ill health.

Resolved Question:

I missed a pre proof hearing due to a a very serious ill health. I have just been discharged from the hospital and the sheriff, in my absence, continued the hearing one week from now for a peremptory diet hearing. My understanding is it is final and beyond challenge. How can I plead my case given my circumstance?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will assist you with this.
A peremptory diet is a diet assigned where a party fails to appear. It's purpose is to enable the party to appear and advise the court whether you are insisting on continuing with the litigation or not. So you have to appear at the peremptory diet and explain to the court why you didn't appear at the pre proof diet and ask the court to assign a new diet.
So the sheriff's decision isn't made in any particular context. The sheriff was simply following the court rules which apply where a party fails to appear.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
does it mean I cannot add further value to the case such asking the court for specific orders and making productions on that day?
Expert:  JGM replied 2 years ago.
It would normally be a pre prof hearing that that would be dealt with. The sheriff may decide to hold a new pre proof hearing or if both parties are ready, he could do the pre proof hearing at the peremptory diet.
Most applications for orders have to be made and served by written motion on a G6 form so that the opponent has reasonable notice.
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