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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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How do I withdraw a summary cause summons I raised before return

Resolved Question:

How do I withdraw a summary cause summons I raised before return date?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You can simply not return the summons to court, lodge a minute sheet seeking dismissal and the case will be dismissed. Ensure you advise the defender so that they don't enter appearance.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you for your prompt reply.


 


Two more things:


1. I take it that I can lodge a minute sheet at the Sheriff Clerks Office, is this correct? Do I need to do this in writing or simply go to the office, inform the SCO staff of my wish to lodge the minute sheet and the SCO staff will do this for me?


 


2. Could you point me to the rule number(s) you based your answer on?


 


Thank you very much!

Expert:  JGM replied 3 years ago.
1. The court staff will give you a minute sheet or you can print one off online but you have to complete and sign it.

2. The rule is 7.1 assuming there is no appearance by the defender. You minute for dismissal with no expenses.
Customer: replied 3 years ago.

Thank you for your answer.


 


If the defenders already lodged the return, how does this change my situation: can I still lodge for dismissal? If so, how?


 


Sincerely.

Expert:  JGM replied 3 years ago.
If the Defender has already entered appearance then there are two alternatives:

1. Contact the defender and agree a joint incidental application to the court to have the action dismissed with no expenses due to or by either party. You would draw up a written IA, both would sign it and you would lodge it with the court in advance of the calling date.

2. You could ask the court to dismiss the action at the calling of the case. You would have to be in court on the calling date. You would have to intimate your intention to the defender in advance so that the defender doesn't appear. Technically the defender could ask for expenses so you want to try to get this sorted out by agreement in advance.
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