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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10092
Experience:  30 years as a practising solicitor.
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I am abroad working and a citation was delivered to my house

Customer Question

I am abroad working and a citation was delivered to my house in Scotland and signed for by my partner for me to attend the Court of Session in Edinburgh as a witness, although it does not mention the word 'witness' in the citation. The date I have been asked to attend is 9 days from me being informed and I will still be working abroad. I called the solicitors who sent it to inform them that I could not attend, but I have learned that it is not that simple and they need permission from the pursuer for me not to attend. If I do not get permission not to attend then where do I stand if I do not appear at this case?
I have also learned that the citation should have included the following:-
1. Instructions on how to get to the court
2. An expenses claim form
As they were not included then does this make the citation flawed and 'null and void'?
I do not want to attend as it will cost me money for loss of earnings and also could damage the business relationship with my customer as I will be letting them down by not being available.
Any advice appreciated.
Many Thanks
Submitted: 6 months ago.
Category: Scots Law
Expert:  JGM replied 6 months ago.
From what you say the citation is incomplete if it doesn't have the notes section giving you guidance on getting to the court etc however, that would not make the citation itself invalid. If you are living and working abroad then the citation is ineffective as you can't be citation to a Scottish court if you are living abroad. You should ask the solicitors to obtain a further court date which you can attend and to cover yourself you should also write to the general department of the Court of Session quoting the case name and number and advising of the fact that you are not living in Scotland at present.

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