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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13204
Experience:  30 years as a practising solicitor.
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Litigant in a family law case. The record has closed. The

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I'm Party litigant in a family law case. The record has closed. The Defence have now sent me a new amended record.The Defence appear to be suggesting we continue through to just before the options hearing. I believe the Defence are trying to unsettle matters by ignoring the closure date.1) Is it common practice to continue through to just before the options hearing?2) should I reject the changes given the Defence given they have had nearly 3 months to get their affairs in order and have decided not to take action?

Do you mean continuing to adjust up to the Options Hearing? You don’t have to agree to that although it is not uncommon for parties to do so by agreement.

Customer: replied 10 months ago.
Defence Lawyer wants to continue to adjust up until the Options hearing.If I decline will it be seen as negative on my part?The Sheriff granted us as long as possible to get things in order. I feel Defence haven’t really cared about this.The Defence would be pushing things by asking for an extension again. It’s unlikely they will be denied it but it may be worth highlighting it to the Court that Defence is wishing to draw things out as long as possible.Could I use the request for this extra time as a basis for negotiation? E.g agreeing to it based upon no further extension or agreeing to it based upon agreement being reached on a Crave?

Has the Options Hearing already been continued?

Customer: replied 10 months ago.
One child welfare hearing, an options hearing, case management hearing and now another options hearing.I’d feel time is passing without much progress.

In terms of the court rules, which you MUST read if you are doing litigation on your own, an Options Hearing can only be continued once. Thereafter unless the case is complex enough to merit Additional Procedure, which would be unusual in a family case, the Record has to be closed. You can argue that late adjustments shouldn’t be allowed because you wouldn’t have the chance to answer these and you will have to have your Record made up and lodged two clear days before the COH.

Customer: replied 10 months ago.
Is there any benefit in denying the Defence chance to update record before this options hearing?Could I say for example negotiate that I would allow it on basis no extension was sought?

It might save a lengthy amendment procedure which would be their other option if their adjustments weren’t allowed. Amendment procedure could hold up the proceedings for months.

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