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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17054
Experience:  30 years as a practising solicitor.
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Please see the statement from the court below: The Sheriff,

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Please see the statement from the court below:The Sheriff, having heard from the pursuer personally and the agent for the defender at today`s hearing, ex proprio motu, Sists the cause meantime, as it is not in the interests of justice to take up any further court time with this action where both parties have confirmed to the court that they are content to proceed with a simplified divorce in June 2021.NOTE: The pursuer indicated that he did not agree with my view that the matter should be sisted but having regard to the fact that expense was being incurred and court time taken up in this action; parties were agreed that the marriage had broken down and the pursuer was willing to proceed by way of a simplified divorce; and the defender had instructed that she would consent I considered it would be appropriate in the interests of justice to sist the cause. It was explained to the pursuer at today`s hearing that he will have to seek the dismissal of this action when seeking the simplified divorce. Mr Thompson confirmed that his instructions were that his client would consent to a simplified divorce and he would write to the Pursuer.Question:
I am in Scotland. Now I have been trying to dismiss the case as advised and sent a joint minute to the defender's solicitor but he has refused to sign the joint minute. He has also refuesed to write as stated by the court above. A court staff told me I could send the motion for the dismisal alone and that the defender's solicitor will choose to oppose it or not.I have two options now.(1) Send the motion without the joint minute. Do you think the sheriff will award any cost against me based on his above court statement?(2) Unsist the case. What is the procedure for doing this in Scotland?
JA: Has he talked to a lawyer about this? What country does he live in? If different, what country does this legal question relate to?
Customer: No. Scotland
JA: What steps have been taken so far?
Customer: spoken with court staff
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 14 days ago.
Continue the search. I am ok with continuing to wait for an answer. Thanks

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

You need to enrol and intimate a G6 motion moving the court 1. To recall the sist pronounced on (date) 2. To dismiss the action with no expenses due to or by either party and (3) to find the defender liable in the expense of this motion procedure in the event of the defender making opposition hereto.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 14 days ago.
Thanks. This is very helpful

You’re welcome.

Customer: replied 13 days ago.
Both parties having confirmed to the court that they are content to proceed with a simplified divorce, the Pursuer moves the court:
1. To recall the sist pronounced on (date)
2. To dismiss the action with no expenses due to or by either party and
3. To find the defender liable in the expense of this motion procedure in the event of the defender making opposition hereto.List the documents or parts of process lodged with the motion:-
Interlocutor - Basic 2
Customer: replied 13 days ago.
Just a quick clarification. Please look at the first line and the document listed. Do you think it is okay that way. Thanks
Customer: replied 13 days ago.
Also, do I need to complete and send form g7 with this

You don’t need to list the interlocutor. The court has this already. Yes you need G7 to intimate and G8 to certify the intimation. There is a section in the ordinary cause rules on serving motions which you should follow.

Customer: replied 13 days ago.
Thanks. I really appreciate your response.I have gone through chapter 5 of the cause rules. There is a section on G7 where I can put the last date for lodging notice of opposition. Can I leave this space blank or put 7 days after (not sure of this)?
Customer: replied 13 days ago.
chapter 15, not 5.

It’s 7 days after service.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17054
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you
Customer: replied 13 days ago.
Ok. Thanks