Dismiss the claim
If the sheriff dismisses the claim, it means the court has ruled in favour of the defender. In this case, the pursuer’s claims are rejected, and no court order or decree is granted. There are certain instances when the sheriff can dismiss a claim which can include:
•where the pursuer fails to appear at a hearing or submit paperwork to the court;
•when the sheriff finds in favour of the defendant;
•where the pursuer ‘abandons’ their claim.
If the case is dismissed, the pursuer can raise the same claim again against the defender, unless ‘decree absolvitor’ is awarded.
Decree absolvitor
This legal term is borrowed from the Latin meaning ‘let him be acquitted’. The defender is absolved of any responsibility in the claim, it also prevents the pursuer from raising the same claim again. It is therefore important when the sheriff dismisses a claim that the defender requests ‘decree absolvitor’. A sheriff may ask the defender or their solicitor if that is what they want before awarding and the answer should always be ‘yes’.