Case management in CoS family actions

Jul 13, 2017

Rules coming into effect in September will make new provisions for case management, and pre-proof hearings in Court of Session family actions.

The rules make provision for a case management hearing which must be fixed when defences are lodged in the Court.

Parties in the cases will require to address the Court on matters such as:

  • issues agreed and in dispute
  • expert evidence required 
  • estimated length of proof.

The rules also make provision for a pre-proof hearing to determine whether the case is likely to proceed on the date fixed. At the hearing, parties will need to address the Court on matters such as:

  • the state of preparation
  • the number of days assigned  
  • whether special measures are required for witnesses.

The rules provide the Court with a range of powers for handling the hearing and will come into force on 18 September.

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