The Council has recently approved the next steps for Stage 2 of the Rules Rewrite Project.

The First Report, “The New Civil Procedure Rules”, summarises the Council’s recommendations arising from the various discussion papers considered at Stage 1. In the Report, the Council identified six work-streams that might be taken forward in order to produce a “core narrative” i.e. draft rules covering all of the typical steps that an ordinary action might go through in either the Court of Session or the sheriff court.

In the coming months, work will focus on work streams 1 to 4:

• WS1 Commencement and initial case management

To consider the form of commencing writ and the form of defences, the case management questionnaire, pleadings, service of the commencing writ, administrative consideration of the writ by the clerk, caveats, vexatious litigants, preliminary pleas, the form of process, counterclaims and initial case management decisions.

• WS2 Applications and motions

  To consider motions and minutes, interlocutors, transfer and remit of actions, the involvement of third parties (including sist and transference, third party notice, etc), and the recovery of evidence.

• WS3 Decrees, Extracts and Enforcement

  To consider interim diligence and diligence, procedure in undefended cases, summary decree, decrees and extracts, reponing, proceedings for breach of court orders (e.g. interdict) and, decisions and reasons.

• WS4 Evidence, Proof and Hearings

To consider the mode of proof, the rules of evidence, the judge’s evidence and information management powers, hearings and the judge’s hearing management powers, expert witnesses, documents, vulnerable witnesses, and notices to admit and non-admission.

The Council has established working groups to take forward work streams 1, 3 and 4. Work stream 2 will be undertaken by the Council’s ICT Committee which will function as a working group to look at the topics within this area including policy considerations and not just from an IT perspective. A number of membership appointments have been made in relation to the working groups. Details of the working group remits and membership appointments can be found here.