Rule Making

Court rules

The procedure to be followed in cases heard in the Court of Session and in civil cases in the sheriff courts are set out in court rules. The Court of Session makes these rules in a document known formally as an Act of Sederunt.

New or revised rules might be needed to give effect to primary or secondary legislation, to a court ruling or to improve the procedures followed in court.

One of the functions of the Scottish Civil Justice Council is to assist the Court of Session in making new rules by preparing and submitting draft civil procedure rules for it to consider.

This function was previously undertaken by the Court of Session and Sheriff Court Rules Councils.  Read more about the previous civil rules councils.
 

Rules in criminal proceedings

Rules for criminal proceedings (known as Acts of Adjournal) are made by the High Court of Justiciary and are prepared by the Criminal Court Rules Council.

View the Rules

Once made, court rules are available at the Scottish Courts and Tribunals Service website.  Links to the court rules can be found below:

Sheriff Court Rules

Court of Session Rules

Criminal Procedure Rules

Requesting Rules

Information for policy teams who are working with primary or subordinate legislation or who are otherwise considering policy which might affect or require rules of court and by any individual or group wishing to submit a proposal for changes to court rules is available here.

Please note, this document is under revision to reflect changes being introduced by the implementation of the Courts Reform (Scotland) Act 2014. 

New rules

Newly made rules by the SCJC are listed within our News section.  The Scottish Courts and Tribunals Service website also provides a list of all court rules made over the last two years.