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.


Providing Feedback

The SCJC welcomes feedback on any aspect of court rules.

Please email your comments to the Secretariat.