The Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Attendance at  Hearings) 2023 came into force on 3 July 2023. This added new chapters into the two main procedural codes:

• Rules of the Court of Session (RCS): Chapter 12C: Mode of Attendance at Court Hearings; and  
• Sheriff Court - Ordinary Cause Rules (OCR): Chapter 4A: Mode of Attendance at Court Hearings

 The Access to Justice Committee is undertaking a review of these rules. Part of this review includes a Call for Evidence where members wish to hear from anyone who is willing to take the time to respond and provide us with their views on the following questions:

1. Is there sufficient guidance and clarity in the rules about holding a court hearing either in-person, virtually or by hybrid means? If not, what would be helpful?
   
2. Is the process for requesting a change to the mode of attendance straight forward or too complicated? If so, what would be helpful?
   
3. With procedural business defaulting to being virtual, has this approach worked or has it been problematic or caused confusion? 
4. Has there been or is there confusion about what a procedural hearing is and what is not? 
   
5. Have virtual hearings had a positive or negative impact on access to justice?
   
6. Have virtual hearings had a positive or negative impact on open justice?
   
7. Have you attended a court hearing by telephone? If so, can you provide feedback on your experience of attending a court in this way?
   
8. How do you find the WebEx platform for conducting virtual hearings and are there any improvements you would like to see?
   
9. Should more use be made of hybrid hearings and if so, how do you envisage these working?  By hybrid hearings we mean a hearing where the judge or sheriff is sitting in court, with the potential for everyone to attend in person, and one or more other participants attend remotely. Does it matter who is attending remotely (eg lawyer, witness, party)?
   
10. Did you encounter any technical difficulties during a virtual hearing or a hybrid hearing? If so, can you provide details on how the issue was resolved and if you were able to meaningfully participate?
    
11. Overall do you support virtual attendance at court or do you feel that more civil business should return to being held in person? Please give reasons for your answer.

The Call for Evidence will run from 29 September 2025 to 22 December 2025.

Please respond to the Call by competing the respondent information form and questions found here and returning it to SCJC@scotcourts.gov.uk