Diet of proof meaning

In Scottish civil litigation, a diet of proof is the evidential hearing—essentially the trial on the facts—at which parties lead witness and documentary evidence and the sheriff or judge makes findings in fact. It is used in the Sheriff Court and Court of Session and typically follows procedural steps such as closing the record and lodging witness lists and productions. The expression comes from Scots procedure and court rules (rather than statute) and is a descriptive term used across civil contexts. The court may fix different forms of proof, including a full proof, a restricted proof (for example on liability or quantum only), a preliminary proof on a discrete issue (such as time‑bar or jurisdiction), or a proof before answer where legal issues are reserved until after evidence has been heard. The outcome commonly leads to final judgment (decree), subject to submissions on law and any reserved matters. Usage is jurisdiction‑specific: “diet of proof” is standard in Scotland. In England and Wales, Northern Ireland and Ireland, the equivalent hearing is generally referred to as the “trial” or “final hearing”, and the term “diet of proof” is not typically used in those jurisdictions.