Sheriff Court Ordinary Cause Rules and Court of Session Rules meaning

This Practice Note offers guidance on the current rules and practice in the Scottish civil courts, including electronic lodging of documents and virtual hearings. It does not extend to criminal business or to procedures specific to the All Scotland Personal Injury Court. For key points in Scottish civil litigation, see: Scottish DR: courts and civil procedure—overview, Scottish DR: starting a claim—overview, and Scottish DR: case management and evidence—overview, which link to detailed guidance on particular aspects of dispute resolution in Scotland. Electronic submission of documents in Scotland From 1 December 2025, under the Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302: an electronic signature meets any requirement to sign or authenticate a document, and electronic transmission (to a person or their solicitor) meets any requirement to send a document to that person Attendance at civil hearings in Scotland The approach to hearings developed during the coronavirus (COVID-19) pandemic was put on a permanent footing by...

Civil justice reform See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up-to-date guidance on the position in the Scottish civil courts regarding remote hearings and the electronic signing, sending and lodging of documents. This Practice Note outlines the practical considerations when preparing for a proof or a proof before answer in Scottish civil proceedings. As procedures differ, they carry distinct procedural obligations and deadlines. Consult the specific rules to ensure all procedural requirements are fulfilled. For guidance on Specific procedures: Scottish DR: courts and civil procedure—overview Other aspects of commencing and advancing a civil claim in Scotland: Scottish DR: prescription and limitation—overview; Scottish DR: starting a claim—overview; and Scottish DR: case management and evidence—overview, each linking to more detailed guidance The equivalent in England and Wales: Trial—overview, which links to detailed guidance on preparing for trial Key AJ(S)A 1972—Administration of Justice (Scotland) Act 1972 AWA 1854—Attendance of Witnesses...

This Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland. In Scotland, as in other legal systems, a party seeking to advance or oppose a civil claim must first reduce that claim or defence to writing. Such written statements make up the pleadings, and are often referred to as ‘writs’. There is no single, standardised form of pleadings used in every Scottish court. For historical reasons, the titles and formats of writs vary according to the court seized and the remedy pursued. Typical examples are: summons in the Court of Session—RCS, Ch 13 defences in the Court of Session—RCS, Ch 18 petitions in the Court of Session—RCS, Ch 14 initial writ under the Ordinary Cause Rules in the sheriff court—OCR, Rule 3.1 defences in the sheriff court—OCR, Rule 9.6 initial writs under the Summary Application rules in the sheriff court—SAR, Ch 2.4 counterclaims—RCS, Ch 25; OCR, Ch 19 pleadings in appeals—RCS, Chs 39–41;...