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Preparing for proof and proof before answer in Scottish civil litigation: counsel, witnesses, experts, productions, admissions, and key procedural timetables across Court of Session and sheriff courts

Practice notes
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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 Act 1854
  • OCR—Sheriff Court Ordinary Cause Rules 1993
  • RCS—Rules of the Court of Session 1994
  • TJER—Taxation of Judicial
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Web page updated on 21/05/2026

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