# Act of Sederunt (Fatal Accident Inquiry Rules) 2017, Rule 3.8: Procedure

Extent: S

(1) The procedure at a preliminary hearing is to be as ordered by the sheriff.
(2) At the preliminary hearing (or by the last preliminary hearing) the sheriff must—
(a) consider whether there are any further persons who the sheriff is satisfied have an interest in the inquiry under section 11(1)(e);
(b) establish who is to participate in the inquiry;
(c) establish the nature and complexity of the inquiry;
(d) consider the likely length, timetable and date for the start of the inquiry;
(e) establish any matters which are likely to be in dispute at the inquiry;
(f) establish the state of preparedness of the participants;
(g) consider how information should be presented to the inquiry including—
(i) how information will be gathered (see rule 4.4);
(ii) the timetable for lodging productions and witness lists (see rules 4.6 and 4.7);
(iii) the arrangements for any vulnerable witnesses (see rule 4.9);
(iv) how participants are progressing with discharging their duty to agree information (see rule 4.11);
(v) whether notices to admit information are required (see rule 4.12);
(vi) whether any witness statements will be required (see rule 4.13);
(vii) whether any video recordings will be required (see rule 4.14);
(viii) how any expert witnesses should present information (see rules 4.15 to 4.19); and
(ix) what other technology (for example, live links) will be used;
(h) consider any other preliminary matter raised by a participant; and
(i) identify any legal aid applications which have been, or require to be, made or renewed by participants.
(3) At the conclusion of a preliminary hearing the sheriff must—
(a) fix a date for another preliminary hearing; or
(b) fix a date for the start of the inquiry.
(4) Where the sheriff fixes a date for another preliminary hearing, the sheriff must specify—
(a) the reason for fixing another preliminary hearing; and
(b) the matters which will be considered at that preliminary hearing.
(5) Where the sheriff fixes a date for the start of the inquiry, SCTS must publish a notice of that date on its website.

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Source: https://www.legislation.gov.uk/ssi/2017/103/rule/3.8 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-fatal-accident-inquiry-rules-2017/rule-3.8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.