{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-12",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-12.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/12",
  "kind": "part",
  "number": "12: The hearing",
  "heading": null,
  "text": "12.1\nWhat is this Part about?\n(1)\nThis Part is about the hearing at which the dispute between the parties should be resolved.\n12.2\nWhat is the purpose of the hearing?\n(1)\nThe purpose of the hearing is to help the sheriff to resolve the dispute between the parties.\n12.3\nHow will the dispute between the parties be resolved?\n(1)\nThe sheriff may refer parties to alternative dispute resolution at a hearing.\n(2)\nIf the sheriff thinks a negotiated settlement is possible, the sheriff must help the parties to negotiate a settlement to the dispute.\n(3)\nIf no negotiated settlement is possible, the sheriff must resolve the dispute by deciding it at that hearing.\n(4)\nThe sheriff may continue the hearing to another day without resolving the dispute only if it is necessary to do so.\n(5)\nBut the sheriff must not continue a hearing to another day solely because a witness did not appear.\n12.4\nWhat will the sheriff do at the hearing?\n(1)\nThe sheriff must ask the parties about their attitudes to negotiation and alternative dispute resolution.\n(2)\nThe sheriff must identify the factual basis and legal basis of the claim and the response to the claim.\n(3)\nThe sheriff must identify the factual and legal matters genuinely in dispute between the parties.\n(4)\nThe sheriff must take a note of the hearing. This note is for the sheriff's own purposes and must be kept until any appeal is no longer possible or until any appeal has been concluded.\n12.5\nWhat if a party does not come to the hearing?\n(1)\nIf the claimant does not come to the hearing or is not represented at the hearing, the sheriff may dismiss the claim.\n(2)\nIf the respondent does not come to the hearing or is not represented at the hearing, the sheriff may make a decision in the case at that hearing.\n(3)\nIf neither party comes to the hearing and neither party is represented at the hearing, the sheriff must dismiss the claim.\n12.6\nHow will evidence be given at the hearing?\n(1)\nBefore evidence is heard, the sheriff must explain to the parties the way the sheriff has decided to consider evidence at the hearing.\n(2)\nThe sheriff may impose conditions on how evidence is presented or dealt with, including conditions on how witnesses are questioned or setting time limits on how long witnesses may be questioned.\n(3)\nThe sheriff may decide whether the evidence of a witness is to be taken on oath or affirmation or not.\n(4)\nThe sheriff may ask questions to the parties or to witnesses.\n(5)\nThe sheriff may inspect any evidence with the parties or their representatives present.\n(6)\nThe sheriff may inspect any place with the parties or their representatives present.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 rule 12.3(5) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(o)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/12",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}