Paragraph 29.17A Proof management hearingF1
Where a proof diet has been—
discharged;
adjourned, whether under rule 29.17 (proof to be taken continuously) or otherwise; or
continued to a later date,
the sheriff may, of the sheriff’s own motion, fix a proof management hearing.
It is the duty of the parties to provide the sheriff with sufficient information to enable the sheriff to conduct the hearing as provided for in this rule.
At a proof management hearing the sheriff is to ascertain, so far as is reasonably practicable, whether the cause can proceed to proof or, as the case may be, continued proof and in particular—
when the parties expect to be able to proceed to proof or continued proof;
the likely availability of witnesses;
the extent to which the proof or continued proof, and the attendance of witnesses, may be conducted remotely and how that might be achieved; and
the extent to which affidavit evidence may be used.
At a proof management hearing the sheriff may—
discharge the proof or continued proof;
fix a date for the proof diet or, as the case may be, a new date for the continued proof;
continue the proof management hearing to a later date;
make such other order as the sheriff thinks fit to secure the expeditious progress of the cause.
Annotations
Textual amendments
- F1
Sch. 1 rule 29.17A inserted (2.6.2020) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020 (S.S.I. 2020/166), paras. 1(2), 3(2)
Notes on Schedule First
Textual amendments
- F1
Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
Modifications
- C1
Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
- C2
Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
- C3
Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5