# Sheriff Courts (Scotland) Act 1907, Paragraph 33.36P: Full Case Management Hearing


(1) At the Full Case Management Hearing the sheriff must seek to secure the expeditious progress of the cause by ascertaining from the parties the matters in dispute and information about any other matter referred to in paragraph (3).
(2) 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.
(3) At the Full Case Management Hearing each party must address the court on—
(a) any matters that are capable of agreement;
(b) the matters that are in dispute between the parties;
(c) any matters of potential complexity or difficulty;
(d) any valuations that are likely to be required;
(e) any expert or skilled witness evidence that is likely to be required and the scope for joint instruction;
(f) whether additional steps require to be taken to give a child an opportunity to express the child’s views;
(g) whether steps require to be taken to investigate any facts or circumstances relating to a child;
(h) the suitability of the action for referral to mediation;
(i) whether special measures will be required for the purposes of taking the evidence of any vulnerable witnesses;
(j) the scope for use of affidavits and other documents in place of oral evidence;
(k) the extent to which the parties have complied with any orders made by the court;
(l) the number and availability of witnesses;
(m) the content, volume and form of productions;
(n) the requirement for access to IT equipment to view productions;
(o) whether sanction is sought for the employment of counsel;
(p) the progress of any legal aid application.
(4) After having heard parties at the Full Case Management Hearing the sheriff must close the record, fix a pre-proof hearing in accordance with Chapter 28A (pre-proof hearing) and—
(a) appoint the action to a proof and make such orders as to the extent of proof, the lodging of a joint minute of admissions or agreement, or such matters as the sheriff thinks fit;
(b) consider any note lodged under rule 22.1 (note of basis of preliminary plea), appoint the cause to a proof before answer and make such orders as to the extent of the proof, the lodging of a joint minute of admissions or agreement, or such other matters as the sheriff thinks fit; or
(c) consider any note lodged under rule 22.1, appoint the cause to a debate if satisfied that there is a preliminary matter of law which if established following debate would lead to decree in favour of any party, or to limitation of proof to any substantial degree.
(5) The diet fixed under paragraph (4)—
(a) is to be assigned for the appropriate number of days for resolution of the issues with reference to the information provided under paragraph (3) and subject to paragraph (6);
(b) may only be extended or varied on exceptional cause shown and subject to such orders (including awards of expenses) as the sheriff considers appropriate.
(6) The sheriff may make such orders as thought fit to ensure compliance with this rule and the expeditious resolution of the issues in dispute, including—
(a) restricting the issues for proof;
(b) the scope for instruction of a joint expert or a meeting between skilled persons;
(c) excluding specified documents, reports or witnesses from proof;
(d) fixing other hearings;
(e) awarding expenses.
(7) The sheriff may, on cause shown, of the sheriff’s own motion or on the motion of any party, allow a continuation of the Full Case Management Hearing on one occasion only for a period not exceeding 28 days or to the first suitable court day thereafter.
(8) On closing the record—
(a) where there are no adjustments made since the lodging of the record under rule 33.36N (record for Full Case Management Hearing), that record becomes the closed record;
(b) where there are such adjustments, the sheriff may order that a closed record including such adjustments be lodged within 7 days after the date of the interlocutor closing the record.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/paragraph/33.36P (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/paragraph-33.36P
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.