Rule 28A.1 Pre-proof hearingF1

Scotland

(1)

F2Subject to paragraph (1A) on the appointment of a cause to a proof or proof before answer or thereafter on the motion of any party or of his own motion, the sheriff may appoint the cause to a pre-proof hearing.

(F31A)

In a family action which must follow the procedure set out in Part III of Chapter 33 or 33A (defended family actions), the sheriff will fix a pre-proof hearing at the Full Case Management Hearing.

(2)

It shall be the duty of the parties to provide the sheriff with sufficient information to enable him to conduct the hearing as provided for in this rule.

(3)

At a pre-proof hearing the sheriff shall ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed for that purpose and, in particular–

(a)

the state of preparation of the parties; and

(F4b)

the extent to which the parties have complied with their duties under rules 9A.2, 9A.3, 29.11 and 29.15 and any orders made by the sheriff under—

(i)

rules 9.12(3)(a), (b), (d) or (e);

(ii)

rules 10.6(3)(a) or (b);

(iii)

rules 33.36P(4)(a), (b), (d) or (6); or

(iv)

rules 33A.36P(4)(a), (b), (d) or (6); F5and

(c)

consider any child witness notice or vulnerable witness application that has been lodged where no order has been made, or ascertain whether there is or is likely to be a vulnerable witness within the meaning of section 11(1) of the 2004 Act who is to give evidence at any proof or hearing and whether any order under section 12(1) of the Act of 2004 requires to be made.

(4)

At a pre-proof hearing the sheriff may–

(a)

discharge the proof or proof before answer and fix a new date for such proof or proof before answer;

(b)

adjourn the pre-proof hearing; or

(c)

make such other order as he thinks fit to secure the expeditious progress of the cause.

(5)

For the purposes of rules 16.2 (decrees where party in default), 33.37 (decree by default in family action) and 33A.37 (decree by default in civil partnership action), a pre-proof hearing shall be a diet in accordance with those rules.

Annotations

Textual amendments

F1: Sch. 1 Chapter 28A inserted (18.8.2006) by Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006 (S.S.I. 2006/410), para. 2(6)
F2: Words in Sch. 1 rule 28A.1(1) inserted (3.6.2013) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2013 (S.S.I. 2013/139), paras. 1(1), 2(5)(a) (with para. 6)
F3: Sch. 1 rule 28A.1(1A) substituted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(10)(a) (with para. 3)
F4: Sch. 1 rule 28A.1(3)(b) substituted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(10)(b) (with para. 3)
F5: Sch. 1 rule 28A.1(3)(c) and word inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), para. 2(6)(b)

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