Going to court
This section looks at court procedures and practice when representing a client in court.
It covers when lay representation is allowed and gives practical information on court personnel etc. It also gives information on getting proceedings continued or sisted, minuting for recall and appealing against decisions. In legal proceedings the person raising the action is called the pursuer and the person against whom the action is raised is called the defender. These people are collectively known as the parties.
Simple procedure and summary cause actions are invariably held in public. The sheriff clerk or bar officer should be able to advise on which courtroom a case will call in.
Before going to court the representative should have prepared the case and, if appearing in a simple procedure case, have lodged all relevant documents.
There are different types of evidence that may be put before a court, and particular considerations in the case of simple procedure actions
Generally a detailed hearing of a summary cause case will not occur at a first calling. The information in this section applies to cases being heard at a summary cause proof or at the first hearing of a simple procedure case.
Last updated: 29 December 2014