New rules confirm remote and in-person court hearings

New rules of court have been made confirming that, as a default, most procedural hearings in the Court of Session and sheriff court will take place online while other business will be conducted in person.

The Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Attendance at Hearings) 2023 inserts new chapters into the Court of Session Rules and the Ordinary Cause Rules to that effect.

Provision is made so that the court may at its own instance or on the motion of a party on cause shown, order that attendance at procedural hearings by any person is to be by means of physical attendance instead.

The court may also order that attendance at other kinds of hearings by any person, which are otherwise attended physically, may instead be attended by electronic means.

Hybrid modes of attendance may also be permitted, to provide maximum flexibility for the court and those participating in hearings.

Consequential amendments are made to revoke court rules in relation to live links as those rules are superseded by the amendments made by this Act of Sederunt. 

The new rules come into force on 3 July 2023.