The following changes come into place on the first of June:
The main focus is dealing with the backlog of casework submitted during the lockdown. Priority will be given to:
• undefended actions seeking decree (e.g. Ordinary and
simplified divorces)
• cases which have resolved by joint minute
• cases with unopposed motions
• issuing pending extract decrees, and
• simplified divorces.
Other work such as notices of intention to defend, returned citations, initial writs, and simple procedure registrations will be processed as part of the backlog.
However, any new civil litigation received after 2 Junewill not be progressed before 15 June and will ultimately be processed in chronological order unless it pertains to
an urgent matter.
Local courts will deal with Civil Restart Applications i.e. applications in relation to cases that were sisted or administratively adjourned in the family court where:
the court is satisfied there is good reason for
doing so; the action can be progressed remotely; and a hearing requiring the leading of evidence is not required.
The ten hub courts will continue to consider urgent and/or necessary actions up until
15th June. Thereafter, all civil applications should be submitted to local courts having
jurisdiction. Depending on volumes, hub courts may re-direct actions to alternative
courts within the sheriffdom for processing but parties will be advised if this is the
case.
Business considered urgent and/or necessaryincludes:
• Applications/motions relating to the care and protection of children, such as: child protection orders or child assessment orders
o permanence order applications where an urgent interim order is sought
o urgent applications in relation to parental responsibilities and rights, for example in relation to contact or residence
o proceedings under the Children’s Hearings (Scotland) Act 2011, such as
urgent appeals against a decision of a children’s hearing or applications
relating to interim compulsory supervision orders.
See the SCTS web site for more details
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