SCJC Call for Evidence: Modes of Attendance Rules

Scotland Civil Justice Council Consultations

Detected March 24th, 2026

Summary

The Scotland Civil Justice Council (SCJC) has issued a call for evidence regarding its rules on modes of attendance for court hearings. The consultation seeks feedback on the clarity of existing rules for in-person, virtual, and hybrid hearings, the process for requesting changes, and the impact of virtual hearings on access to and open justice.

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What changed

The Scotland Civil Justice Council (SCJC) is soliciting public input on its rules governing how parties attend court hearings. This call for evidence specifically probes the adequacy of current guidance on in-person, virtual, and hybrid attendance, the ease of requesting modifications to these modes, and the practical implications of virtual procedural business. It also seeks to understand the perceived impact of virtual hearings on access to justice and open justice, feedback on the WebEx platform, and opinions on the future balance between virtual and in-person proceedings.

Regulated entities and legal professionals are encouraged to provide detailed responses to the eleven questions posed. The SCJC requests that respondents complete the provided information form and attach it to their written submissions. While no specific compliance deadline is mentioned, the nature of the consultation implies that feedback will inform future rule revisions. The SCJC also asks for preferences regarding the publication of submitted responses.

What to do next

Review the SCJC call for evidence questions on modes of attendance.
Submit feedback on the clarity and effectiveness of current court hearing attendance rules.
Provide input on the impact and future use of virtual and hybrid hearings.

Source document (simplified)

RESPONDENT INFORMATION FORM For the Call for Evidence on Modes of Attendance Rules. Please note this form must be completed and returned with your response. Are you responding as an individual or an organisation? Your details: Your full name or your organisation’s name:

Phone number: Address:

Postcode: Email Address: Your views on the publication of your response Please indicate your preferences with regard to the publication of your response: INDIVIDUAL ORGANISATION Publish response with name Publish response only (without name) Do not publish response

Providing your response If you have chosen to provide a separate written response, then please complete the first page of this Respondent Information Form and attach it to your response. If you wish to include your responses within this Respondent Information Form, please insert your responses to each consultation question in the (expandable) boxes below: Question 1 – Is there sufficient guidance and clarity in the rules about holding a court hearing either in-person, virtually or by hybrid means? If not, what would be helpful?

Question 2 - Is the process for requesting a change to the mode of attendance straight forward or too complicated? If so, what would be helpful?

Question 3 – With procedural business defaulting to being virtual, has this approach worked or has it been problematic or caused confusion? 2

Question 4 – Has there been or is there confusion about what a procedural hearing is and what is not?

Question 5 – Have virtual hearings had a positive or negative impact on access to justice? 3

Question 6 – Have virtual hearings had a positive or negative impact on open justice?

Question 7 - Have you attended a court hearing by telephone? If so, can you provide feedback on your experience of attending a court in this way?

Question 8 - How do you find the WebEx platform for conducting virtual hearings and are there any improvements you would like to see? 4

Question 9 – Should more use be made of hybrid hearings and if so, how do you envisage these working? By hybrid hearings we mean a hearing where the judge or sheriff is sitting in court, with the potential for everyone to attend in person, and one or more other participants attend remotely. Does it matter who is attending remotely (eg lawyer, witness, party)?

Question 10 - Did you encounter any technical difficulties during a virtual hearing or a hybrid hearing? If so, can you provide details on how the issue was resolved and if you were able to meaningfully participate? 5

Question 11 - Overall do you support virtual attendance at court or do you feel that more civil business should return to being held in person? Please give reasons for your answer.