Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of the country's civil courts, namely the Court of Session and sheriff courts.
Civil procedure is regulated by Acts of Sederunt which are ordinances passed by the Court of Session. Rules for the functioning of the Court of Session were decided upon by the Court of Session Rules Council, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988[1][2] and those for the Sheriff Court were agreed on by the Sheriff Court Rules Council, which is the body responsible for reviewing the Sheriff Court civil procedure under review.[3] Primary legislation may also be enacted to regulate civil procedure, such as the Civil Evidence (Scotland) Act 1988 which removed requirements for corroborating evidence.[4] However, rules for both the Court of Session and sheriff courts are now decided upon by the Scottish Civil Justice Council.
Since the enactment of the Human Rights Act 1998, civil procedure has increasingly been shaped by case law from the European Court of Human Rights.[citation needed]
^Court of Session Rules Council, Scottish Court Service, retrieved 22 November 2007
^"Section 8, Court of Session Act 1988", Acts of the United Kingdom Parliament, vol. 1988, no. 36, Office of Public Sector Information, p. 8, retrieved 29 August 2009, The Rules Council established under section 18 of the [1933 c. 41.] Administration of Justice (Scotland) Act 1933 shall continue
^"Sheriff Courts (Scotland) Act 1971", Acts of the United Kingdom Parliament, vol. 1971, no. 58, UK Statute Law Database, pp. 32–34, 27 June 1971, retrieved 29 August 2009, the Court of Session may by act of sederunt regulate and prescribe the procedure and practice to be followed in any civil proceedings in the sheriff court
^"Civil Evidence (Scotland) Act 1988", Acts of the Parliament of the United Kingdom, vol. 1988, no. 32, UK Statute Law Database, 29 July 1988
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