Lay representation
A person involved in civil court proceedings without representation from a solicitor is referred to as a ‘party litigant’. A party litigant can ask the court for permission for someone to help at the hearing. The court rules allow for two types of non-solicitor assistance during the court hearing.
•You can ask the court for permission for someone who is not a solicitor to speak on your behalf. They are referred to as a ‘lay representative’.
•If you intend to speak for yourself at the hearing, the rules allow someone to accompany you for moral support and advice, but they cannot speak for you. They are referred to as a ‘courtroom supporter’ (or sometimes a lay supporter or ‘Mckenzie Friend’).
There are rules that provide for lay representation in the sheriff court. Different court rules apply, depending on the type of civil action that has been raised.
•Simple Procedure Rules – Part 2.
•Summary Cause Rules – Chapter 2 and Chapter 2A.
•Ordinary Cause Rules – Chapter 1A.
•Summary Application Rules – Chapter 1A.
Asking for the court’s permission for a lay representative to speak on your behalf
You must complete a form to request permission for a lay representative to appear on your client’s behalf. The lay representative must sign a declaration that the court will consider when deciding whether they are suitable. Forms can be found by following the links below.
Simple procedure – Form 2A (lay representation form).1 Summary cause – Form A1 (statement by prospective lay representative for pursuer/defender).2 Ordinary cause – From 1A.2 (statement by prospective lay representative for pursuer/defender).3 Summary application– Form A1 (statement by prospective lay representative for pursuer/defender).4 More information can be found at .
Do not try to act out with your competence, it may backfire on other amateur representatives and organisations.