Options hearing
An options hearing is the first time the case is heard before a sheriff. They hear the pleadings of the parties and then decide what option is best suited to the case.
The sheriff may:
•decide the case for either party; or
•set a hearing on a preliminary point that requires both evidence and submissions on the law (this is known as a ‘proof before answer’); or
•set a hearing on a preliminary point that requires only legal submissions: this is known as a ‘debate’; or
•set a hearing on the merits of the case that requires evidence to be established before the court (this is known as a ‘proof hearing’); or
•if they think the parties need to address further issues before fixing the substantive hearing, set a date for a procedural hearing and ask one or both parties to deal with certain matters before that date.
The options hearing can be rescheduled once, for no more than 28 days after the original options hearing.