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Court personnel
 
Sheriffs/summary sheriffs
The sheriff is the judge who hears the case and decides the claim. Sheriffs sit at the front of the court facing the public. They usually wear a wig and gown, although when hearing simple procedure claims they may dispense with this formality.
The Courts Reform (Scotland) Act 2014 created a new judicial office in the sheriff court known as the ‘summary sheriff’. Summary sheriffs can deal with a range of the civil proceedings heard in the sheriff court, including family cases such as adoption, domestic abuse, appeals from the children’s hearings, arrest warrants, extension of time to pay debts and simple procedure.
 
Sheriff clerks
Sheriff clerks are responsible for the organisation of the work of the sheriff court. In the courtroom, they call out the case name and record the decision of the sheriff. In the sheriff clerks’ office, they advise on court procedures and help with filling out court forms (although they do not give legal advice).
 
Bar officers
Bar officers are responsible for keeping order in the court and for various practical matters such as finding out if someone is in the right court. It is useful to know who they are and how to find them.
Who to speak to
If you are attending court on behalf of a client, try to contact both the sheriff clerk and the opposing side (solicitor) to let them know you will be there and are attending on behalf of the client.
Turn up early and try to negotiate with the opposing side before the case is called – eg, getting them to agree to a time to pay application.
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. The forms are available from the Scottish Courts and Tribunals Service website.
Simple procedure – Form 2A (lay representation form).
Summary cause – Form A1 (statement by prospective lay representative for pursuer/defender).
Ordinary cause – From 1A.2 (statement by prospective lay representative for pursuer/defender).
Summary application – Form A1 (statement by prospective lay representative for pursuer/defender).
Do not try to act out with your competence. It may backfire on other amateur representatives and organisations.
The procedure
Normally, the case is called by the sheriff clerk and the creditor is asked to put their case forward, including what they want to happen.
Next, you or the client have the opportunity to do the same. Make sure you are prepared and have the necessary information and links to the legislation beforehand.
It is good practice to have a copy of all documents for the opposing side and the sheriff.
Next, there is a short discussion and, depending on which cause the hearing is in, the sheriff may decide there and then or arrange for a further hearing to hear evidence.
Be prepared to argue on a point of law and be clear what you are asking for.