What to Expect When Going to the Sheriff Court

Going to court can feel intimidating, especially if it’s your first time. Whether you’re raising a civil action, defending one, or simply attending as a witness or supporter, it helps to understand what to expect.

In Scotland, most civil legal disputes are dealt with by the Sheriff Court. These courts are found in towns and cities across the country, and while the legal process is broadly the same everywhere, your experience might differ slightly depending on where your case is heard.

This article explains what happens when you go to the Sheriff Court for a civil matter, using straightforward language to help anyone feel more prepared and informed.

🏛 What is the Sheriff Court?

The Sheriff Court is the main court for civil cases in Scotland. Each Sheriff Court deals with a wide range of disputes, such as:

• Debt and money claims (e.g. someone owes you money or you’re being asked to pay)
• Disputes about property or leases (e.g. a landlord-tenant issue or boundary problem)
• Family law cases (e.g. divorce, contact with children)
• Personal injury claims (e.g. accidents at work or in public places)

📝 Before the Court Hearing

You’ll usually receive formal paperwork called a writ, initial writ, or claim form, depending on the type of case. This paperwork will tell you:

• What the case is about
• Who is raising the action (the pursuer)
• What they want the court to decide
• When you need to respond or appear

If you’re the person being sued (the defender), it’s important not to ignore the paperwork. You may need to submit a response form or contact a solicitor.

⚖️ Different Types of Procedure

Civil cases in the Sheriff Court follow one of three main procedures:

Simple Procedure (for claims up to £5,000) 

• Designed to be quick and informal
• Often used for things like unpaid bills or damaged goods
• You can represent yourself or instruct a solicitor
• Held in private rooms or less formal courtrooms

Ordinary Procedure (for claims over £5,000 or complex matters)

• Follows formal rules and timelines
• Common for family law and higher-value cases
• Usually involves legal representation
• Evidence and witnesses are heard at a full hearing or “proof”

Summary Applications & Special Procedures

• Used for certain specific issues (e.g. licensing appeals, adults with incapacity)
• Often a shorter and more focused process

🏙️ City Courts vs. Local Courts: What’s the Difference?

All Sheriff Courts operate under the same legal rules, but the experience can vary depending on where you’re attending:

• City courts (e.g. Glasgow, Edinburgh, Aberdeen):

• • Busier with more cases
  • More likely to have delays or waiting times
  • Often multiple sheriffs sitting at once
  • May feel more formal and structured

• Smaller town courts (e.g. Oban, Lerwick, Selkirk):

• • Fewer people, often quicker to get to your case
  • You might know some of the court staff or solicitors
  • A more personal, sometimes less intimidating setting

No matter where you go, sheriffs are trained to be impartial and professional, and court staff are usually happy to guide you through the basic process.

👩‍⚖️ On the Day of Your Court Appearance

Here’s what typically happens when you attend court:

• Arrive early – Courts usually open at 9am. Check the notice board for your case or ask at reception.
• Dress smartly – You don’t need a suit, but tidy clothing shows respect for the court.
• Bring documents – Any letters, notes, or evidence you need.
• Wait to be called – You may be in a waiting area until the clerk calls your name.
• Courtroom layout – The sheriff sits at the front, and each party has a table. Witnesses wait outside until called.
• Speaking in court – Be polite and only speak when asked. If you’re unsure, your solicitor can guide you.

👨‍⚖️ Who’s Who in the Courtroom?

• Sheriff – The judge who hears the case and makes the decision.
• Clerk of Court – Keeps the case running smoothly and helps with paperwork.
• Solicitor or Advocate – Represents you or the other party.
• Witnesses – People giving evidence.
• Members of the public – Most civil hearings are open to the public, but some (like family cases) are held in private.

👂 Giving Evidence

If your case goes to a hearing or “proof”, you or your witnesses may have to give evidence. This usually involves:

• Taking an oath or affirming to tell the truth
• Answering questions from your own solicitor
• Being cross-examined by the other side’s solicitor

The sheriff may also ask questions to clarify things.

📜 After the Hearing

Once the hearing is finished:

• The sheriff may give a decision on the day or “reserve judgment” (give it later in writing).
• The court will send you a copy of the written decision, called an interlocutor.
• If you win, the court may also award you expenses (costs).
• If you lose and disagree with the decision, you may be able to appeal, but this depends on the type of case and legal advice.

🧾 Do I Need a Solicitor?

Not always – but it’s often a good idea, especially if:

• The case involves a lot of money
• You’re unsure about the law
• You’re nervous about speaking in court

Even if you plan to represent yourself, many solicitors offer a one-off consultation to help you prepare.

💰 Costs and Legal Aid

Court cases can involve costs, such as court fees, solicitor fees, and paying expenses if you lose. However:

• You may qualify for legal aid if you’re on a low income
• You may be able to represent yourself in simple cases
• In some cases, expenses are limited or not awarded

Your solicitor or the Scottish Legal Aid Board can explain your options.

📌 Final Tips

• Be organised – Keep copies of all paperwork and letters
• Ask questions – Court staff can’t give legal advice, but they can explain the process
• Stay calm – It’s normal to feel nervous, but sheriffs are used to dealing with people who aren’t familiar with court

Need Advice?

If you’re unsure about what to expect or need help with your case, speaking to a solicitor can make a real difference. A civil solicitor can guide you through the process, help prepare your case, and represent you in court if needed.

If you need to attend court and need advice or you simply wish more information, then please contact our experienced Civil Court solicitors on 01259 723 201 or contact help@randa-fa.co.uk and we would be delighted to assist