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A sheriff court (Scottish Gaelic: Cùirt an t-Siorraim) is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary.
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.
A Rules Council for the Court of Session and another for the Sheriff Courts were established fashioned on the Rule Committee of the Supreme Court in England. They were given a power to draft rules regarding any matters about which Acts of Sederunt may be made. These were then to be submitted to the Court which might enact them (with or without ...
Originally, the Council's only function in relation to Acts of Sederunt was to prepare draft civil procedure rules for the Court of Session and sheriff courts, but this was expanded by the Courts Reform (Scotland) Act 2014 to include preparing draft procedural rules for the Sheriff Appeal Court and draft fees rules, and by the Inquiries into ...
The Sheriff Appeal Court's foundation was one of the results of, then Lord Justice Clerk, Lord Gill's Scottish Civil Courts Review (published in 2009), which identified several ways in which civil justice could be expedited through improving access to justice, reducing costs for parties litigant, and reducing the time to conclusion of cases.
The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as a body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts.
Acts of Sederunt regulate civil procedure in the Court of Session, the sheriff courts of Scotland (including the Sheriff Appeal Court and Sheriff Personal Injury Court), and in the tribunals of Scotland. The Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover.
The Sheriff Personal Injury Court is a Scottish court with exclusive competence over claims relating to personal injury where the case is for a work-related accident claim in excess of £1,000, where the total amount claimed is in excess of £5,000, or where a sheriff in a local sheriff court remits proceedings to the Personal Injury Court.