How to Prepare Evidence for a Simple Procedure Hearing in Scotland

If your Simple Procedure claim in Scotland reaches a hearing, the evidence you bring — and how you organise it — determines whether you walk out with a decree or a dismissal. The Sheriff decides on the facts, and the facts are whatever you can prove with documents and witness testimony.

Form 10A: Your Evidence List

At least 14 days before the hearing, you must lodge Form 10A — a list of every document you intend to rely on. This includes contracts, invoices, receipts, bank statements, text messages, emails, photographs, repair estimates, and any expert reports.

Each item should be numbered and clearly described. The Sheriff and the respondent both receive your list, and anything not on it may be excluded at the hearing. Don't wait until the day to spring surprise evidence — Simple Procedure is designed to be transparent.

Form 11A: Your Witness List

If anyone other than yourself will give evidence, you need to lodge Form 11A — a list of witnesses — at least 14 days before the hearing. For each witness, provide their name, address, and a brief note of what they'll speak to.

Witnesses give their evidence at the hearing and can be cross-examined by the respondent. For vulnerable or child witnesses, a party can apply for special measures such as video-link testimony. If a witness is reluctant to attend, you can ask the court for a witness citation ordering them to come, but this is unusual in Simple Procedure cases.

Organising Your Evidence Bundle

The Sheriff doesn't have time to hunt through loose papers. Prepare a numbered bundle:

1. Tab each document with numbered dividers matching your Form 10A list
2. Include originals where possible — bring copies for the Sheriff and the respondent (three sets total)
3. Highlight relevant passages in longer documents, but don't obscure the surrounding text
4. Chronological order usually works best — it mirrors your statement of facts

For text messages and WhatsApp conversations, screenshots work. Print them clearly, date them, and make sure both sides of the conversation are visible. The Sheriff needs context, not cherry-picked messages.

What Makes Strong Evidence

Contracts and written agreements are the foundation. Even informal written quotes from a tradesperson or a text message confirming a price counts.

Payment records — bank transfers, card statements, receipts — prove money changed hands and when.

Demand letters and correspondence show you tried to resolve things before going to court. Include the recorded delivery tracking confirmation.

Photographs of defective work, damaged property, or the condition of goods. Date-stamp them if you can, or note when and where they were taken.

Independent expert estimates carry significant weight. If a builder did faulty work, a remedial estimate from another builder quantifies the loss.

What to Expect at the Hearing

Simple Procedure hearings are designed to be informal. You'll address the Sheriff directly — no wigs, no formal pleadings. The Sheriff may ask you questions to clarify points.

Typically, the claimant presents first: you explain your case, refer to your documents by tab number, and answer the Sheriff's questions. The respondent then presents their side. Either party can ask the other questions (cross-examination), though the Sheriff keeps things focused.

Dress neatly, arrive early, bring all three copies of your evidence bundle, and address the Sheriff as "Sheriff" (not "Your Honour" — that's English).

Our Scotland Simple Procedure guide includes an Evidence and Witness Organiser worksheet and a Hearing Preparation Checklist to make sure nothing gets missed on the day.

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