Court Of Session Citation and commencement, etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Summary Application Rules 1999 Amendment) (Miscellaneous) 2017. 2 It comes into force on 18th September 2017. 3 A certified copy is to be inserted in the Books of Sederunt. Amendment of the Rules of the Court of Session 1994 2 1 The Rules of the Court of Session 1994 are amended in accordance with this paragraph. 2 After rule 49.32 (abandonment by pursuer), insert— Case management hearing 49.32A 1 When defences are lodged, the court must fix a date for a case management hearing. 2 The date fixed for the case management hearing must be not less than 4 weeks and not more than 8 weeks after the date on which defences were lodged. 3 At the case management hearing, each party must address the court on— a any matters that are capable of agreement; b the matters that are in dispute between the parties; c any matters of potential complexity or difficulty; d any documents likely to be relevant to the matters in dispute; e any valuations that are likely to be required; f any expert evidence that is likely to be required; g whether steps require to be taken to give a child an opportunity to express views; h whether steps require to be taken to investigate any facts or circumstances relating to a child; i the estimated duration of the proof; j further procedure; k any other issues that the court considers appropriate. 4 At the case management hearing, the court may— a order and fix a date for a further case management hearing; b order and fix a date for a pre-proof hearing not less than 6 weeks and not more than 8 weeks before the date fixed for the proof; c make such other orders as it considers appropriate for the expeditious progress of the cause. Pre-proof hearing 49.32B 1 The purpose of a pre-proof hearing is to ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed. 2 Where the court appoints a pre-proof hearing, the parties must provide the court with sufficient information to enable it to conduct the hearing as provided for in this rule. 3 At the pre-proof hearing, the court must consider— a the state of preparation of the parties; b whether the proof has been fixed for an appropriate number of days; c the extent to which the parties have complied with any orders made by the court; d whether special measures will be required for the purposes of taking the evidence of any vulnerable witnesses; e whether a live link may be required. 4 At the pre-proof hearing, the court may— a discharge the proof and fix a new date for it; b continue the pre-proof hearing; c order parties to lodge joint minutes, affidavits, and expert reports within such period as it considers appropriate; d direct how evidence is to be given by expert witnesses; e make an order authorising the use of special measures for the purposes of taking the evidence of any vulnerable witnesses; f make an order authorising the use of a live link; g make such other orders as it considers appropriate to secure the expeditious progress of the cause. . Amendment of the Summary Application Rules 1999 3 1 The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with this paragraph. 2 In rule 3.45.2(a)(iii) of Part XLV (mutual recognition of protection measures in civil matters) of Chapter 3 after “order” insert “or an interim trafficking and exploitation prevention order”. Amendment of the Act of Sederunt (Summary Application Rules 1999 Amendment) (Trafficking and Exploitation Orders) 2017 4 1 The Act of Sederunt (Summary Applications Rules 1999 Amendment) (Trafficking and Exploitation Orders) 2017 is amended in accordance with this paragraph. 2 For paragraph 2(2)(b)(ii) substitute— ii in paragraph (a)(iii) after “order” where it second occurs insert “or a trafficking and exploitation risk order or an interim trafficking and exploitation risk order”. . CJM SUTHERLAND Lord President I.P.D. Edinburgh 11th July 2017