1 Is it possible to initiate court proceedings via the internet?
No. Scottish Courts and Tribunals Service has a long term goal to provide services electronically, but does not provide this function currently. However, initiation of court proceedings by the internet will feature as a key objective as internal systems and processes are reviewed.
2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?
3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?
4 Should the details of the claim be provided in any particular format?
5 How is transmission and storage of data secured?
6 Is it necessary to use any kind of electronic signature and/or time record?
7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?
Court fees are payable and are prescribed in legislation. Once facilities are available for on-line applications, fees will also be payable electronically.
8 Is it possible to withdraw a claim that has been initiated via the internet?
9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?
10 In terms of the electronic procedure what happens if the defendant responds to the claim?
11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?
12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?
Yes, in a civil case it is possible, but only where both parties and the judge hearing the case agrees the format.
13 Can judicial documents, and particularly judgments, be served via the internet?
14 Can judicial decisions be given electronically?
No. However, if a case has gone to a full hearing and judicial determination by the court a copy of the court’s opinion may subsequently be published on the Scottish Courts and Tribunals Service website and/or Judiciary of Scotland website.
15 Can an appeal be made and its decision served via the internet?
16 Is it possible to initiate enforcement proceedings via the internet?
17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?
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