Evidence and submissions

The First-tier Tribunal has the power to give orders about any of the following:

• issues on which it requires evidence or submissions
• the types of evidence or submissions to be provided
• whether the parties are permitted to provide expert evidence
• any limit on the number of witnesses who can be put forward
• how and by when any evidence or submissions need to be provided (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) (rule 15(1)(a),(d) and (f)).

The First-tier Tribunal can also decide if the evidence or submissions should be made:

• orally at a hearing
• by written submissions or witness statements (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) (rule 15(1)(e))

The First-tier Tribunal can exclude evidence that would otherwise be admissible in any of the following situations.

• the evidence is not provided within the time allowed by the First-tier Tribunal and no reasonable excuse is provided for missing the deadline
• the evidence is not provided in the way that does not comply with an order or practice direction and there is no reasonable excuse provided
• the Tribunal considers it would be unfair to admit the evidence ​​​​​​​​​​​(The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) (rule 15(2))

The First-tier Tribunal cannot consider evidence provided after it has made a decision about the appeal.

The First-tier Tribunal can admit evidence where it:

• would or would not be admissible in civil proceedings in Scotland
• was or was not available to a previous decision maker ​​​​​​​​​​​​​​(The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) (rule 15(3))