The interlocutor in sequestration
proceedings which confirms the appointment of the trustee
Proceedings instituted by a person in a
Regulations as to court procedure made by
the High Court of Justiciary in criminal law.
Acts passed by the Lords of Council and
Session relating to civil procedure.
the performance of a certain act.
the purpose of founding jurisdiction
Referring only to a particular case or to
a specified set of circumstances.
In the meantime.
An action used to take possession of
heritable property, i.e. where a seller of land refuses to give a
conveyance to the buyer, or as a means of taking a debtor’s land to
satisfy his creditor’s claim for debt.
Will or intention
The formal act whereby the defender in an
action intimates his intention to defend.
Legal attachment of money or moveable
property in the hands of a third party.
Articles of Roup
Conditions of sale by auction.
The transfer of a right from one party to
In Scotland this word is occasionally and
formally used to mean a jury.
Criminal - to acquit or find not guilty. Civil - to find for the
Auditor of Court
A person charged with the duty of
examining accounts. The Auditors of the Court of Session and Sheriff
Courts respectively examine and are said to “tax” accounts of expenses
incurred by parties in civil actions in the respective courts.
To state or allege.
Judgement deferred (verbal or written decision to be given later).
(i) In Admiralty proceedings the security
given to obtain the release of a ship. (ii) In criminal proceedings an
arrangement for the release of an accused person pending trial or
sentence formerly requiring a deposit of money subject to forfeiture but
under recent statutory provisions replaced in most cases by a
conditional release subject to penalties.
and Disposition in
Mortgage secured over real (heritable)
Where the Court appoints someone to act
on behalf of another (judicial factors etc.) it requires that they put
up some cash (the bond) so that they will act properly. If they don’t
those who are disadvantaged have something there to recompense them.
Note - ‘Caution’ is pronounced to rhyme with
The books or records of the Justiciary
A popular title for the Registers of
Probative Writs in which, according to
the directions they contain, deeds, etc., may be registered for
preservation or preservation and execution.
Records of the Acts of Sederunt in the
Court of Session.
For the sake of brevity
“Warning”. A legal document lodged in
court by a party so that no order or ruling affecting him passes in his
absence or without his receiving prior notice..
The court held by the judges of the High
Court of Justiciary when they sit
other than in Edinburgh.
(i) To summon to court, whether of party,
witness, or juror. (ii) To refer in argument to some authority such as a
statute or decided case.
Cognitionis causa tantum
An action raised by creditor of a
deceased debtor for purpose of constituting his debt against the estate.
College of Justice
A formal name of the Court of Session.
The College of Justice includes advocates, solicitors, court staff and
others, as well as the judges.
Relating to establishing the succession
rights and disposal of a deceased persons estate.
The Court which grants a title to
Executors or Administrators.
A document instituting summary (minor)
criminal proceedings in a sheriff or district court setting out the
appearance of a Defender.
The conclusion in a Court of Session
summons is the statement of the precise order sought. To conclude foris
to claim in this fashion.
A printed or written statement in an
action setting forth the grounds of action of the Pursuer.
title of the Executor (Testate = where there existsa will).
title of the Executor (Intestate = where there is no will).
The deposit in court or with a third
party under court authority of money or an article in dispute.
Relating to family matters It Is derived
from consistorium, the place where theEmperor’s council met. The bishops
used it for their courts and thence the adjective consistorial came to
be used as descriptive of the court of the commissaries and of the court
of the commissaries and of the actions which were tried there. In modern
use, as applied to actions, it has been narrowed down to mean actions
between husband and wife or parent and child which involve status.
In Scotland a member of the Faculty of
Advocates practising at the Bar.
The estate which the husband has for life
in the real estate left by his wife.
A person to whom another person (or
debtor) is obliged in some monetary or other obligation.
A person either entitled by law or
appointed by the court or an individual to administer the estate of
another, as of a young or insane person. Commonly mispronounced curator.
Criminal Appeals /
Criminal appeals result from summary
work. Justiciary appeals result from solemn work.
Curator ad litem
A person appointed by the court to look
after the interests of a party to proceedings who is under legal
disability but has no guardian.
The person appointed by the court to
manage the estate of a young person in place of his legal guardian or to
manage the estate of an adult suffering from mental or less commonly,
people are too young, or infirm, to look after
Judicial Factor Accounts
own (financial) affairs they have someone appointed to do so (a curator
or judicial factor). These appointments are made by the Court and those
appointed have to account for their intermission on the estate of the
now known as a “Residence Order”
Approximation: as near as possible
Intermediate step in procedure which can
result in the conclusion of a civil case prior to proof proceeding.
A person obliged to pay some monetary or
other obligation to another (the creditor).
An extremely formal verb meaning to give
final decree or judgement, formerly but no longer necessary to warrant
the issue of extract (copy of) the judgement.
The common term for a final judgement.
(The word as a term of art is accented on the first syllable). Thus
decree arbitral, the decision of an arbiter; decree conform, a decree
given by the Court of Session in aid of a lower court to enable
diligence to be done.
Decrees in Absence
Applications to the court dealt with by
the Sheriff in his chambers in the “absence” of opposition thereto,
According to the fact: in point of fact.
The statement by way of defence lodged by
the defender being the party against whom a civil action is brought. The
plural signifies, presumably, that the defender may rely on more legal
answers than one.
A person who disputes the claim of the
pursuer and lodges defences.
faithful administration (This phrase is used to describe an oath perhaps
to a translator for a witness).
According to law, or in point of law.
Immediately, summarily, without attention
The date for hearing of a case for any
one of a variety of purposes, fixed by the court.
Execution against debtors; also a process
for procuring the recovery of writings from an opponent or third party
or for obtaining the evidence of witnesses before a commissioner.
grant transfer or alienate- applied usually to heritage.
The court in each district or island area
dealing with the most minor criminal offences and replacing the burgh or
magistrates courts as existing before the local government
reorganisation in 1975.
Title of Executor to additional estate
die (eo die)
The same day.
When a trial (either summary or solemn)
calls in Court it will either –
proceed (evidence will be led by the Crown and the Defence);
Evidence will be partly led and the trial continued to another date;
The trial may be adjourned to another date for some reason (with no
evidence led); or
may be disposed of either the Crown no longer proceeds or a plea to the
charge is accepted.
Executor appointed by the Court.
Executor named in a Will.
On the face of it; evidently
As holder of a particular office or
To discharge of liability. Thus a
judicial factor may seek exoneration and discharge at the hands of the
Proceedings are ex parte when the
party against whom they are brought is not heard, e.g. in interdict
proceedings an interim interdict may be granted ex parte.
To lodge the necessary documents in court
and to obtain a Grant of Confirmation in favour of an Executor of
From something done afterwards.
In the court’s or judge’s own initiative.
At the time. e.g. an ex tempore judgement
-given there and then.
A written instrument singed by the proper
officer, containing a statement of a decree and if necessary, a warrant
to charge the debtor and to execute all competent diligence against
person or property. To extract is to procure this instrument.
Extract Decree /
Each step of an Ordinary Action (one
other than a
summary cause or small claim) is recorded
in an interlocutor. It is a short summary of what has happened to the
case each time it comes before the Sheriff. A copy of the interlocutor
is enough in some instances to carry out the order of the Court (what
the Sheriff had decided). An extract decree is required where an
interlocutor would not do and a more formal document is required.
The word today occurs perhaps most often
in the expression extra-judicial expenses, meaning expenses incurred out
with the normal course of judicial proceedings and as such not normally
recoverable by a successful party from his opponent.
Perpetual ground rent.
The person entitled to the fee of say
Land or Securities which may be liferented by another.
Let it be done as prayed for.
First order in proceedings. Term normally
used for liquidations, sequestrations and other civil matters
being applied to a court which although
having jurisdiction is not the appropriate court for the matter in
The property or money in the hands of the
holder of the fund in an action of multiplepoinding.
Of full blood; born or deceased of the
same father and mother.
In the manner competent.
Nearest heirs including representatives of predeceasers
entitled to succeed to moveable estate as opposed to heritage.
term for property in the form of land and houses.
A deed or writing written entirely by the
grantor. Where printed or otherwise mechanically produced or written by
another the grantor may “adopt as Holograph” which has the same effect
as if wholly written by the grantor.
In the same place
applied to a person, signifies legal, mental, or physical incapacity.
An accusation of crime running in the
name of the Lord Advocate, tried by a jury in serious cases in the High
Court or sheriff court. A document setting out the charge(s) against the
accused in more serious crimes (known as - Solemn Crime). For less
serious crimes, see - Summary Crime.
As applied to a decree of the court
signifies that it has been granted against a party for whom defences or
answers have been lodged, as opposed to decree in absence.
A writ which prohibits a debtor from
burdening his heritage or parting with it to the detriment of
For the time being, at this stage.
The document by which civil proceedings
in the sheriff court are normally initiated the corresponding document
in the Court of Session being the summons.
In the case or action.
to leave the country.
The two appellate divisions of the Court
of Session, so-called originally on the simple topographical ground that
their courts lay further from the entrance to the courthouse than did
the Outer House.
presence of the Lords (usually seen as the abb
I.P.D. after the signature of the chairman of the Appeal Court).
Evidence taken to lie in retentis
– to be laid aside until the proper time arrives for adducing it
The state of being unable to pay one’s
person, usually an accountant or solicitor, qualified in terms of the
Insolvency Act 1986 to act as liquidator or supervisor in relation to a
company or as trustee or supervisor in relation to an individual.
The part of a summons or writ in which
the parties to the action are identified.
An injunction or order of court made
during the course of an action.
decision of the action.
Mandatory step in criminal proceedings
which allows the court to check whether the case is likely to proceed on
the trial diet assigned. Potential to free up space in the diary, helps
to reduce waiting periods. Minimises inconvenience to witnesses etc.
among other things.
The judicial prohibition issued by the
Court of Session or Sheriff Court comparable with the English injunction
In an emergency, interim interdict can be obtained ex parte.
A court order sought to prevent a particular action being carried out.
As applied to the ruling of a court,
temporary or partial, e.g. in matters of interdict.
Written questions adjusted by the court,
to be put to witnesses examined under a commission.
Between living persons.
Inventory of Deceased’s
of deceased estate.
Inventory of Process
of the documents in a court process
By that very fact
By the law itself
Usually a solicitor or accountant
appointed by the court in specific matters.
A remedy whereby the Court of Session may
review and if necessary rectify the decision of inferior courts,
tribunals and other public officers and authorities where no other form
of appeal is available.
(i) In international law the power of the
state to enact and enforce legislation. (ii) In national systems the
power of a court to entertain particular cases as determined by factors
such as location or district or the value or type of the case.
A group of lay persons chosen to decide
upon issues of fact in legal proceedings.
The right of a widow (one half or one
third as the case may be) in her deceased husband’s personal estate.
The right of a widower (one half or one
third as the case may be) in his deceased wife’s personal estate.
second in dignity of the Scottish judges, who presides over the Second
Division of the Court of Session.
highest criminal judge in Scotland. The position is, in modern times,
held by the Lord President.
This occurs when a case is down for trial
or proof etc.
cannot proceed because other business
takes priority on the day. Witnesses etc. inconvenienced, waiting
legal share (one half or one third as the case may be) of a parent’s
free moveable estate due on death to the children.
An estate for life as opposed to the fee.
Legal liferents are Terce (dower) and Courtesy.
The procedure for winding up and
dissolving a corporate body such as a limited company, the person
appointed to ingather assets and adjust and settle claims being called
In place of a parent.
In the place of a tutor.
An ornamental staff of authority borne by
a macer before a judge of the Court of Session or High Court of
Justiciary and displayed in his
court while it is sitting.
Any structure provided by one or both
spouses and forming a family residence.
Formerly called Officers-at-Arms, are
officers appointed by the Lord Lyon King of Arms, whose function is to
execute civil and criminal process of the Court of Session and High
Court of Justiciary.
Missive of Sale
Agreement setting forth terms of sale.
Deeds made in contemplation of death.
An application made in court for some
subsidiary purpose during the course of an action.
action to determine the rights of parties to a fund in dispute and to
release the holder of the fund from any claim for repetition.
the necessary alterations, e.g in a document or clause applying to
Survivors of a class nearest in degree
including representatives or predeceasers in that class.
The noble office or duty of the Court of
Session; an equitable jurisdiction in virtue of which the court may,
within limits, mitigate the strictness of the common law and provide a
legal remedy where none exists.
of Appeal /
When someone wishes to appeal from the
Court to the High Court, they do so by
either method. If they wish to appeal against sentence only (i.e. the
severity) they appeal by note of appeal. If they wish to appeal against
conviction and/or sentence they appeal by stated case.
Non existent of lacking legal force as
applied to acts or writings which are null and void: also applies to a
marriage affected by an inherent defect such as existence of a prior
marriage or relationship within a prohibited degree.
In court proceedings the undertaking by a
witness to give truthful evidence, the alternative for a witness having
no religious belief being affirmation.
On account of connection or similarity
Opinion given incidentally
obey, usually of the decree or order of a court.
A statement by a court or judge of
reasons for the decision in a case.
All civil actions which because of their
value or complexity are started as this. The case is detailed in an
Civil proceedings as above (wider
ranging, including divorce etc.). Monetary claim £1500 and above.
The judges who try cases at first
instance in the Court of Session.
The part of the Court of Session which
exercises a first instance jurisdiction. Cf. Inner House. The
Supreme Court is split into these two Houses. The Judges in the Outer
House deal with ‘first instance’ (new work) which has not been before a
‘Court’ but may have been before a tribunal or panel. See also - Inner
To share and share alike or ranking
equally, e.g. in the case of claims or security rights.
Oral evidence of witnesses, as contrasted
with documentary evidence.
Through negligence, mistake or error.
The crime committed by a witness in court
proceedings involving the affirmation of a deliberate falsehood on oath
or on an affirmation equivalent to oath.
By descent, i.e. through parent and not
in own right. (Where per stripes the share which would have
fallen to the predeceasing parent if alive is divided equally among his
A document by which court proceedings are
initiated - like a summons but used for specific types of case. Can have
various meanings. An indictment originally calls as a petition until the
Crown are in a position to indict the accused on the charges. In civil
business the term also relates to certain types of applications to the
Petition and Complaint
procedure in the Court of Session where the remedy sought is a
punishment for failure to obtemper a decree.
Date assigned for case to call and for
plea to be given i.e. guilty, not guilty, insane etc.
A short proposition at the end of a
written case showing exactly the remedy sought and why.
(i) The decision of a court regarded as a
source of law or authority in the decision of a later case. (ii) A form
of deed or writ regarded as basically satisfactory and accordingly
suitable for use or adoption in legal practice.
Preliminary statement by a witness.
take a precognition.
The highest civil Judge in Scotland who
presides over the First Division of the Court of Session.
Proceeded to Evidence
Similar to evidence led but in a civil proof.
Literally, the procurator for the fiscal
or treasury; now the style of the public prosecutor in the sheriff
An article produced as evidence in court.
A document used as a form or style.
In an undivided state, usually in
relation to property held by several persons.
loco et tempore
Without place and time.
As not written.
In addition to its general meaning, this
word has the formal sense of the determination of a case by a judge
alone after hearing the facts (the evidence). Where evidence is heard on
the facts before questions of law are determined, there is said to be a
proof before answer.
Continue or extend
For so much
The person suing in an action. The
English equivalent is plaintiff.
Forthwith or as soon as possible.
An amount fixed or specified in money as
in a claim for damages.
For as much as it is worth.
As if, as though.
As regards everything else.
A person appointed to enforce the rights
and remedies of the holders of a floating charge over the assets of a
company which is in default in relation to the claim or debt which the
The statements of their respective claims
and answers by parties to an action, lodged in court; when finally
adjusted it is closed by order of the court and becomes the closed
record; up to then it is the open record. When used in this sense the
words bears the accent on the second syllable.
Where documents etc. (productions) are
likely to be
used to prove a case, they sometimes
require the Court to grant authority to receive them from a third party
e.g. x-rays from a hospital.
To annul or set aside by legal process.
Register of Inhibitions
Register of Notices of personal diligence which
affect the voluntary conveyance of real
Register of Sasines
Register of Titles to land and heritable property in Scotland.
The transfer of some matter by one judge
to another, but more often by a judge to a person named as, e.g. to an
expert “a man of skill”, in order that the latter may inquire and
A Scottish court does not overrule a plea
or an objection, it repels it. The opposite is to sustain (or uphold).
To repone a defender is to restore him to
his position as a litigant when decree in absence has been given against
him. Also competent in, e.g. case of failure to lodge documents in
appeal to Court of Session.
A person appointed to hold a public
inquiry; also applied to professional persons, lawyers or others, to
whom the court may remit some aspect of a case for investigation or
advice; to the officers responsible for bringing cases before children’s
panels; also to those who prepare and compile the published reports of
cases decided by the courts.
A formal order by a court in relation to
whom the child of a relationship should be with.
Resident Sitting Days
resident refers to the resident Sheriff at that Court as opposed to a
Sheriff sitting temporarily- i.e. the solicitor used as Temporary
Sheriff and arranged by Operations and Policy Unit.
The thing done or the transaction speaks
A question decided by competent legal
proceedings, which cannot again be raised.
The party in a civil action defending on
of a right to him who gave it
Revision by a higher court on appeal.
Official lists of cases as set down for
hearing. Thus, in the Outer House of the Court of Session there is a
motion roll; a procedure roll, of cases in which preliminary pleas are
to be decided; and the summar roll of cases in the inner house which
call for hearing. The single bills is also a roll of the Inner House,
being that in which motions are entered for hearing.
A chapter heading.
from anything already advanced or pleaded.
To render bankrupt. Strictly, it is a
person’s estate which is sequestrated or set aside for the use of his
creditors. To sequestrate for rent is to take the furniture, etc., on
leased premises to satisfy a claim for rent. Sequestration therefore
means a process of bankruptcy, except where qualified by the words “for
Service of heir
The Court process by which an heir proves
and acquires a right or title to real estate of an ancestor.
A qualified person who sits in judgement.
In the sheriff court (there are 49 sheriff courts) in Scotland.
The Seal of the Court of Session and a
sign of its authority. It is applied to a summons as authority to serve
the summons on the defender.
No day fixed.
Without whom nothing can be effectually
(i) To stay or stop process; (ii) To
summon or call as a party.
The number of possible days the Court
could have sat to deal with various types of business i.e. civil sitting
days, criminal sitting days.
Civil proceedings for payment, delivery,
repossession, implement of obligation (monetary claim not exceeding
£750). This type of simplified action was devised to allow the layman to
conduct the case without the need for employing a solicitor.
damages allowed in certain cases in addition to actual loss – for injury
Serious criminal offence(s). Proceedings
commence by way of a petition and may proceed to an indictment. Maximum
penalties on indictment -5 years imprisonment, unlimited fine. (Common
law). Statute may direct higher penalties for certain statutory
offences. For less serious crimes, see - SummaryCrime.
The procedure under which a person
charged on indictment is tried by a judge of the High Court of
Justiciary or a sheriff with a
jury of 15, the votes of eight being sufficient for a conviction.
An Act of Parliament.
Statutory Instrument (S.I.)
form in which orders, rules and regulations or other subordinate
legislation are now made superseding, since 1947, statutory rules and
orders (S.R.& O.).
As applied to criminal proceedings
denotes those taken otherwise than on indictment; in civil proceedings
in the sheriff court, the summary cause is the form of simplified
procedure now applicable to a fairly wide category of cases with a limit
of £1,500 in the case of pecuniary (i.e. monetary) claims. Summary
application is a comprehensive name for applications which can be
disposed of in a summary manner. Summary diligence denotes diligence
proceeding on a deed or document registered for execution or on certain
bills of exchange, in each case without an action constituting the debt.
A summary warrant is a warrant issued by the sheriff to a local
authority authorising diligence for the recovery of arrears of rates or
Civil proceedings as above (perhaps wider
ranging). Monetary claim £750 but not exceeding £1500.
Less serious criminal offence(s).
Proceeds by way of a complaint. Maximum penalties - 3 months
imprisonment, 6 months for 2nd/subsequent offence of dishonest
appropriation or violence; fine not exceeding £5000. (Common law)
Statute may direct higher penalty. For more serious crime, see - Solemn
Most importantly, the usual form of writ
in the Court of Session issued in name of the sovereign and containing a
royal mandate to messengers-at arms to cite the defender to the Court of
The grantor of a feudal right.
citatum (Sup cit)
thing substituted for another.
As applied to legal expenses or charges
including solicitors’ or advocates’ fees incurred in court proceedings
or otherwise means the scrutiny of the account by the Auditor of Court
to exclude or amend items unjustifiably included or excessively charged.
Tithes – the tenth part of the annual
produce of land out of which a minister’s wage was originally payeable.
The widow’s legal right of Dower in real
The tenth part of the increase annually
arising from the profits of land and stock, allotted to the clergy.
Criminal proceedings (when an accused
person has pled not guilty) where the court hears the evidence of
witnesses to the alleged crime(s).
A person or body of persons other than a
court of law, having power to determine claims or disputes of some
Trustee in Sequestration
Trustee in Bankruptcy.
guardian of an infant.
Last heir. The crown.
The meddling with the moveable estate of
a deceased without probate of the Will of other Title.
The decision of a jury on the matter or
matters submitted to it by the court.
One is seised or vest in real estate when
holding the same on a title recorded in the appropriate Register or
A person who takes proceedings primarily
for the annoyance or embarrassment of the defender and whose activities
in raising actions may be restrained by the Court of Session.
Volenti non fit injuria
Accepting the risk of injury.
The length of time between fixing a
trial, proof etc. and the case calling for that purpose.
Absolute warrandice is a warranting or assuring of property against all
A written authority, e.g. from a court,
authorising certain actions such as a search of premises or an eviction
of occupiers. Also used to signify a document evidencing a right of some
kind, e.g. in a title to heritable property. Formal permission bt the
Court to cite.
Documents of title.