What is an interlocutor?
Who must sign Interloquitor and then proceed to examine the Witnesses?
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What does interlocutor mean in law?
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue.
What does sisted mean in Scottish law?
Background/legislative and policy framework A sist means the temporary suspension of the processing of a case. When a sist is applied the case is held in abeyance for a specified period and the “clock” relating to our timescales to determine a case stops.
What is a hearing in a Scottish court called?
Proof. Where the Order refers simply to a “hearing”, the Court will expect to hold a full hearing at which all issues in the case can be dealt with. That is often referred to as a “proof”.
What does pro loco et tempore mean?
Desert pro loco et tempore To stop the particular indictment or summary complaint proceeding further without the facts being determined. Desert simpliciter To bring prosecution for a crime or offence on indictment or summary complaint to an end without the facts being determined.
Is an interlocutor a court order?
What does Interlocutor mean? A court order or decision.
What is a Scottish judge called?
Honourable. In relation to the judiciary, this title (often shortened to Hon) is given to judges who sit in the Supreme Courts in Scotland. Such a judge is referred to as The Honourable Lord/Lady followed by their surname, for example, The Honourable Lord Smith.
How long does procurator fiscal have to decide on a case?
You will normally have 28 days to make your decision, and you may need to take action within that period.
What is a defendant called in Scotland?
Defender: The Scottish term for someone defending a claim in an action, equivalent to “Defendant”.
What is the most powerful court in Scotland?
The High Court of Justiciary is Scotland's supreme criminal court. When sitting at first instance as a trial court, it hears the most serious criminal cases, such as murder and rape.
What does esto mean in law?
Et separatim - and separately. Esto when pleading an alternative case. Rei interventus - things intervening; that is, things done by one of the parties to a contract, in the faith of its validity.
What does deserted simpliciter meaning?
(2)If, at a diet of trial, the court refuses an application by the prosecutor to adjourn the trial or to desert the dietpro loco et tempore, and the prosecutor is unable or unwilling to proceed with the trial, the court shall desert the diet simpliciter.
What does Assoilzied meaning in law?
Assoilzied (Assoilzied simpliciter) To free, or to be absolved of guilt. Avizandum (Latin) When a judge decides to take time to consider a case, reach a decision and write the judgement, the court is said 'to make avizandum'.
How long can a case be sisted for in Scotland?
Sisted cases —(1) On cause shown, the court may sist a case either indefinitely or to a date or event specified. (2) Where a case is sisted for a party to obtain legal aid, the initial period of sist is to be the period needed for the party to lodge the application for legal aid.
What does the word sisted mean?
1. a court order stopping or suspending proceedings. verb (transitive) 2. to stop or suspend (legal proceedings)
What is a motion to SIST?
In Scots law, an application to sist is made where a party wishes to pause all procedure in proceedings. Normally a motion to sist must specify the length of time sought in respect of the sist. In England, the equivalent is a stay. Resource ID w-011-6308. © 2022 Thomson Reuters.
What does SIST mean in legal terms?
a stay or suspension of legal proceedings: a stay or suspension of legal proceedings also : an order for a stay of proceedings. sist. abbreviation.
What is an interlocutor?
INTERLOCUTOR, n. Also † interloqu (i)tor, -tur (e). Sc. Law: a term applied strictly to an interim order or decision of the Court of Session or of a Lor d Ordinary before final judgment is pronounced, but in practice applied to any order of the Court (Sc. 1782 J. Sinclair Ob. Sc. Dial. 218, 1946 A. D. Gibb Legal Terms 44). Also occas. of Church and municipal Courts. Used attrib. in comb. interlocutor sheets, the documents on which the Court's interlocutors are entered, which forms part of a process (Gibb). [ɪntər′lɔkjətər] Sc. 1709 W. Forbes Journal (1714) 340:
Who must sign Interloquitor and then proceed to examine the Witnesses?
Having determined the Relevancy of the points Lybelled and admitted to Probation, the Moderator must sign that Interloquitor, and then proceed to examine the Witnesses. Edb. 1742 J. D. Marwick Edb. Guilds (1909) 209:
What is a solicitor in Scotland?
On our website, this refers to: a solicitor who is a member of the Law Society of Scotland; an advocate who is a member of the Faculty of Advocates; a conveyancing or executry practitioner regulated by the Law Society of Scotland; a member of the Association of Commercial Attorneys.
Who is a liquidator in the Insolvency Act?
A 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.
What is the noble office of the Court of Session?
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.
What does "curator" mean in law?
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.
Which part of the Supreme Court exercises a first instance jurisdiction?
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 House.
Who is a member of the SLCC?
This refers to a Member or Commissioner of the SLCC who is: a solicitor who is a member of the Law Society of Scotland; an advocate who is a member of the Faculty of Advocates; a conveyancing or executry practitioner regulated by the Law Society of Scotland; a member of the Association of Commercial Attorneys or any person exercising a right to conduct litigation or a right of audience.
What is a court auditor?
A person responsible for examining legal 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.
What is an interlocutor?
INTERLOCUTOR, n. Also † interloqu (i)tor, -tur (e). Sc. Law: a term applied strictly to an interim order or decision of the Court of Session or of a Lor d Ordinary before final judgment is pronounced, but in practice applied to any order of the Court (Sc. 1782 J. Sinclair Ob. Sc. Dial. 218, 1946 A. D. Gibb Legal Terms 44). Also occas. of Church and municipal Courts. Used attrib. in comb. interlocutor sheets, the documents on which the Court's interlocutors are entered, which forms part of a process (Gibb). [ɪntər′lɔkjətər] Sc. 1709 W. Forbes Journal (1714) 340:
Who must sign Interloquitor and then proceed to examine the Witnesses?
Having determined the Relevancy of the points Lybelled and admitted to Probation, the Moderator must sign that Interloquitor, and then proceed to examine the Witnesses. Edb. 1742 J. D. Marwick Edb. Guilds (1909) 209:
