Legal Definitions - act of court

An "act of court" generally refers to an official action, decision, or order made by a judge or a court during legal proceedings. It signifies a formal step taken by the judicial system.

In the specific context of Scots law (the legal system of Scotland), the term can also refer to:

• A written record or memorandum detailing the events and proceedings that occurred in a particular lawsuit.
• A procedural rule established by a sheriff to govern how cases are conducted within their specific jurisdiction (known as a sheriffdom or sheriffalty).

Examples:

• General Meaning (Judicial Action): During a complex civil lawsuit, the presiding judge issues an order requiring one party to disclose specific financial records to the opposing side within 30 days. This order is a formal directive from the court, compelling a particular action from a litigant.

  This illustrates an "act of court" because it is an official, binding decision made by the judge to manage the case and ensure fair discovery of information.

• Scots Law (Record of Proceedings): In a Scottish criminal trial for assault, the court clerk meticulously compiles a document that lists every witness who testified, the key pieces of evidence presented, and all the procedural decisions made by the judge, from the jury selection to the final verdict. This comprehensive document is then filed as part of the case record.

  This document serves as an "act of court" in Scots law, as it is a formal, written memorandum setting forth the complete proceedings of the lawsuit.

• Scots Law (Procedural Rule): The Sheriff Principal for the Glasgow and Strathkelvin sheriffdom issues a new rule stating that all applications for guardianship orders must now include a detailed care plan, submitted electronically, by a specific deadline before the hearing. This rule applies to all relevant cases within that sheriffdom.

  This new directive is an "act of court" under Scots law because it is a formal rule made by a sheriff to regulate how a specific type of legal proceeding is conducted within their jurisdiction.