Legal Definitions - act of sederunt

An act of sederunt is a specific type of legal rule or regulation unique to the Scottish legal system. These rules are issued by the Court of Session, which is Scotland's highest civil court. Their purpose is to establish and govern the procedures and practices within the Court of Session itself, as well as in other civil courts throughout Scotland. Essentially, they are the procedural guidelines that ensure civil cases are handled consistently and efficiently within the Scottish legal system.

Here are some examples of how an act of sederunt might be used:

• Implementing Digital Filing Requirements: Imagine the Court of Session decides to modernize its operations by requiring all legal documents for civil cases to be submitted electronically rather than in paper form. To put this significant change into effect, the Court of Session would issue an act of sederunt. This regulation would detail the technical specifications for digital submissions, deadlines, acceptable file formats, and any new procedures lawyers must follow when filing documents online. It directly regulates the "procedure" in the civil courts by dictating how documents are to be submitted.

• Adjusting Court Fees for Civil Actions: Suppose the Scottish Government, in consultation with the judiciary, determines that the fees charged for initiating certain civil actions (such as divorce proceedings or property disputes) need to be updated to reflect current administrative costs or policy changes. An act of sederunt would be the legal instrument used by the Court of Session to formally introduce these new fee structures. This regulation would specify the revised amounts, when they come into effect, and any exemptions, thereby regulating a key aspect of "procedure" in civil courts related to access and administration.

• Creating an Expedited Process for Small Claims: To make the justice system more accessible and efficient for minor disputes, the Court of Session might identify a need for a simplified and faster process for small claims cases (e.g., disputes involving small sums of money or minor contract breaches). The Court of Session would issue an act of sederunt to establish these new, expedited procedures. This regulation would outline specific rules for how small claims are filed, heard, and resolved, including shorter timelines, simplified evidence requirements, and potentially different appeal processes. This directly regulates the "procedure" for a particular type of civil case in the lower civil courts.