Legal Definitions - Books of Sederunt

In Scots law, the Books of Sederunt refer to the official, historical records maintained by the Court of Session, which is Scotland's supreme civil court. These records document the court's formal decisions, procedural rules, and administrative orders, providing a comprehensive account of how civil law and court practice have developed and are applied in Scotland.

Here are some examples to illustrate the concept:

• Example 1: Establishing New Court Procedures

  Imagine the Court of Session determines that, to improve efficiency, all initial pleadings in certain types of commercial disputes must now be submitted electronically rather than in paper form. The formal decree or rule establishing this new electronic filing procedure would be officially recorded in the Books of Sederunt. This ensures that the change is publicly accessible, legally binding, and forms part of the court's established practice.

• Example 2: Recording a Landmark Legal Ruling

  Consider a complex case involving a dispute over inherited land rights, where the Court of Session delivers a judgment that significantly reinterprets an old statute or clarifies a previously ambiguous area of property law. This landmark decision, which will serve as a precedent for future cases, would be meticulously documented within the Books of Sederunt. This record preserves the court's reasoning and the new legal principle for reference by lawyers, judges, and legal scholars.

• Example 3: Implementing Administrative Changes

  Suppose the Court of Session decides to adjust its annual calendar, perhaps by extending the summer recess by a week or altering the dates for specific court terms. The official order authorizing these administrative changes, which affect the operational schedule of the court, would be formally entered into the Books of Sederunt. This ensures that all changes to the court's operational framework are transparently recorded and communicated.