Legal Definitions - box day

"Box day" was a historical term in Scots law. It referred to one of the specific vacation days formerly appointed for filing legal papers with the Court of Session.

In historical Scots law, a box day referred to specific, designated days during periods when the Court of Session (Scotland's highest civil court) was on vacation or recess. On these days, legal professionals could still formally submit or "file" documents related to ongoing cases, even though the court was not holding regular hearings. It allowed for the administrative progression of legal matters during breaks in the judicial calendar.

• Imagine a solicitor representing a client in a significant commercial dispute. The Court of Session has just begun its annual summer vacation, meaning no hearings are scheduled for several weeks. However, a critical deadline approaches for filing a detailed written response to an opposing party's motion.

  How it illustrates: On a designated box day during the court's summer recess, the solicitor would be able to formally submit their client's response to the motion, ensuring the case's administrative progress continues without having to wait for the full court session to resume.

• Consider a situation where a crucial new piece of evidence emerges in a civil case just as the Court of Session is entering its Christmas break. The legal team believes this evidence needs to be formally introduced to the court record as soon as possible to avoid any delays once the court reconvenes.

  How it illustrates: Instead of being forced to wait until the court's official return from vacation, the legal team could utilize a box day scheduled during the Christmas recess to formally file the new evidence, ensuring it is properly lodged with the court and ready for consideration when proceedings resume.