Legal Definitions - circumduction of the term

In Scots law, circumduction of the term refers to a formal declaration made by a judge indicating that the specific period allowed for the parties involved in a legal case to present their evidence has officially concluded. Once a judge makes this declaration, it generally means that no further evidence can be submitted or introduced into the proceedings, and the case will move forward to the next stage, such as legal arguments or a final decision.

Here are a few examples to illustrate this concept:

• Example 1: A Commercial Contract Dispute

  Imagine a Scottish company suing a supplier for failing to deliver goods on time, causing significant financial losses. The court sets a clear timeline, say six months, for both the company and the supplier to gather and submit all relevant evidence, including contracts, emails, financial records, and expert witness reports. Once this six-month period expires, the judge presiding over the case will make a formal declaration of circumduction of the term. This means that both parties can no longer introduce new documents or call additional witnesses to present evidence; the evidence phase of the trial is now closed.

• Example 2: A Family Law Case Regarding Child Custody

  Consider a situation in Scotland where parents are in a dispute over the primary residence and care arrangements for their children. The court grants a specific period for each parent to present evidence supporting their case, such as reports from social workers, school records, financial statements, and character references. After this designated period has passed, the judge will issue a circumduction of the term. This judicial act signifies that the window for submitting evidence related to the children's welfare and parental suitability has closed, and the court will proceed to make a decision based on the evidence already presented.

• Example 3: A Property Boundary Dispute

  Suppose two neighbours in Scotland are involved in a legal disagreement concerning the exact boundary line between their properties. The court allows a specific timeframe for them to submit evidence like historical deeds, land surveys, photographs, and expert opinions from surveyors. When this court-mandated period for evidence submission comes to an end, the judge will formally declare a circumduction of the term. This declaration ensures that no new surveys or historical documents can be introduced by either neighbour, and the court will base its judgment on the evidence that was submitted within the allowed timeframe.