Legal Definitions - contra non producta

Contra non producta is a specific legal decree in Scots law. It is issued by a court during a "reduction action," which is a legal proceeding where one party asks the court to declare a document or legal act invalid or void. If the party defending the challenged document fails to produce the original document in court when legally required to do so, the court can issue a contra non producta decree. This decree effectively declares the challenged document or deed to be void and without any legal effect, as if it never existed.

Here are some examples illustrating how contra non producta might apply:

• Challenging a Property Transfer Deed:

  Imagine a scenario where a family discovers that a valuable piece of ancestral land in Scotland was supposedly sold years ago through a deed they suspect was forged or improperly executed. They initiate a reduction action in a Scottish court to challenge the validity of this property transfer deed. The current occupant or owner of the land is legally ordered by the court to produce the original deed of sale that transferred ownership. If the current owner fails to produce the original deed, perhaps claiming it's lost or simply not complying with the court's order, the court could issue a contra non producta decree. This decree would declare the challenged property transfer deed void, effectively nullifying the sale and potentially restoring the land's ownership status to what it was before the voided deed.

• Disputing a Will:

  Consider a situation where a beneficiary believes that a recently presented will, which significantly alters the distribution of an estate in Scotland, is not the deceased's true last will and testament, perhaps due to undue influence or improper signing. They launch a reduction action to challenge the validity of this new will. The executor of the estate is then legally compelled to produce the original, signed will document for the court's review. If the executor cannot or will not produce the original will document as ordered, the court may issue a contra non producta decree. This would declare the challenged will void, meaning it would be treated as if it never existed, and the estate would likely be distributed according to an earlier valid will or the rules of intestacy (dying without a valid will).

• Invalidating a Company Resolution:

  A minority shareholder in a Scottish company suspects that a critical company resolution, which authorized a significant financial transaction detrimental to their interests, was passed without proper notice or the necessary quorum at a board meeting. They initiate a reduction action to challenge the legality of this resolution. The company's directors are ordered to produce the original minutes of the board meeting where the resolution was supposedly passed, along with the signed resolution document itself. If the company fails to produce these original, foundational documents to the court's satisfaction, a contra non producta decree could be issued. This would declare the challenged resolution void, meaning its effects would be reversed, and the company would have to operate as if that resolution had never been enacted.