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LSDefine
Simple English definitions for legal terms
edictal intimation
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A quick definition of edictal intimation:
Edictal Intimation: A type of summons used in Scottish and Roman Dutch law when personal service is not possible, such as when the defendant is out of Scotland or cannot be found. It is considered served by public proclamation and is also known as edictal citation. This type of summons is used to notify individuals to appear in court. If personal service is not possible, substituted service may be used instead.
A more thorough explanation:
Definition: Edictal intimation is a type of summons used in Scots and Roman Dutch law when personal service is impossible. It is treated as having been served by public proclamation. This is used when a defendant is out of Scotland or cannot be found. It is also known as edictal citation. Substituted service is used under service.
Example 1: In a court case, the defendant cannot be found. The court issues an edictal intimation, which is a public proclamation that the defendant must appear in court. This is treated as having been served, even though the defendant was not personally served.
Example 2: A person is out of Scotland and cannot be personally served with a summons. The court issues an edictal citation, which is a type of summons that is served by public proclamation. This is treated as having been served, even though the person was not personally served.
These examples illustrate how edictal intimation is used in situations where personal service is impossible. It allows the court to proceed with the case even if the defendant cannot be found or is out of the country.