Legal Definitions - per modum simplicis querelae

The Latin phrase per modum simplicis querelae, used in Scots law, describes a method of initiating a legal action through a straightforward complaint, without the need for a formal, complex summons.

In essence, it refers to situations where the legal issue is simple enough that it doesn't require the elaborate procedural steps typically associated with formally notifying a party that they are being sued. Instead, the court can address the matter based on a direct, uncomplicated complaint.

Here are some examples to illustrate this concept:

• Small Debt Recovery: Imagine a situation where one individual owes another a small, undisputed amount of money for a service rendered, and repeated informal requests for payment have been ignored. Instead of filing a full lawsuit requiring a formal summons to be served by an officer of the court, the creditor might initiate action per modum simplicis querelae. They would present a simple complaint to the court outlining the debt and requesting an order for payment. This method streamlines the process for minor financial disputes, avoiding the more burdensome formalities of a traditional summons.

• Request for Access to Information: Consider a scenario where a citizen needs a specific, non-controversial public record from a local government body, but their initial requests have been met with unreasonable delays. If the law allows, they might bring a matter per modum simplicis querelae to a court. This would involve submitting a simple complaint to the court, asking for an order compelling the government body to provide the document. Because the request is straightforward and unlikely to be disputed on its merits, the court could potentially issue an order without requiring the formal summoning of the government body to appear and defend its inaction.

• Simple Declaratory Order: In certain administrative contexts, a person might need a court to formally declare a clear and undisputed fact for official purposes, such as confirming a specific date or the validity of a minor document, where no other party is expected to contest the fact. For instance, if there's a minor discrepancy in a historical record that needs judicial clarification for an inheritance claim, and all parties agree on the true fact, a person could apply per modum simplicis querelae. They would present a simple complaint to the court requesting this declaration, and the court could issue the order based on the complaint's merits without the need for a formal summons process involving other parties.