Legal Definitions - sederunt

The term "sederunt" refers to an Act of Sederunt, which is a specific type of legal instrument in Scotland.

An Act of Sederunt is a form of delegated legislation issued by the Court of Session, which is Scotland's supreme civil court. Its primary purpose is to regulate the procedure, practice, and administration of the Scottish civil courts. These acts establish detailed rules for how cases are conducted, what forms are used, deadlines, and other procedural matters, ensuring the smooth and efficient operation of the judicial system.

Here are some examples illustrating how an Act of Sederunt applies:

• New Rules for Digital Filings

  Scenario: The Court of Session issues an Act of Sederunt that mandates all legal firms to submit certain court documents, such as initial pleadings and motions, through a new secure online portal rather than traditional paper filings. The Act specifies the required digital format, file size limits, and deadlines for these electronic submissions.

  Explanation: This example illustrates an Act of Sederunt being used to regulate court procedure. By setting new rules for digital filing, the court is exercising its power to streamline administrative processes and dictate how legal practitioners must interact with the court system, ensuring consistency and efficiency in document management.

• Adjustments to Court Fees

  Scenario: An Act of Sederunt is passed to update the schedule of fees payable for various civil court actions, such as initiating a divorce petition, lodging an appeal, or requesting a specific court order. The Act details the new fee amounts and specifies the exact date when these changes come into effect.

  Explanation: Here, the Act of Sederunt is used to manage the financial aspects of court administration. By adjusting court fees, the Court of Session is regulating the costs associated with accessing and utilizing the civil justice system, which falls under its remit to govern court practice and ensure the system's operational viability.

• Introduction of a Pre-Action Protocol

  Scenario: To encourage early resolution of disputes and reduce the number of cases proceeding to full trial, the Court of Session introduces an Act of Sederunt establishing a mandatory pre-action protocol for personal injury claims. This protocol requires parties to exchange specific information and attempt negotiation before formally raising a court action.

  Explanation: This demonstrates an Act of Sederunt being used to shape legal practice and procedure. By mandating a pre-action protocol, the court is setting a procedural requirement that parties must follow before litigation, aiming to improve efficiency and encourage alternative dispute resolution, thereby regulating how civil cases are handled even before they reach the courtroom.