Legal Definitions - sist

The term sist is primarily used in Scots law and refers to actions related to pausing legal proceedings or bringing parties into court. It can function as both a noun and a verb, with distinct but related meanings.

Sist (as a noun)

As a noun, "sist" refers to two main concepts:

• Intervention by an Interested Party: This is a formal step where an individual or entity with a direct interest in a legal case, but who was not originally a party, formally joins the proceedings. This allows them to protect their rights or interests within the existing lawsuit.
• An Order to Suspend Proceedings: This refers to a formal court order that temporarily halts or postpones legal proceedings. The case is not dismissed, but rather put on hold, often until certain conditions are met or further information becomes available.

Examples of Sist (as a noun):

• Intervention Example: Imagine a small business that supplied goods to a larger company now facing bankruptcy. The small business, concerned about recovering its outstanding payments, might apply for a sist to formally join the bankruptcy proceedings. This allows them to participate, present their claim, and protect their financial interests alongside other creditors.

  Explanation: Here, the small business is an interested third party intervening in an existing legal process (the bankruptcy) to safeguard its own rights and potential recovery.

• Suspension Order Example: In a complex environmental liability case involving multiple parties, a court might issue a sist on the proceedings. This could happen if a crucial scientific report, being prepared by an independent agency, is not yet complete but is essential for determining liability. The court pauses the case until the report is available.

  Explanation: This illustrates a formal court order temporarily suspending the legal action, allowing time for a critical external factor (the scientific report) to be resolved before the case can proceed fairly.

Sist (as a verb)

As a verb, "sist" also has two primary meanings:

• To Summon or Bring into Court: This means to formally require someone to appear in court, often to provide testimony or respond to a legal action.
• To Suspend or Stay Proceedings: This refers to the act of a court or judge temporarily halting or postponing a legal case or specific part of it.

Examples of Sist (as a verb):

• To Summon Example: During a public inquiry into a construction accident, the inquiry panel might decide to sist several key engineers and project managers. This means they are formally compelled to appear before the panel to give evidence and answer questions about the incident.

  Explanation: This demonstrates the act of formally requiring individuals to attend a legal or quasi-legal proceeding to provide information.

• To Suspend Example: A judge presiding over a personal injury claim might decide to sist the case if the plaintiff's medical condition unexpectedly worsens, requiring extensive new treatments and making it impossible for them to participate in depositions or court hearings for an extended period. The judge pauses the proceedings until the plaintiff is able to continue.

  Explanation: This illustrates the court's action of temporarily stopping the legal process due to unforeseen circumstances affecting a party's ability to participate.