Legal Definitions - tempestive

Tempestive

In Scots law, tempestive describes an action, filing, or statement that occurs at the proper, opportune, or required time. It emphasizes that something was done not just on time, but at the correct moment according to legal procedure or contractual obligations.

• Example 1: Filing an Appeal

  Imagine a court judgment is issued, and the losing party has 30 days to file an appeal. If their legal team submits all the necessary appeal documents on the 25th day, their filing would be considered tempestive. This is because it was done well within the legally prescribed timeframe, at the proper moment to initiate the appeal process.

• Example 2: Objecting in Court

  During a trial, if a lawyer believes the opposing counsel is asking a question that violates a rule of evidence, they must raise an objection immediately, before the witness has a chance to answer. If the lawyer stands up and says "Objection!" right after the question is posed, their objection is tempestive. It was made at the precise, proper moment to prevent potentially inadmissible testimony from entering the record.

• Example 3: Providing Contractual Notice

  Consider a business contract that requires a party to give 90 days' notice before terminating the agreement. If one company decides to end the contract and sends the termination notice 95 days before the intended end date, that notice is tempestive. It was delivered at the appropriate time, meeting and exceeding the contractual requirement, thereby ensuring the termination is legally valid.