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Words and Meanings
In court, people use lots of words that you may not have heard before.
In this area of the website we have listed the words and what they mean.
If there is anything you are unsure about you should speak to the person who asked you to be a witness.
A
Action
Proceedings started by a person in a civil court.
Advocate
A lawyer who is a member of the Scottish Bar (also known as 'counsel')
Affidavit
A signed statement made on oath. Sometimes this can be used in court as evidence of what the witness says, without the witness having to come to court.
Affirmation
A declaration that you will tell the truth in court that does not involve taking a religious oath (see oath).
Allegation
Something that someone says happened.
C
Citation
The official form or letter that tells a witness to go to a particular court on a certain date.
Clerk (of court)
The person who keeps the court papers and records.
Commissioner
Giving evidence to a commissioner means that you give your evidence at a different time or place than the actual court case. The evidence you give to the commissioner can then be used during the court case.
The commissioner might be a lawyer, a judge or sheriff or some other suitable person.
Counsel
A member of the Faculty of Advocates (Scottish Bar).
Court case
An individual action in court.
Court of Session
The highest court in Scotland in which civil proceedings can be raised.
Court officer
(Sometimes called a macer) a person who helps the judge in practical matters, e.g. they also call each witness into court.
Cross examination
Being questioned by the other lawyers after questioning by the person who has asked the witness to come to court (see examination-in-chief).
D
Defences
The statement by way of defence lodged by the defender (see 'defender' below).
Defender
A person against whom a civil case is raised and who disputes the claim made against him.
Diet
The date for hearing of a case for any one of a variety of purposes, fixed by the court.
E
Examination-in-Chief
The questioning by the person who has asked the witness to come to court.
Evidence
What a witness says in court - it can also be things like photographs, clothes or drawings that are brought to court to show what happened. See production.
I
Initial writ
The document by which civil proceedings in the sheriff court are normally started.
J
Jury
In a civil case, 12 men and women (jurors) who listen to the evidence and decide on the matter in dispute.
O
Oath
A religious promise by the witness to tell the truth when they give evidence in court - a witness can also promise to tell the truth without the oath (see affirmation) - you can ask about this.
P
Party litigant
Someone who raises a court action, or against whom a court action is raised, without a legal representative.
Petition
A document used to begin certain types of civil court cases, e.g. bankruptcies.
Production
An article produced as evidence in court.
Proof
1) Evidence of something; 2) A formal hearing of evidence in a case.
Pursuer
A person who starts a court case by making a claim against someone else.
Q
QC (Queen's Counsel)
A lawyer who is a senior member of the Scottish Bar (see also 'advocate').
S
Scottish Bar
The Faculty of Advocates in Scotland.
Sheriff
A name for a judge in one of the sheriff courts.
Social worker
A person who works with children and adults when they need extra help or supervision.
Solicitor
A lawyer who is not a member of the Scottish Bar.
Statement
A note or recording made by the police or other party as to what the witness has said.
Summons
The document by which civil proceedings in the Court of Session are normally started.
Support person
A person who can stay with a witness when they are giving evidence.
W
Witness
A person who has information about something and may have to tell the court about it - see 'evidence'.
