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Court of Session Act 1825
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10 Final adjustment of condescendences and notes of pleas. Condescendences and notes to be signed by the counsel for the parties. Record to be made up to foreclose the parties in point of fact. Exception of res noviter veniens ad notitiam. How such new matter to be admitted on the record.U.K.
The parties shall appear before the lord ordinary, for the purpose of finally adjusting their respective averments in fact, and their notes of pleas, when it shall be the duty of the lord ordinary to hear the respective explanations of the parties, and to examine as before directed with the statement of the facts respectively, and of the pleas, as applicable to the summons and cause of action and to the defence, and to suggest any new plea which may to him appear necessary to exhaust the whole disputable matter in law or fact in the cause, after which the adjusted condescendences and answers and relative notes of pleas shall be subscribed by the counsel for the parties; and before any order shall be pronounced, or judgment delivered, as to the disposal of the cause, the record of the pleadings as adjusted shall be authenticated by the lord ordinary by his signature; and the record so made up and authenticated shall be held as foreclosing the parties from the statement of any new averments in point of fact; and no amendment of the libel or new ground of defence shall be allowed after the record shall have been thus completed, under the exception hereafter to be mentioned; the pursuer having it in his power notwithstanding to abandon the cause on paying full expences or costs to the defender, and to bring a new action if otherwise competent: Provided always, that it shall be competent to either party in the course of a cause to state matter of fact noviter veniens ad notitiam, or emerging since the commencement of the action, if on cause shown leave shall be obtained from the lord ordinary or the court so to do, the said party always paying, previous to stating such new matter on the record, such expences as may be deemed reasonable by the lord ordinary or the court; and if leave be granted, the new matter shall within a time to be limited be stated in the shape of a specific condescendence framed as above, accompanied by a note stating the plea in law arising therefrom; and the adverse party shall in such case be ordered within a reasonable time to put in his answer to such condescendence and plea, to be adjusted and made a part of the record as before directed.
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