Glossary of Terms

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The following is a useful glossary of family law related terms used in Scotland:

E

Evidence

Evidence before a Court can take many forms. It can be a witness giving oral statements in Court and being cross-examined, it can be documents lodged in a Court action in support of that action which are then spoken to by the witnesses. Evidence can also be given by way of Affidavit which is a written statement that is sworn by the witness to be the truth.

Exclusion Order

Exclusion Order is an order made by the Court telling a person who has rights to live in a property that they cannot return to live there or indeed attend at that property.

Expenses

Expenses of a Court action can either be agreed between the parties or the Court can be asked to decide if one party should pay the other party’s costs. Often a Court will not make an order that one person should pay the other person’s costs in a family action. If the Court does award expenses the expenses recovered from the paying party often do not meet the full costs of the case.