In the past, an apposer was responsible for questioning a sheriff to ensure their proper execution of duties and prevent any financial misconduct. Although this role is no longer in existence, it held significant importance in England in earlier times.
An apposer is a historical term that refers to two different things: a questioner or interrogator and an officer in the Exchequer who examined sheriffs’ accounts. The second definition is more specific, as the apposer was responsible for examining the sheriff’s estreat, which was a book of fines. They would compare the entries in the estreat with those in court records and then interrogate the sheriff about each sum in the estreat. This office was abolished in England in 1833. For example, if a sheriff had collected fines from people who had broken the law, the apposer would check to ensure that the fines were recorded correctly and that the money had been paid to the right place. They would ask the sheriff questions to ensure proper procedures were followed.
An apposer is a legal term used to describe a person or entity that is named as a party in a legal document or proceeding, typically in opposition to another party.
The role of an apposer is to present arguments, evidence, and legal positions that oppose the claims or actions of another party involved in the case.
In most cases, anyone who has a legitimate interest or stake in the outcome of a legal dispute can be named as an apposer. However, the specific requirements may vary depending on the jurisdiction and the nature of the case.
To become an apposer in a legal case, you typically need to file a formal legal document, such as a complaint or a petition, with the appropriate court or administrative body. This document should clearly state your opposition to the claims or actions of the other party.
As an apposer, you have the right to present your arguments, evidence, and legal positions in court or before the relevant authority. You also have the responsibility to comply with the procedural rules and deadlines set by the court or administrative body.
Yes, an apposer can negotiate and reach a settlement agreement with the other party involved in the case. However, the terms of the settlement must be agreed upon by both parties and approved by the court or administrative body overseeing the case.
If an apposer fails to appear in court without a valid reason, the court may proceed with the case and make a decision based on the available evidence and arguments presented by the other party. This could potentially result in an unfavorable outcome for the apposer.
Yes, an apposer can change their position during a legal case if new evidence or circumstances arise that warrant a different stance. However, it is important to consult with an attorney and follow the proper legal procedures to ensure that the change is properly documented and presented to the court.
Yes, an apposer has the right to appeal a court’s decision if they believe there were errors in the legal process or if they disagree with the outcome. However, the grounds for appeal and the specific procedures may vary depending on the jurisdiction and the nature of the case.
In some cases, an apposer may be able to recover their legal costs and expenses if they are successful in their opposition and the court or administrative body awards them with costs. However, the specific rules and criteria for cost recovery may vary depending on the jurisdiction and the nature of the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/apposer/
- Modern Language Association (MLA):Apposer. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/apposer/.
- Chicago Manual of Style (CMS):Apposer. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/apposer/ (accessed: May 09 2024).
- American Psychological Association (APA):Apposer. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/apposer/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts