When personal service is not feasible, edictal citation is a summons employed in Scottish and Roman Dutch law. It is deemed to have been served through public proclamation. As a result, even if a defendant is absent from Scotland or cannot be located, they can still be summoned to court via public notice. Edictal intimation is another term for this.
Edictal citation is a summons used in Scots and Roman Dutch law when personal service is not possible. It is treated as if it has been served through public proclamation. This means that if a defendant is not in Scotland or cannot be located, the court can still compel them to appear by publicly announcing the summons. For instance, if someone is being sued in Scotland but currently resides in another country, the court can utilise edictal citation to demand their presence in court. The summons will be publicly announced in Scotland, and the defendant will be deemed as having been served. Another scenario is when someone is evading being served with a summons. If they cannot be found, the court can employ edictal citation to publicly announce the summons and require their appearance in court.
An edictal citation is a legal document issued by a court that serves as a notice to a person who is not within the jurisdiction of the court. It is typically used to notify individuals of legal proceedings or to enforce judgments in cases where the person is located outside the court’s jurisdiction.
An edictal citation is used when a person needs to be notified of legal proceedings or when a court wants to enforce a judgment against someone who is not present within its jurisdiction. It is commonly used in international cases or when a person’s whereabouts are unknown.
An edictal citation is typically served by publishing it in a newspaper or other public medium in the jurisdiction where the person is believed to be located. It can also be served through diplomatic channels or by any other means that the court deems appropriate.
If a person does not respond to an edictal citation, the court may proceed with the legal proceedings or enforce the judgment in their absence. The person’s rights and interests may be affected even if they are not present or aware of the proceedings.
Yes, an edictal citation can be challenged. If a person believes that they have not received proper notice or that the citation is invalid, they can file a motion with the court to contest it. The court will then decide whether the citation was properly served and if any further action is necessary.
Yes, an edictal citation can be used in criminal cases. It can be used to notify a person of criminal charges against them or to enforce a judgment in a criminal case. However, the specific procedures and requirements may vary depending on the jurisdiction and the nature of the case.
Yes, an edictal citation can be used to collect debts. If a person owes money and is located outside the court’s jurisdiction, the court can issue an edictal citation to notify them of the debt and initiate legal proceedings to collect it.
The validity of an edictal citation depends on the laws and regulations of the jurisdiction where it is issued. In some cases, it may have a specific expiration date, while in others, it may remain valid until the legal proceedings are concluded or the judgment is enforced.
Yes, an edictal citation can be served internationally. The specific procedures for serving an edictal citation in a foreign country may vary depending on international treaties, diplomatic channels, or the laws of the respective countries involved.
Yes, an edictal citation can be used in family law cases. It can be used to notify a person of divorce proceedings, child custody disputes, or other family-related legal matters. The procedures and requirements may vary depending on the jurisdiction and the specific circumstances 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: 17th April 2024.
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