This page is under development. Please email judicialcomms@scotcourts.gov.uk to suggest words to be added to the glossary.
E
Electronic Tag
People released from prison into the community during their sentence can be fitted with an electronic tag to let police know where they are. They must usually stay at an agreed address for about 12 hours every night. Other conditions can be set for each person depending on their offence. Any offender who breaks the curfew can be taken back to prison. Certain violent or sexual offenders are not eligible for tagging. For more information see 'Home Detention Curfew' on our prison sentences page.
Eodem die (eo die) The same day.
Et sequentes paginate (Et seq) And the following pages.
Evidence
Evidence includes what a witness says to the court from the witness box as well as documents, photographs or clothes that are relevant to the case.
Evidence in chief This is the evidence first given by a witness on behalf of a party to proceedings, e.g, the prosecutor, accused (defence), pursuer or defender. Questions asked of a witness by the other party are referred to as cross-examination.
Ex facie On the face of itÍž evidently.
Ex officio As holder of a particular office or appointment.
Ex parte Proceedings are ex parte when the party against whom they are raised does not have to be heard, e.g. in an application for interim interdict where the defender has not lodged a caveat which entitles him or her to be heard before the interim order can be granted.
Ex proprio motu On the court's own initiative.
Ex tempore At the time. For example, an ex tempore judgment given there and then.
Execution The procedure for enforcing an order of the court.
Executor dative A person appointed by the court to gather and distribute a the estate or property of a deceased person.
Executor nominate The person named in the will of the deceased to gather and distribute the estate or property of a deceased person. .
Exoner To discharge from liability. Thus, a judicial factor may seek exoneration and discharge by the court.
Expenses The costs of the proceedings that the court may order a successful party to recover from an unsuccessful party to proceedings.
Extended Sentence
Extra Division A Division of the Inner House of the Court of Session other than the First or Second Division.
Extract/extract decree A written instrument signed by a clerk of court containing a statement of a decree or order of the court and, if necessary, a warrant to charge the debtor and to execute all competent diligence against person or property.
Extradition
A ruling (usually made by a sheriff) that someone must return to another country or state for criminal proceedings where they have been accused of committing an offence.
Extrajudicial settlement. This refers to an agreement between the parties to settle the case without the court having to decide the case.