Precognition (Scots law)

Part of a series on
Scots law
Administration Justice and Communities Directorate of the Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Judicial Complaints Reviewer Legal Aid Board Court Service College of Justice Office of the Public Guardian Law Commission Criminal Cases Review Commission Prison Service
Civil courts Court of Session Lord President Lord Justice Clerk Lord of Session Office of the Accountant of Court Act of Sederunt Sheriff Court Sheriff Principal Sheriff
Criminal courts High Court of Justiciary Lord Justice-General Lord Justice Clerk Lords Commissioner of Justiciary Sheriff courts Sheriff Principal Sheriffs Justice of the peace courts Justices of the peace Stipendiary magistrates
Special courts Court of the Lord Lyon Lord Lyon King of Arms Children's Reporter Administration Children's Hearings Land Court Lands Tribunal
Criminal prosecution Lord Advocate Crown Office and Procurator Fiscal Service Advocate Depute Procurator fiscal Fiscal fine Precognition
Legal profession Judiciary Faculty of Advocates Advocate Law Society Solicitor-Advocate Solicitor Association of Commercial Attorneys

Precognition in Scots law is the practice of taking a factual statement from witnesses before a trial is enjoined. This is often undertaken by trainee lawyers or precognition officers employed by firms. Many of these are former policemen.

This procedure is followed in both civil and criminal causes. While the subsequent statement is itself inadmissible as evidence, it allows an advocate or solicitor in Scotland to appear before the courts of Scotland knowing what evidence each witness is likely to present.

See also