Court of Session Act 1868

36 Verdict may be taken subject to the opinion of the Court on a point reserved. U.K.

The judge at the trial may direct the jury upon any matter of law (subject to the opinion of the Court upon such direction), and with liberty to either party to move the Court to enter the verdict for such party, although returned against him, if the Court should be of opinion that such direction was erroneous, and that such party was truly entitled to a verdict. The opinion of the Court upon any direction so given may be obtained upon motion to enter the verdict for the party moving; and if the Court shall be of opinion that the direction was erroneous, and that the party moving is truly entitled to the verdict in whole or in part, they shall direct the verdict to be entered for him in whole or in part, either absolutely, or on such terms as they may think fit; otherwise they shall refuse the motion, or they may, if necessary, set aside the verdict and order a new trial: Provided also, that in such applications, as well as in motions for a new trial, it shall not be necessary to print the notes of the evidence for the use of the Court, but the judges’s notes may be produced at any time, if required.

Modifications etc. (not altering text)

C1 Ss. 15–44 repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)