Scottish National Dictionary (1700–)
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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
LITISCONTESTATION, n. Sc. Law: the stage at or after which an action in court begins to be contested, i.e. when the defender lodges his defences, joinder of issue (Sc. 1946 A. D. Gibb Legal Terms 52). Sometimes written as two words. [′ləitɪs-]Sc. 1726 Edb. Ev. Courant (26–30 May):
Intimation thereof should be made in the News Papers to be published in Edinburgh, three several Days, previous to any Litiscontestation to be made therein.Sc. 1754 Erskine Principles iv. i. § 40:
By our law, litiscontestation is not formed till an act is extracted, admitting the libel or defences to proof.Sc. 1898 Justiciary Reports (1895–9) 603:
The parties had never joined issue and litis contestation had never taken place.
