Answer to condescendence meaning

In Scottish civil litigation, an answer to condescendence is the defender’s point-by-point response to the pursuer’s factual averments. It appears in the defences and replies to each article of the condescendence contained in the pursuer’s summons (Court of Session) or initial writ (Sheriff Court). The answers state admissions, denials, matters “not known and not admitted”, calls for strict proof, and any alternative or esto averments. They also provide the defender’s factual basis for the orders sought (for example, absolvitor, dismissal, or expenses) and may support any counterclaim, alongside the defender’s pleas‑in‑law. This is a procedural pleading term used in the Rules of the Court of Session and the Ordinary Cause Rules, and explained in case law, rather than a statutory definition. Practically, answers to condescendence narrow the issues for debate on relevancy or for proof (often “proof before answer”), and form part of the record/open record after adjustment and before the record closes. Usage is specific to Scotland. In England & Wales, Northern Ireland and Ireland, the closest functional equivalents are a defence (and any counterclaim) responding to particulars of claim or a statement of claim.