Assoilzie meaning

In Scots law, to assoilzie means the court finds in favour of the defender and grants absolvitor, thereby disposing of the pursuer’s claim on its merits. The usual outcome is a decree of absolvitor, a final judgment giving rise to res judicata and preventing the claim from being re-raised. This contrasts with dismissal or striking out for procedural or jurisdictional reasons, which may permit a fresh action. The term is a traditional Scots law expression used in pleadings and court interlocutors in the Court of Session and Sheriff Court. It is not generally defined by statute, but is recognised in Scottish civil procedure and case law. Historically, assoilzie could also mean to acquit an accused in criminal proceedings, though modern usage is largely civil; criminal courts now deliver verdicts of not guilty or not proven. The term is not used in England & Wales, Northern Ireland or Ireland. Closest equivalents include entering judgment for the defendant, dismissing the claim, striking out proceedings, or acquitting the accused in criminal cases.