Obtemper meaning

Obtemper means to comply with a court’s decree or order—to do what the order requires or to refrain from what it prohibits. The term is chiefly used in Scots law and court practice (Court of Session and sheriff courts) and commonly appears in orders such as “ordains the defender to obtemper” an earlier order. It is not a statutory definition; it is a procedural term used in case law and court documents. Failure to obtemper may result in contempt of court (including fines or imprisonment) and/or civil enforcement (diligence), such as attachment, arrestment, inhibition, or enforcement of a decree ad factum praestandum. Typical contexts include orders for payment, delivery of property, production of documents, implement of contract, and obedience to interim or final interdicts and undertakings. A party may seek an order to ordain another to obtemper within a stated period. In England & Wales, Northern Ireland and Ireland, the equivalent usage is “comply with a court order” or “comply with an injunction.” The word obtemper is rarely used in those jurisdictions, but the obligation to comply and the consequences of non-compliance are broadly consistent.