Definition
In Scots law, a formal written pleading filed by the pursuer (plaintiff) that sets out the material facts of the case on which the pursuer relies. The condescendence is a numbered statement of facts, laid out in articulated form, that defines the factual basis of the claim and frames the issues to be contested by the defender (defendant). It is part of the written pleadings that together constitute the closed record in Scottish civil procedure.
Note on spelling: The term appears in Black's with an initial "O" — OCONDESCENDENCE — but this is widely regarded as a typographical artifact. The operative term in Scots law and in Scottish legal literature is CONDESCENDENCE. Researchers encountering "Ocondescendence" in historical sources or index entries should treat it as equivalent to CONDESCENDENCE.
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Common Confusion
The leading "O" in this entry is almost certainly a printing or transcription error in Black's 2nd edition, not a recognized variant spelling. No independent Scottish legal authority uses "Ocondescendence" as a distinct term. Researchers should not treat this as a separate concept from CONDESCENDENCE, and should not assume the prefix carries substantive meaning.
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Why It Matters in Research
This entry is primarily a navigational hazard rather than a substantive term. Researchers using digitized or indexed versions of Black's 2nd edition may encounter "Ocondescendence" as an alphabetical entry and fail to connect it to the well-developed body of authority on CONDESCENDENCE in Scots law. If your research involves Scottish civil procedure — particularly 19th-century practice under the Court of Session or Sheriff Court — the correct term to pursue is CONDESCENDENCE.
In Scottish pleading practice, the condescendence is paired with the pursuer's pleas-in-law and together they form the summons or initial writ. Understanding how the condescendence functions is essential to reading Scottish cases and procedural records correctly. Facts not stated in the condescendence generally cannot be relied upon at proof (trial), making it functionally analogous to the complaint or particulars of claim in common law systems — but with its own distinct formal requirements.
Historical legal dictionaries and digests covering Scots law will use CONDESCENDENCE without the initial "O." If a source or index uses this "O" form, treat it as a stale or erroneous transcription and redirect research accordingly.
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Historical Dictionary Support
Black's 2nd edition is the only source in the Law Mind corpus that records this spelling. The entry itself is brief: "In the Scotch law. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff." This is substantively accurate as a description of the condescendence, but the "O" prefix is not corroborated by Scottish legal authorities or later editions of Black's. Later Black's editions (and other Anglo-American legal dictionaries that address Scots procedure) use CONDESCENDENCE without the prefix. The historical dictionary record, in short, offers nothing additional for this spelling variant — its value lies entirely in redirecting the researcher to the correct term.
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Jurisdictional Note
CONDESCENDENCE is a term specific to Scots civil procedure and has no direct equivalent as a named pleading in English, Welsh, or American practice. Researchers working across jurisdictions should note that while the functional role of the condescendence resembles a statement of claim or complaint, the formal rules governing its content and amendment are governed by Scots procedural law and Court of Session or Sheriff Court rules.
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