precognition(redirected from Prescentiance)
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precognitionin Scottish legal practice, a statement by a witness taken by a lawyer, his clerk or agent. It is not only taken by a person other than the witness, but it is also framed by the precognoscer, so it is never certain that it reflects the precise words of the witness. While there is no obligation to give a precognition, in criminal law matters either the prosecution or the defence or both can apply to the court to have a person precognosed on oath in front of the court.
PRECOGNITION, Scotch law. The examination of witnesses who were present at the commission of a criminal act, upon the special circumstances attending it, in order to know whether there is ground for a trial, and to serve for direction to the prosecutor. But the persons examined may insist on having their declaration cancelled before they give testimony at the trial. Ersk. Princ. B. 4, t. 4, n. 49.