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Bouvier's Law Dictionary, Revised 6th Edition (1856)

CONSULTATION, Eng. law. The name of a writ whereby a cause, being formerly
removed by prohibition out of an inferior court into some of the king's
courts in Westminster, is returned thither again for if the judges of the
superior court, comparing the proceedings with the suggestion of the party,
find the suggestion false or not proved, and that therefore the cause was
wrongfully called from the inferior court, then, upon consultation and
deliberation, they decree it to be returned, where upon this writ issues. T.
de la Ley.


CONSULTATION, practice. A conference between the counsel or attorneys
engaged on the same side of a cause, for the purpose of examining their
case, arranging their proofs, and removing any difficulties there may be in
their way.
2. This should be had sufficiently early to enable the counsel to
obtain an amendment of the pleadings, or further evidence. At these
consultations the exact course to be taken by the plaintiff in exhibiting
his proofs should be adopted, in consultation, by the plaintiff's counsel.
In a consultation on a defendant's case, it is important to ascertain the
statement of the defence, and the evidence which may be depended upon to
support it; to arrange the exact course of defence, and to determine on the
cross-examination of the plaintiff's witnesses; and, above all, whether or
not evidence shall be given on the part of the defendant, or withheld, so as
to avoid a reply on the part of the plaintiff. The wishes of the client
should, in all cases, be consulted. 3 Chit. Pr. 864.


CONSULTATION, French law. The opinion of counsel, on a point of law
submitted to them. Dict. de Jur. h.t.

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