NISI PRIUS. For the history and meaning of this term in English law see Assize. As a rule actions only are tried at nisi prius, and a judge is said to sit at nisi ρrius when he sits alone, usually in the Queen’s Bench Division, for the trial of actions. The trial at nisi prius was formerly by jury, unless with consent of the parties, but since the rules of the Supreme Court of 1883 the ordinary trial at nisi prius is without a jury in all but some specially excepted cases, chiefly of torts where the damages are unliquidated. Besides actions, indictments or informations may be tried at nisi prius, but only before a jury, the change in the law above-mentioned not extending to such cases. The indictment or information is generally removed from the ordinary forum by certiorari, and the trial takes place in the Queen’s Bench Division or at assizes before a special or a common jury (see Jury). The removal may be at the instance of the crown, the prosecutor, or the accused. Misdemeanours are removed more often than felonies. The most usual grounds of removal are that difficult questions of law are likely to arise, that local prejudice has been excited, or that the case is quasi-civil, as non-repair of a bridge or obstruction of a highway. It is noticeable that criminal cases tried at nisi prius take their place in the nisi prius list and not with other criminal cases. Where the proceedings are by indictment at assizes, sentence may be passed either at the assizes or in the Queen’s Bench Division; where by information, only the latter course is available....
Nisi Prius Record was before the Judicature Acts the name of the formal copy of proceedings showing the history of the case up to the time of trial. After the trial it was endorsed with the postea, showing the result of the trial, and delivered by the officer of the court to the successful party, whose possession of the post,ea was his title to judgment. Since the Judicature Acts there is no nisi prius record in civil actions, the nearest approach to it being the deposit of copies of the pleadings for the use of the judge, and there is no postea, the certificate of the associate or master as to the result of the trial superseding it. In crown practice, the class of practice under which criminal proceedings at nisi prius fall, the nisi prius record still exists, crown practice being specially excepted from the operation of the Judicature Acts.
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