Legal Definitions - cum nota

CUM NOTA

Cum nota is a Latin term used in Scots law. It means "with a distinguishing mark." This phrase is used to refer to testimony that may not be admissible in court, but a judge may allow it after considering its merit or believability.

For example, if a witness has a criminal record, their testimony may not be admissible in court. However, if the judge believes that the testimony is important and credible, they may allow it with a cum nota, which means that the testimony is marked as potentially unreliable.

Another example could be a piece of evidence that was obtained illegally. It may not be admissible in court, but if the judge believes that it is important and reliable, they may allow it with a cum nota, which means that the evidence is marked as potentially tainted.

These examples illustrate how cum nota is used to allow otherwise inadmissible testimony or evidence in court, but with a distinguishing mark to indicate that it may not be completely reliable.