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Scotland court deadlines

When must the selected statutory appeal, leave application or authenticated case reach the Court of Session?

Chapter 41 uses different periods for different acts. The supported default leave and ordinary appeal branches use 42 days. A qualifying late leave grant uses 7 days. Lodging an authenticated stated case ordinarily uses 28 days from actual receipt. Select the exact branch and its actual event. A request to the tribunal to state a case is a separate step.

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Period
7, 28, 42 calendar days after the exact actual event for the selected branch
Trigger
the exact actual event required by the selected Chapter41 branch
Rule
Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26
Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26

Current maintained rules and official statutory text reviewed. The exact applicable procedural edition must govern. Supported event and endpoint dates are within 2024 through 2028.

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When must the selected statutory appeal, leave application or authenticated case reach the Court of Session?

Chapter 41 uses different periods for different acts. The supported default leave and ordinary appeal branches use 42 days. A qualifying late leave grant uses 7 days. Lodging an authenticated stated case ordinarily uses 28 days from actual receipt. Select the exact branch and its actual event. A request to the tribunal to state a case is a separate step.

Responsible actor. Party using the competent statutory appeal or stated-case lodging route.

Establish the exact actual event required by the selected Chapter41 branch.

The selected Court of Session route is competent. The enabling enactment supplies no different period. An appeal by stated case and an appeal in Form 41.25 use different provisions.

Only the confirmed ordinary source branch is calculated. The actual court, event, applicable edition, completion process and any different period must be established.

Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26

How does this provision count time?

  1. Exclude the actual event day and apply the fixed period for the selected branch.
  2. The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.
  3. Complete the actual required act, with its supporting documents, copies and cutoff.

Exclude the actual event day. Count the exact fixed calendar-day period for the selected branch.

The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.

Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26

What do independently checked examples show?

Fictitious example

Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established. Exclude the actual event day. Count 42 calendar days to Tuesday, November 24, 2026. The relevant court is confirmed open on that date.Tuesday, November 24, 2026
Example 2. Material procedural branchFictional established facts. The actual grant of leave after the ordinary period expired, following a timely application to the court occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established. Exclude the actual event day. Count 7 calendar days to Tuesday, October 20, 2026. The relevant court is confirmed open on that date.Tuesday, October 20, 2026
Example 3. Closed-day boundaryFictional established facts. The actual receipt by the party of the authenticated case from the tribunal clerk under RCS 41.12(6) or41.13(3) occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established. The actual relevant court is confirmed closed on Tuesday, November 10, 2026. Exclude the actual event day. Count 28 calendar days to Tuesday, November 10, 2026. The express court rule moves the endpoint to the next confirmed working date, Wednesday, November 11, 2026.Wednesday, November 11, 2026
Example resultTuesday, November 24, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Source condition 1
The selected Court of Session route is competent. The enabling enactment supplies no different period. An appeal by stated case and an appeal in Form 41.25 use different provisions.
Source condition 2
I established the selected actual intimation, receipt or leave event. Issuing a decision, posting it and receiving unrelated correspondence do not replace that event.
Source condition 3
For an application for leave, RCS 41.2(2) permits the application to this court. An ordinary tribunal refusal does not restart the original decision-intimation or later-reasons period.
Source condition 4
For the ordinary appeal decision or later-reasons branches, RCS 41.26(2) and (3) do not apply. For a permission-event branch, the exact listed enactment or timely-application facts apply. Every required permission and condition is established.
Source condition 5
If the listed-tribunal permission branch is selected, leave was granted under Employment Tribunals Act 1996 s 37, Social Security Act 1998 s 15, or Tribunals, Courts and Enforcement Act 2007 s 13. The actual grant was intimated to the appellant.
Source condition 6
For the seven-day late-leave branch, the application to the court was made within RCS 41.26(1)(b) and that period expired before actual leave was granted. An ordinary refusal or a later application does not qualify.
Source condition 7
For a stated case, the actual authenticated case or the specific RCS 41.15(2) abandonment intimation has occurred. Earlier case requests, drafts and notices of intention are separate duties.
Source condition 8
No special statutory period, extension, sist, revised order or historical transition changes the selected ordinary period.
Source condition 9
I checked the actual Office of Court calendar and the rolls. No published notice specifies another completion date under RCS 1.3(7).
Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26
  • Only the confirmed ordinary source branch is calculated. The actual court, event, applicable edition, completion process and any different period must be established.
  • An application for permission, request for a case, lodging of a settled case and a notice to another party are different acts. One period does not replace another.

What must the responsible actor complete?

Questions about this procedure

When must the selected statutory appeal, leave application or authenticated case reach the Court of Session?

When must the selected statutory appeal, leave application or authenticated case reach the Court of Session?

Chapter 41 uses different periods for different acts. The supported default leave and ordinary appeal branches use 42 days. A qualifying late leave grant uses 7 days. Lodging an authenticated stated case ordinarily uses 28 days from actual receipt. Select the exact branch and its actual event. A request to the tribunal to state a case is a separate step.

Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26

Does every stated-case step use 42 days?

No. RCS 41.8 ordinarily gives 14 days after issue for the separate request to the tribunal to state a case. RCS 41.14 ordinarily gives 28 days after actual receipt to lodge the authenticated case. The supported Court leave and ordinary Form 41.25 branches generally use 42 days. A qualifying RCS 41.26(3) late leave grant uses 7 days.

Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26

How does this workflow handle a closed court day?

The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.

Maintained Court of Session Chapter41

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Rules of the Court of Session 1.3(7),41.2(4),41.14(2),41.15(4),41.26Check the identified procedure, event, counting rule or qualification
Maintained Court of Session Chapter41Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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