Scotland procedural deadlines
When is the deadline for reclaiming on reserved expenses?
Within 14 days of enrolment. This conditional motion concerns reserved or undisposed expenses under 38.2(2). It is not the general time to appeal an expenses-only interlocutor. The calculator requires the actual event and each condition of the selected branch.
- Period
- Within 14 days of enrolment
- Trigger
- the actual enrollment of the whole-merits reclaiming motion
- Rule
- Rules of the Court of Session 38.2(2)
Current maintained Court of Session rules or current Court of Session Act 1988 provision, retrieved from the official source.
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When is the deadline for reclaiming on reserved expenses?
Within 14 days of enrolment. This conditional motion concerns reserved or undisposed expenses under 38.2(2). It is not the general time to appeal an expenses-only interlocutor. The calculator requires the actual event and each condition of the selected branch.
Responsible actor. Party seeking an expenses order before disposal of reclaiming.
Identify the actual court and source branch.
Establish the actual enrollment of the whole-merits reclaiming motion from the actual court process.
This conditional motion concerns reserved or undisposed expenses under 38.2(2). It is not the general time to appeal an expenses-only interlocutor.
Confirm the actual source event, specified court, applicable branch and each source condition. Only an unaltered ordinary period within the 2024 through 2028 court calendar is supported.
Rules of the Court of Session 38.2(2)How does this provision count time?
- 14 calendar days after the event. Exclude the event day.
- No automatic extension is inferred for a closed-day endpoint. The calculator refuses that endpoint pending review of the actual court and applicable provision.
- Apply by motion to the Lord Ordinary. Use the required court route and complete every necessary supporting step.
14 calendar days after the event. Exclude the event day.
No automatic extension is inferred for a closed-day endpoint. The calculator refuses that endpoint pending review of the actual court and applicable provision. National bank holidays do not establish the named court’s closure dates. Confirm the complete relevant court closure list.
Rules of the Court of Session 38.2(2)What do independently checked examples show?
Fictitious example
The actual source event is Tuesday, October 13, 2026. The confirmed branch is reserved-expenses-motion. The court period is unaltered.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The actual source event is Tuesday, October 13, 2026. The confirmed branch is reserved-expenses-motion. The court period is unaltered. Independently count 14 calendar days after and excluding the event. The endpoint is Tuesday, October 27, 2026. | Tuesday, October 27, 2026 |
| Example 2. Material procedural branch | The actual source event is Tuesday, October 20, 2026. The confirmed branch is reserved-expenses-motion. The court period is unaltered. Independently count 14 calendar days after and excluding the event. The endpoint is Tuesday, November 3, 2026. | Tuesday, November 3, 2026 |
| Example 3. Closed-day boundary | The actual court has an additional full-day closure on Tuesday, October 27, 2026. No express extension is established for this branch. The actual court date needs review. | The endpoint falls on a closed court day. Check the actual court and applicable provision. No automatic adjustment is inferred. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- The whole-merits interlocutor reserved or did not dispose of expenses and is subject to a 38.2(1)(b) reclaiming motion.
- Source condition 2
- I seek an expenses order before the reclaiming motion is disposed of. This is not an appeal against an expenses-only interlocutor.
- Source condition 3
- No different statutory period, extension, sist or court order changes this period.
- Confirm the actual source event, specified court, applicable branch and each source condition. Only an unaltered ordinary period within the 2024 through 2028 court calendar is supported.
- Scotland leave-required reclaiming motion concerns obtain the necessary leave and mark the reclaiming motion from actual pronouncement and any ordered continuation of the leave motion. Scotland statutory stated case and appeal route concerns request, lodge or pursue the applicable stated-case procedure from actual statutory decision, intimation, later reasons and case-stating events. Scotland specified interlocutor reclaiming without leave concerns mark the reclaiming motion from actual pronouncement of a Rule 38.2(5) interlocutor. Those steps do not establish actual enrolment of the whole-merits reclaiming motion for this procedure.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for reclaiming on reserved expenses?
Which event starts this period?
Use the actual enrollment of the whole-merits reclaiming motion. This conditional motion concerns reserved or undisposed expenses under 38.2(2). It is not the general time to appeal an expenses-only interlocutor.
Rules of the Court of Session 38.2(2)What can change the ordinary date?
This conditional motion concerns reserved or undisposed expenses under 38.2(2). It is not the general time to appeal an expenses-only interlocutor. The whole-merits interlocutor reserved or did not dispose of expenses and is subject to a 38.2(1)(b) reclaiming motion. I seek an expenses order before the reclaiming motion is disposed of. This is not an appeal against an expenses-only interlocutor. No different statutory period, extension, sist or court order changes this period. No automatic extension is inferred for a closed-day endpoint. The calculator refuses that endpoint pending review of the actual court and applicable provision.
Rules of the Court of Session 38.2(2)What completes this step?
Apply by motion to the Lord Ordinary. Check the required forms, documents and completion route. Preparation or a later receipt date alone is insufficient.
Rules of the Court of Session 38.2(2)Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Rules of the Court of Session 38.2(2) | Check the identified procedure, event, counting rule or qualification |