Scotland procedural deadlines
When is the deadline for reclaiming with leave of the lord ordinary?
The applicable leave-only branch ordinarily uses 14 days after pronouncement. Rules 38.2(6),38.3 and 38.4 distinguish the decision categories. A continuation under 38.4(3)(a) is excluded from reclaiming days. Granting leave does not automatically create a fresh 14-day period. The calculator requires the actual event and each condition of the selected branch.
- Period
- The applicable leave-only branch ordinarily uses 14 days after pronouncement
- Trigger
- the actual pronouncement of the selected leave-required interlocutor
- Rule
- Rules of the Court of Session 38.2(6),38.3,38.4,38.5
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 with leave of the lord ordinary?
The applicable leave-only branch ordinarily uses 14 days after pronouncement. Rules 38.2(6),38.3 and 38.4 distinguish the decision categories. A continuation under 38.4(3)(a) is excluded from reclaiming days. Granting leave does not automatically create a fresh 14-day period. The calculator requires the actual event and each condition of the selected branch.
Responsible actor. Party challenging a leave-only interlocutor.
Identify the actual court and source branch.
Establish the actual pronouncement of the selected leave-required interlocutor from the actual court process.
Rules 38.2(6),38.3 and 38.4 distinguish the decision categories. A continuation under 38.4(3)(a) is excluded from reclaiming days. Granting leave does not automatically create a fresh 14-day 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.
Rules of the Court of Session 38.2(6),38.3,38.4,38.5How 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.
- Obtain the necessary leave and mark the reclaiming motion. 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(6),38.3,38.4,38.5What do independently checked examples show?
Fictitious example
The actual source event is Tuesday, October 13, 2026. The confirmed branch is general-leave. 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 general-leave. 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 summary-decree. 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
- Chapter 38 governs this interlocutor. No special enactment or other rule supplies a different appeal route or period.
- Source condition 2
- I identified the actual pronouncement date from the interlocutor. Receipt of reasons or later correspondence does not replace it.
- Source condition 3
- No different statutory period, extension, sist or court order changes this period.
- Source condition 4
- The required leave has actually been granted. It does not start a fresh period of 14 days.
- Source condition 5
- There is no continuation under rule 38.4(3)(a), excluded time under 38.4(4), or unfulfilled leave condition.
- Source condition 6
- This is not the seven-day Auditor-objection branch, a Debtors Act appeal, a judicial review permission appeal or a decree in absence.
- 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 specified interlocutor reclaiming without leave concerns mark the reclaiming motion from actual pronouncement of a Rule 38.2(5) interlocutor. Scotland expenses motion during whole-merits reclaiming concerns apply by motion to the Lord Ordinary from actual enrolment of the whole-merits reclaiming motion. Scotland whole-merits reclaiming motion concerns mark a reclaiming motion and lodge the reclaiming print from actual pronouncement of an interlocutor disposing of the whole subject matter or whole merits. Those steps do not establish actual pronouncement and any ordered continuation of the leave motion for this procedure.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for reclaiming with leave of the lord ordinary?
Which event starts this period?
Use the actual pronouncement of the selected leave-required interlocutor. Rules 38.2(6),38.3 and 38.4 distinguish the decision categories. A continuation under 38.4(3)(a) is excluded from reclaiming days. Granting leave does not automatically create a fresh 14-day period.
Rules of the Court of Session 38.2(6),38.3,38.4,38.5What can change the ordinary date?
Rules 38.2(6),38.3 and 38.4 distinguish the decision categories. A continuation under 38.4(3)(a) is excluded from reclaiming days. Granting leave does not automatically create a fresh 14-day period. Chapter 38 governs this interlocutor. No special enactment or other rule supplies a different appeal route or period. I identified the actual pronouncement date from the interlocutor. Receipt of reasons or later correspondence does not replace it. No different statutory period, extension, sist or court order changes this period. The required leave has actually been granted. It does not start a fresh period of 14 days. There is no continuation under rule 38.4(3)(a), excluded time under 38.4(4), or unfulfilled leave condition. This is not the seven-day Auditor-objection branch, a Debtors Act appeal, a judicial review permission appeal or a decree in absence. 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(6),38.3,38.4,38.5What completes this step?
Obtain the necessary leave and mark the reclaiming motion. 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(6),38.3,38.4,38.5Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Rules of the Court of Session 38.2(6),38.3,38.4,38.5 | Check the identified procedure, event, counting rule or qualification |