Scotland procedural deadlines
When is the deadline for reclaiming without leave (rcs 38.2(5) interlocutors)?
Within 14 days after pronouncement. The listed partial-merits, proof, interim-interdict and other decisions must actually fall within 38.2(5). A whole-merits decision and a leave-required decision are separate branches. The calculator requires the actual event and each condition of the selected branch.
- Period
- Within 14 days after pronouncement
- Trigger
- the actual pronouncement of a listed interlocutor under rule 38.2(5)
- Rule
- Rules of the Court of Session 38.2(4),(5),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 without leave (rcs 38.2(5) interlocutors)?
Within 14 days after pronouncement. The listed partial-merits, proof, interim-interdict and other decisions must actually fall within 38.2(5). A whole-merits decision and a leave-required decision are separate branches. The calculator requires the actual event and each condition of the selected branch.
Responsible actor. Party challenging a listed interlocutor.
Identify the actual court and source branch.
Establish the actual pronouncement of a listed interlocutor under rule 38.2(5) from the actual court process.
The listed partial-merits, proof, interim-interdict and other decisions must actually fall within 38.2(5). A whole-merits decision and a leave-required decision are separate branches.
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(4),(5),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.
- 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(4),(5),38.5What do independently checked examples show?
Fictitious example
The actual source event is Tuesday, October 13, 2026. The confirmed branch is partial-merits. 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 partial-merits. 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 proof. 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 selected category actually applies. This is not a whole-merits or leave-required decision.
- 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 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. 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 expenses motion during whole-merits reclaiming concerns apply by motion to the Lord Ordinary from actual enrolment of the whole-merits reclaiming motion. Those steps do not establish actual pronouncement of a Rule 38.2(5) interlocutor for this procedure.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for reclaiming without leave (rcs 38.2(5) interlocutors)?
Which event starts this period?
Use the actual pronouncement of a listed interlocutor under rule 38.2(5). The listed partial-merits, proof, interim-interdict and other decisions must actually fall within 38.2(5). A whole-merits decision and a leave-required decision are separate branches.
Rules of the Court of Session 38.2(4),(5),38.5What can change the ordinary date?
The listed partial-merits, proof, interim-interdict and other decisions must actually fall within 38.2(5). A whole-merits decision and a leave-required decision are separate branches. 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 selected category actually applies. This is not a whole-merits or leave-required decision. 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(4),(5),38.5What completes this step?
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(4),(5),38.5Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Rules of the Court of Session 38.2(4),(5),38.5 | Check the identified procedure, event, counting rule or qualification |