Scotland procedural deadlines
When is the deadline for reclaiming without leave (whole merits)?
Within 21 days after pronouncement, without leave for the Rule 38.2(1) branch. Reserved expenses do not remove the whole-merits branch. Partial-merits and leave-only interlocutors have separate periods. Enrolment and required print must be completed under Rule 38.5. The calculator requires the actual event and each condition of the selected branch.
- Period
- Within 21 days after pronouncement, without leave for the Rule 38.2(1) branch
- Trigger
- the actual pronouncement of the whole-merits interlocutor
- Rule
- Rules of the Court of Session 38.2(1),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 (whole merits)?
Within 21 days after pronouncement, without leave for the Rule 38.2(1) branch. Reserved expenses do not remove the whole-merits branch. Partial-merits and leave-only interlocutors have separate periods. Enrolment and required print must be completed under Rule 38.5. The calculator requires the actual event and each condition of the selected branch.
Responsible actor. Party dissatisfied with a qualifying interlocutor.
Identify the actual court and source branch.
Establish the actual pronouncement of the whole-merits interlocutor from the actual court process.
Reserved expenses do not remove the whole-merits branch. Partial-merits and leave-only interlocutors have separate periods. Enrolment and required print must be completed under Rule 38.5.
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(1),38.5How does this provision count time?
- 21 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 a reclaiming motion and lodge the reclaiming print. Use the required court route and complete every necessary supporting step.
21 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(1),38.5What do independently checked examples show?
Fictitious example
The actual source event is Tuesday, October 13, 2026. The confirmed branch is whole-subject. 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 whole-subject. The court period is unaltered. Independently count 21 calendar days after and excluding the event. The endpoint is Tuesday, November 3, 2026. | Tuesday, November 3, 2026 |
| Example 2. Material procedural branch | The actual source event is Tuesday, October 20, 2026. The confirmed branch is whole-merits. The court period is unaltered. Independently count 21 calendar days after and excluding the event. The endpoint is Tuesday, November 10, 2026. | Tuesday, November 10, 2026 |
| Example 3. Closed-day boundary | The actual court has an additional full-day closure on Tuesday, November 3, 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.
- 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 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 an interlocutor disposing of the whole subject matter or whole merits for this procedure.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for reclaiming without leave (whole merits)?
Which event starts this period?
Use the actual pronouncement of the whole-merits interlocutor. Reserved expenses do not remove the whole-merits branch. Partial-merits and leave-only interlocutors have separate periods. Enrolment and required print must be completed under Rule 38.5.
Rules of the Court of Session 38.2(1),38.5What can change the ordinary date?
Reserved expenses do not remove the whole-merits branch. Partial-merits and leave-only interlocutors have separate periods. Enrolment and required print must be completed under Rule 38.5. 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. 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(1),38.5What completes this step?
Mark a reclaiming motion and lodge the reclaiming print. 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(1),38.5Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Rules of the Court of Session 38.2(1),38.5 | Check the identified procedure, event, counting rule or qualification |