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Scotland procedural deadlines

When is the deadline for ordinary cause: period of notice (defender within europe)?

21 days after service within Europe,42 days outside Europe, subject to the actual sheriff's order. Rule 3.6 distinguishes Europe from outside Europe. The sheriff may shorten or extend but not below 2 days. Its express closed-office provision concerns expiry of this notice period. The calculator requires the actual event and each condition of the selected branch.

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Period
21 days after service within Europe,42 days outside Europe, subject to the actual sheriff's order
Trigger
the actual execution of valid service
Rule
Ordinary Cause Rules 3.6(1),(2),(4)
Ordinary Cause Rules 3.6(1),(2),(4)

The maintained Ordinary Cause Rules chapter for actions lodged on or after 2015-09-22.

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When is the deadline for ordinary cause: period of notice (defender within europe)?

21 days after service within Europe,42 days outside Europe, subject to the actual sheriff's order. Rule 3.6 distinguishes Europe from outside Europe. The sheriff may shorten or extend but not below 2 days. Its express closed-office provision concerns expiry of this notice period. The calculator requires the actual event and each condition of the selected branch.

Responsible actor. Pursuer serving and defender responding to an initial writ.

Identify the actual court and source branch.

Establish the actual execution of valid service from the actual court process.

Rule 3.6 distinguishes Europe from outside Europe. The sheriff may shorten or extend but not below 2 days. Its express closed-office provision concerns expiry of this notice period.

Confirm the actual source event, named sheriff court, applicable branch and each source condition. Only an unaltered ordinary period within the 2024 through 2028 court calendar is supported.

Ordinary Cause Rules 3.6(1),(2),(4)

How does this provision count time?

  1. 21 or42 calendar days after the event. Exclude the event day.
  2. The express rule3.6(4) extension moves a closed-day endpoint to the next day the actual clerk’s office is open for civil business. Check local court holidays and additional closures.
  3. Observe the applicable period of notice. Use the required court route and complete every necessary supporting step.

21 or 42 calendar days after the event. Exclude the event day.

The express next-open-day provision applies to weekends and qualifying public or court holidays. Confirm the actual court holidays and next open day. An unplanned non-holiday closure needs separate review. National bank holidays alone do not establish court holidays.

Ordinary Cause Rules 3.6(1),(2),(4)

What do independently checked examples show?

Fictitious example

The actual source event is Tuesday, October 13, 2026. The confirmed branch is within-europe. The court period is unaltered.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsThe actual source event is Tuesday, October 13, 2026. The confirmed branch is within-europe. 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 branchThe actual source event is Tuesday, October 20, 2026. The confirmed branch is outside-europe. The court period is unaltered. Independently count 42 calendar days after and excluding the event. The endpoint is Tuesday, December 1, 2026.Tuesday, December 1, 2026
Example 3. Closed-day boundaryThe actual named court calendar establishes the listed dates as qualifying public or court holidays. No other closure prevents completion. The express next-open-day provision extends the closed endpoint to Wednesday, November 4, 2026. No other closure is present.Wednesday, November 4, 2026
Example resultTuesday, November 3, 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 cited ordinary cause rule and selected residence or place-of-business branch apply to the defender.
Source condition 2
The defender’s address is known and rule 5.6(1) does not apply. I established valid service and the actual execution date.
Source condition 3
The sheriff has not shortened, extended or otherwise altered this notice period under 3.6(2).
Source condition 4
No different statutory period, extension, sist or court order changes this period.
Ordinary Cause Rules 3.6(1),(2),(4)
  • Confirm the actual source event, named sheriff court, applicable branch and each source condition. Only an unaltered ordinary period within the 2024 through 2028 court calendar is supported.
  • Scotland return of an ordinary cause initial writ concerns return the initial writ with execution of service to the sheriff clerk from actual expiry of the period of notice. Scotland ordinary cause defences after notice expiry concerns lodge defences from actual expiry of the period of notice. Scotland additional-procedure closing of the record concerns record closing and fix the Procedural Hearing from actual expiry of the adjustment period. Those steps do not establish actual execution of service and the defender's residence or place of business for this procedure.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for ordinary cause: period of notice (defender within europe)?

Which event starts this period?

Use the actual execution of valid service. Rule 3.6 distinguishes Europe from outside Europe. The sheriff may shorten or extend but not below 2 days. Its express closed-office provision concerns expiry of this notice period.

Ordinary Cause Rules 3.6(1),(2),(4)

What can change the ordinary date?

Rule 3.6 distinguishes Europe from outside Europe. The sheriff may shorten or extend but not below 2 days. Its express closed-office provision concerns expiry of this notice period. The cited ordinary cause rule and selected residence or place-of-business branch apply to the defender. The defender’s address is known and rule 5.6(1) does not apply. I established valid service and the actual execution date. The sheriff has not shortened, extended or otherwise altered this notice period under 3.6(2). No different statutory period, extension, sist or court order changes this period. The express rule3.6(4) extension moves a closed-day endpoint to the next day the actual clerk’s office is open for civil business. Check local court holidays and additional closures.

Ordinary Cause Rules 3.6(1),(2),(4)

What completes this step?

Observe the applicable period of notice. Check the required forms, documents and completion route. Preparation or a later receipt date alone is insufficient.

Ordinary Cause Rules 3.6(1),(2),(4)

Official sources and review

Provisions used (1)
Provisions used in this guide
ProvisionPurpose
Ordinary Cause Rules 3.6(1),(2),(4)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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