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Scotland court deadlines

When is the deadline for simple procedure appeal: draft appeal report?

Rule 16.3(1) ordinarily requires the sheriff to prepare a draft Appeal Report within four weeks of the court receiving the Appeal Form. This is the sheriff duty. The party appeal period and later party comments period have different events and requirements.

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Period
Four weeks after actual court receipt of the Appeal Form
Trigger
actual court receipt of the completed Appeal Form
Rule
Simple Procedure Rules rr 16.3(1),1.8
Simple Procedure Rules rr 16.3(1),1.8

Current maintained court sources reviewed,2026. Current Simple Procedure applies to claims initiated on or after May 31,2023. Supreme Court Rules 2024 have their own rule 62 transitional boundary.

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When is the deadline for simple procedure appeal: draft appeal report?

Rule 16.3(1) ordinarily requires the sheriff to prepare a draft Appeal Report within four weeks of the court receiving the Appeal Form. This is the sheriff duty. The party appeal period and later party comments period have different events and requirements.

Responsible actor. Sheriff preparing the draft Appeal Report.

Identify actual court receipt of the completed Appeal Form.

The current rules apply to claims initiated on or after May31,2023. Establish the actual Appeal Form receipt date and any variation or sist. The clerk later sends the draft report to the parties. Their two-week comments period starts from that separate sending event.

Confirm the actual court, current procedure, applicable branch and unaltered period before calculating.

Simple Procedure Rules rr 16.3(1),1.8

How does this provision count time?

  1. Exclude the actual court-receipt day and count28 calendar days. The Decision Form date, posting date and a party receipt do not replace court receipt.
  2. Rule6.3(3) addresses things sent to court. It does not automatically extend this sheriff preparation duty. A closed endpoint or altered timetable requires separate review.
  3. Complete the required act through the applicable court or Registry process.

Exclude the actual court-receipt day and count 28 calendar days. The Decision Form date, posting date and a party receipt do not replace court receipt.

Rule 6.3(3) addresses things sent to court. It does not automatically extend this sheriff preparation duty. A closed endpoint or altered timetable requires separate review.

Simple Procedure Rules rr 16.3(1),1.8

What do independently checked examples show?

Fictitious example

Fictional case. The sheriff court receives the Appeal Form on Tuesday, October 13, 2026. The sheriff must prepare the draft Appeal Report.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictional case. The sheriff court receives the Appeal Form on Tuesday, October 13, 2026. The sheriff must prepare the draft Appeal Report. Exclude the event day. Count 28 calendar days. The endpoint is Tuesday, November 10, 2026.Tuesday, November 10, 2026
Example 2. Material procedural branchFictional case. The sheriff court receives the Appeal Form on Monday, February 2, 2026. The sheriff must prepare the draft Appeal Report. Exclude the event day. Count 28 calendar days. The endpoint is Monday, March 2, 2026.Monday, March 2, 2026
Example 3. Closed-day boundaryFictional case. The sheriff court receives the Appeal Form on Sunday, February 1, 2026. The sheriff must prepare the draft Appeal Report. Exclude the event day. Count 28 calendar days. This boundary requires separate review. No automatic date or purchase is available.The endpoint falls on a closed court day. Check the actual court and applicable provision. No automatic adjustment is inferred.
Example resultTuesday, November 10, 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 current post-May 31,2023 simple-procedure rules govern the claim and appeal.
Source condition 2
The actual court receipt date of the Appeal Form is established. Posting or Decision Form date does not replace it.
Source condition 3
This is the sheriff duty to prepare the draft report. It is not the party appeal or later comments deadline.
Source condition 4
No order, sist or variation changes this ordinary period. No party-to-court sending extension under 6.3(3) is assumed.
Simple Procedure Rules rr 16.3(1),1.8
  • Confirm the actual court, current procedure, applicable branch and unaltered period before calculating.
  • Each procedure has its own actor, event, act and period. Do not substitute a related permission, service or appeal stage.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for simple procedure appeal: draft appeal report?

Is this my deadline to appeal?

No. This calculation concerns the sheriff preparation duty under rule16.3(1). Rule16.2 governs the party appeal.

Simple Procedure Rules rr 16.3(1),1.8

Does posting the Appeal Form start these four weeks?

Use actual court receipt. Posting alone does not establish the triggering event.

Simple Procedure Rules rr 16.3(1),1.8

Do party comments have the same period?

No. Rule16.3(5) gives parties a separate two-week period after the draft Appeal Report is sent to them.

Simple Procedure Rules rr 16.3(1),1.8

Official sources and review

Provisions used (4)
Provisions used in this guide
ProvisionPurpose
Simple Procedure Rules rr 16.3(1),1.8Check the identified procedure, event, counting rule or qualification
Simple Procedure Rule 1.8, variations and reliefCheck the identified procedure, event, counting rule or qualification
Simple Procedure Rule 6.3, actual arrival and court holidaysCheck the identified procedure, event, counting rule or qualification
SCTS Simple Procedure Rules for claims initiated on or after May 31,2023Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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