Sheriff Courts (Scotland) Act 1907

When decrees extractable S

30.4. (1) Subject to the following paragraphs:—

(a) [F1 subject to sub-paragraph (c),] a decree in absence may be extracted after the expiry of 14 days from the date of decree;

(b) [F1 subject to sub-paragraph (c),] any decree pronounced in a defended cause may be extracted at any time after whichever is the later of the following:—

(i) the expiry of the period within which an application for leave to appeal may be made and no such application has been made;

(ii) the date on which leave to appeal has been refused and there is no right of appeal from such refusal;

(iii) the expiry of the period within which an appeal may be [F2 made] and no appeal has been [F2 made]; or

(iv) the date on which an appeal has been finally disposed of; and

(c) where the sheriff has, in pronouncing decree, reserved any question of expenses, extract of that decree may be issued only after the expiry of 14 days from the date of the interlocutor disposing of the question of expenses unless the sheriff otherwise directs.

(2) The sheriff may, on cause shown, grant a motion to allow extract to be applied for and issued earlier than a date referred to in paragraph (1).

(3) In relation to a decree referred to in paragraph (1)(b) or (c), paragraph (2) shall not apply unless—

(a) the motion under that paragraph is made in the presence of parties; or

(b) the sheriff is satisfied that proper intimation of the motion has been made in writing to every party not present at the hearing of the motion.

(4) Nothing in this rule shall affect the power of the sheriff to supersede extract.

Textual Amendments

F1 Words in rule 30.4(1)(a)(b) inserted (1.11.1996) by S.I. 1996/2445, para. 3(41)(a)(b)

F2 Word in Sch. 1 rule 30.4(1)(b)(iii) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(8) (with para. 20)