Paragraph 5 Decrees, extracts and executionF1I1
Scotland
In this paragraph, “decree” includes any order or interlocutor which may be extracted.
A decree may be extracted at any time after whichever is the later of—
the expiry of the period within which an application for leave to appeal may be made, if no such application is made;
the date on which leave to appeal is refused, if there is no right to appeal from that decision;
the expiry of the period within which an appeal may be made, if no such appeal is made;
the date on which an appeal is finally disposed of.
A party may apply by motion to the procedural Appeal Sheriff to allow an extract to be issued earlier than a date referred to in subparagraph (2).
Nothing in this paragraph affects the power of the Court to supersede extract.
Where execution may follow on an extract decree, the decree is to include the warrant for execution specified in subparagraph (6).
That warrant is “This extract is warrant for all lawful execution hereon”.
Where interest is included in or payable under a decree, the rate of interest is 8 per cent a year unless otherwise stated.
Annotations
Textual amendments
- F1
Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)
- F2
Sch. 1 para. 5(7) inserted (31.12.2015) 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(3), 19(13)(b)
Commencement
- I1
Sch. 1 para. 5 in force at 1.1.2016, see rule 1.1(2)