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Paragraph 12.3 ex tempore judgmentsF1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where a sheriff pronounces an ex tempore judgment in accordance with rule 12.2(4)(a).

(2)

The sheriff must state briefly the grounds of his or her decision, including the reasons for his or her decision on any questions of fact or law or of admissibility of evidence.

(3)

The sheriff may, and must if requested to do so by a party, append to the interlocutor a note F3in Form O7ZA (form of judgment) setting out the matters referred to in paragraph (2) and his or her findings in fact and law.

(4)

A party must make a request under paragraph (3) in writing within 7 days of the date of the ex tempore judgment.

(5)

Where a party requests a note of reasons other than in accordance with paragraph (4), the sheriff may provide such a note.

Annotations

Textual amendments

F1

Sch. 1 rules 12.2-12.4 substituted for Sch. 1 rule 12.2 (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 2(2) (with para. 15)

F2

Words in Sch. 1 Ch. 12 substituted (30.9.2026) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 (S.S.I. 2026/246), paras. 1(2), 2(2)

F3

Words in Sch. 1 rule 12.3(3) inserted (30.9.2026) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 (S.S.I. 2026/246), paras. 1(2), 2(3)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5