OpenLegislation

Rule 12.2 Further provisions in relation to interlocutorsF1

Scotland

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

(1)

The sheriff may sign an interlocutor when outwith his or her sheriffdom.

(2)

At any time before extract, the sheriff may correct any clerical or incidental error in an interlocutor or note attached to it.

(3)

Paragraphs (4) and (5) apply in any cause other than—

(a)

an undefended family action within the meaning of rule 33.1(1); or

(b)

an undefended civil partnership action within the meaning of rule 33A.1(1).

(4)

At the conclusion of any hearing in which evidence has been led, the sheriff shall either—

(a)

pronounce an F2ex tempore judgment in accordance with rule 12.3; or

(b)

reserve judgment in accordance with rule 12.4.

(5)

In circumstances other than those mentioned in paragraph (4), the sheriff may, and must when requested by a party, append to the interlocutor a note setting out the reasons for the decision.

(6)

A party must make a request under paragraph (5) in writing within 7 days of the date of the interlocutor.

(7)

Where a party requests a note of reasons other than in accordance with paragraph (6), 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)

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