Act of Sederunt (Rules of the Court of Session 1994) 1994

Inner House interlocutors

4.16.  –

(1) This rule applies to interlocutors pronounced in the Inner House.

(2) Subject to paragraph (3), an interlocutor of the Inner House may be written by the clerk of court and shall be adjusted and signed by–

(a) the judge who presided in the Division of the Inner House when the matter to be dealt with in the interlocutor was determined, or

(b) in the event of the death, disability or absence of that judge, the next senior judge who sat in that Division when the matter to be dealt with in the interlocutor was determined,

as soon as reasonably practicable and after such consultation as may be necessary with the other members of the Division who sat.

(3) An interlocutor of the Inner House in respect of a motion which is not starred shall be adjusted and signed by the judge presiding at the time when the motion was brought before the Division of the Inner House.

(4) An interlocutor may be signed during session or in vacation.

(5) The judge signing an interlocutor of the Inner House shall append the letters “I.P.D.” to his signature as conclusive evidence that the requirements of the preceding paragraphs of this rule have been complied with.

(6) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.

(7) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–

(a) the judge who signed it; or

(b) in the event of the death, disability or absence of that judge, the next senior judge of the same Division of the Inner House.