Decree Scotland Meaning: Extract Decree vs Decision Form

What "Decree" Means in Scots Law

A decree is a formal order of a Scottish court. In civil cases, it confirms that the court has decided a matter — ordering one party to pay money, deliver property, or perform a specific act. It is roughly equivalent to what other legal systems call a judgment or court order.

Once a decree is granted, it carries the authority of the court behind it. The winning party can use it as the basis for enforcement (diligence) if the losing party does not comply voluntarily.

Extract Decree vs Decision Form

In older court procedures — Ordinary Cause and the legacy Summary Cause — the winning party had to apply separately for an "extract decree" after judgment. The extract was a certified court document containing the warrant that authorised enforcement. Without it, you could not instruct a Sheriff Officer to do anything.

Simple Procedure changed this. When the sheriff decides a Simple Procedure claim, the court issues a Decision Form (Form 13A). This document serves as both the decree and the warrant for enforcement in one. There is no separate extract to apply for. The certified Decision Form issued by the Sheriff Clerk already contains everything a Sheriff Officer needs to begin serving a Charge for Payment.

What the Decision Form Contains

Form 13A records the sheriff's decision: who must pay, how much, the date, any expenses awarded, and whether the decision was made after a hearing or in default (because the other party did not respond). It also specifies the statutory warrant authorising diligence.

The Sheriff Clerk sends the Decision Form to both parties after the decision is made. If you lose your copy, request a replacement certified copy from the Sheriff Clerk — there is a prescribed court fee under the Sheriff Court Fees Order 2026.

The Four-Week Wait

Having the Decision Form does not mean you can enforce immediately. Under Rule 15.2 of the Simple Procedure Rules, you must wait exactly four weeks from the date the Sheriff Clerk sends the Decision Form before starting enforcement. This standstill period exists to allow the losing party time to appeal or apply to recall the decision.

The four-week wait starts the day after the Decision Form is sent. If the final day falls on a weekend or court holiday, the window extends to the next working day.

Why This Distinction Matters

If you are searching for information about getting an "extract decree" for a Simple Procedure claim, you do not need one. The Decision Form is your enforcement warrant. Do not wait for a separate document that will not come.

If your claim was raised under Ordinary Cause because it falls outside Simple Procedure's scope — for example, a monetary claim over £5,000 — you do still need to apply for an extract decree before enforcement can begin. Some non-monetary orders can be made under Simple Procedure.

For the full enforcement sequence after receiving your Decision Form — from voluntary payment requests through to instructing a Sheriff Officer and choosing the right diligence tool — the step-by-step enforcement guide covers every stage.

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