Minute for recall
A decree can be recalled through an application for a ‘minute for recall’. This can only be applied for if a decree was granted and neither the client nor anyone representing the client appeared in court.
1Sch 1 r24.1 Summary Cause RulesFor summary cause procedures, Forms 30 and 30a must be completed.
Recall can take place any time before the sheriff’s decision has been fully implemented, even up to the date an eviction was planned.
2Sch 1 Ch 24.1(9) Summary Cause RulesA client, qualifying occupier or landlord can recall a decree. A ‘qualifying occupier’ is someone who uses the property as their home and who is:
3s14 H(S)A 2001•a member of the tenant’s family aged over 16;
•assigned part of the property or subletting part of the property with the landlord’s consent;
•lodging with the tenant with the landlord’s consent.