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Paragraph 71.8 Failure to comply with order

Original text. Later amendments are not shown.

(1)

If a person against whom an order has been made under rule 71.2—

(a)

fails to attend court;

(b)

refuses at the hearing to take the oath or to answer any question; or

(c)

otherwise fails to comply with the order,

the court will refer the matter to a High Court judge or circuit judge.

(2)

That judge may, subject to paragraphs (3) and (4), make a committal order against the person.

(3)

A committal order for failing to attend court may not be made unless the judgment creditor has complied with rules 71.4 and 71.5.

(4)

If a committal order is made, the judge will direct that—

(a)

the order shall be suspended provided that the person—

(i)

attends court at a time and place specified in the order; and

(ii)

complies with all the terms of that order and the original order; and

(b)

if the person fails to attend court at that time and place, he shall be brought before a judge to consider whether the committal order should be discharged.