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Rule 71.2 Order to attend courtC2C3F1

(1)

A judgment creditor may apply for an order requiring—

(a)

a judgment debtor; or

(b)

if a judgment debtor is a company or other corporation, an officer of that body,

to attend court to provide information about—

(i)

the judgment debtor’s means; or

(ii)

any other matter about which information is needed to enforce a judgment or order.

(2)

An application under paragraph (1)—

(a)

may be made without notice; and

(F2b)

must be issued in the court F3or County Court hearing centre which made the judgment or order which it is sought to enforce, except that—

(i)

if the proceedings have since been transferred to a different court F4or hearing centre, it must be issued in that court; or

(ii)

subject to subparagraph (b)(i), if it is to enforce a judgment made in F5the F6Civil National Business Centre, it must be issued in accordance with section 2 of Practice Direction 70.

(3)

The application notice must—

(a)

be in the form; and

(b)

contain the information

required by F7Practice Direction 71.

(4)

An application under paragraph (1) may be dealt with by a court officer without a hearing.

(5)

If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).

C1(6)

A person served with an order issued under this rule must—

(a)

attend court at the time and place specified in the order;

(b)

when he does so, produce at court documents in his control which are described in the order; and

(c)

answer on oath such questions as the court may require.

(7)

An order under this rule will contain a notice in the following terms F8, or in terms to substantially the same effect—

  • “ F9If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and F10punished by a fine, imprisonment, confiscation of assets or other punishment under the law. ”.

Annotations

Textual amendments

F1

Pt. 71 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 2 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))

F2

Rule 71.2(2)(b) substituted (19.3.2012) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 3

F3

Words in rule 71.2(2)(b) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(a)(i) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)

F4

Words in rule 71.2(2)(b)(i) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(a)(ii) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)

F5

Words in rule 71.2(2)(b)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(a)(iii) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)

F6

Words in rule 71.2(2)(b)(ii) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 29

F7

Words in rule 71.2(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 45

F8

Words in rule 71.2(7) inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 12(a)(i) (with rule 20)

F9

Words in rule 71.2(7) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 12(a)(ii) (with rule 20)

F10

Words in rule 71.2(7) substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 17(1) (with rule 2)

Modifications

C1

Rule 71.2(6)(7) applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.3(3) (with rules 2.1, 33.1(1))

C2

Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

C3

Pt. 71 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.23 (with rules 2.1, 33.1(1))

Notes on Part 71

Modifications

C1

Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

C4

Pt. 71 applied (with modifications) (22.4.2014) by SI 2010/2955 rule 33.23 (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), art. 1, rule 41 (with art. 45))

C5

Pt. 71 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(b), 24.6(1)