Rule 71.5 Judgment creditor’s affidavitC1 C2 F1

(1)

The judgment creditor must file an affidavit^(GL) or affidavits—

(a)

by the person who served the order (unless it was served by the court) giving details of how and when it was served;

(b)

stating either that—

(i)

the person ordered to attend court has not requested payment of his travelling expenses; or

(ii)

the judgment creditor has paid a sum in accordance with such a request; and

(c)

stating how much of the judgment debt remains unpaid.

(2)

The judgment creditor must either—

(a)

file the affidavit^(GL) or affidavits not less than 2 days before the hearing; or

(b)

produce it or them at the hearing.

Annotations

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))

C1: Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
C2: 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))

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)