Rule 74.13 Evidence in supportF1

(1)

The application must be supported by written evidence exhibiting copies of—

(a)

the claim form in the proceedings in which judgment was given;

(b)

evidence that it was served on the defendant;

(c)

the statements of case; and

(d)

where relevant, a document showing that for those proceedings the applicant was F2a person to whom legal aid, as defined in rule 44.1, was provided.

(2)

The written evidence must—

(a)

identify the grounds on which the judgment was obtained;

(b)

state whether the defendant objected to the jurisdiction and, if he did, the grounds of his objection;

(c)

show that the judgment—

(i)

has been served in accordance with Part 6 and rule 40.4, and

(ii)

is not subject to a stay of execution;

(d)

state—

(i)

the date on which the time for appealing expired or will expire;

(ii)

whether an appeal notice has been filed;

(iii)

the status of any application for permission to appeal; and

(iv)

whether an appeal is pending;

(e)

state whether the judgment provides for the payment of a sum of money, and if so, the amount in respect of which it remains unsatisfied;

(f)

state whether interest is recoverable on the judgment, and if so, either—

(i)

the amount of interest which has accrued up to the date of the application, or

(ii)

the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

Annotations

Textual amendments

F1: Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8
F2: Words in rule 74.13(1)(d) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 13(b) (with reg. 14(2))

Notes on Part 74

Textual amendments

F2: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(a) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Pt. 74 Table of Contents substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(1) (with rule 2)
F4: Words in Pt. 74 Table of Contents substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(a) (with rule 41)
F5: Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
F6: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(b) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Pt. 74 Table of Contents inserted (11.1.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(b), 13(a)
F8: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(c) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(d) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

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)

Notes on

Textual amendments

F2: Words in Pt. 74 Section 2 heading substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(iv) (with rule 41)