# The Civil Procedure Rules 1998, Paragraph Rule 5: Evidence

Extent: E+W

(1) No person may be committed on an application for a judgment summons unless—
(a) the order is made under section 110(2) of the Act; or
(b) the judgment creditor proves that the debtor—
(i) has or has had since the date of the judgment or order the means to pay the sum in respect of which default has been made; and
(ii) has refused or neglected or refuses or neglects to pay that sum.
(2) The debtor may not be compelled to give evidence.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/schedule/2/part/15/paragraph/Rule5 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/schedule-2/part-15/paragraph-Rule5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.