{
  "url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-33/rule-10",
  "json_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-33/rule-10.json",
  "legislation": "nisr/1981/225",
  "legislation_title": "County Court Rules (Northern Ireland) 1981",
  "legislation_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981",
  "path": "part/33/rule/10",
  "kind": "rule",
  "number": "10",
  "heading": "Stay of execution and removal thereof",
  "text": "(1) The chief clerk shall endorse or cause to be endorsed on a decree the terms of any stay of execution granted by the court.\n(2) A decree shall not issue until such stay be removed.\n(3) A party seeking to remove a stay of execution upon default in complying with such terms shall lodge in the Office an affidavit setting out particulars of the default.\n(4) Where such default is in the payment of a sum by instalments or some or one of them, the affidavit shall set out particulars of and the amounts of the several instalments (if any) which have been paid and particulars of the default including the amount then due on foot of the decree.\n(5) The chief clerk shall, before issuing a decree, write and sign or cause to be written and signed on the face of the decree a statement that the stay of execution has been removed.\n[(6) Where the decree is such as is referred to in paragraph (4), the statement shall specify the total amount of the instalments (if any) paid to the date of the affidavit lodged under paragraph (3) and the decree shall issue for the whole amount remaining due on foot of the decree after deducting such instalments (if any) as have been paid thereunder as shown in the said affidavit but with the addition to the costs therein stated of a sum of £10.00\n[(7) In the application of this rule to decrees issued under Order 26, references to “affidavit” shall be construed as references to a “statement of truth” and paragraph (6) shall be read as if the words from “but with” to the end were omitted.]",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sum in Order 33 rule 10(6) substituted for words (26.11.2025) by The County Court (Amendment) Rules (Northern Ireland) 2025 (S.R. 2025/171), rules 1, 3(3)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Paragraph (6) substituted by S.R. 2013 No. 19 with effect from 25.02.13"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Sub-paragraph inserted by S.R. 2002 No. 255 with effect from 8.01.07"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1981/225/part/33/rule/10",
    "retrieved_at": "2026-10-29T03:45:17.527867+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}