Rule 33.17 Special provisions as to judgment summonses in the High Court
F1The High Court may summons witnesses to give evidence to prove the means of the debtor and may issue a witness summons for that purpose.
Where the debtor appears at the hearing, F2the High Court may direct that the travelling expenses paid to the debtor be allowed as expenses of a witness.
Where the debtor appears at the hearing and no order of committal is made, F3the High Court may allow the debtor's proper costs including compensation for any loss of earnings.
When F4the High Court makes—
a new order; or
an order of committal,
a court officer must send notice of the order to the debtor and, if the original order was made in another court, to that court.
An order of committal must be directed—
where the order is to be executed by the tipstaff, to the tipstaff; or
where the order is to be executed by a deputy tipstaff, to the F5Designated Family Judge area within which the debtor is to be found.
Annotations
Textual amendments
- F1
Words in rule 33.17(1) substituted (24.8.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(4), 23(a) (with rule 26)
- F2
Words in rule 33.17(2) substituted (24.8.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(4), 23(b) (with rule 26)
- F3
Words in rule 33.17(3) substituted (24.8.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(4), 23(b) (with rule 26)
- F4
Words in rule 33.17(4) substituted (24.8.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(4), 23(b) (with rule 26)
- F5
Words in rule 33.17(5)(b) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 35 (with rule 45)