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The Civil Procedure Rules 1998

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[F1Order to attend courtE+W

71.2(1) A judgment creditor may apply for an order requiring—

(a)a judgment debtor; or

(b)if a judgment debtor is a company or other corporation, an officer of that body,

to attend court to provide information about—

(i)the judgment debtor’s means; or

(ii)any other matter about which information is needed to enforce a judgment or order.

(2) An application under paragraph (1)—

(a)may be made without notice; and

[F2(b)must be issued in the court [F3or County Court hearing centre] which made the judgment or order which it is sought to enforce, except that—

(i)if the proceedings have since been transferred to a different court [F4or hearing centre], it must be issued in that court; or

(ii)subject to subparagraph (b)(i), if it is to enforce a judgment made in [F5the [F6Civil National Business Centre]], it must be issued in accordance with section 2 of Practice Direction 70.]

(3) The application notice must—

(a)be in the form; and

(b)contain the information

required by [F7Practice Direction 71].

(4) An application under paragraph (1) may be dealt with by a court officer without a hearing.

(5) If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).

(6) A person served with an order issued under this rule must—

(a)attend court at the time and place specified in the order;

(b)when he does so, produce at court documents in his control which are described in the order; and

(c)answer on oath such questions as the court may require.

(7) An order under this rule will contain a notice in the following terms [F8, or in terms to substantially the same effect]

  • [F9If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and [F10punished by a fine, imprisonment, confiscation of assets or other punishment under the law].].]

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

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