Textual Amendments
F1Pt. 71 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 2 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
Modifications etc. (not altering text)
C1Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
C2Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
C3Pt. 71 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.23 (with rules 2.1, 33.1(1))
C4Pt. 71 applied (with modifications) (22.4.2014) by SI 2010/2955 rule 33.23 (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), art. 1, rule 41 (with art. 45))
C5Pt. 71 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(b), 24.6(1)
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]—
[F9“If 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
F2Rule 71.2(2)(b) substituted (19.3.2012) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 3
F3Words in rule 71.2(2)(b) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(a)(i) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
F4Words in rule 71.2(2)(b)(i) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(a)(ii) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
F5Words in rule 71.2(2)(b)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 31(a)(iii) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
F6Words in rule 71.2(2)(b)(ii) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 29
F7Words in rule 71.2(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 45
F8Words in rule 71.2(7) inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 12(a)(i) (with rule 20)
F9Words in rule 71.2(7) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 12(a)(ii) (with rule 20)
F10Words in rule 71.2(7) substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 17(1) (with rule 2)
Modifications etc. (not altering text)
C6Rule 71.2(6)(7) applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.3(3) (with rules 2.1, 33.1(1))