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Version Superseded: 06/04/2021
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The Civil Procedure Rules 1998, Section 71.2 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 County Court Money Claims 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 [F6Practice 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 [F7, or in terms to substantially the same effect]—
[F8“If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and imprisoned or fined, or your assets may be seized.”].]
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))
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(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 45
F7Words 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)
F8Words 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)
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)
C2Pt. 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))
C3Rule 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))
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