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71.8—(1) If a person against whom an order has been made under rule 71.2—
(a)fails to attend court;
(b)refuses at the hearing to take the oath or to answer any question; or
(c)otherwise fails to comply with the order,
the court will refer the matter to a High Court judge or circuit judge.
(2) That judge may, subject to paragraphs (3) and (4), make a committal order against the person.
(3) A committal order for failing to attend court may not be made unless the judgment creditor has complied with rules 71.4 and 71.5.
(4) If a committal order is made, the judge will direct that—
(a)the order shall be suspended provided that the person—
(i)attends court at a time and place specified in the order; and
(ii)complies with all the terms of that order and the original order; and
(b)if the person fails to [F2comply with any term on which the committal order is suspended], he shall be brought before a judge to consider whether the committal order should be discharged.]
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))
F2Words in rule 71.8 substituted (25.3.20020) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 31
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