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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 81.31.
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81.31.—(1) A person committed to prison for contempt of court may apply to the court to be discharged.
(2) The application must—
(a)be in writing and attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer);
(b)show that the person committed to prison for contempt has purged, or wishes to purge, the contempt; and
(c)be served on the person (if any) at whose instance the warrant of committal was issued at least one day before the application is made.
(3) Paragraph (2) does not apply to—
(a)a warrant of committal to which CCR Order 27 rule 8, or CCR Order 28 rule 4 or 14 relates; or
(b)an application made by the Official Solicitor acting with official authority for the discharge of a person in custody.
(4) If the committal order is made in [F2the County Court] and—
(a)does not direct that any application for discharge must be made to a judge; or
(b)was made by a [F3District Judge] under section 118 of the County Courts Act 1984,
the application for discharge may be made to a [F3District Judge].
(5) If the committal order is made in the High Court, the application for discharge may be made to a single judge of the Division in which the committal order was made.]
Textual Amendments
F1Pt. 81 inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 16, Sch. (with rule 20)
F2Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)
F3Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iv); S.I. 2014/954, art. 2(a)
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