Estreat of recognizancesE+W
Rule 8—(1) No recognizance acknowledged in or removed into the Queen’s Bench Division shall be estreated without the order of a judge.
(2) Every application to estreat a recognizance in the Queen’s Bench Division must be made by claim form and will be heard by a judge F1...and must be supported by a witness statement or affidavit showing in what manner the breach has been committed and proving that the claim form was duly served.
(2A) When it issues the claim form the court will fix a date for the hearing of the application.
(3) A claim form under this rule must be served at least 2 clear days before the day named therein for the hearing.
(4) On the hearing of the application the judge may, and if requested by any party shall, direct any issue of fact in dispute to be tried by a jury.
(5) If it appears to the judge that a default has been made in performing the conditions of the recognizance, the judge may order the recognizance to be estreated.
Textual Amendments
F1Words in Sch. 1 RSC Order 79 rule 8(2) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 62(f)