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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 61.04

Summons for oral examination of judgment debtor

    (1)     A summons under section 14(1) or 17(1) of the Act requiring a judgment debtor to attend before the Court to be orally examined shall be in Form 61M.

    (2)     Where the judgment debtor is a corporation the summons may require an officer of the corporation to attend to be orally examined.

    (3)     An application to an Associate Judge or a judicial registrar for the issue of a summons under section 17(1) of the Act shall be supported by affidavit evidence of—

        (a)     the making of the instalment order; and

        (b)     default in payment of any instalment under that order.

    (4)     A warrant under section 14(2) or section 17(2) of the Act for the apprehension of a judgment debtor shall be in Form 61N.

    (5)     An application to the Court, an Associate Judge or a judicial registrar for the issue of a warrant for the apprehension of a judgment debtor shall be supported by affidavit evidence of—

        (a)     the making of an application for the making or variation or cancellation of an instalment order;

        (b)     the service of notice of any application of the kind referred to in paragraph (a), where service is necessary;

        (c)     the service of the summons requiring the judgment debtor to attend before the Court and, where necessary, of the judgment or a copy;

        (d)     the failure of the judgment debtor to attend as required by that summons; and

        (e)     the usual or last known place of residence or business of the judgment debtor or, where the judgment debtor is a corporation, its last known registered office.

    (6)     A notice under section 14(6) or 17(5) of the Act shall be in Form 61P.



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