1964_DISTRICT_COURT_CIVIL_PROCEDURE_(GENERAL)_RULES — Page 26

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CAP. 336]

District Court Civil Procedure (General) Rules

[1983 Ed.

[Subsidiary]

Enforcement of order for payment of money, etc. L.N. 12 78.

(Cap. 16.)

(Cap. 183.) (Cap. 188.) (Cap. 13.)

Judgment

summons:

general provisions.

L.N. 12 78.

Enforcement of orders

61A. (1) This rule, rule 61B and rule 61C shall apply to proceedings under the Separation and Maintenance Orders Ordin- ance, the Affiliation Proceedings Ordinance, the Maintenance Orders (Reciprocal Enforcement) Ordinance and the Guardianship of Minors Ordinance.

(2) Before any process is issued for the enforcement of an order for the payment of money to any person, an affidavit shall be filed verifying the amount due under the order and showing how that amount is arrived at.

61B. (1) In this rule and in rule 61C, unless the context other- wise requires-

"judgment creditor" means a person entitled to enforce an order; "judgment debtor" means a person liable under an order; "judgment summons" means a summons issued under an order made under R.S.C. Order 48, rúle 1(1) requiring a judgment debtor to appear and be examined on oath as to his means; "order" means an order made in proceedings to which this rule applies for the payment of money, including an order for costs.

(2) Where an order has been made, the Court may, on an application made ex parte by the judgment creditor, direct a sum- mons to issue to the judgment debtor to attend before the court and be orally examined on the questions-

(a) whether any and, if so, what debts are owing to the

judgment debtor, and

(b) whether the judgment debtor has any and, if so, what other

property or means of satisfying the order,

and the Court may also order the judgment debtor to produce any books or documents in his possession, custody or power relevant to the questions aforesaid at the time and place appointed for examina- tion.

(3) An application for the issue of a judgment summons shall be in Form 19 and there shall be filed with the application the affidavit required by rule 61A(2) which shall exhibit a copy of the order.

(4) Every judgment summons shall be in Form 20 and shall be served on the judgment debtor personally not less than 5 clear days before the hearing and at the time of service there shall be paid or tendered to the judgment debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court at which he is summoned to appear.

(5) On the hearing of the judgment summons the judge may——