District Courts Rules 2009

15.71 Application for warrant of committal
  • 15.71.1 If the respondent fails to obey the judgment or order referred to in rule 15.70,—

    • (a) the Registrar, at the request of the applicant, must issue a notice in form 72 not less than 2 working days after the date of service of the endorsed copy of the judgment or order, unless the Judge gives leave for the notice to be issued sooner; and

    • (b) the notice must be served on the respondent in the manner required under rule 3.44.2 (personal service).

    15.71.2 On the day named in the notice, the Judge may order a warrant of committal to be issued if satisfied that—

    • (a) the respondent has failed to obey the judgment or order; and

    • (b) if the respondent does not appear, the endorsed copy of the judgment or order and the notice have been served on the respondent.

    15.71.3 The order for the issue of the warrant must be in form 73, and the warrant, which must be signed by the Registrar, must be in form 74.

    15.71.4 A copy of the order must be served on the respondent either before or at the time the warrant is executed, unless the Judge otherwise orders.

    Compare: SR 1992/109 r 628(2)–(4)