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Rules of the Superior Courts

Appendix: F

Execution
[as amended by S.I. Nos. 506 of 2005, 3 of 2006, 551 of 2008 & 485 of 2014]



Forms:
Part I Praecipe
No.1 ¦No.1A ¦No.1B ¦No.1C ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6

Part II Orders
No.1 ¦No.1A ¦No.1B ¦No.1C ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6 ¦ No.7 ¦ No.8 ¦ No.9 ¦ No.10 ¦ No.11 ¦ No.12 ¦ No.13 ¦ No.14 ¦ No.15 ¦ No.16 ¦ No.17

Part III
No.1

Part IV
No.1 ¦ No.2 ¦ No.3 ¦ No.4

Part V
No.1

PART I.

PRAECIPE.

No. 1.


O. 42, r. 11

FOR FIERI FACIAS.

_______

THE HIGH COURT.


19

No.

Between A.B.,

Plaintiff,

and C.D.,

Defendant.

Seal an order fieri facias directed to the sheriff (County Registrar) of .............. to levy against C.D. the sum of £... and interest thereon at the rate of £... per cent. per annum from the ... day of ..... [and £... costs and interest thereon at the rate of £... per cent. per annum from the said date]

Order dated

[Taxing Master's certificate dated ...... ].

I certify that the sum of £... is due to the plaintiff after all just credits and allowances.

(Signed)

Solicitor for [party on whose behalf order is to issue.]


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_______

S.I. No. 9 of 2016

No. 1A

THE HIGH COURT


Record No: .... 20 ...

IN THE MATTER OF THE EUROPEAN COMMUNITIES (CIVIL AND COMMERCIAL JUDGMENTS) REGULATIONS 2015

PRAECIPE FOR FIERI FACIAS


Between

..... Plaintiff

and

..... Defendant

SEAL AN ORDER OF FIERI FACIAS directed to the Sheriff of the County of ..... / to the County Registrar for the County of ..... to levy against the sum of €.... †(being the equivalent in euro of the sum of ..... as of the ..... day of ..... 20... ) and interest thereon at the rate of ..... per centum per annum, from the ..... day of ..... 20 and € .... costs †(being the equivalent in euro of the sum of ..... as of the ..... day of ....... 20... ) and interest thereon at the rate of ....... per centum per annum from the said date.

Judgment *(or as the case may be, authentic instrument/court settlement) dated the ..... day of .....20 ...

Certificate (Annex I *(or as the case may be, Annex II) to Regulation No. 1215/2012) done at (copy annexed)

I certify that the sum of € ..... is due to the Plaintiff after all just credits and allowances.

Dated this ..... day of .....20 .

Signed:-

Solicitors for the Plaintiff

*delete where inapplicable

where foreign judgment is expressed in a currency other than euro.


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________

S.I. No. 9 of 2016

No. 1B

THE HIGH COURT


Record No: ..... 20...

IN THE MATTER OF THE EUROPEAN COMMUNITIES (EUROPEAN ENFORCEMENT ORDER) REGULATIONS 2005

PRAECIPE FOR FIERI FACIAS


Between

Plaintiff

and

Defendant

SEAL AN ORDER OF FIERI FACIAS directed to the Sheriff of the County of .......... / to the County Registrar for the County of ....... to levy against the sum of €.... †(being the equivalent in euro of the sum of .... as of the ..... day of ..... 20.. ) and interest thereon at the rate of ..... per centum per annum, from the .... day of ..... 20... and €.... costs† (being the equivalent in euro of the sum of ..... as of the .... day of ..... 20...) and interest thereon at the rate of ..... per centum per annum from the said date.

Judgment dated the .... day of ...... 20...

European Enforcement Order dated the .... day of ...... 20... (copy annexed)

I certify that the sum of €.... is due to the Plaintiff after all just credits and allowances.

Dated this .... day of ..... 20....

Signed

Solicitors for the Plaintiff

*delete where inapplicable

where foreign judgment is expressed in a currency other than euro.


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_____

S.I. No. 9 of 2016

No. 1C

THE HIGH COURT


Record No: .... 20..

IN THE MATTER OF THE EUROPEAN COMMUNITIES (EUROPEAN ORDER FOR PAYMENT) REGULATIONS 2008

PRAECIPE FOR FIERI FACIAS


Between

Plaintiff

and

Defendant

SEAL AN ORDER OF FIERI FACIAS directed to the Sheriff of the County of ..... /to the County Registrar for the County of ..... to levy against the sum of €..... †(being the euro equivalent of ..... as of the ..... day of .....20... ) and interest thereon at the rate of .... per centum per annum, from the .... day of ..... 20 and €.... costs †(being the euro equivalent of .....as of the .... day of ..... 20... ) and interest thereon at the rate of .... per centum per annum from the said date.

European Order for Payment dated the ..... day of ....... 20... . (copy annexed)

I certify that the sum of €.... is due to the Plaintiff after all just credits and allowances.

Dated this .... day of .....20....

Signed:-

Solicitors for the Plaintiff

*delete where inapplicable

where foreign judgment is expressed in a currency other than euro.


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___________

No. 2.

FOR VENDITIONI EXPONAS.

_______

[Heading as in Form No. 1].


Seal an order of venditioni exponas directed to the sheriff (County Registrar) ...... of ...... to sell the goods and ...... of C.D. taken under an order of fieri facias in this action dated ... day of ......

(Signed)

Solicitor for


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_______

No. 3.

FOR ORDER OF SEQUESTRATION.

_______

[Heading as in Form No. 1].


Seal an order of sequestration against C.D. .......... for not ........ at the suit of A.B. directed to [name or names of sequestrator or sequestrators].

Order dated

(Signed)

Solicitor for


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_______

No. 4.

FOR ORDER OF POSSESSION.

_______

[Heading as in Form No. 1].


Seal an order of possession directed to the sheriff (County Registrar) of ........... to deliver possession to A.B. of ................

Order dated

(Signed)

Solicitor for


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_______

No. 5.

FOR ORDER OF DELIVERY.

_______

[Heading as in Form No. 1].


Seal an order of delivery directed to the sheriff (County Registrar) of ........... to make delivery to A.B. of ..........

Order dated

(Signed)

Solicitor for


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_______

No. 6.

FOR ORDER OF ATTACHMENT.

_______

[Heading as in Form No. 1].


Seal an attachment directed to

against C.D. for not

Order dated

(Signed)

Solicitor for


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_______

PART II.

ORDERS.

No. 1.


O. 42, r. 13

ORDER OF FIERI FACIAS.

_______

THE HIGH COURT.


19

No.

Between A.B.,

Plaintiff,

and C.D.,

Defendant.

To the sheriff (County Registrar) of ....... greeting. You are hereby commanded that of the goods and chattels of C.D. in your bailiwick you cause to be made the sum of £... and also interest thereon at the rate of £... per cent. per annum from the ... day of ..... *which said sum of money and interest were lately in the High Court in a certain action [or certain actions, as the case may be] wherein A.B. is plaintiff and C.D. defendant [or in certain matter there depending entitled "In the matter of E.F." as the case may be] by a judgment [or order of said Court, bearing date the ... day of ...... adjudged [or ordered,] as the case may be] to be paid by the said C.D. to A.B., together with certain costs in the said judgment [or order] mentioned, and which costs have been taxed and allowed by the Taxing Master at the sum of £... as appears by the certificate of the Taxing Master, dated the ... day of ....... And that of the goods and chattels of the said C.D. in your bailiwick you further cause to be made the said sum of £... [costs] together with interest thereon at the rate of £... per cent. per annum from the ... day of ...., *and that you have that money and interest before the High Court immediately after the execution hereof to be paid to the said A.B. in pursuance of the said judgment [or order]. And in what manner you shall have executed this order make appear to the High Court immediately after the execution thereof. And have there then this order.

BY ORDER, &c.

Levy £... and £... for costs of execution, &c., and also interest on £ [judgment debt] at £... per cent. per annum from the ... day of .....,and also interest on £ [costs] at £... per cent. per annum from the said date until payment; besides sheriff's poundage, officers' fees, costs, of levying, and all other legal incidental expenses.

This order was issued by ..... of [registered place of business]

solicitor for the said A.B.

The said C.D. is a ...... and his place of abode is at ....... in your bailiwick.


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S.I. No. 9 of 2016

No. 1A

THE HIGH COURT


Record No: .... 20.. FIJI

IN THE MATTER OF THE EUROPEAN COMMUNITIES (CIVIL AND COMMERCIAL JUDGMENTS) REGULATIONS 2015

FIERI FACIAS


Between

Plaintiff

and

Defendant

To The Sheriff / County Registrar of / ..... for greeting.

Whereas by Judgment *(or as the case may be, authentic instrument/court settlement) of the (insert details of foreign Court) obtained by the plaintiff against the defendant and dated the ..... day of ...... 20 in proceedings bearing case number/claim number (insert number)

Between

Plaintiff


and

Defendant

it was ordered that the plaintiff do recover the sum of ..... and ..... costs against the defendant and by Certificate (Annex I *(or as the case may be, Annex II) to Regulation No. 1215/2012) done at ..... same is enforceable within the state.

YOU ARE HEREBY COMMANDED that of the goods and chattels of ...... the defendant, in your bailiwick you cause to be made the sum of € .....†(being the equivalent in euro of the sum of ..... as of the ..... day of ..... 20... ) and interest thereon at the rate of (insert rate) from the ..... day of ...... 20 which said sum of money and interest were lately adjudged to be paid by the said ...... to the said ...... by the judgment *(or as the case may be, authentic instrument/court settlement) hereinbefore recited

And that of the goods and chattels of the said ...... in your bailiwick you further cause to be made the said sum of ......... and interest thereon at the rate of (insert rate) from the .... day of ...... 20...

And that you have that money and interest aforesaid before the High Court immediately after the execution hereof to be paid to the said ...... in pursuance of the said judgment *(or as the case may be, authentic instrument/court settlement). And in what manner you shall have executed this order make appear to the High Court immediately after the execution thereof. And have there then this order.

By order, etc

.............
REGISTRAR

Levy € ..... and € ..... for costs of execution, &c., and also interest on € ..... at per centum per annum, from the ..... day of ...... and also interest on € ...... at ...... per centum per annum from the said date until payment; besides Sheriff’s poundage, officers’ fees, costs of levying, and all other legal incidental expenses.

This order was issued by ...... of ......

Solicitor for the said .....

The said CD is a ........ and his/her place of abode is at ........ in your bailiwick.

*delete where inapplicable

where foreign judgment is expressed in a currency other than euro.


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S.I. No. 9 of 2016

No. 1B

THE HIGH COURT


Record No: ..... 20... FIJI

IN THE MATTER OF THE EUROPEAN COMMUNITIES (EUROPEAN ENFORCEMENT ORDER) REGULATIONS 2005

FIERI FACIAS


Between ...... Plaintiff

and

........ Defendant

To The Sheriff / County Registrar of / ........ for greeting.

Whereas by order of the (insert details of Foreign Court) dated the ..... day of ..... 20 in proceedings with Reference Number ..... , entitled: ......

Between

........ Plaintiff

and

........ Defendant

It was ordered that the plaintiff ........ recover against the defendant the sum of ..... and ...... for costs. And the said order having been certified as a European Enforcement Order on the ..... day of ..... 20

YOU ARE HEREBY COMMANDED that of the goods and chattels of ....... the defendant, in your bailiwick you cause to be made the sum of € ..... †(being the equivalent in euro of ....... hereinbefore mentioned as of the ..... day of ..... 20 ) and also interest thereon at the rate of (insert rate) per centum per annum from the ..... of ...... 20 which said sum of money and interest was lately adjudged to be paid by the said ..... to the said ..... by the judgment hereinbefore recited

And that of the goods and chattels of the said ..... in your bailiwick you further cause to be made the said sum of € ..... (costs) †(being the equivalent in euro of the sum of ....... hereinbefore recited as of the ..... day of ..... 20 ...

And that you have that money before the High Court immediately after the execution hereof to be paid to the said ...... in pursuance of the said judgment. And in what manner you shall have executed this order make appear to the High Court immediately after the execution thereof. And have there then this order.

By order,

...........
REGISTRAR

Levy € ..... and € ..... for costs of execution, &c., and also interest on € ..... at per centum per annum, from the ..... day of ..... and also interest on € ..... at ..... per centum per annum from the said date until payment; besides Sheriff’s poundage, officers’ fees, costs of levying, and all other legal incidental expenses.

This order was issued by ...... of ......

Solicitor for the said ........

The said CD is a ........ and his/her place of abode is at ......... in your bailiwick.

*delete where inapplicable

where foreign judgment is expressed in a currency other than euro.


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S.I. No. 9 of 2016

No. 1C

THE HIGH COURT


Record No: ..... 20 .... FIJI

IN THE MATTER OF THE EUROPEAN COMMUNITIES (EUROPEAN ORDER FOR PAYMENT) REGULATIONS 2008

FIERI FACIAS


Between

...... Plaintiff

and

...... Defendant

To The Sheriff / County Registrar of / for ..... greeting.

Whereas by order of the Court of dated the ..... day of ....... 20... in proceedings with Reference Number ....., entitled:

Between

Plaintiff

and

Defendant

It was ordered that the plaintiff, ....., recover against the defendant, ......, the sum of ........ and ..... for costs.

And the said order having been declared enforceable in accordance with Article 18 of Regulation (EC) No 1896/2006

YOU ARE HEREBY COMMANDED that of the goods and chattels of ...... , the defendant, in your bailiwick you cause to be made the sum of € ..... †(being the equivalent in euro of ..... as of the ..... day of ..... 20... ) plus interest at the rate of (insert rate) per centum per annum from the ..... day of ..... 20.... which said sum of money and interest was lately adjudged to be paid by the said ....., to the said ..... by the said judgment hereinbefore recited.

And that of the goods and chattels of the said ....., in your bailiwick you further cause to be made the said sum of €..... costs †(being the equivalent in euro of the sum of ...... hereinbefore recited as of the ..... day of ..... 20..... )

And that you have that money before the High Court immediately after the execution hereof to be paid to the said ..... in pursuance of the said judgment. And in what manner you shall have executed this order make appear to the High Court immediately after the execution thereof. And have there then this order.

By order etc

.................
REGISTRAR

Levy €.... and €.... for costs of execution, &c., and also interest on €..... at ..... per centum per annum, from the ..... day of ..... and also interest on €..... at ..... per centum per annum from the said date until payment; besides Sheriff’s poundage, officers’ fees, costs of levying, and all other legal incidental expenses.

This order was issued by ..... of ......

Solicitor for the said .....

The said CD is a ....... and his/her place of abode is at ..... in your bailiwick.

*delete where inapplicable

where foreign judgment is expressed in a currency other than euro.


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No. 2.

FIERI FACIAS ON ORDER OF COSTS.

_______

[Heading, &c., as in Form No. 1].


You are hereby commanded, that of the goods and chattels of ........ in your bailiwick you cause to be made the sum of .......... for certain costs which by an order of the High Court, dated the ... day of *, were ordered to be paid by the said .......... to ........ and which have been taxed and allowed at the said sum and interest on the said sum at the rate of £... per cent. per annum from the .... day of ....., and that you have the said sum, and interest, before the High Court immediately after the execution hereof, to be rendered to the said .......... . And in what manner, &c. And have there then this order.

BY ORDER, &c.

Levy £... and £... for costs of execution, &c. and also interest on £... at £.... per cent. per annum from the ... day of ..... until payment; besides sheriff's poundage, officers' fees, costs of levying, and all other legal incidental expenses.

This order was issued &c. [as in Form No. 1].

The said C.D. [as in Form No. 1].

*Note to Forms No. 1 and 2—Here enter the day of the order, or day on which money directed to be paid, or day from which interest is directed by the order to run, as the case may be.


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_______

S.I. No. 485 of 2014

No. 3.

ORDER OF FIERI FACIAS TO ENFORCE JUDGMENT OR ORDER OF THE SUPREME COURT OR COURT OF APPEAL IN CASES NOT OTHERWISE PROVIDED FOR

———————

*[SUPREME COURT]

*[COURT OF APPEAL]


20 ..... No. .....

Between A.B.,

Plaintiff,

and C.D.,

Defendant.

To the sheriff (County Registrar) of ....... greeting. You are hereby commanded that of the goods and chattels of ..... in your bailiwick, you cause to be made the sum of € ....... and also interest thereon, at the rate of €... per cent. per annum, from the ....... day of .........., which said sum of money and interest were lately in the *[Supreme Court] *[Court of Appeal] in a certain action [or matter as the case may be] entitled ....... by a judgment [or order] of the *[Supreme Court] *[Court of Appeal], bearing date the ...... day of ....... adjudged to be paid by the said ...... to the said ....... together with € ...... costs in the said judgment [or order] mentioned. And that of the goods and chattels of the said ........ in your bailiwick you further cause to be made the sum of € ....... together with interest thereon at the rate of € .... per cent. per annum from the ..... day of ........... and that you have the moneys and interests aforesaid before the said Court immediately after the execution hereof, to be paid to the said ......... in pursuance of the said judgment [or order]. And in what manner, &c.

And have there then this order.

BY ORDER, &c.

Levy, &c. [as in Form No. 1].

This order was issued, &c. [as in Form No. 1].

The said C.D., &c. [as in Form No. 1].

*delete where inapplicable


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_______

No. 4.

ORDER OF VENDITIONI EXPONAS.

_______

[Heading as in Form No. 1].


To the sheriff (County Registrar) of ........ greeting. Whereas by order you were lately commanded that of the goods and chattels of C.D. [here recite the fieri facias to the end] And on the ... day of ..... you returned to the High Court that by virtue of the said order to you directed you had taken goods and chattels of the said C.D. to the value of the money and interest aforesaid, which said goods and chattels remained in your hands unsold for want of buyers. Therefore, the Court being desirous that the said A.B. should be satisfied his money and interest aforesaid, it is hereby commanded that you expose to sale and sell, or cause to be sold, the goods and chattels of the said C.D., by you in form aforesaid taken, and every part thereof, for the best price that can be gotten for the same, and have the money arising from such sale before the High Court immediately after the execution hereof, to be paid to the said A.B. And have there then this order.

BY ORDER, &c.

This order was issued, &c. [as in Form No. 1].


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_______

No. 5.


O. 47, r. 1

ORDER OF POSSESSION.

_______

[Heading as in Form No. 1].


To the sheriff (County Registrar) of .... greeting. Whereas lately in the High Court it was adjudged that the plaintiff recover possession of all that ........... with the appurtenances in your bailiwick. You are hereby commanded to enter the same and without delay cause the said A.B. ......... to have possession of the said lands and premises with the appurtenances. And in what manner you have executed this order, make appear to the High Court immediately after the execution hereof, and have you then there this order.

BY ORDER, &c.

This order was issued, &c. [as in Form No. 1].

Amount of rent due to plaintiff £... out of the said lands, and premises, up to and ended the ... day of ......, 19...., as verified by affidavit of ........, which sum, together with the sum of £..... the costs of the plaintiff, making together the sum of £...... now is and remains due and owing to the plaintiff out of the said lands and premises.

(Signed)

Solicitor for plaintiff.


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_______

No. 6.


O. 47, r. 5

ORDER OF POSSESSION ON EXPIRATION PERIOD OF REDEMPTION.

_______

[Heading as in Form No. 1].


To the sheriff (County Registrar) of .......... greeting.

Whereas lately in the High Court it was adjudged that the plaintiff recover possession of all that ...... with the appurtenances in your bailiwick. And whereas the period for the redemption of the said premises has expired. You are hereby commanded to enter the same and without delay cause the said A.B. ........ to have possession of the said lands and premises with the appurtenances. And in what manner you have executed this order make appear to the High Court immediately after the execution thereof, and have you then enter this order.

BY ORDER, &c.

This Order was issued, &c. [as in Form No. 1].

Amount of rent due to plaintiff, £... out of the said lands and premises, up to and ended the ... day of ....., 19..., as verified by affidavit of ........, which sum, together with the sum of £...., the costs of the plaintiff, making together the sum of £.... now is and remains due and owing to the plaintiff out of the said lands and premises.

(Signed)

Solicitor for plaintiff.


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_______

No. 7.


O. 47, r. 6

ORDER OF POSSESSION AFTER STAY OF EXECUTION REMOVED.
_______

[Heading as in Form No. 1].


To the sheriff (County Registrar) of ....... greeting. Whereas lately in the High Court, it was adjudged that the plaintiff recover possession of all that ............ with the appurtenances in your bailiwick.

And whereas by an order of the High Court it was ordered that the sum of £..... being (the sum agreed upon between the parties in satisfaction of) the arrears of rent due up to the ... day of ....., 19...., and the costs should be paid by instalments.

And whereas default has been made in complying with the said order.

You are hereby commanded to enter the same and without delay cause the said A.B. ...... to have possession of the said lands and premises with the appurtenances. And in what manner you have executed this order, make appear to the High Court immediately after the execution thereof, and have you then there this order.

BY ORDER, &c.

This order was issued, &c. [As in Form No. 1].

Amount due to plaintiff, £..... balance of sum directed to be paid to plaintiff by instalments by order of the High Court dated the ... day of ....., 19...., as verified by affidavit of .........

Amount (agreed upon in satisfaction) of rent to the ..... day of .....,19..., and costs ... ... ... £...

Amount of instalments paid ... ... ... £...

Balance due ... ... ... £...

(Signed)

Solicitor for plaintiff.


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No 8.


O. 48, r. 2

ORDER OF DELIVERY.

[Heading as in Form No. 1].


To the sheriff (County Registrar) of ........... greeting.

You are hereby commanded that without delay you cause the following chattels, that is to say [here enumerate the chattels recovered by the judgment or order for the return of which execution has been ordered to issue], to be returned to A.B., which the said A.B., lately in the High Court recovered against C.D.[or C.D.was ordered to deliver to the said A.B.in an action in the High Court]* And you are hereby further commanded that if the said chattels cannot be found in your bailiwick, you distrain the said C.D.by all his lands and chattels in your bailiwick, so that neither the said C.D.nor any one for him do lay hands on the same until the said C.D.render to the said A.B. the said chattels.†

And in what manner you have executed this order make appear to the High Court immediately after the execution hereof, and have you then there this order.

BY ORDER, &c.

This order was issued, &c.[as in Form No. 1].


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No. 9.


O. 48, r. 2

THE LIKE, BUT INSTEAD OF A DISTRESS UNTIL THE CHATTEL IS RETURNED, COMMANDING THE SHERIFF TO LEVY ON DEFENDANT'S GOODS THE ASSESSED VALUE OF IT.

_______


[Proceed as in Form No. 8 until the * and then thus]: And you are hereby further commanded that if the said chattels cannot be found in your bailiwick, of the goods and chattels of the said C.D. in your bailiwick you cause to be made £ ...... [the assessed value of the chattels]† And in what manner you have executed this order make appear to the High Court immediately after the execution hereof, and have you then there this order.

BY ORDER, &c.

This order was issued, &c.[as in Form No. 1].


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No. 10.


O.48, r. 2

[If in either of Forms 8 or 9 it is wished to include damages, costs, and interest, proceed to the and continue thus:]

And you are hereby further commanded that of the goods and chattels of the said C.D.in your bailiwick, you cause to be made the sum of £... (damages). And also interest thereon at the rate of £... per cent. per annum, from the ... day of ....., which said sum of money and interest were by the judgment (or order) dated the ... day of ....., adjudged (or ordered) to be paid by the said C.D.to A.B., together with certain costs in the said judgment (or order) mentioned, and which costs have been taxed and allowed by the Taxing Master at the sum of £... as appears by the certificate of the Taxing Master, dated the ... day of ...... And that of the goods and chattels of the said C.D.in your bailiwick you further cause to be made the said sum of £... costs, together with interest thereon at the rate of £... per cent. per annum from the ... day of ..... ,and that you have that money and interest before the High Court immediately after the execution hereof to be paid to the said A.B.in pursuance of the said judgment (or order).

And in what manner you have executed this order make appear to the High Court immediately after the execution hereof, and have you then there this order.

BY ORDER, &c.

This order was issued, &c. [as in Form No. 1].


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No. 11.


O. 44, r. 1

ORDER OF ATTACHMENT.

_______

[Heading as in Form No. 1].


To the Commissioner and members of the Garda Siochana, greeting.

Whereas lately in the High Court it was adjudged that C.D. ..... should be attached on the ground that he was in default in that (here shortly specify the default).

You are hereby commanded to attach the said C.D.so as to have him before the High Court at the Four Courts, Dublin, there to answer for the contempt which by reason of such default it is alleged he has committed against the High Court, as well as such other matters as shall then and there be charged against him, and further to perform and abide such order as the High Court shall make in his behalf, and have you then and there this order.

BY ORDER, &c.

This order was issued &c. [as in Form No. 1].


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_______

No. 12.


O. 44, r. 2

ORDER OF COMMITTAL IN CASES OTHER THAN JUDGMENT DEBTORS.
_______

[Heading as in Form No. 1].


To the Commissioner and members of the Garda Siochana, greeting.

Whereas lately in the High Court it was adjudged that C.D., for default [here shortly specify] was guilty of contempt of the High Court and do stand committed to prison for the said contempt.

You are hereby commanded to arrest the said C.D.and thereupon to lodge him in ...... Prison, there to be detained until he purge his said contempt and is discharged pursuant to further order of the High Court. And in what manner you have executed this order make appear to the High Court immediately after the execution hereof and have you then and there this order.

BY ORDER, &c.

This order was issued, &c. [as in Form No. 1]


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_______

No. 13.


O. 44, r. 10

ORDER OF COMMITTAL OF JUDGMENT DEBTOR.
_______

[Heading as in Form No. 1].


To the Commissioner and members of the Garda Siochana, greeting.

Whereas lately in the High Court it was adjudged that C.D. be, for default in payment of the debt hereinafter mentioned, committed to prison for the term of ........ [not to exceed one year] from the date of his arrest, including the day of such date, or until he shall sooner pay to the plaintiff the sum of £...* being the amount due by him in pursuance of a judgment (or order) of the High Court dated ...... together with interest thereon at the rate of £... per cent. per annum from the said date (and £... costs of the said judgment (or order) and interest thereon at the rate of £... per cent. per annum from the said date) and £... for the costs of this order.

†You are hereby commanded to arrest the said C.D. and thereupon to lodge him in ...... Prison there to abide the said order of committal. And in what manner you have executed this order to make appear to the High Court immediately after the execution hereof and have you then and there this order. And forthwith after such arrest to indorse upon copies of this order the date of such arrest and one copy so indorsed to leave with the Governor of the said prison and another copy within two days to return to the person issuing this order.

BY ORDER, &c.

This order was issued, &c. [as in Form No. 1].


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No. 14.


O. 44, r. 10

ORDER OF COMMITTAL OF JUDGMENT DEBTOR ON NON-PAYMENT OF INSTALMENT.

_______

[Heading as in Form No. 1].


[Proceed as in Form No. 13 until the *and then thus] being the amount of the instalment due on the ... day of ..... under the order of the High Court dated ..... (together with the further sum of £... for costs ) [continue as in Form No. 13 from the †]

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No. 15.


O. 44, r. 12

CERTIFICATE OF PAYMENT OF SUM SPECIFIED IN COMMITTAL ORDER.

I certify that C.D. now in ...... Prison upon an order of the High Court at the suit of A.B. for non-payment of a debt (or instalment) of £..... has satisfied the said debt (or instalment) together with the costs specified in the said order.

Dated

(Signed)

Solicitor for the said A.B.

[Registered place of business]

(or A.B.)

[Place of abode].

(Witness to the signature of A.B.

G.H. solicitor

[Registered place of business].

or J.K. (Peace Commissioner)


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No. 16.


O. 69, r. 1

ORDER FOR ARREST UNDER THE DEBTORS ACT (IRELAND), 1872, SECTION 7.

_______

[Heading and title of action].


Upon hearing ................ and upon reading the affidavit ............... of ..........., filed the ... day of ....., 19..., and ..........

It is ordered that the defendant ....... be arrested and imprisoned for the term of ..... from the date of his arrest, including the day of such date, unless and until he shall sooner deposit in Court the sum of £..., or give to the plaintiff a bond executed by him and two sufficient sureties in the penalty of £..., or some other security satisfactory to the plaintiff, that .......

And it is further ordered that the Commissioner and members of the Garda Siochana do within one calendar month from the date hereof, including the day of such date, and not afterwards, take the defendant for the purpose aforesaid.


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No. 17.


O. 43, r. 2

ORDER OF SEQUESTRATION.

[Heading as in Form No. 1].


To [names of sequestrator or sequestrators] greeting.

Whereas lately in the High Court in a certain action wherein A.B. is plaintiff and C.D. and others are defendants [or, in a certain matter entitled "In the matter of E.F." as the case may be] by a judgment [or order] of the High Court made in the said action [or matter], and bearing date the ... day of ..... 19..., it was ordered that the said C.D. should pay into Court to the credit of the said action the sum of £..., or, as the case may be]. Know ye, therefore, that the High Court has given, and by these presents doth give to you, full power and authority to enter upon all the messuages, lands, tenements, and real estate whatsoever of the said C.D., and to collect, receive, and sequester into your hands not only all the rents and profits of his said messuages, lands, tenements and real estate, but also all his goods, chattels, and personal estates whatsoever; and, therefore you are commanded, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estates of the said C.D., and that you do collect, take, and get into your hands not only the rents and profits of his said real estate, but also all his goods, chattels, and personal estate and detain and keep the same under sequestration in your hands until the said C.D. shall [pay into Court to the credit of the said action the sum of £..., or, as the case may be, and] clear his contempt, and the High Court make other order to the contrary.

BY ORDER, &c.

This order was issued, &c. [as in Form No. 1].


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Part III

S.I. No. 485 of 2014

No 1


O. 42A, r. 22

CERTIFICATE

Certificate of Judgment sought to be enforced or recognised in a Contracting

State of the Brussels or Lugano Convention

*[THE HIGH COURT]

*[THE COURT OF APPEAL]

*[THE SUPREME COURT]


20.... No........

Between AB, ........ Plaintiff,

and CD, ........ Defendant.

I, ... EF, *[a Registrar of the High Court of Ireland] *[the Registrar of the Court of Appeal of Ireland] *[the Registrar of the Supreme Court of Ireland] hereby certify:

That the originating summons [or, other originating document as the case may be,] a certified true copy of which is annexed hereto was issued out of the Central Office of the High Court of Ireland on the ..... day of ......... 20......, by AB, the above-named plaintiff against CD, the above-named defendant for (here state nature of the proceedings and the relief claimed).

That the Court assumed jurisdiction in these proceedings pursuant to the particular provisions(s) of

*the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on the 27th September, 1968

*the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007 and concluded on behalf of the European Community pursuant to Council Decision 2009/430/EC and the Protocols and Annexes thereto

(here state the particular provision(s)).

That the said originating summons [or, other originating document as the case may be] was duly served on the ...... day of ....... 20...., upon the said CD by (state mode of service).

The said CD entered an appearance [or did not enter an appearance].

That CD was represented [or was not represented] at the hearing of the proceedings.

That the said plaintiff [or defendant] obtained judgment against the said defendant [or plaintiff] in the *[High Court] *[Court of Appeal] *[Supreme Court] for (state relief ordered) [together with an order for costs].

That the said judgment carries interest at the rate of ......... per cent. per annum on the judgment debt and costs from date of judgment until payment.

That the time for lodging an appeal against the judgment expired [or will expire] on the ..... day of ......... 20....

That no application to set the judgment aside [or no appeal against the judgment] has been brought within the time prescribed.

That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

This certificate is issued under section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

Dated the ...... day of ........ 20.....

(Signed) .... EF *[a Registrar of the High Court of Ireland] *[the Registrar of the Court of Appeal of Ireland] *[the Registrar of the Supreme Court of Ireland]

*delete where inapplicable


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PART IV

S.I. No. 3 of 2006

No. 1


O. 42B, r. 5(1)
[Title as in the proceedings]

I, AB, ………….of ………… , the (plaintiff or state other capacity) in the above-entitled proceedings, aged eighteen years and upwards MAKE OATH and say as follows:

1. [State deponent’s authority]. I make this affidavit from facts within my own knowledge save where otherwise appears and where so otherwise appears, I believe the same to be true.

2. I beg to refer to the proceedings had herein and to the [judgment given/order made] on the …. day of ………20 … where [judgment was given for the plaintiff / the defendant was ordered to pay the plaintiff] the sum of €….. . I say that the said [judgment/order] amounts to a judgment on an uncontested claim, within the meaning of Regulation (EC) No 805/2004.

3. The claim herein was for payment of a specific sum of money which had fallen due and that the claim was uncontested within the meaning of Article 3 of Regulation (EC) No 805/2004 because:

[state which of the circumstances set out in Article 3 applies]

4. The [judgment / order] may be certified as a European Enforcement Order under Article 6 of Regulation (EC) No 805/2004 because:

*each of the conditions set out in paragraphs (a), (b), (c) and (where appropriate) (d) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] or

*(where any of the procedural requirements set out in any one or more of Articles 13 to 17 inclusive of Regulation (EC) No 805/2004 is not met) *each of the conditions set out in paragraphs (a), (b) and (where appropriate) (d) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] and, [state the basis upon which under Article 18(1) or Article 18(2) of the Regulation any non-compliance was cured]

5. I beg to refer to a completed draft European Enforcement Order certificate in the form in Annex I to Regulation No. 1869/2005 upon which marked “A” I have signed my name prior to the swearing hereof and I say that the contents of the said draft certificate as completed are true. I accordingly pray that the [judgment / order] be certified as a European Enforcement Order in accordance with Article 6 of the said Regulation No. 805/2004 in the form of the draft exhibited hereto.


SWORN etc

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S.I. No. 485 of 2014

No. 2


O. 42B, r. 9(3)

[Title as in the proceedings]

Regulation (EC) No 805/2004

CERTIFICATE OF *RECTIFICATION / *WITHDRAWAL OF A EUROPEAN ENFORCEMENT ORDER CERTIFICATE (Article 10(3))


TAKE NOTICE that on application made to this Court on the ..... day of ....... 20....

THE FOLLOWING EUROPEAN ENFORCEMENT ORDER CERTIFICATE

1. Member State of origin: IRELAND (IE)

2. Court/Authority issuing the certificate:

2.1 Name: *Supreme Court/*Court of Appeal/*High Court/*Master of the High Court

2.2 Address: Four Courts, Dublin, Ireland

2.3 Tel/fax/e-mail:

3. If different, Court/Authority issuing the judgment:

3.1 Name: *Supreme Court/*Court of Appeal/*High Court/*Master of the High Court

3.2 Address: Four Courts, Dublin, Ireland

3.3 Tel/fax/e-mail:

4. Judgment:

4.1 Date:

4.2 Reference number (record number):

4.3 Parties:

4.3.1 Name and address of creditor(s):

4.3.2 Name and address of debtor(s):

HAS BEEN

*5. RECTIFIED as due to a material error there is the following discrepancy between the European Enforcement Order Certificate and the underlying judgment:

*6. WITHDRAWN because:

6.1 *the certified judgment was related to a consumer contract but was given in a Member State where the consumer is not domiciled within the meaning of Article 59 of Regulation (EC) No. 44/2001 ........

6.2 *the European Enforcement Order Certificate was clearly wrongly granted for another reason: ...........

and the original of the said European Enforcement Order Certificate (and every duplicate thereof) has not been lodged with this Court.

Done at the Four Courts, Dublin on the ...... day of ...... 20 ......

Signed ...............

*[A Registrar of the High Court of Ireland]

*[Registrar of the Court of Appeal of Ireland]

*[Registrar of the Supreme Court of Ireland] (seal)

*delete where appropriate


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S.I. No. 551 of 2008

No. 3

HIGH COURT

Record number:
Regulation (EC) No. 1896/2006

NOTIFICATION OF RECEIPT OF STATEMENT OF OPPOSITION TO A EUROPEAN ORDER FOR PAYMENT AND OF TERMINATION OFPROCEEDINGS (Article 17)


Between

A.B.
Claimant
and

C.D.

Defendant

To: the claimant

TAKE NOTICE that a statement of opposition has been entered by the defend

ant to the above European order for payment on the .... day of ...... 20 .... In accordance with your request that the proceedings be terminated in that event, the proceedings have been terminated.

Dated the ..... day of .............. 20 ....

Signed ........................

Registrar High Court Central Office


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S.I. No. 551 of 2008

No. 4


O. 42C, r. 3(11).

HIGH COURT
Record number:
Regulation (EC) No. 1896/2006

NOTIFICATION OF RECEIPT OF STATEMENT OF OPPOSITION TO A EUROPEAN ORDER FOR PAYMENT AND TRANSFER TOORDINARY CIVIL PROCEEDINGS (Article 17)


Between

A.B.
Claimant
and

C.D.

Defendant

To: the claimant

TAKE NOTICE that a statement of opposition has been entered by the defendant to the above European order for payment on the .... day of ...... 20 ...

As you have not explicitly requested that the proceedings be terminated in that event,

*the proceedings have been transferred to ordinary civil proceedings before the High Court.

*the proceedings have been remitted to the Circuit Court (.......... Circuit) in accordance with Regulation 8(3) of the European Communities (Order for Payment) Regulations 2008 (S.I. No. 525 of 2008).

*the proceedings have been remitted to the District Court (District Court Area of .........., District No. ....) in accordance with Regulation 8(3) of the European Communities (Order for Payment) Regulations 2008 (S.I. No. 525 of 2008).

You should notify the Central Office of the High Court of an address in Ireland for service of documents in the proceedings.

Dated the ..... day of ................. 20....

Signed ..........................

Registrar High Court Central Office

*delete whichever inapplicable


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PART V.

S.I. No. 161 of 2016

No 1


O. 42D, r. 12(3)

*THE SUPREME COURT *THE COURT OF APPEAL *THE HIGH COURT

In the matter of Article 13(1)(d) of the Convention on Choice of Court Agreements done at The Hague on the 30th day of June 2005 and approved on behalf of the European Union pursuant to Council Decision 2014/887/EU


Between AB,

Plaintiff

and CD

Defendant

I certify that the order of the court in the above proceedings made on the ..... day of ..... 20... a certified copy of which is appended to this certificate:

      (a) is not the subject of an appeal which remains to be determined, and

      (b) is not the subject of a stay which remains unexpired, and

      (c) *has effect *is enforceable in this State. Dated Signed Registrar For the Court

*Delete where inapplicable


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