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Circuit Court Rules

Order: 36

Execution

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No36-S.I. No. 542 Of 2004: Circuit Court Rules (Personal Injuries Assessment Board) 2004

    1. Any judgment or order for the payment of money shall be enforced at the request of the party prosecuting such judgment or order by an execution order issued under the Seal of the Court in Form 20 of the Schedule of Forms annexed hereto.

    2. Any judgment or order for the recovery of or for the delivery of possession of land, whether made in an action of ejectment or in any other action or matter, may be enforced by an order for possession issued under the Seal of the Court in Form 23 of the Schedule of Forms annexed hereto.

    3. When, in any proceeding other than an ejectment, an order is made for the recovery of or the delivery of possession of land to any person, an execution order for possession shall not be issued by the County Registrar without evidence (by affidavit or declaration) of service of the order and disobedience thereto.

    4. A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything may be enforced by an execution order by way of attachment or committal.

    5. Any judgment or order against a corporation wilfully disobeyed may, by leave of the judge, be enforced by an execution order by way of attachment or committal against the directors or other officers thereof, or any of them.

    6. Where a judgment or order is for the recovery of any property other than money or land, the Judge may order, upon the motion of the plaintiff or other person entitled to prosecute such judgment or order, that in default of delivery an execution order shall issue for the delivery of the property without giving the defendant the option of retaining the same upon payment of the value assessed, if any, and that if the property cannot be found, and unless the Judge otherwise orders, distraint shall be made on all the goods, chattels and lands of the defendant until the property has been delivered, or, at the option of the plaintiff, that the Sheriff or Court Messenger shall cause to be levied on the defendant's goods the assessed value, if any, of the property. Such execution orders shall be in accordance with Forms 21 and 22 of the Schedule of Forms annexed hereto.

    7, If any difficulty arises in or about the execution or enforcement of any judgment or order other than a judgment or order for the recovery or payment of money, any party interested may apply to the Court, and the Judge may make such order thereon for the attendance and examination of any party or otherwise as he may think just.

    8. Where a judgment or order is against a firm, execution may issue:

    (a) against any property of the partnership within the jurisdiction;

    (b) against any person who has appeared in his own name under Rule 4 of Order 8 and has failed to deliver a defence, or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner.

    If the person who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court on notice to such last-named person for leave so to do; and the Judge may give such leave if the liability be not disputed, or, if such liability be disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in any action may be tried and determined. Except as against any property of the partnership, a judgment against a firm shall not render liable, or otherwise affect any member thereof who was out of the jurisdiction when the Civil Bill was issued, and who has not entered an appearance unless he has been made a party to the action under Order 6, or has been served within the jurisdiction after the Civil Bill was issued.

    9. Every decree of the Court, and every judgment in default of appearance or defence, shall be in full force and effect for a period of twelve years from the date thereof, and an execution order based on any such decree or judgment may be issued in the Office within the said period, but not after the expiration of six years from the date of such decree or judgment without leave of the Court. An application for such leave shall be made by motion on notice to the party sought to be made liable.

    10. If, at any time during the period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties entitled or liable to execution, the party claiming to be so entitled may apply to the Court on notice for leave to issue execution, and the original decree or judgment may be amended so as to give effect to any order made by the Court on the application.

    11. Every order of the Court in any cause may be enforced in the same manner as a judgment to the same effect.

    12. An order for execution if unsatisfied shall remain in force for one year only from and exclusive of the date of its issue.

    13. An execution order may, on the application of the party entitled thereto, be renewed in the Office at any time during the currency of the decree or judgment in respect of which it was originally issued for the period of not more than one year from the date of such renewal, provided that the said decree or judgment be in full force and effect for the period for which the said execution order is so renewed. The fact of the renewal of any such order shall be indorsed thereon and the order shall be re-sealed. An order for execution so renewed shall have effect and be entitled to priority according to the time marked thereon as the date of its original issue.
    14. A person seeking renewal of an order for execution shall make and file an affidavit averring that he is entitled to such renewal and setting out all credits, if any, to which the person liable to such execution is entitled and, where the judgment, decree or order sought to be enforced is for payment of money, the amount then due on foot thereof.

    15. Where an execution order has been destroyed or lost the party entitled to execution may apply to the Court or County Registrar for a re-issue of the said order, and thereupon the Judge or County Registrar may order such re-issue.

    16. Where any change has taken place by death, assignment, or otherwise, in the parties entitled or liable to execution, and a party alleges himself to be entitled by reason of one and the same change or other cause to enforce the judgments or orders in more actions or matters than one, or to enforce a judgment or order against more persons than one, he may make one application for leave to issue the necessary process in all or any of such actions or matters, or against all or any of such persons, specifying in a schedule to such application all the actions or matters in respect of which such application is made, and one order only may be made on such application in respect of all or any of such actions or matters, or all or any of such persons, and, in serving notice of any such order on any person affected thereby it shall be sufficient to set forth such part only of the order as affects such person without setting forth the rest of such order.

    17. Every order for execution shall be endorsed with the name and place of business of the Solicitor actually suing out the same, and, if no Solicitor shall be employed to sue out the order, then it shall be indorsed with a memorandum expressing that the same has been sued out by the party in person, mentioning the place of residence and postal address of such party.

    18. No execution order shall be issued until the party desirous of issuing the same, or his Solicitor, shall have lodged a requisition therefor, giving the title of the proceedings, the date of the judgment, and of the order (if any) giving leave to issue execution, and the names and description of the parties against whom, or of the firm against whose goods the execution order is to be issued.

    19. Every execution order for the recovery of money shall contain a direction to the Sheriff to levy the money due and payable, and sought to be recovered under the judgment or order of the Court, stating the amount so as to distinguish any sum stated to have been paid and that remaining due, and the costs awarded, and the amount of the costs for issuing the execution order, and also to levy interest on the money due and payable, if sought to be recovered, at such rate as may from time to time be determined from the time when the judgment or order of the Court was entered or made, unless the judgment or order of the Court otherwise directs.
    20. Orders for execution against goods may be issued concurrently in more than one County, provided that the costs of more than one order on foot of the same judgment shall not be allowed against the execution debtor unless by order of the Judge.

    21. Where a notice of motion for committal has been served, or an order of committal has been made against a debtor, and is outstanding, an order for execution against the goods of the debtor shall not be issued in the same proceeding except by leave of the Judge, and on such terms as he may impose.

    22. An order for execution may at any time, on payment of the prescribed fees payable to the Sheriff, be withdrawn or suspended by notice to the Sheriff by the party or person who has sued out the same.

    23. Whenever any money is levied or paid to a Court Messenger under any execution order or other process, the Court Messenger shall give a receipt for the same in accordance with the form prescribed in the Schedule of Forms annexed hereto at Form 24.

    24. The plaintiff or other party applying for execution may obtain separate execution orders for the relief granted under any decree or order and for the costs thereof.

    25. Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment or order, within which the act is to be done, and upon the copy of the judgment or order which shall be served upon the person required to obey the same there shall be endorsed a memorandum in the words or to the effect following, viz.:C

    "If you, the within-named A.B., neglect to obey this judgment (or order) by the time herein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey the said judgment (or order)."

    26. If a mandatory order, injunction, or judgment for the specific performance of any contract be not complied with, the Judge, in addition to or in lieu of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done, so far as practicable, by the party by whom the judgment or order has been obtained, or by some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Judge may direct, and execution may issue for the amount so ascertained, and for such sum, if any, for costs as the Judge may award.

    27. On every execution order there shall be printed, either at the foot or on the back thereof, a true copy of the schedule of fees payable to the Sheriff for execution, in accordance with any order for the time being in force with regard to the execution orders of the Court.