Order to obtain information Flashcards
(8 cards)
briefly, what is this and what can it include?
JC can apply to court for JD to attend court and give information about:
o JD’s means; or
o Other information to enforce the judgment
what information must be included on the JC’s application form? in which court should this be filed?
Form N316 which must inc.:
o JD details (inc. officer details if company)
o Details of judgment being enforced + amount owed
o Whether documents sought + details
o If JC wants to ask specific Qs - must attach
Issued in court which gave judgment (unless transferred)
how can the application be made and determined?
Application can be made w/o notice + determined on the papers
who can serve the order and what are the requirements?
Must be personally served at least 14 days before hearing
Can be served by JC or CC bailiff/HCEO
what obligations are on the JC? (elaborate where necessary)
JC must pay reasonable travel expenses if requested by JD within 7 days of service of order
JC must file an affidavit inc.:
o Details of service (if JC served)
o Amount outstanding
o If travel expenses requested + if so that these have been paid
what are the potential consequences if JD fails to comply with the order?
contempt of court/fine/confiscation of assets/other punishment
what is the standard procedure when the hearing is before a court officer?
JD gives answers on oath
Court officer asks standard Qs (standard Qs on record of examination form inc. personal, employment, income, property, savings, debts, offer of payment) (+any additional Qs in AN)
or
JC may attend and conduct questioning themselves
Court officer takes written note (unless transcribed) + JD asked to sign.
what is the standard procedure when the hearing is before a judge?
o JC must attend + conduct questioning (no standard Qs used)
o No written record. JC takes own note or obtains transcript.
