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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 37.2 Application for instalment order by judgment debtor

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 37.2

Application for instalment order by judgment debtor

37.2 Application for instalment order by judgment debtor

(cf DCR Part 31A, rule 2; LCR Part 27, rule 2)

(1) A judgment debtor may apply to the court for an instalment order with respect to the amount owing under the judgment debt.
(2) Such an application--
(a) may be made whether or not some other instalment order is in force in relation to the judgment debt, and
(b) must be supported by an affidavit as to the judgment debtor's financial circumstances, and
(c) must be dealt with as soon as practicable after it is made.
(3) An application under this rule--
(a) except as provided by paragraph (b), is to be dealt with by the registrar under rule 37.3, or
(b) if it is made during a hearing before the court, is to be dealt with by the court under rule 37.4.
(4) Notice of motion of an application under this rule does not have to be filed or served if the application is made during the hearing at which the judgment debtor is being examined pursuant to an order for examination.