Matrimonial Causes (Judgment Summons) Rules, 1952
| Jurisdiction | UK Non-devolved |
| Citation | SI 1952/2209 |
1952 No. 2209 (L. 21)
SUPREME COURT, ENGLAND
The Matrimonial Causes (Judgment Summons) Rules, 195218thDecember 1952
19thDecember 1952
12thJanuary 1953
I, Gavin Turnbull, Baron Simonds, Lord High Chancellor of Great Britain, with the concurrence of the President of the Board of Trade and in exercise of the powers conferred upon me by section 107 (5) and section 132 of the Bankruptcy Act, 1914(a), and of all other powers enabling me in that behalf, hereby make the following Rules:—
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Matrimonial Causes (Judgment Summons) Rules, 1952, and shall come into operation on the twelfth day of January, 1953.
(2) The Interpretation Act, 1889(b), shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(3) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
"Judgment" means any judgment or order for the payment of money given or made in a matrimonial cause; "debtor" means a person liable under a judgment; and "judgment creditor" means a person entitled to enforce a judgment;
"Judgment summons" means a summons under section 5 of the Debtors Act, 1869(c), requiring the debtor to appear and be examined on oath as to his means;
"Matrimonial cause" means any proceedings for divorce, nullity of marriage, judicial separation, jactitation of marriage, or restitution of conjugal rights, or any proceedings under section 23 of the Matrimonial Causes Act, 1950(d);
"Registrar" means a registrar of the Divorce Registry or of a district registry;
The expressions "Judge", "Divorce Registry" and "district registry" have the meanings respectively assigned to them by the Matrimonial Causes Rules, 1950(e).
(4) A form referred to by number means the form so numbered in the Appendix to these Rules.
(a) 4 & 5 Geo. 5. c. 59.
(b) 52 & 53 Vict. c. 63.
(c) 32 & 33 Vict. c. 62.
(d) 14 Geo. 6. c. 25.
(e) S.I. 1950/1940; 1950 II, p. 929.
Application for issue of judgment summons
2.—(1) A judgment creditor may apply ex parte in Form 1 to a registrar in the Divorce Registry or a district registry, whichever in the opinion of the judgment creditor is most convenient in relation to the place where the debtor resides or carries on business, and irrespective of the registry in which the cause is proceeding, for leave to issue a judgment summons against the debtor.
(2) A judgment summons shall not be issued—
(a) where the application relates to an order to lodge money in court or to an order containing any form of undertaking in respect of the amount which it is sought to recover; or
(b) without the leave of the judge, where the debtor is in default under an order of commitment made on a previous judgment summons in respect of the same judgment.
Transfer of file of proceedings
3. Where an application is made to issue a judgment summons in a registry other than that in which the cause is proceeding, the file of proceedings shall, if required by the registrar to whom such application is made, be sent to him for the purpose of the application and of the hearing of the summons.
Service of judgment summons
4.—(1) A judgment summons shall be in Form 2 and shall, unless otherwise directed, be served personally upon the debtor not less than five clear days before the day fixed for the hearing, together with a sum reasonably sufficient to cover the debtor's expenses in travelling to and from the court.
(2) An application...
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