Arrest warrant where person fails to comply with order for examination under rule 38.3
38.6 Arrest warrant where person fails to comply with order for examination under rule 38.3
(cf Act No 9 1973, section 92; Act No 11 1970, section 42; DCR Part 32, rule 6; LCR Part 28, rule 7)
A warrant issued under section 97 of the Civil Procedure Act 2005 as a consequence of a person’s failure to comply with an order for examination referred to in rule 38.3—
may be issued or revoked by the court of its own motion or on the application of the person in whose favour a judgment or order has been given or made, and
must be expressed to expire no later than 3 months after the date on which it is issued, and
may not be issued in relation to a person’s failure to comply with an order for examination earlier than 14 days, nor later than 3 months, after the court has served notice on the person to whom the order for examination is addressed that failure to attend for examination may result in the person’s arrest.
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