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r 43.04

Duration and priority

In force
Chapter 2Rules for enforcement of orders
Part 43Warrants of execution generally

43.04 Duration and priority

(1)

Subject to subrule (2), a warrant of execution is valid for execution for 12 months after the date on which it is issued.

(2)

The Court may order that the validity of a warrant of execution be extended for not more than 12 months from the day on which it would otherwise expire.

(3)

In determining whether to extend the validity of a warrant of execution, the Court must have regard to the attempts made to execute the warrant.

(4)

An order extending validity is not to be made after the day of expiry of a warrant of execution.

(5)

Subject to subrules (2), (3) and (4), the Court may make further orders extending the validity of a warrant of execution.

(6)

The priority of a warrant of execution the validity of which has been extended is to be determined by reference to the date and time the warrant was originally delivered to the bailiff to whom it was directed for execution.

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