Order 43 — Committal for Contempt of Court

(1) The procedure in applications for committal for contempt of court in cases to which this Rule applies shall be the same as for applications for an order for judicial review under Order 40 of these Rules so far as may be applicable.

(2) The notice of motion shall be personally served unless the Judge dispenses with such service.

(3) This Rule applies to cases where the contempt is committed:

(a) in connection with proceedings to which this Order relates; or

(b) in connection with criminal proceedings or

(c) subject to the provisions of the Sheriff and Civil Process Act, any proceedings in the High Court or where the contempt consists of disobedience to an order of the Court; or

(d) in connection with proceedings in an inferior Court.

Provided that this Rule shall not apply where the contempt is committed in facie curiae.

When an order enforceable by committal has been made against a judgment debtor, and if the order is for delivery of goods without the option of paying their value or is in the nature of an injunction, the Registrar shall, when the order is drawn up, endorse it as follows:

“To ………. of ……….

TAKE NOTICE that unless you obey the direction(s) contained in this order you will be guilty of contempt of court and will be liable to be committed to a correctional facility or detention centre.

Dated this ………. day of ………. 20 ……….

Registrar”

Upon service of the application for committal issued in a case to which Rule 1 of this Order applies, the Respondent shall, within two days, file a statement stating the reasons why an order for committal should not be issued. The statement shall be verified by an affidavit deposed to by the respondent.

Every order of committal issued in a case to which Rule 1 of this Order applies shall be made returnable before the Judge. If a return of non est inventus (not found) is made, a subsequent order or orders may be issued on the return of the previous order.