Oral examinations in court

Oral examinations are the second most commonly used post judgment remedy by judgment creditors in the High Court and County Court, after warrants of execution. The relevant provisions concerning oral examinations are contained in Order 48 Rules of the Supreme Court in respect of High Court proceedings, and Order 25 Rule 3 of the County Court Rules 1981 in respect of County Court proceedings.

The order for oral examination compels the judgment debtor, or if the judgment debtor is a limited company, one of its officers or former officers, to attend before a Court officer to be examined, under oath, as to his assets, liabilities, income and outgoing.

A well conducted oral examination will allow the judgment creditor to make a more informed choice as to which of the available methods of enforcement is most likely to result in payment of the judgment debt, or whether the judgment creditor is best advised not to throw further good money after bad.

The rules are similar in the provisions as to who may be required to attend an examination and what questions may be asked. The procedure for obtaining an order for the judgment debtor's examination are, however, different.

High Court

The application is made ex-parte on affidavit. The affidavit must identify the judgment both by date and action number; show that the applicant is entitled to enforce the judgment; an state the amount unpaid under the judgment as at the date of the application.

Where an application to examine the judgment debtor is made in the High Court, the examination will be ordered to be conducted at the Court where the least expense will be incurred. This will normally be the judgment debtor's home County Court. The affidavit should therefore also state the last known address for the judgment debtor and the appropriate County Court. If the judgment creditor requires the examination to be carried out at a Court other than the judgment debtor's local Court then he must give good reason in the affidavit. Convenience for the judgment creditor is not a good reason.

The affidavit together with the appropriate fee is lodged with the Court. The Master will endorse his order on the affidavit and the judgment creditor must then draw up the order...