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THESE VERSIONS OF THE CIVIL PROCEDURE RULES AND FORMS IN THE EVENT OF A DISCREPANCY, THE RULES AND FORMS FOUND AT THE FORMS ARE "INTERACTIVE" MEANING THEY CAN BE FILLED OUT ON YOUR COMPUTER The Rule can be accessed by clicking on the Rule number in the column to the far left. |
| PART 10 - TEMPORARY REMEDIES | |||
| RULES | REGARDING ..... | RELATED FORMS | |
| Rule 41 | Interlocutory Injunction and Receivership | ||
| 41.01 | Definitions |
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| 41.02 | Scope of Rule 41 | ||
| 41.03 | Motion on notice | ||
| 41.04 | Interim injunction or receivership | ||
| 41.05 | Ex parte interim injunction or receivership | ||
| 41.06 | Undertaking and award of damages | ||
| 41.07 | Powers and duties of interim or interlocutory receiver | ||
| 41.08 | Restraining or mandatory injunction | ||
| 41.09 | Termination and variation | ||
| 41.10 | Order in aid of another court | ||
| Rule 42 | Preservation Order | ||
| 42.01 | Scope of Rule 42 |
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| 42.02 | Preservation of evidence or property by injunction | ||
| 42.03 | Preservation of evidence or property by seizure (Anton Piller or similar orders) | ||
| 42.04 | Entry, contempt, and use of force | ||
| 42.05 | Supervising lawyer | ||
| 42.06 | Rehearing | ||
| 42.07 | Undertaking and award of damages | ||
| 42.08 | Privilege and other confidential information | ||
| 42.09 | Sale of property | ||
| 42.10 | Dispute about security interest | ||
| 42.11 | Preservation of assets (Mareva Injunction) | ||
| Rule 43 | Temporary Recovery Order | ||
| 43.01 | Scope of Rule 43 |
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| 43.02 | Motion for temporary recovery order | ||
| 43.03 | Affidavit | ||
| 43.04 | Obligation and bond securing it | Bond For Temporary Recovery Order | Form 43.04 |
| 43.05 | Form of order | Temporary Recovery Order | Form 43.05 |
| 43.06 | Party reacquiring property | Bond to Retain Property (Party's) | Form 43.06A |
| Prothonotary’s Certificate | Form 43.06B | ||
| 43.07 | Other person reacquiring property | ||
| 43.08 | How land is seized | ||
| 43.09 | How corporate shares or securities are seized | ||
| 43.10 | Sheriff to deliver property | ||
| 43.11 | Judge’s directions | ||
| 43.12 | Termination by judge | ||
| 43.13 | Final order, damages, and assignment | ||
| Rule 44 | Attachment | ||
| 44.01 | Scope of Rule 44 |
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| 44.02 | Motion for attachment | ||
| 44.03 | Affidavit | ||
| 44.04 | Obligation and bond securing it | Obligation Bond (for Attachment) | Form 44.04 |
| 44.05 | Attachment | ||
| 44.06 | Attachment order | Attachment Order | Form 44.06 |
| 44.07 | Terminating attachment | Bond to Terminate Attachment (Party’s) | Form 44.07A |
| Prothonotary’s Certificate | Form 44.07B | ||
| 44.08 | More than one attachment | ||
| 44.09 | Disputes about attached property | ||
| 44.10 | Motion to judge | ||
| Rule 45 | Security for Costs | ||
| 45.01 | Scope of Rule 45 | ||
| 45.02 | Grounds for ordering security | ||
| 45.03 | Terms of order | ||
| 45.04 | Stay and dismissal | ||
| Rule 46 | Payment into Court | ||
| 46.01 | Scope of Rule 46 | ||
| 46.02 | Purposes of payment | ||
| 46.03 | Defence of tender | ||
| 46.04 | Payment into court on notice | Notice of Payment into Court | Form 46.04 |
| 46.05 | Payment into court on order | ||
| 46.06 | Reduction of payment | ||
| 46.07 | Payment of money out of court | ||
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