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Federal Courts Rules

Version of section 456 from 2006-03-22 to 2022-01-12:


Marginal note:Payment of money in court

  •  (1) Where money is standing to the credit of a judgment debtor in court, the judgment creditor shall not bring a motion under rule 449 in respect of the money, but may bring a motion for an order that the money, or a lesser amount sufficient to satisfy the order sought to be enforced and the costs of the motion, be paid to the judgment creditor.

  • Marginal note:Limitation

    (2) Money to which a motion under subsection (1) relates shall not be paid out of court until after the determination of the motion.

  • Marginal note:Service of notice of motion

    (3) Unless the Court directs otherwise, notice of a motion under subsection (1) shall be served on the judgment debtor and filed at least seven days before the day fixed for the hearing of the motion.

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