Warrant of committal
Encyclopedia
Warrant of Committal is a legal term used by the law systems of Canada
and the United Kingdom
, which allows a magistrate
or judge
to enforce a judgment or order against a person or corporation that has refused or neglected to comply with a known court judgment or order within a known fixed period of time.
) for the offender.
The claim form or application notice must identify the breach of injunction
which has taken place, and be supported by an affidavit
(served with it) stating the grounds for the committal application.
A warrant of committal may not be enforced more than two years after the date it was issued, without further order from the court. The court
may dispense with service
of the judgment, order, claim form or application notice if it deems it fair to do so. If the committal order has been made in the absence of the respondent
, without being served on him, the judge may fix a date and time when the person to be committed is to be brought before him or the court.
have increased about 25% between 1989/90 and 1993/94, with approximately 1,000 offenders per year.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which allows a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
or judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
to enforce a judgment or order against a person or corporation that has refused or neglected to comply with a known court judgment or order within a known fixed period of time.
Eligibility and Enforcement
The person (or director of a corporation) subject to the warrant of committal must have been served in a timely fashion with a copy of the order to do (or abstain from doing) the act in question. If the person served with the order fails to obey it, the judgment creditor may issue either a claim form or application notice seeking committal (for contempt of courtContempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
) for the offender.
The claim form or application notice must identify the breach of injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
which has taken place, and be supported by an affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
(served with it) stating the grounds for the committal application.
A warrant of committal may not be enforced more than two years after the date it was issued, without further order from the court. The court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
may dispense with service
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
of the judgment, order, claim form or application notice if it deems it fair to do so. If the committal order has been made in the absence of the respondent
Respondent
A respondent is a person who is called upon to issue a response to a communication made by another. In legal usage, this specifically refers to the defendant in a legal proceeding commenced by a petition, or to an appellee, or the opposing party, in an appeal of a decision by an initial fact-finder...
, without being served on him, the judge may fix a date and time when the person to be committed is to be brought before him or the court.
Procedure
- Clerk prepares the document (Warrant of Committal)
- Clerk separates and distributes document
Trend in Canada
Federal Warrant of Committal admissions in CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
have increased about 25% between 1989/90 and 1993/94, with approximately 1,000 offenders per year.
External links
- http://www.justice.gov.uk/civil/procrules_fin/contents/schedule2/ccrorder29.htm
- http://www.ag.gov.bc.ca/courts/manuals/fcm/3chapter/warrant_witness.htm