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Federal Courts Rules

Version of section 439 from 2006-03-22 to 2013-02-07:


Marginal note:Notice to sheriff

  •  (1) A person at whose instance a writ of execution is issued may serve a notice on the sheriff to whom the writ is directed requiring the sheriff, within such time as may be specified in the notice, to endorse on the writ a statement of the manner in which the sheriff has executed it and to send a copy of the statement to the person.

  • Marginal note:Order to sheriff to comply

    (2) Where a sheriff fails to comply with a notice served under subsection (1), the person by whom it was served may apply to the Court for an order directing the sheriff to comply with the notice.

  • Marginal note:Directions from Court

    (3) A sheriff may seek directions from the Court concerning any issue not addressed by these Rules that arises from the enforcement of an order.

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