Bermuda civil and statutory proceedings
When does a Bermuda execution writ require leave?
Six years or more activates the leave requirement. Obtain leave before issuing the execution writ. This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier.
- Period
- Six years or more activates the leave requirement
- Trigger
- At least six years since the judgment or order
- Rule
- Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a). Official consolidated body retrieved October 10, 2026. Bermuda Laws Online states laws amended through August 11, 2026. The consolidation includes BR 10/2024, BR 4/2025 and BR 13/2026, each retained separately.
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Check the applicable procedure
This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier. Establish at least six years since the judgment or order and the actual completion required to obtain leave before issuing the execution writ.
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When does a Bermuda execution writ require leave?
Six years or more activates the leave requirement. Obtain leave before issuing the execution writ. This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier.
Responsible actor. Judgment creditor seeking an execution writ.
At least six years since the judgment or order.
This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier.
This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier.
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)How does this provision count time?
- Establish at least six years since the judgment or order.
- Obtain leave before issuing the execution writ.
- Measure the threshold from the judgment or order date. An action upon judgment under Limitation Act section 26 is a different proceeding.
- Registry closure does not eliminate the leave requirement. An unused leave order ordinarily ceases after one year under rule 2(3).
Measure the threshold from the judgment or order date. An action upon judgment under Limitation Act section 26 is a different proceeding.
Registry closure does not eliminate the leave requirement. An unused leave order ordinarily ceases after one year under rule 2(3).
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)Which facts prevent one automatic date?
This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier. Establish at least six years since the judgment or order and the actual completion required to obtain leave before issuing the execution writ.
Judgment creditor seeking an execution writ establishes at least six years since the judgment or order. Measure the threshold from the judgment or order date. An action upon judgment under Limitation Act section 26 is a different proceeding. Six years or more activates the leave requirement. Obtain leave before issuing the execution writ. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to obtain leave before issuing the execution writ. Registry closure does not eliminate the leave requirement. An unused leave order ordinarily ceases after one year under rule 2(3). Establish the applicable computation and completion rule. No assumed carried date is supplied.
The creditor seeks execution after a change in the liable party before six years elapsed. This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier. Resolve the changed source branch and required act. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier.
- Count and complete the actual act
- Measure the threshold from the judgment or order date. An action upon judgment under Limitation Act section 26 is a different proceeding. Registry closure does not eliminate the leave requirement. An unused leave order ordinarily ceases after one year under rule 2(3).
- Actor and required completion
- Judgment creditor seeking an execution writ. Obtain leave before issuing the execution writ.
- This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier.
- Judgment creditor seeking an execution writ. At least six years since the judgment or order. Obtain leave before issuing the execution writ. This is a permission threshold, not a six-year expiry of every enforcement remedy. Changes in parties, estate assets and other listed conditions can require leave earlier.
What must the responsible actor complete?
Questions about this procedure
When does a Bermuda execution writ require leave?
Is enforcement automatically barred after six years?
No. Rule 2(1)(a) requires leave for issuing the writ.
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)Can leave be required earlier?
Yes. Other branches address changed parties, estate assets, conditions and receivers.
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)Does this equal action-on-judgment limitation?
No. Limitation Act section 26 governs a distinct action upon judgment.
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)What event starts the six years?
The date of the judgment or order.
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)How long does unused leave remain effective?
Rule 2(3) ordinarily ends its effect if the writ is not issued within one year.
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)Can fresh leave be sought?
Rule 2(3) preserves the making of a fresh order.
Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Rules of the Supreme Court 1985 (GN 470/1985), Order 46, rule 2(1)(a) | Check the identified procedure, event, counting rule or qualification |
| Order 3 rules 1, 2, 4, 5 and 6 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2025, Order 18 rule 12 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2026, new Order 14A | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act 1951, sections 7–9 | Check the identified procedure, event, counting rule or qualification |
| Public Holidays Act 1947, sections 3–6 and Schedule | Check the identified procedure, event, counting rule or qualification |
| Rules of the Supreme Court Amendment Rules 2024, Order 62 and Schedule | Check the identified procedure, event, counting rule or qualification |