S.I. No. 213/1963 - District Court (Summary Judgment) Rules, 1963

1. Name and address of Plaintiff and Plaintiff's solicitor.

2. Name and address of Defendant and Defendant's solicitor.

3. Particulars of claim.

4. Date of service of Civil Process and how served. Date of Notice of Intention to Defend (if any).

Date of service of Civil Process and how served.

5. Date of hearing as endorsed on Civil Process.

6. Date and particulars of Application for Judgment.

7. Date and particulars of Decree or other Order.

FORM 20

RULE 9 (1).

NOTICE OF MOTION FOR REVIEW OF JUDGMENT

District Court Area of

District No.

Between/

A. B.

Plaintiff

—and—

C. D.

Defendant.

TAKE NOTICE that application will be made to the Court sitting at on the day of 19 at o'clock in the noon on behalf of the Defendant to set aside/vary the decree obtained herein.

(AND FURTHER TAKE NOTICE that the Defendant having lodged with the Clerk the sum of £ this notice is to operate as a stay of proceedings pending the hearing of the said application).

The grounds upon which the said application is made are:—

(including the reasons for failure to give Notice of Intention to Defend)

The grounds of defence to the action are:—

Dated this day of 19 .

Signed ............................................................ ...........

Defendant or Solicitor for Defendant

of

To the District Court Clerk at

To Plaintiff or Solicitor for Plaintiff.

SECOND SCHEDULE

RULES AND COSTS WHICH ARE ANNULLED

The following Rules of the Principal Rules (together with the Forms referred to therein), namely:—

Rules 160, 161, 162, 163, 164, 165, 166, 167 and 168.

That portion of the Schedule of Costs annexed to the District Court (Costs) Rules, 1962 (

S.I. No. 206 of 1962

) applicable to:—

Solicitors' Costs in Ordinary Default Cases and

Solicitors' Costs in Cases of Special Default Civil Process.

THIRD SCHEDULE

SUMMARY JUDGMENT COSTS (EXCLUSIVE OF OUTLAY)

Amount due at the date of issue of civil process

If amount due is paid within ten days of service of civil process

If amount due is not paid within ten days of service of civil process

£

s.

d.

£

s.

d.

Not exceeding £2 .. .. ..

5

0

10

0

Exceeding £2 and not exceeding £ 5

7

6

1

0

6

,, £5 ,, ,, ,, £10 ..

12

6

1

7

6

,, £10,, ,, ,, £25 ..

1

0

0

1

17

6

,, £25,, ,, ,, £50 ..

1

10

0

2

15

0

,, £50,, ,, ,, £75 ..

2

5

0

3

17

0

,, £75,, ,, ,, £100 ..

2

7

6

4

2

6

If the Civil Process is defended the costs of the successful party shall be in accordance with the appropriate contract and breach of contract scale.

For drawing each additional copy of a Civil Process necessarily served after the first there shall be allowed the additional sum of 4/-.

For each document exhibited in an Affidavit of Debt there shall be allowed the additional sum of 1/6d.

EXPLANATORY NOTE

These Rules, which come into operation on 2nd March, 1964, revoke the existing Rules relating to Default and Special Default procedures for the recovery of a debt or liquidated money demand, and prescribe new procedures for the marking of judgment in the office in such cases.

8. The provisions of section 11 of the Moneylenders Act, 1933, were complied with in respect of the said transaction.

Sworn before me at

in the County of

this day of , 19

and I know the deponent.

..........................................................

............................................................ ......

Deponent

Commissioner for Oaths

*Delete where inapplicable.

†Name of person witnessing defendant's signature.

CERTIFICATE

It is hereby certified as follows:—

9. That no sum whatever/the sum of £ only has been paid on foot of the claim herein since the service of the Civil Process herein and that the sum of £ is now actually due by the Defendant to the Plaintiff.

10. That no Notice of Intention to Defend this Civil Process has been received by the Plaintiff or his solicitor.

Dated this day of , 19.

Signed............................................................ .............

Plaintiff or Solicitor for Plaintiff

This Affidavit is filed this day of , 19

by Plaintiff

or by Solicitor for Plaintiff

who requests judgment for the sum of £ and costs.

FORM 11

RULE 7 (1) (b).

AFFIDAVIT EXHIBITING A CONSENT TO JUDGMENT

District Court Area of

District No.

Between/

A. B.

Plaintiff

—and—

C. D.

Defendant.

I was present and I saw the above-named Defendant execute the within consent.

Sworn before me at

in the County of

this day of , 19

and I know the deponent.

..........................................................

............................................................ ......

Deponent

Commissioner of Oaths

CONSENT TO JUDGMENT

District Court Area of

District No.

Between/

A. B.

Plaintiff

—and—

C. D.

Defendant.

The Defendant hereby admits that he is liable to the Plaintiff in the sum of

*Delete where inapplicable

£

*being portion of the claim

*as claimed

in the Civil Process served upon him on the day of 19 , and consents to the entry of judgment against him accordingly with the appropriate costs.

Dated this day of , 19 .

Signed......................................................

Defendant

............................................................ ...

Witness

This Affidavit is filed this day of , 19

by Plaintiff

or by Solicitor for Plaintiff

who requests judgment for the sum of £ and costs.

FORM 12

RULE 7 (1) (b)

AFFIDAVIT EXHIBITION A CONSENT TO PAYMENT BY INSTALMENTS

District Court Area of

District No.

Between/

A. B.

Plaintiff

—and—

C. D.

Defendant.

I was present and I saw the above-named Defendant execute the within consent.

Sworn before me at

in the County of

this day of , 19.

and I know the deponent.

..........................................................

............................................................ ......

Deponent

Commissioner for Oaths

CONSENT TO PAYMENT BY INSTALMENTS

Between/

A. B.

Plaintiff

—and—

C. D.

Defendant.

The Defendant hereby admits that he is liable to the Plaintiff in the sum of

*Delete where inapplicable

£

*being portion of the claim

*as claimed

in the Civil Process served upon him on the day of 19 , and consents to the payment of the said sum of £ together with the sum of £ for costs by instalments of £ each the first of such instalments to be paid on the day of 19, and thereafter on the in each succeeding

The Defendant further consents that on default being made by him in payment of any one or more of such instalments that the whole balance of the said debt and costs then remaining unpaid shall immediately become due and payable by him.

Dated this day of 19 .

Signed.......................................................

Defendant

..................................................

Witness

This Affidavit is filed this day of 19 by Plaintiff or by Solicitor for Plaintiff who requests judgment as in the within consent appearing.

FORM 13

RULE 7 (1) (c)

DECREE (SUMMARY JUDGMENT)

(EXCEPTING PROCEEDINGS INSTITUTED IN PURSUANCE OF THE HIRE-PURCHASE ACTS, 1946 AND 1960, AND THE MONEYLENDERS ACT, 1933)

District Court Area of

District No.

Between/

A. B.

of

in the County of

(description of Plaintiff)

Plaintiff

—and—

C. D.

of

in the County of

and Court Area and District aforesaid

(description of Defendant)

Defendant(s).

IT APPEARING

11. That no sum whatever/the sum of £ only has been paid on foot of the claim herein since the service of the Civil Process herein and that the sum of £ is now actually due by the Defendant to the Plaintiff.

12. That no Notice of Intention to Defend this Civil Process has been received by the Plaintiff or his solicitor.

Dated this day of 19.

Signed............................................................ ...........

Plaintiff or Solicitor for Plaintiff

This Affidavit is filed this day of 19

by Plaintiff

or by Solicitor for Plaintiff

who requests judgment for the sum of £ and costs.

FORM 9

RULE 7 (1) (a)

AFFIDAVIT OF DEBT

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF A CREDIT-SALE AGREEMENT)

District Court Area of

District No.

Between/

A. B.

Plaintiff

—and—

C. D.

Defendant(s).

I,

of

in the County of

aged

years and upwards make OATH and say as follows:—

S.I. No. 213 of 1963.

DISTRICT COURT (SUMMARY JUDGMENT) RULES, 1963

(Is é an Coiste Comhairlitheach um Théarmaí Dlíthiúla Gaeilge a d'ullmhaigh, faoi alt 4 den Acht Téarmaí

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act, 1936

, and

section 48

of the

Courts (Supplemental Provisions) Act, 1961

, and with the concurrence of the Minister for Justice, do hereby make the following rules:—