IE
S.I. No. 173/1988 - District Court [Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988] Rules, 1988.
Table of Provisions (21)
Statutory Text (21 Articles)
1. that the Judgment given in the above-named proceedings at a sitting of the District Court held at ....................................................... on the day of 19 is enforceable in this State
2. that on the day of 19 a copy of the said Judgment was served by registered post on the defendant at the following address—
............................................................ ............................................................ ....................................................
............................................................ ............................................................ .....................................................
Dated this day of 19.
Signed ............................................................ .........
District Court Clerk for the above-named district court area
THE DISTRICT COURT
Rule 14 (2)
Form 4
District Court [
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
] Rules, 1988
NOTICE CONCERNING PAYMENTS UNDER AN
ENFORCEABLE *MAINTENANCE *VARIATION ORDER.
District Court Area of
District No.
............................................................ ............................................................ ................... Maintenance Creditor
............................................................ ............................................................ ...................... Maintenance Debtor
YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below, payable by you under a maintenance order *(made) *(as varied) on the day of 19 by † and in respect of which an enforcement order has been made by the Master of the High Court, Dublin on the day of 19 are by virtue of section 7 (7) (a) of the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act, 1988, payable to the district court clerk for the above-named district court area for transmission to the maintenance creditor.
Payments under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid to —
The District Court Clerk,
at ............................................................ ............................................................ ......................................................
between the hours of and , from Monday to Friday each week.
Dated this day of 19
Signed ............................................................ .........
District Court Clerk for the above-named district court area.
*Delete words inapplicable.
†State Court which made order.
PARTICULARS OF SUMS DUE
(Set out the details)
Total amount due at date of this notice (including any arrears, costs, expenses) £
In addition to this amount you are obliged to pay £ per week in accordance with the order.
To
of
the maintenance debtor,
NOTE
Under section 7 (9) of the above-mentioned Act you are required to notify the above district court clerk of any change in your address. Failure, without reasonable cause, to do so is an offence punishable on summary conviction by a fine not exceeding £500.
THE DISTRICT COURT
Rule 17 (1)(b)
Form 5
District Court [
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
] Rules, 1988
CERTIFICATE OF ARREARS
District Court Area of
District No.
............................................................ ............................................................ .................. Maintenance Creditor
............................................................ ............................................................ ...................... Maintenance Debtor
I HEREBY CERTIFY that the sums payable to the district court clerk for the above named district court area by the above-named maintenance debtor, now residing at .......................................................... for transmission to the above-named maintenance creditor residing at ...................................................., under a maintenance order *(made) *(as varied) on the day of 19 by †
and in respect of which an enforcement order was made by the Master of the High Court on the day of 19 .
*[have not been paid in full, and that there is, according to the best of my information and belief, in arrears the sum of £ being the amount of weekly payments which have become due and payable up to and including the day of 19 (together with the sum of £ for costs and expenses, making in all the total sum of £ )].
*[have been paid in full up to and including the day of 19 , and that there are no arrears due.]
Dated this day of 19 .
Signed ............................................................ .........
District Court Clerk for the above-named district court area.
†State Court which made order.
*Delete whichever is inapplicable.
THE DISTRICT COURT
Rule 20
Form 6
District Court [
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
] Rules, 1988
SUMMONS TO *VARY *REVOKE A MAINTENANCE ORDER
District Court Area of
District No.
............................................................ ............................................................ .................. Maintenance Creditor
............................................................ ............................................................ ..................... Maintenance Debtor
YOU ARE HEREBY REQUIRED TO APPEAR at the sitting of the District Court to be held at .................................................. on the day of 19 at a.m./p.m. upon the hearing of an application by the above-named *(maintenance creditor) *(maintenance debtor) residing at
............................................................ .................................................. *(in court area and district aforesaid) to have the maintenance order which was made on the day of 19
by † whereby the above-named maintenance debtor was ordered to pay ‡
* (being an order in respect of which an enforcement order was made on the day of 19 by the Master of the High Court at Dublin),
*VARIED *REVOKEDon the following grounds—
Dated this day of 19 .
Signed ............................................................ .........
.District Court Clerk for the above-named district court area.
To
of
*(maintenance creditor)
*(maintenance debtor)
*Delete words inapplicable.
†State Court which made order.
‡Give details of the order.
THE DISTRICT COURT
Rule 20
Form 7
District Court [
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
] Rules, 1988
ORDER *VARYING *REVOKING A MAINTENANCE ORDER
District Court Area of
District No.
............................................................ ............................................................ .................. Maintenance Creditor
............................................................ ............................................................ ...................... Maintenance Debtor
WHEREAS by maintenance order dated the day of 19 made by † * (and in respect of which an enforcement order was made on theday of 19by the Master of the High Court at Dublin) the above-named maintenance debtor, now residing at .................................... *(in court area and district aforesaid) was ordered to pay to the above-named maintenance creditor, now residing at ............................................. *(in court area and district aforesaid)‡
AND WHEREAS an application was made by summons to this Court today by the *(maintenance creditor) *(maintenance debtor) for an order *varying *revoking the said maintenance order,
AND HAVING HEARD the evidence tendered by or on behalf of the *(maintenance creditor) *(and) *(maintenance debtor).
AND BEING SATISFIED
(1) that the *(summons) *(notice of the institution of these proceedings) was duly served upon the *(maintenance creditor) *(maintenance debtor) residing at ............................................................ ............ ............................................................ . on the day of 19 .
(2) that the *summons *notice was served in sufficient time to enable the party served to arrange for a defence,
(3) that the *summons *notice included a statement of the substance of the said application,
THE COURT HEREBY ORDERS THAT THE SAID MAINTENANCE ORDER
*BE REVOKED,
*BE VARIED AS FOLLOWS:—
Dated this day of19 .
Signed ............................................................ .........
Justice of the District Court
*Delete words inapplicable.
†State Court which made order.
‡Give details of the order.
GIVEN this 30th day of June, 1988
OLIVER A. MACKLIN (Chairman)
JOHN P. CLIFFORD
GERARD F. GRIFFIN
JOHN GARAVAN
P.J. BRENNAN
SÉAMUS S. O'CATHASAIGH
I concur in the making of the foregoing Rules.
Dated this 13th day of July, 1988
GERARD COLLINS,
Minister for Justice.
EXPLANATORY NOTE.
These Rules, which come into operation on 18 July 1988, regulate the practice and procedure of the District Court under the Jurisdiction of Courts and Enforcement of Judgements (European Communities) Act 1988 which makes provision in relation to the reciprocal recognition and enforcement of judgment in civil and commercial matters as between the State and certain member states of the European Communities.
3. that the defendant * (appeared) *(did not appear) at the hearing of the proceedings
4. that the defendant *(was represented) *(was not represented) at the hearing
5. that *(notice of appeal against) *(notice to set aside) the Judgment given in the proceedings *(has been entered) *(has not been entered)
6. that the time for lodging an appeal against the Judgment *(expired) *(will expire) on the day of 19 .
7. that interest at the rate of 11 per cent per annum is payable on the sum of money awarded by the Judgment (exclusive of costs and expenses) from the day of 19 .
Dated this day of 19 .
Signed ............................................................ .........
District Court Clerk for the above-named district court area
*Delete words inapplicable.
THE DISTRICT COURT
Rule 11 (2)
Form 3
District Court [Jurisdiction of Courts and Enforcement of Judgments
(European Communities) Act, 1988] Rules, 1988
CERTIFICATE THAT JUDGEMENT IS ENFORCEABLE IN THE
STATE AND HAS BEEN SERVED
District Court Area of
District No.
............................................................ ............................................................ .......................................... Plaintiff
of ............................................................ ............................................................ ...................................................
and
............................................................ ............................................................ ...................................... Defendant
of ............................................................ ............................................................ ....................................................
I, ............................................................ ............................... the district court clerk for the above-named district court area, do hereby certify as follows:—
8. In proceedings, to which Rule 7 of these Rules relates, if the defendant, though domiciled in another Contracting State, is a citizen of Ireland, the civil process or other document instituting the proceedings, with any necessary modifications, (rather than notice thereof) may be served. The provisions of that Rule shall apply in such cases and shall be construed accordingly.
9. The Rules of 1963 are hereby amended as follows:—
(
a
) by the insertion in Rule 3 of the following additional definitions —
"the Act of 1988" means the
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
(No. 3 of 1988);" the Conventions" has the meaning assigned to it in the Act of 1988; "the Rules of 1988" means the District Court [
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
] Rules, 1988.
(
b
) by the insertion in the first line of paragraph (1) of Rule 7, before the word "Where" of "In proceedings other than proceedings to which the Conventions apply".
(
c
) by the insertion in the first line of paragraph (3) of Rule 7, after the word "hereof" of "and rule 13 of these Rules".
(
d
) by the insertion after Rule 12 of the following Rules—
"13. Notwithstanding the provisions of these Rules, where the proceedings are proceedings to which the Conventions apply and the defendant is domiciled in a Contracting State other than the State—
(1) the civil process (with any necessary modifications) or, as the case may be, notice thereof in the Form 1 in the Schedule to the Rules of 1988 (with two notices of intention to defend attached thereto) and a certificate in the Form 1A in that Schedule shall be served on the defendant by registered post or by insured post in accordance with the provisions of Rule 7 of the Rules of 1988.
(2) The provisions contained in Rules 7 and 8 of the Rules of 1988 shall apply to proceedings to which this Rule relates.
10. (1) An interested party who, for the purposes of Articles 46 and 47 of the 1968 Convention, requests the provision of the documents mentioned in section 12 of the Act in respect of a judgment given in the District Court, shall lodge with the district court clerk for the district court area in which the judgment was given—
(
a
) an original and copy of the judgment, duly completed,
(
b
) a certificate in duplicate in the Form 2, and
(
c
) where appropriate, an original and copy of the document establishing that notice of the institution of proceedings was served on the defendant.
(2) When the judgment has been signed by the Justice, the district court clerk shall give to the party requesting them a fully authenticated copy of the judgment, a certificate in the Form 2 and, where appropriate, a certified true copy of the document referred to at paragraph (1) (
c
) of this Rule, and he shall retain the other documents in his custody.
11. (1) Where, for the purposes of Article 47 of the 1968 Convention, it is necessary to serve on the defendant a judgment given at a sitting of the District Court, such service may be effected by registered post or by insured post by or on behalf of the plaintiff. Application for an advice of delivery should be made to the postal authorities at the time of posting. The statutory declaration as to service, the certificate of posting and the advice of delivery shall be lodged with the district court clerk for retention with the original judgment.
(2) Upon the request of a party applying for enforcement of such a judgment, for the provision of the document referred to in Article 47.1 of that Convention, the district court clerk shall give to that party a certificate in the Form 3 and certified copies of the statutory declaration, the certificate of posting and the advice of delivery referred to in paragraph (1) of this Rule.
ENFORCEMENT OF COMMUNITY MAINTENANCE ORDERS
12. These Rules shall not apply to the enforcement of maintenance orders made in a reciprocating jurisdiction as provided for in
section 14
of the
Maintenance Orders Act, 1974
(No. 16 of 1974).
13. In these Rules "enforceable maintenance order" shall have the meaning assigned to it in section 7 (1) of the Act.
14. (1)Where a copy of a maintenance order, or a copy of an order varying or revoking such an order, in respect of which an enforcement order has been made, is received together with a copy of the relevant enforcement order by a district court clerk from the Master of the High Court, such clerk shall enter in the Maintenance Book particulars of each document received.
(2) If the enforcement order has been made in respect of a maintenance order or an order varying a maintenance order, the clerk shall send by registered post to the maintenance debtor and the maintenance creditor a notice in the Form 4 indicating the hours during which and the place at which payments under the maintenance order or the maintenance order as varied should be made.
(3) If the enforcement order has been made in respect of an order revoking a maintenance order, the clerk shall send by registered post to the maintenance debtor a copy of such revocation order and a statement of any amounts still due and payable under the maintenance order.
15. Amounts payable in the State by a maintenance debtor under an enforceable maintenance order shall be paid in the currency of the State and if the amount is stated in that order in some other currency the payment shall be made on the basis of the exchange rate prevailing on the date of the relevant enforcement order between that other currency and the currency of the State.
16. (1) The district court clerk shall give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him under an enforceable maintenance order, and shall transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it.
(2) Before transmitting any such payment abroad the clerk shall comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and shall, where necessary for that purpose, produce the enforceable maintenance order to an authorised dealer (i.e. a licensed bank) for inspection.
17. (1) Where a maintenance debtor ceases to reside in the district court area in which the proceedings have been entered and commences to reside elsewhere in the State the clerk for the said court area shall forward to the clerk for the court area in which the maintenance debtor is for the time being residing, the following documents—
(
a
) a copy of the maintenance order and a copy of the relevant enforcement order,
(
b
) a certificate of arrears in the Form 5,
(
c
) a copy of the variation order (if any),
(
d
) any other relevant document.
(2) The clerk receiving the said documents shall proceed as if the copy of the maintenance order and the copy of the enforcement order had been received by him from the Master of the High Court.
18. (1) Whenever a district court clerk receives a request in writing from a maintenance creditor under section 7 (7) (
b
) of the Act in relation to any sum payable by virtue of an enforceable maintenance order but not duly paid, he shall proceed in accordance with the provisions of Rules 7, 8 and 9 of the Rules of 1975, or of the Rules of 1976 relating to Attachment of Earnings, as appropriate, and those provisions (together with the forms prescribed therein) shall, with the necessary modifications apply in such cases.
(2) Where it appears to a district court clerk that any sums payable to him under an enforceable maintenance order for transmission to the maintenance creditor are in arrears and he has received no request in writing under the said section 7 (7) (b) in relation thereto, he may, in his discretion having given consideration to the extent of the arrears and any other relevant circumstances, take reasonable steps to notify the maintenance creditor of the means of enforcement available in respect of the order.
19. (1) Proceedings by or on behalf of the maintenance creditor brought in the District Court under the Act for the enforcement of an enforceable maintenance order may be brought, heard or determined at any sitting of the Court for the court area in which the maintenance debtor under the enforceable maintenance order resides.
(2) Proceedings brought by the maintenance creditor by virtue of Article 2 (of the 1968 Convention) for the variation of a maintenance order made in a Contracting State other than the State may be brought, heard or determined at any sitting of the Court for the court area in which the maintenance debtor is domiciled.
20. An application to the District Court brought
(i) by virtue of Article 5.2 of the 1968 Convention by a maintenance creditor domiciled or habitually resident in the State against a maintenance debtor domiciled in a Contracting State other than the State for the variation of a maintenance order
(ii) by virtue of Article 2 of the 1968 Convention by a maintenance creditor domiciled in a Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance order, or
(iii) by virtue of Article 2 of the 1968 Convention by a maintenance debtor domiciled in a Contracting State other than the State against a maintenance creditor domiciled in the State for the variation or revocation of a maintenance order
shall be preceded by the issue and service on the defendant of a summons in the Form 6 or, as the case may be, a notice thereof in the Form 1 (with any necessary modifications) and, where the defendant is domiciled in a Contracting State other than the State, the provisions of Rules 7 and 8 hereof shall apply. The order of the court granting the application shall be in the Form 7, and a copy of such order shall be sent by registered post or by insured post to each of the parties.
SCHEDULE
ÉIRE
IRELAND
THE DISTRICT COURT
Rule 7 (2)
Form 1
District Court [Jurisdiction of Courts and Enforcement of Judgments
(European Communities) Act, 1988] Rules, 1988
NOTICE OF INSTITUTION OF PROCEEDINGS
District Court Area of
District No.
..................................... Plaintiff
............................................ Defendant
YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you, the above-named defendant, ordinarily resident at .................................................. by the above-named plaintiff *(ordinarily resident) *(carrying on a profession/business/occupation) at ................................................. in court area and district aforesaid, CLAIMING AS FOLLOWS†
The proceedings have been listed for hearing at the sitting of the District Court to be held at ............................................................ ..... on the day of 19 at a.m./p.m.
IF YOU INTEND TO DEFEND, OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should complete and sign the first Notice of Intention to Defend attached hereto and send it by prepaid post to the District Court Clerk at ............................................................ ............... as soon as to reach his office not later than four days before the above-named date of hearing. You should also, at the same time, send by prepaid post to the plaintiff or his solicitor the second Notice of Intention to Defend attached hereto.
‡IF YOU FAIL TO RETURN THE NOTICES ATTACHED HERETO, THE COURT MAY PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU.
Dated this day of 19.
Signed ................................................
District Court Clerk for the above court area
To
of
the above-named defendant.
‡The court may admit as evidence a letter written by you or an affidavit or other document sworn or signed by you.
*Delete words inapplicable.
†State claim as in civil process,
summons
or other originating document.
_______________detach here________________
NOTICE OF INTENTION TO DEFEND
I, .................................. residing at ............................................................ ............... intend to defend, or to be represented at the hearing of, the proceedings brought against me by .......................................... of............................................................ .................... and which are listed for hearing at the sitting of the District Court to be held at ............................... on the day of 19 at a.m./p.m.
Any further communications regarding these proceedings should be forwarded to me *(at the above residence) *(at ............................................................ ...................................),
Dated this day of 19 .
Signed ............................................................ .........
To the District Court Clerk,
at ............................................................ ............................................................ .....................................................
_______________detach here________________
NOTICE OF INTENTION TO DEFEND
I, .............................. residing at ............................................................ ........................ intend to defend, or to be represented at the hearing of, the proceedings brought against me by ................................................. of ............................................................ ............. and which are listed for hearing at the sitting of the District Court to be held at ............................ on the day of 19 at a.m./p.m.
Any further communications regarding these proceedings should be forwarded to me *(at the above residence) *(at ............................................................ ....................................).
Dated this day of 19 .
Signed ............................................................ .............
To
of
Plaintiff/Solicitor for Plaintiff.
THE DISTRICT COURT
Rule 7 (3)
Form 1A
District Court [
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
] Rules, 1988
CERTIFICATE THAT COURT HAS JURISDICTION TO HEAR AND DETERMINE CLAIM
District Court Area of
District No.
............................................................ ............................................................ .......................................... Plaintiff
of............................................................ ............................................................ .....................................................
and
............................................................ ............................................................ ....................................... Defendant
of ............................................................ ............................................................ ....................................................
I, ............................................................ ......................., do hereby certify that each claim appearing on the civil process or other document instituting the proceedings lodged with this form is one which the Court has power under the
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
to hear and determine by virtue of articles(s)* of the Conventions, and that no proceedings involving the same cause of action are pending between the parties in another Contracting State.
Dated this day of 19 .
Signed ............................................................ .........
Plaintiff/Solicitor for Plaintiff
(State article(s)* on which jurisdiction is being founded)
THE DISTRICT COURT
Rule 10 (1) (b)
Form 2
District Court [
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
] Rules, 1988
CERTIFICATE BY DISTRICT COURT CLERK
District Court Area of
District No.
............................................................ ............................................................ ........................................ Plaintiff
............................................................ ............................................................ ....................................... Defendant
I, ............................................................ ................................, the district court clerk for the above-named district court area, hereby certify as follows:—
S.I. No. 173 of 1988.
DISTRICT COURT [JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988] RULES, 1988.
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
,
section 17
of the
Interpretation Act, 1937
(as applied by
section 48
of the
Courts (Supplemental Provisions) Act, 1961
), and
section 34
of the
Courts (Supplemental Provisions) Act, 1961
, do hereby with the concurrence of the Minister for Justice, make the following Rules of Court:—