IE
S.I. No. 155/1990 - Circuit Court Rules (No. 2), 1990.
Table of Provisions (12)
Statutory Text (12 Articles)
1. That the Civil Bill (or other originating document as the case may be) a certified true copy of which is annexed hereto was issued by A B the above named plaintiff against C D the above named defendant for (
here state the nature of the proceedings and the relief claimed
).
2. That the Court assumed jurisdiction in these proceedings pursuant to the particular provision(s) of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial matters (including the Protocol annexed to the Convention) signed at Brussels on the 27th September, 1968 (
here specify the particular provisions concerned
).
3. That the said Civil Bill (or other originating document as the case may be) was duly served on the day of on the said C D by (
state mode of service
).
4. That C D entered/did not enter an appearance.
5. That C D was/was not represented at the hearing of the proceedings.
6. That the said plaintiff (or defendant) obtained judgment against the said defendant (or plaintiff) in the Circuit Court for (
state relief granted
) (together with an order for costs).
7. That the said judgment carries interest at the rate of % per annum on the judgment, debt and costs from the date of judgment until payment.
8. That the time for lodging an appeal against the judgment expired (or will expire) on the day of 19 .
9. That no application to set the judgment aside (or no appeal against the judgment) has been brought within the time prescribed, nor has any application been made for the extension of time within which to appeal against such judgment.
10. That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.
11. This certificate is issued under
Section 12
of the
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
.
Dated the day of 19 .
Signed _________________________________
E.F
County Registrar of the Circuit Court for the County of
EXPLANATORY NOTE.
These rules regulate the practice and procedure of the Circuit Court in respect of the
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
. That Act makes provision in relation to the reciprocol recognition and enforcement of judgments in civil and commercial matters as between the State and certain Member States of the European Communities.
These rules also deal with certain other miscellaneous matters not related to the 1988 Act mentioned above.
The rules come into operation on 9th July, 1990.
S.I. No. 155 of 1990.
CIRCUIT COURT RULES (No. 2), 1990.
(
JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988
AND MISCELLANEOUS)
We the Circuit Court Rules Committee, constituted pursuant to the provisions of
section 69
of the
Courts of Justice Act, 1936
, and
section 12
of the
Courts of Justice Act, 1947
, by virtue of the powers conferred on us by
section 66
of the
Courts of Justice Act, 1924
, and
section 70
of the
Courts of Justice Act, 1936
(as applied by section 48 of the Courts (Supplementary Provisions) Act, 1961) and
section 27
of the
Courts (Supplemental Provisions) Act, 1961
, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.
Dated the 14th day of May, 1990.
T.F. ROE (Chairman of the Circuit Court Rules Committee)
G. M. CLARKE
GORDON A. HOLMES
JOHN MACMENAMIN
K.T. FEENEY
MICHAEL MORIARTY
MICHAEL T. NEARY (Secretary)
I concur in the making of the annexed Rules of Court.
Dated this 26th day of June, 1990.
RAPHAEL P. BURKE,
Minister for Justice.
CIRCUIT COURT RULES (No. 2), 1990.
(
JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988
AND MISCELLANEOUS)
These Rules, which may be cited as the Circuit Court Rules (No. 2) 1990, shall come into operation on the 9th day of July 1990.
The Orders referred to in these Rules as being repealed amended or added to are those contained in the Circuit Court Rules, 1950, as amended.
INTERPRETATION OF TERMS
In these Rules
"1988 Act" means the
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988
.
"1968 Convention" means the Convention of jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on the 27th September, 1968, and is to be construed in accordance with section 1 (3) of the 1988 Act.
"Contracting State" means Contracting State as defined by section 1 (1) of the 1988 Act.
"corporation" and "association" have the meanings provided for in section 13 (4) of the 1988 Act.
"domicile" is to be determined in accordance with the provisions of section 13 of the 1988 Act and Articles 52 and 53 of the 1968 Convention.
"official address" has the meaning provided for in Part III paragraph 5 of the Fifth Schedule to the 1988 Act.
RULE 1.
ORDER 1
Rules 2 and 3 of Order 1 shall be deleted and the following Rules shall be substituted therefor
Vacation
"2. Save as is provided in the next following Rule, no sittings of the Court shall be held during the months of August and September, which shall be observed as Vacation other than to continue a hearing commenced before the first of August.
Vacation Sittings