S.I. No. 101/1994 - Rules of the Superior Courts (No. 3), 1994.

1. In this Order, unless the context or subject matter otherwise requires:—

"The Central Authority" means the Master of the High Court.

"The Convention" means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on the 15th November 1965.

"A Convention Country" means a country which is party to the Convention.

"Foreign Country" means any country which is not a Convention country.

"Foreign Process" means any document initiating or relating to proceedings in a Convention country or in a foreign country which have been forwarded to the Central Authority for service in the State.

"Person" includes any body corporate.

"Proceedings" means any civil or commercial proceedings in any Court or Tribunal of a Convention country or of a foreign country.

"Process Server" means the Chief State Solicitor or any person designated by him for that purpose or by the court.

Application of this Order

2. This Order applies to the service of any foreign process on any person in the State where the Central Authority

(

a

) has received a written request for service on that person from the Central Authority of another Convention country or from an authority or judicial officer competent under the law of the State in which the documents originate, or

(

b

) has received from the Department of Foreign Affairs a letter of request for service of process from a Court or Tribunal of a foreign State on a person in the State with a recommendation from the Minister for Foreign Affairs that it is desirable that effect should be given to such request.

3. Order 121 rule 9 is hereby deleted from the Rules of the Superior Courts.

4. These rules shall come into operation the 4th day of June 1994.

5. These rules shall be construed together with the Rules of the Superior Courts 1986-1994.

EXPLANATORY NOTE.

These Rules, which come into operation on 4 June 1994, regulate the practice and procedure of the Superior Courts with respect to the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

S.I. No. 101 of 1994.

RULES OF THE SUPERIOR COURTS (No. 3), 1994.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act, 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act, 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act, 1924

, section 36, and the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48) and the

Courts (Supplemental Provisions) Act, 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 29th day of July, 1992.

Thomas A. Finlay,

Liam Hamilton,

Anthony J. Hederman,

Hugh J. O'Flaherty,

Declan Costello,

Mella Carroll,

Harry Hill,

Gordon Holmes.

I concur in the making of the annexed Rules of Court.

Dated this 28th day of April 1994.

MÁIRE GEOGHEGAN-QUINN,

Aire Dlí agus Cirt.

S.I. No. 101 of 1994.

RULES OF THE SUPERIOR COURTS (No. 3), 1994.