IE
S.I. No. 286/1999 - District Court (Affidavits) Rules, 1998.
Table of Provisions (12)
Statutory Text (12 Articles)
1. I was present and I saw the above-named Defendant execute the within consent.
2. Value-added tax
*
is/
*
is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax
*
is/
*
is not/recoverable by the Plaintiff from the Revenue Commissioners).
Sworn before me at ....................................
in the County of this this day
of 19 and I know the deponent.
.................................... ............................................................ ............................................................ ...........................
Deponent
Commissioner for Oaths/Practising Solicitor
CONSENT TO JUDGMENT
The Defendant hereby admits that he/she is liable to the Plaintiff in the sum of £
*
being portion of the claim
in the civil summons served upon him/her on the
*
as claimed
day of 19 and consents to pay the entry of judgment against him/her accordingly with the appropriate costs
*
(and value-added tax).
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
*
(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).
Given this 12th day of October, 1998
Peter Smithwick, Chairman
John Garavan
John P. Brophy
Gillian M. Hussey
Sean McMullin
Gerard Griffin
Olive Caulfield
I concur in the making of the foregoing Rules.
Dated this 14th day of September, 1999.
JOHN O'DONOGHUE,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules amend Order 9 of the District Court Rules, 1997 (
S.I. No. 93 of 1997
) by allowing a practising solicitor sign an affidavit for use in the District Court.
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†Name of person witnessing defendant's signature.
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†Name of person witnessing defendant's signature.
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†Name of person witnessing defendant's signature.
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3. No Notice of Intention to Defend the said civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.
4.
*
No sum whatever
*
/ the sum of £ only/has been paid on foot of the claim herein since the service of the said civil summons and the sum of £ is now actually due and owing by the Defendant(s) to the Plaintiff over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.
4. Notwithstanding the provisions of this Order, 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 summons (with any necessary modifications) or, as the case may be, notice thereof in the Form 62.1 Schedule C (with two notices of intention to defend attached thereto) and a certificate in the Form 62.2 Schedule C shall be served on the defendant in accordance with the provisions of the Hague Convention and Order 11 of these Rules.
(2) The provisions contained in Order 62 rules 4 and 5 of these Rules shall apply to proceedings to which this rule relates.
Where no notice to defend is received.
5. The said sum is due by the
*
(first named) Defendant under a consumer-hire agreement in writing dated day of 19 and made between the Plaintiff of the one part and the
*
(first named) Defendant of the other part
*
(and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated day of 19 and made between the Plaintiff of the one part and the second named Defendant of the other part).
6. I beg to refer to the said agreement upon which marked with the letter “A” I have endorsed my name prior to the swearing hereof. I am informed by †
and believe that the said agreement was duly executed by the Defendant(s).
7. The provisions of Part III of the
Consumer Credit Act, 1995
were complied with in respect of the said transaction.
8. Value-added tax
*
is/
*
is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax
*
is/
*
is not/recoverable by the Plaintiff from the Revenue Commissioners).
Sworn before me at ....................................
in the County of this this day
of 19 and I know the deponent.
.................................... ............................................................ ............................................................ ...........................
Deponent
Commissioner for Oaths/Practising Solicitor
CERTIFICATE
It is hereby certified as follows:—
That
*
no sum whatever
*
/ the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendant to the Plaintiff.
That no Notice of Intention to Defend this civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.
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
*
(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).
No. 45.7
SCHEDULE C
0.45, r.2 (1) (
c
)
AFFIDAVIT EXHIBITING A CONSENT OF PAYMENT BY INSTALMENTS
(excepting proceedings instituted in pursuance of the
Consumer Credit Act, 1995
)
District Court Area of
District No.
Between
............................................................ ............................................................ ....................................................... Plaintiff
—and—
............................................................ ............................................................ ............................................. Defendant(s)
I, ........................... of............................................................ ............................................................ ...............................
in the County of............................................................ ............................................................ ..........................................
aged years and upwards make OATH and say as follows:—
9. Value-added tax
*
is/
*
is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax
*
is/
*
is not/recoverable by the Plaintiff from the Revenue Commissioners).
Sworn before me at ....................................
in the County of this this day
of 19 and I know the deponent.
.................................... ............................................................ ............................................................ ...........................
Deponent
Commissioner for Oaths/Practising Solicitor
CERTIFICATE
It is hereby certified as follows:—
That
*
no sum whatever
*
/ the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendant to the Plaintiff.
That no Notice of Intention to Defend this civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.
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
*
(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).
No. 45.6
SCHEDULE C
0.45, r.2 (1) (
a
)
AFFIDAVIT OF DEBT
(in proceedings instituted in pursuance of a Consumer-Hire Agreement)
District Court Area of
District No.
Between
............................................................ ............................................................ ....................................................... Plaintiff
—and—
............................................................ ............................................................ ............................................. Defendant(s)
I, ........................... of............................................................ ............................................................ ...............................
in the County of............................................................ ............................................................ ..........................................
aged years and upwards make OATH and say as follows:—
10. The provisions of
sections 57
and
58
of the
Consumer Credit Act, 1995
were complied with in respect of the said transaction(s).
11. Value-added tax
*
is/
*
is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax
*
is/
*
is not/recoverable by the Plaintiff from the Revenue Commissioners).
Sworn before me at ....................................
in the County of this this day
of 19 and I know the deponent.
.................................... ............................................................ ............................................................ ...........................
Deponent
Commissioner for Oaths/Practising Solicitor
CERTIFICATE
It is hereby certified as follows:—
That
*
no sum whatever
*
/ the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendant to the Plaintiff.
That no Notice of Intention to Defend this civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.
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
*
(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).
No. 45.4
SCHEDULE C
0.45, r.2 (1) (
a
)
AFFIDAVIT OF DEBT
(in proceedings instituted in pursuance of a Credit-Sale Agreement)
District Court Area of
District No.
Between
............................................................ ............................................................ ....................................................... Plaintiff
—and—
............................................................ ............................................................ ............................................. Defendant(s)
I, ........................... of............................................................ ............................................................ ...............................
in the County of............................................................ ............................................................ ..........................................
aged years and upwards make OATH and say as follows:—
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, Equality and Law Reform, make the following Rules of Court