S.I. No. 510/2001 - Circuit Court Rules, 2001.

1. [Here insert the sitting of the Dublin Circuit Court to which the trial has been

transferred]

2. [Here insert whether the accused is in custody or on bail]

3. [Here insert name and address of the accused or, if represented by a solicitor, the

name of the accused's solicitor]

BY ORDER OF THE COURT

County Registrar

FORM 40

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF SECTION 14 OF THE JURISDICTION OF COURTS AND

ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1998

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

CERTIFICATE PURSUANT TO SECTION 12(

b

) OF THE JURISDICTION OF

COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN

COMMUNITIES) ACT, 1998

IT IS HEREBY CERTIFIED that the Order/Decree/Written Judgment, a copy of

which is annexed hereto at Annex “A”, was made by this Honourable Court on the

day of which said Order/Decree/Written Judgment has been

authenticated by the Seal of the Court and signed by me on the day of

IT IS FURTHERMORE HEREBY CERTIFIED that a certified copy of the Civil

Bill or other originating document by which the proceedings were commenced is

annexed hereto at Annex “B”.

Dated this

day of

Seal of the Court

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

County Register

MEMORANDUM IN RELATION TO THE ISSUING OF

CIVIL BILLS

The applicable Rules in relation to the issuing of Civil Bills are contained

in Order 11 of these Rules. The Circuit Court Rules Committee

is desirous of having similar procedures applicable in the Circuit Court

to those pertaining at High Court level whereby the originating document

would issue from the Office and would be deemed to be issued

at that time for the purpose of the Statute of Limitations, 1957. The

achievement of this aim is prevented by section 7 of the Courts Act,

1964 which states that where a Civil Bill is served by registered post (and

this is now the usual form of service), such Civil Bill is deemed to be

issued as of the time of posting. The present Rules have been drafted in

such a manner as retains a reference to the requirements of section 7 and

specific reference to section 7 is retained in view of the very considerable

adverse consequences which can follow lack of clarity in relation to the

date of issue. However, section 7 precludes parity as between the Rules

of the Circuit Court and the Rules of the Superior Courts and precludes

a general rule whereby all Civil Bills are issued on a date certain, i.e.,

the date upon which they are issued in the Office. The Committee is also

of the view that section 7 causes considerable uncertainty and confusion

(which may result in actions becoming statute barred contrary to the

expectations of the parties and their lawyers) as it provides for a different

date of issue in certain circumstances, i.e., where the Civil Bill is served

by registered post thus preventing uniformity. The Circuit Court Rules

Committee therefore urges the repeal of section 7 of the Courts Act,

1964 as a matter of urgency.

Circuit Court Rules Committee,

July, 1999.

INDEX TO RULES

ACCOUNTS

Inquiries or taking of, by County Registrar, O.48

Rule IX of Section 66 of the 30 and 31 Vic. c.44 (Chancery (Ir.) Act, 1867, O.48, r.23

ACTIONS

By and against firms and persons carrying on business in names other than their own, O.8

Costs of, after discontinuance of, O.21, rr. 3, 4, 5

Discontinuance of, by plaintiff, against defendant, O.21

Joinder of two or more, O.59, r.15

Probate, O.50

Transfer of, to the Court or High Court, O.35

Venue of, relating to title of land, O.2 (

a

)

ADMINISTRATORS

Accounts of receivers and, O.45

Pendente lite

and receivers, appointment of, O.45

ADMISSIONS

Of documents, O.31

AFFIDAVITTS

Filed by person seeking renewal of an Order for Execution, O.36, r.14

Making of, O.11, r.7, O.25, O.26, r.4

Of means, O.59, r.4 (17)(18)

Of Representation, O.59, r.4 (16)

Of Welfare, O.59 r.4 (19)

Used for the purpose of grounding an Application for Judgment, O.26, r.9

Used for the purpose of grounding an Application for Summary Judgment, O.28, r.10

AMENDMENTS

Of clerical mistakes in Judgments or Orders, O.65, r.3

Of pleadings or other documents O.15, r.5, O.65

APPEALS

Extension of time for all appeals, O.41

From the District Court, O.41

Local Elections (Petitions and Disqualifications) Act, 1974, (No. 8 of 1974), O.58

Notice to Appeal to the Employment Appeals Tribunal, O.57, r.1

Section 23

of the

Courts of Justice (District Court) Act, 1946

, O.41

Section 63

of the

Courts of Justice Act, 1924

, O.42

Section 77A of the

Courts of Justice Act, 1924

, O.41

To the Court of Criminal Appeal, O.42

Under the

Data Protection Act, 1988

(No. 25 of 1988), O.60

APPEARANCE

Change of parties, O.22

Entering of. O.5, r.4, O.15, rr.1, 2, O.22, O.26, r.1, O.59, r.4 (8)

Notice of Appearance for Employment Appeals Tribunal, O.57, r.1

Time for entering an appearance, O.14, r.4, O.15, r.2

ARREARS

Of rent O.9, r.2

ATTACHMENT AND COMMITTAL

Order of attachment or committal, O.37

BARRING ORDER

Application for, O.59, r.5

Domestic Violence Act, 1966

, (No.1 of 1996), O.59, r.5

See under FAMILY LAW (Domestic Violence)

CASES STATED

Section 16

of the

Courts of Justice Act, 1947

, O.62

Section 428

of the

Income Tax Act, 1967

, O.62, r.6

Section 428

(2) of the

Income Tax Act, 1967

, O.62, rr.7, 10

Section 430

of the

Income Tax Act, 1967

, O.62, r.6

CHAMBERS

Sittings in Chambers and interlocutory applications, O.20

CIVIL BILLS

Application for leave to serve, O.13, r.2

Application to have a person declared to be of unsound mind, O.47

Civil Bill Ejectments, on the title, O.5, r.2

Copies of, when necessary, O.12, r.4

Courts of Justice Acts, 1924-1995, O.13, r.4

Domestic Violence Civil Bills, O.59, r.5

Election Civil Bills, to question a local election, O.58

Endorsement of service, O.11, r.21

Equity Civil Bill, O.46

Family Law Civil Bill, O.59, r.2

For service out of the jurisdiction, O.11, r.4, O.13, O.14

Housing Civil Bill, O.54, O.55

Issue of, O.11, O.13, O.14

Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels, O.13, O.26

Landlord and Tenant Civil Bills, O.51, r.2

Notice for Service substitution, O.11, r.12

Notice of Motion, to appeal under Local Government (Planning and Development) Act, 1963 (No. 36 of 1963) O.56, r.1

Planning Civil Bills, O.56, r.2

Probate actions service of a Civil Bill, O.13, r.4, O.50

Renewal of, O.12, O.19, r.1 (ix)

Section 7

(6) (

a

) (ii) of the

Courts Act, 1964

, O.11, rr. 3, 5, 21

Service of, O.11, rr. 8, 9, 10, 11, O.13, O.19, r.1 (vi)

Service of in any action for the recovery of land, O.51, r.1(4)

Service of in Probate Actions, O.13, r.4

Service of, out of the jurisdiction, O.11, r.4, O.13

Service of, out of the jurisdiction under the

jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

, O.14

Statutory declaration for the service of Civil Bills, O.11, r.21

Summons Server, O.11, rr.5, 7, 16, 17

Testamentary Civil Bill, O.50, r.1

CLAIMS

Indorsement of, O.10

Joinder of claims, O.9

Recovery of land, O.9, r.2

COMPANIES

Actions by and against firms and persons carrying on business in names other than their own, O.8

Companies Act, 1990, O.53, r.3

Debts owing by a firm, O.8, r.5, O.38

Registration of Business Names Act, 1963, O.8, r.7

Restoration of, to the register pursuant to

Section 46

of the

Companies (Amendment) (No. 2) Act, 1999

, O.53

Section 12B(3) or 12B(7) of the

Companies (Amendment) Act, 1982

, O.53, r.3

COSTS

Allowed in cases of judgment by default, O26, r.7

Between a third party and other parties to the action, O.7, r.9

Bills of costs, taxing of, O.18, r.6, O.66, r.20

Circuit Court (Registration of Judgments) Act, 1937

, O.66, r.19

Courts of Justice Act, O.66, r.19

Discontinuance and, O.21

Of affidavits, O.25, r.16

Of any action which applies to the

Housing Act, 1966

, O.54, r.7

Of any application for an attachment of debts, O.38, r.9

Of any party to any proceeding in the Court, O.5, r.6, O.66

Of discovery, O.32, r.7

Of family law proceedings, O.59, r.4 (34)

Organisation of Working Time Act, 1997, O.57, r.4

Particulars and further particulars in claim or defence, O.17, r.6

Section 48

(1) of the

Courts of Justice Act, 1924

, O.66, r.20

Section 48

(v) of the

Courts of Justice Act, 1924

, O.66, r.27 (13)

Security for, O.16

Valued Added Tax payable by claimant on legal costs, O.28, r.10

COUNTERCLAIM

Application for a Declaration of Marital Status, O.59, r.4 (20) (

e

)

Application for a decree of divorce, O.59, r.4 (20) (

a

)

Application for a decree of judicial separation, O.59, r.4 (20) (

b

)

Application for a decree of nullity, O.59, r.4 (20) (

d

)

Application for relief after divorce or separation outside the State, O.59, r.4 (20) (

c

)

Costs and, O.66, r.16

Pleading subsequent to, O.15, rr.18, 19, O.17

Proceedings of, O.33, r.7

Propoundment of a will by way of, O.50, r.7

COUNTY REGISTRAR

Appeals from the District Court, O.41

Applications of an urgent nature, O.1, r.5

Bankers Books Evidence Acts 1879 and 1959, O.18

Debt attachment book, O.38, r.8

Duties of, O.18

Inquiries of taking of Accounts, O.48

Malicious Injuries Book, O.52, r.1 (11)

Notice of allowance, O.48, r.12

Order 33, rule 1 of the Rules of the Superior Courts, O.18, r.1 (xxv)

Order 39, rule 30 of the Rules of the Superior Courts, O.18, r.1 (xxiii)

Orders, which may be made by, O.18, r.1

Rule IX of Section 66 of the 30 and 31 Vic. c.44 (Chancery (Ir.) Act, 1867), O.48, r.23

Section 34(1) and the Second Schedule of the

Courts and Court Officers Act 1995

, O.18, r.1

Service of orders by the registrar of the Court, O.59, r.4 (37)

Side-bar applications, O.19

Signature of, O.4, r.1

COURT

Court seal O.4

Jurisdiction transferred to the Court under

Section 51

of the

Courts of Justice Act, 1924

, O.67, r.8

Language used in Court documents or hearings, O.1, r.6

Office hours, O.1, r.7

Part III of the

Courts of Justice Act, 1947

, O.1, r.1

Section 4

of the

Courts (Establishment and Constitution) Act, 1961

, O.67, r.8

Section 10

of the

Courts of Justice Act, 1947

, O.1, r.4

Service of orders by the registrar, O.59, r.4 (37)

Sittings of District Court, O.1, r.1

Sittings of Dublin Circuit Court, O.1, r.2

Urgent applications, notice of intention, O.1, r.5, O.30, r.1

Vacations, O.1, r.3

DATA PROTECTION

Appeals to the Circuit Court, O.60, r.2

Data Protection Act, 1988

(No. 25 of 1988), O.60

Section 9

of the

Data Protection Act, 1988

(No. 25 of 1988), O.60, r.1

Section 10

(1) (

a

) of the

Data Protection Act, 1988

(No. 25 of 1988), O.60, r.2 (

a

)

Section 17

of the

Data Protection Act, 1988

(No. 25 of 1988), O.60, r.2 (

a

)

Section 26

of the

Data Protection Act, 1988

(No. 25 of 1988), O.60, rr.2, 5

DEBT

Attachment of, by garnishee, O.38

Costs of any application for an attachment of, O.38, r.9

Goods or chattels seized in execution by way of security for debt, O.40, r.12

Owing by a firm, O.8, r.5, O.38

Particulars and further particulars in claim or defece, O.17

Schedule of fees, O.5, r.6

DEFENCE

Grounds defendant disputes the plaintiff's claim, O.15, r.5, O.65

Pleading subsequent to, O.15, r.18, O.17

Serving a, O.59, r.4 (9)

DEFENDANT

Entering an appearance, O.15, r.4

DOCUMENTS AND INTERROGATORIES

Discovery and inspection of, O.32

ELECTIONS

Election Civil Bills, O.58

Local Elections (Petitions and Disqualifications) Act, 1974

, (No. 8 of 1974), O.58

EMPLOYMENT

Adoptive Leave Act, 1995, O.57, r.3

Employment Appeals Tribunal, O.57, rr.1, 2

Organization of Working Time Act, 1997, O.57, r.4

Payment of Wages Act, 1991, O.57, r.2

Unfair Dismissals Acts, 1977-1993 (No. 10 of 1977, No. 5 of 1991 and No. 22 of 1993, O.57, r.1

EVIDENCE

Examination of, O.23

Family law proceedings, held in camera on oral evidence, O.59, r.4 (21)

EXECUTION

Execution order for possession in ejectment for non-payment of rent. O.51, r.1 (7)

Of Judgment or Order for payment of money, O.36

Renewal of an order for execution, O.36, r.14

Sections 70 and 71 of the Landlord and Tenant Law

Amendment Act (Ireland), 1860, O.51, r.1 (8)

FAMILY LAW

Affidavit of Means, O.59, r.4 (17)(18)

Affidavit of Welfare, O.59, r.4 (19)

Application for a Protection Order, O.59, r.5 (4)

Applications under

Section 8

of the

Family Law (Maintenance of Spouses And Children) Act, 1976

, O.59, r.4 (29)

Appointment of registered father as guardian, O.59, r.1

Births and Deaths Registration Acts, 1863 to 1987, O.59, r.1 (7)

Blood Tests where Parentage is in Issue, O.59, r.3

Children Act, 1997

, O.59, r.4 (3)(

a

), r.4 (4)(

h

)

Costs of proceedings, O.59, r.4 (34)

Counterclaims brought by a Respondent, O.59, r.4 (20)

Declaration of Marital Status, O.59, r.4 (

e

)

Declaration of Parentage, O.59, r.2

Decree of Divorce, O.59, r.4 (4)(

a

)

Decree of Judicial Separation, O.59, r.4 (4)(

b

)

Determination of property issues between spouses, O.59, r.4 (

f

)

Domestic Violence Act, 1996

, (no. 1 of 1996), O.59, r.5 (1) (2) (11) (12)

Entering an appearance to contest an application, O.59, r.4 (8)

Equity Civil Bill, O.59, r.4 (33)

Family Home Protection Act, 1976

, O.59, r.4 (3)(

a

), r.4 (33), r.4 (4) (i)

Family Home Protection Act, 1976

, (No. 27 of 1976) O.59, r.4 (3)(

a

), r.4 (4)(j)

Family Law Act, 1995

, O.59, r.4

Family Law (Divorce) Act, 1996

, O.59, r.4

Family Law (Maintenance of Spouses and Children) Act, 1976

, O.59, r.4 (9)(

d

), r.4 (29)

Family Law Civil Bill, O.59, r.2 (2) (3) (4) (5) (6)

For relief pursuant to Section 15A or

Section 25

of the

Family Law Act, 1995

O.59, r.4 (

g

)

For relief pursuant to Section 18 of the Family Law (Divorce Act 1996, O.59, r.4 (

g

)

For relief under the 1976 Act O.59, r.4 (

i

)

For relief under the Second 1976 Act, O.59, r.4 (

j

)

For relief under the 1964 Act or the 1997 Act, O.59, r.4 (

h

)

Form of proceedings, O.59, r.4 (4)

Guardianship of Infants Act, 1964

, O.59, r.4 (4) (

h

), (3)(

a

)

Hearings held in camera, on oral evidence, O.59, r.4 (21)

Interim and Interlocutory Applications, O.59, r.4 (23)

Issuing and entry of a Family Law Civil Bill, O.59, r.4 (6)

Judicial Separation and Family Law Reform Act, 1989

, O.59, r.4 (6) (7)(

a

) (8)

Judgments (Ireland) Act, 1844, O.59, r.4 (33)

Lump sum maintenance orders, O.59, r.4 (

g

) (ii)

Nullity, O.59, r.4(

d

)

Part VI of the

Status of Children Act, 1987

, O.59, r.2 (8)

Pensions Acts 1990-1996, O.59, r.4 (4)(18)

Proceedings of Family Law Civil Bills, O.59, r.4 (4)

Proceedings out of jurisdiction of a Civil Bill, O.13, r.1 (

j

)

Relief after foreign divorce or separation outside the State, O.59, r.4 (

c

)

Relief and applications on behalf of dependent persons, O.59, r.4 (26)

Relief under section 33 of the 1995 Family Law Act, O.59, r.4 (28)

Second Schedule to the Court and Court Officers Act 1995, O.59, r.4 (23) (

f

)

Section 12

of the

Status of Children Act, 1987

, O.59, r.1 (4)

Service of, O.59, r.4 (7)

Service out of the jurisdiction, O.13, r.1 (n)

Spouses and Children) Act, 1976, O.59, r.4 (29)

Stamp duty (none payable) under the

Domestic Violence Act, 1996

, O.59, r.5

FEES

Schedule of, O.5, r.6

GENERAL

Section 42 of the County Officers and Courts (Ireland) Act, 1877, O.67, r.11

Section 51

of the

Courts of Justice Act, 1924

, O.67, r.8

Section 4

of the

Courts (Establishment and Constitution) Act, 1961

, O.67, r.8

HOUSING ACTS

Appeal to the Circuit Court under

Section 72

of the

Housing Act, 1966

, (No. 21 of 1966), O.54

Application to the Court for an Order determining a lease under

Section 73

of the

Housing Act, 1966

, (No. 21 of 1966), O.54

Costs of any actions to which this Order applies, O.54, r.7

Housing (Miscellaneous Provisions) Act, 1979

, (No. 27 of 1979), O.55

Issue of a Housing Civil Bill, O.54, r.4, O.55, r.2

Section 72

of the

Housing Act, 1966

, (No. 21 of 1966), O.54, r.1

Section 73

of the

Housing Act, 1966

, (No. 21 of 1966), O.54, r.4

INFANT

Births and Deaths Registration Acts, 1863 to 1987, O.59, r.1 (7)

Entering an appearance, O.15, r.3

Guardianship of Infants Act, 1964

, O. 59, r.4

Order for payment out of Court of funds to, on attaining majority, O.18, r.1 (xv)

Proceedings out of jurisdiction of a Civil Bill, O.13, r.1 (

j

)

Proceedings for the protection of property of infants, O.66, r.27 (9)

INTERPLEADER

Application, issue of, O.40, r.5

Applicant for an, O.40

Grant of relief by way of, O.40, r.1

Proceeding, O.13, r.1 (k)

INTOXICATING LIQUOR

Application for Excise licences for sale of, O.49

JUDGE

Amendments to pleading or other documents, O.65

Appeals from the District Court, O.41

Execution of bond or recognizance, O.44

Mode of address, O.3, r.2

Robes of, O.3, r.1

Sittings in chambers and interlocutory applications, O.20

Witness during a trial and, O.33, rr. 6, 10, 13

JUDGMENTS

Articles 16 and 18 of the 1968 Convention on jurisdiction and the enforcement of Judgments in civil and commercial matters O.14, r.1 (iii), O.27, r.4 (iv)

Article 20 of the 1968 Convention on jurisdiction and the enforcement of Judgments in civil and commercial matters, O.27, r.4 (ii)

By consent in the office O.29

By default in cases of liquidated demands and claims for delivery of goods and chattels, O.13, O.26, O.27

Corrections of clerical mistakes in orders or judgments, O.65, r.3

Costs allowed in cases of judgment by default, O.26, r.7

Execution of, O.36

In default of appearance, O.61, r.4

Motions for Judgment, O.59, r.4 (10)

Order for, in default of Appearance or Defence, O.27, r.4

Provision of documentation pursuant to

Section 12

of the

Jurisdiction of Courts and Enforcements of Judgments (European Communities) Act. 1998

, O.61

Review of, O.30

Section 12

(

b

) of the

Jurisdiction of Courts and Enforcements of Judgments (European Communities) Act, 1998

, O.61, rr.2, 3

Section 12

(

c

) of the

Jurisdiction of Courts and Enforcements of Judgments (European Communities) Act, 1998

, O.61, r.4

Service out of the jurisdiction under the

jurisdiction of Courts and enforcement of judgments (European Communities) Act, 1998

, O.14, O.27

Summary judgment, O.28

LAND

Ejectment for non-payment of rent, O.51, r.1

Establishing questions of title to land, O.5 (2)

Proceedings for use and occupation of, O.10, r.2

Recovery of, O.6, r.11, O.9, r.2, O.25, r.15 (3), O.28, r.6, O.51, r.1

Sales of, O.43

Settled Land Acts, proceedings under, O.66, r.27 (11)

Venue of actions relating to, O.2 (

a

)

LANDLORD AND TENANT

Ejectment proceedings, O.51, r.1

Landlord and Tenant (Amendment) Act, 1980

, O.51, r.2

Landlord and Tenant (Ground Rents) Acts, 1967

, O.51, r.3

Sections 70 and 71 of the Landlord and Tenant Law Amendment Act (Ireland), 1860, O.51, r.1 (8)

LODGEMENT

Made by defendant, O.15, r.11

MALICIOUS INJURIES

Costs of witnesses' expenses, O.52, r.1 (13), O.66, r.5

Criminal injuries to the Person, O.52, r.2

Malicious Injuries Act, 1981

, O.52, r.1

Section 5 of the Local Government (Ireland) Act, 1898, O.52, r.2

Section 106 of the Grand Jury (Ireland) Act, 1836, O.52, r.2

MATRIMONIAL LAW

Decree of Divorce, O.59, r.4 (4) (

a

)

Decree of Judicial Separation, O.59, r.4 (4) (

b

)

Interim and Interlocutory Applications, O.59, r.4 (23)

Proceedings out of jurisdiction of Civil Bill, O.13 r.1 (n)

MONEY

Execution order for the recovery of money, O.36

Attachment of debts by garnishee, O.38

MOTIONS

Affidavits used in support of any motion, O.64, r.3

Notice of motions, O.64, rr.1, 2

NOTICE

Failure of plaintiff to serve notice of trial, O.33, r.4

Third party notice, O.7, r.1

Of trial, O.33

Of every application under Organisation of Working Time Act, 1977, O.11, O.57, r.4

Of motion for committal, O.36, r.21

PARTICULARS

And further particulars in claim or defence, O.15, r.18, O.17

PARTIES

Change of, O.22

Of plaintiffs, O.6, r.1

Of defendants, O.6, r.2

Person of unsound mind, O.6, r.8

Proceedings involving infants, O.6, rr. 5, 6, 7

Proceedings involving persons of unsound mind, O.6, r.8

Recovery of land, O.6, r.11

Rule 9 of Section 66 of the Chancery (Ireland) Act, 1867, O.6, r.14

Side-bar applications O.19

Third party procedures O.7

PERSON OF UNSOUND MIND

Application to have a person declared to be of unsound mind, O.47

As a defendant to an action, O.11, r.15

Committees of Lunatics, O.47, r.16

Cost of proceedings relating to persons of unsound mind, O.66, r.27 (12)

Entering an appearance, O.47, r.5, O.15, r.3

General Orders in Lunacy (27

th

June, 1879), O.47, r.16

Service on the Committee of the Lunatic, O.11, r.15

Registrar of Wards of Court, O.47, r.16

Suing by, O.6, r.8, O.19

Venue of actions under the lunacy jurisdiction O.2 (

d

)

PLANNING

Local Government (Planning and Development) Act, 1963 (No. 36 of 1963), O.56, r.1

Local Government (Planning and Development) Act, 1976

(No. 20 of 1976), O.56, rr.2, 3

Local Government (Planning and Development) Act, 1992

(No. 14 of 1992), O.56, r.3

PROBATE ACTIONS

Issue of a Testamentary Civil Bill, O.50, r.1 (

b

)

Lodgement of a caveat against the grant of Probate or Letters of Administration, O.50, r.3

Parties opposing a will, O.50, r.12

Principal Probate Registry, O.13, r.1

Propoundment of a will by way of counterclaim, O.50, r.7

Revocation of Probate or Letters of Administration, O.50, r.4

Service of a Civil Bill, O.13, r.4

Succession Act, 1965, O.50

Succession Law Civil Bill, O.50

Testamentary Civil Bill, O.50, r.1 (

a

)

PROCEEDINGS

1968 Convention on jurisdiction and the Enforcement of Judgments in civil commercial matters, O.5, r.10, O.14

1998 Jurisdiction of Courts and Enforcement of Judgments Act, 1998, O.5, r.10 (

a

)

Actions by and against firms and persons carrying on business in names other than their own, O.5, r.3, O.8

Civil Bill, Ejectments, O.5, r.2

Civil Bill, issue of, O.5, r.1

Commencement of, O.5

Costs in, within provisions of

Section 48

(1) of the

Courts of Justice Act, 1924

, O.66, r.20

County Officers and Courts (Ireland) Act, 1877, O.46

Courts of Justice Act, 1924 (The Principal Act) (No. 10 of 1924), O.46

Ejectment proceedings for non-payment of rent, O.51, r.1

Equity proceedings, O.66, r.27

For the revocation of Probate or Letters of Administration, O.50

For rent, O.10, r.2

Non-payment of rent, O.5, r.2

On bills of exchange or other securities for money, O.10, r.1

Permitted side-bar applications, O.19

Persons of unsound mind, O.13, r.1 (j), O.66, r.27 (12)

Poor Law Valuation, O.5, r.2

Proceedings out of jurisdiction of Civil Bill, O.13, r.1 (j)

Schedule of fees, O.5, r.6

Section 48(1) of the Principal Act, O.5, rr.8, 9

Settled Land Acts, O.46

Stay of proceedings, O.17, r.5

Succession Act, 1965

, O.13, r.1 (o)

The Principal Act, O.5, rr.8,9, O.46, r.1

Third party procedures, O.7

Title jurisdiction, O.5, r.2

Trustee Acts, O.46

Trustee Relief Acts, O.46

RECEIVER

Administrators

pendente lite

and, O.45

Appointment of, O.39

By way of equitable execution, O.39

REGISTRATION

Registration of Business Names Act, 1963, O.8, r.7

RENT

Arrears of, O.9, r.2

Non-payment of O.5, r.2, O.25, r.15 (2), O.28, r.6

Proceedings for, O.10, r.2

SALES

Of land or property, O.43

SECURITY

Affidavits of sureties sufficiency, O.44, r.4

Bond or recognizance required from any person, O.44, r.1

Execution of every bond or recognizance, O.44, r.2

SERVICE

By Respondent, O.59, r.4 (14)

Of a Civil Bill out of the jurisdiction, O.11, O.13

Under the

jurisdiction of Courts and Enforcement of Judgments (European-Communities) Act, 1998

, O.14

Of a Civil Bill within the jurisdiction, O.11, r.10, O.14, r.3 (vi)

Of a Domestic Violence Civil Bill, O.59, r.5

SUMMARY JUDGMENT

Application for, O.28

SUMMONS SERVER

Duties of, O.11, rr.5, 7, 16, 17, O.25, r.15 (1)

Succession Act, 1965, O.13, r.1(o)

THIRD PARTY PROCEDURE

Application for leave to issue third party notice, O.7, r.3

Costs between a third party and other parties, O.7, r.9

Third party notice, O.7, r.1, O.18, r.1 (xxix)

TRIALS

Evidence of witnesses, O.23

Notice of, in District Court, O.33, r.2, O.59, r.4 (12)

Notice of, in Dublin Court, O.33, r.3, O.59, r.4 (13)

Notice to fix a date for Trial, O.59, r.4 (12) (13)

Of separate issues. O.34

Section 31

of the

Courts Act, 1981

, O.63, r.1

Transfer to the Dublin Circuit Court, O.63, O.67, r.16

VENUE

Administration of estates of deceased persons, O.2 (

c

)

Domestic Violence Act, 1996

, O.59, r.5

Domicile of a corporation or association, O.2 (j)

Equity matters, O.2 (

b

)

Land actions, O.2 (

a

)

Lunacy jurisdiction, person of unsound mind O.2 (

d

)

Matrimonial cases, O.2 (

g

)

Probate jurisdiction, O.2 (

c

)

Proceedings under Family Law cases, O.59, r.4 (2)

Rectification of the Register, O.2 (

a

)

Title II of the 1968 Convention, Article 2, 8.1, 11, or 16, O.2 (

h

) (i)

WELFARE

Affidavit of Welfare, O.59, r.4 (19)

WILLS

Parties opposing a will, O.50, r.12

Probate actions, O.50

WITNESSES

Attendance of, in a proceeding, O.24, O.33, r.8

Service of a witness summons, O.24, r.3

Witnesses' expenses, O.52, r.1 (13), O.66, r.5

* Postal address in full

** This declaration to be made not earlier than 10 days after the day on which the envelope is posted.

* Postal address in full

4. The above named plaintiff of ............................ in the County of ............................

was born on the day of .

Which said Declaration is made this day of by His Honour

Judge ............................................................ ............................................................ ....

sitting at The Courthouse, ............................... in the County of .....................................

SEALED with the Seal of this Court by ............................................................ .........

County Registrar, this day of .

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

County Registrar

To: The plaintiff

FORM 37H

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF PART VII OF THE

STATUS OF CHILDREN ACT, 1987

NOTICE OF MOTION FOR THE TAKING OF BLOOD SAMPLE

BETWEEN

............................................................ .................................................... Plaintiff

(applying by ..................................................... Next Friend, if appropriate)

AND

............................................................ .................................................... Defendant

TAKE NOTICE that at o'clock on the day of ,

an application will be made to the Court sitting at .................. ....................................

on behalf of the above named Plaintiff/Defendant (Delete as appropriate) for an Order

directing that blood tests be carried out in respect of the persons whose names are set

out below for the purpose of ascertaining the parentage of (name of person whose

parentage is in dispute) ............................................................ ...................................

Name

Address

Age

1.

2.

3.

Dated this

day of

.

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

Plaintiff/Defendant/Solicitor for the

Plaintiff/Solicitor for the Defendant

To: The County Registrar

And

To: All other parties

FORM 37I

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF PART VII OF THE

STATUS OF CHILDREN ACT, 1987

DIRECTION FOR THE TAKING OF BLOOD SAMPLE

BETWEEN

............................................................ .................................................... Plaintiff

(applying by ..................................................... Next Friend, if appropriate)

AND

............................................................ .................................................... Defendant

IT IS HEREBY DIRECTED that ............................................................ ...............

be appointed to take blood samples from the following persons

Name

Address

Age

1.

2.

3.

for the purpose of ascertaining the parentage of (name of person whose parentage is in

dispute) ............................................................ ..........................................................

and such appointee is hereby directed to furnish the results of such tests to the parties

hereto and to this Honourable Court at the earliest possible opportunity.

IT IS FURTHERMORE DIRECTED that the costs of the said tests be paid by (insert

details).

BY THE COURT

County Registrar

FORM 37J

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF PART VII OF THE

STATUS OF CHILDREN ACT, 1987

NOTICE OF INTENTION TO CALL AS A WITNESS THE PERSON UNDER

WHOSE CONTROL BLOOD TESTS WERE TESTED OR OTHER PERSONS

INVOLVED IN THE BLOOD TESTING PROCESS

BETWEEN

............................................................ .................................................... Plaintiff

(applying by ..................................................... Next Friend, if appropriate)

AND

............................................................ .................................................... Defendant

TAKE NOTICE that ............................................................ ...., Plaintiff/Defendant,

intends to call (insert name of witness) ............................................................ .............

as a witness at the hearing of the action herein, the report in respect of such tests having

been received by the Plaintiff/Defendant on the day of .

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

Plaintiff/Defendant/Solicitor for the

Plaintiff/Solicitor for the Defendant

To: All other parties

And

To: The County Registrar

FORM 38A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ ..................

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Petitioner/Plaintiff

AND

............................................................ .................................................... Respondent/Defendant

NOTICE OF INTENTION TO APPEAL

TAKE NOTICE that the above named .......................................................... Appellant

intends to appeal from the Judgment and Order of the Circuit Court dated the day

of . The above named Appellant hereby applies to the Circuit Court

to state and sign a case for the opinion of the Supreme Court herein and hereby undertakes

to expedite the preparation and lodgement of the case stated herein.

Dated this

day of

.

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

Appellant/Solicitor for the

Appellant

To: The Respondents

FORM 38B

THE SUPREME COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ .............

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Petitioner/Plaintiff

AND

............................................................ .................................................... Respondent/Defendant

APPEAL BY WAY OF CASE STATED

TAKE NOTICE that the above named ................................................... Appellant

will on the expiration of four days of the service hereof or the next available opportunity

thereafter, apply to this Honourable Court by way of Appeal from the Judgement and

Order of the Circuit Court dated the day of on the grounds hereunder

set out.

AND TAKE NOTICE that the following are the terms and provisions of the said

Order

AND TAKE NOTICE that the following are the grounds of Appeal

Dated this

day of

.

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

Appellant/Solicitor for the

Appellant

To: The Respondents

FORM 38C

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ .............

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Petitioner/Plaintiff

AND

............................................................ .................................................... Respondent/Defendant

CONSULTATIVE CASE STATED

This is a case stated pursuant to the provisions of sub-section (1) of section 23 of the

Local Elections (Petitions and Disqualifications) Act, 1974

by me .................................

of ......................................................... in the County of .............................................

The case stated was requested by ............................................................ ................

The following facts were proved or admitted before me during the hearing of the

above entitled action on the day of .

The opinion of the Supreme Court is sought on the following question of law

The following are the submissions made to me by each party as to the correct interpretation

on the said question of law

Dated this

day of

.

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

Appellant/Solicitor for the

Appellant

To: The Respondents

FORM 38D

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ .............

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

NOTICE OF WITHDRAWAL OF ELECTION CIVIL BILL

TAKE NOTICE that at the sitting of the Court at 10.30 a.m. in the forenoon on

the day of , at ............................................................ ........

in the County of ..............................................., the above named Plaintiff will apply

for leave to withdraw the Election Civil Bill herein.

AND FURTHER TAKE NOTICE that any person may apply to the Court on the

hearing of this application to be substituted for the above named Plaintiff.

WHICH APPLICATION will be grounded upon the affidavit of the above named

Plaintiff sworn herein on the day of , the Defence delivered

herein, the nature of the case and the reasons to be offered.

Dated this

day of

.

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

Plaintiff/Solicitor for the Plaintiff

To: The Defendant(s)

And

To: All persons served with the Civil Bill

FORM 39

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

ORDER TRANSFERRING A TRIAL TO THE DUBLIN CIRCUIT

IT IS HEREBY ORDERED pursuant to Order 63 of the Rules of the Circuit Court

that the trial in the above entitled proceedings shall be transferred to the Dublin Circuit

in accordance with

section 31

of the

Courts Act, 1981

on the following terms

5. I say that my weekly outgoings amount to the sum of and I say that the

details of such outgoings have been set out in the Fourth Schedule hereto.

6. I say that to the best of my knowledge, information and belief, all pension information

known to me relevant to the within proceedings is set out in the Fifth Schedule hereto.

FIRST SCHEDULE

[Insert list of assets]

SECOND SCHEDULE

[Insert details of income]

THIRD SCHEDULE

[Insert list of debts and liabilities]

FOURTH SCHEDULE

[Insert list of Weekly Expenditure]

FIFTH SCHEDULE

[Insert details of pension]

SWORN etc.

FORM 37B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW

REFORM ACT, 1989 AND IN THE MATTER OF THE

FAMILY LAW ACT, 1995

OR

IN THE MATTER OF THE

FAMILY LAW (DIVORCE) ACT, 1996

AND IN THE MATTER OF AN INTENDED ACTION (if appropriate)

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

AFFIDAVIT OF WELFARE

I, [Insert name of Deponent], ............................................................ ....................

[Insert occupation of Deponent], ............................................................ ...................

of [Insert address of Deponent], ............................................................ ....................

being aged 18 years and upwards MAKE OATH and say as follows

7. According to the best of my knowledge, information and belief, I have not now,

and never had in my possession, custody or power, or in the possession, custody or

power of my solicitors or agents, solicitor or agent, or in the possession, custody or

power of any other persons or person on my behalf, any deed, account, book of

account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or

extract from any such document, or any other document whatsoever, relating to

the matters in question in this suit, or any of them, or wherein any entry has been

made relative to such matters, or any of them, other than and except the documents

set forth in the said First and Second Schedules hereto.

FIRST SCHEDULE

First Part

(Here set out the documents in the deponent's possession or power which he does not

object to produce.)

Second Part

(Here set out the documents in the deponent's possession or power which he objects to

produce)

SECOND SCHEDULE

(Here set out the documents which have been, but are not at the time of swearing, in

the possession or power of the Plaintiff (or Defendant)).

SWORN etc.

This affidavit is filed etc.

FORM 32A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF SECTION 22(1) OF THE LANDLORD AND TENANT

(GROUND RENTS) ACT, 1967

NOTICE OF MOTION

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs: [Here insert reliefs

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

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

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

sought by way of appeal under section 22(1) of the Landlord and Tenant (Ground

Rents) Act 1967]

The said application will be grounded on the affidavit of ............................................

............................................................ ..... filed on the

a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before

the hearing of the application.

Dated this

day of

.

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

Plaintiff/Solicitor for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 32B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF SECTION 22(3) OF THE LANDLORD AND TENANT

(GROUND RENTS) ACT, 1967

NOTICE OF MOTION

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs: ...............................................

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

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

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

[Here insert reliefs sought under section 22(3) of the Landlord and Tenant (Ground

Rents) Act, 1967]

The said application will be grounded on the affidavit of ............................................

filed on the ............................................................ .......................................................

a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before

the hearing of the application.

Dated this

day of

.

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

Plaintiff/Solicitor for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 33A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF AN APPLICATION FOR COMPENSATION FOR

MALICIOUS INJURY TO PROPERTY AND IN THE MATTER OF THE

MALICIOUS INJURIES ACT, 1981

NOTICE OF MOTION

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs: ...............................................

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

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

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

[Here insert reliefs sought by way of compensation under the Malicious Injuries Act,

1981]

The said application will be grounded on the affidavit of .............................................

filed on the a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before

the hearing of the application.

Dated this

day of

.

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

Plaintiff/Solicitor for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 33B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF SECTION 19(4) OF THE MALICIOUS INJURIES

ACT, 1981

NOTICE OF MOTION

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs: ...............................................

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

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

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

[Here insert reliefs by way of reimbursement sought under section 19(4) of the Malicious

Injuries Act, 1981]

The said application will be grounded on the affidavit of ............................................

filed on the a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before

the hearing of the application.

Dated this

day of

.

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

Plaintiff/Solicitor for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 33C

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF AN APPLICATION FOR COMPENSATION FOR

MALICIOUS INJURY TO PROPERTY AND IN THE MATTER OF THE

MALICIOUS INJURIES ACT, 1981

BY THE CIRCUIT COURT JUDGE

DECREE

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

It appearing to the Court that the Plaintiff caused an application to be made to the

Court under the provisions of the

Malicious Injuries Act, 1981

, at these present Sittings

for the sum of to be made to him for compensation for that.......................................

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

[here state nature of the claim from notice].

And it further appearing that the notice of such application was duly served on the

defendant and all other proper and necessary parties, and that all necessary preliminary

notices have been served; and the Court having duly examined into the matter of the

said application and having found that the Plaintiff is entitled to the sum of for the

injury complained of and having further found that the said sum of should be paid

out of the funds of the (here specify the Local Authority).

It is therefore Ordered and decreed by the Court that the Plaintiff do recover from

the Defendant the sum of , together with the sum of for costs and it is further

Ordered that the said sum and costs be paid by the Defendant out of the same funds.

Dated at

this day

of

.

Amount of Compensation

Costs

Total

BY THE COURT

County Registrar

To: ............................................................ .........

Plaintiff/Solicitor for the Plaintiff

And

To: ............................................................ .........

Defendant/Solicitor for the Defendant

FORM 33D

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF AN APPLICATION FOR COMPENSATION FOR

MALICIOUS INJURY TO PROPERTY AND IN THE MATTER OF THE

MALICIOUS INJURIES ACT, 1981

BY THE CIRCUIT COURT JUDGE

REFUSAL OF COMPENSATION

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

It appearing to the Court that the Plaintiff caused an application to be made to the

Court under the provisions of the

Malicious Injuries Act, 1981

, at these present Sittings

for the sum of to be made to him for compensation for that [here state nature of

the claim from notice]. ............................................................ ....................................

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

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

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

And it further appearing that the notice of such application was duly served on the

defendant and all other proper and necessary parties, and that all necessary preliminary

notices have been served; and the Court having duly examined into the matter of the

said application and being satisfied of the Plaintiff's failure to prove his case.

It is therefore Ordered and adjudged by the Court that the application be and the

same is hereby refused and that the Defendant do recover from the Plaintiff the sum

of for costs.

Dated at

this

day of

.

BY THE COURT

County Registrar

To: Plaintiff/Solicitor for the Plaintiff

And

To: Defendant/Solicitor for the Defendant

FORM 34A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE GRAND JURY (IRELAND) ACT, 1836 AND IN THE

MATTER OF ............................................................ ...................................., APPLICANT

BY THE CIRCUIT COURT JUDGE

NOTICE OF PRELIMINARY APPLICATION FOR COMPENSATION FOR

CRIMINAL INJURY TO THE PERSON

To: The County Secretary/Town Clerk of [insert name of Local Authority] .........................

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

And

To: The Member in Charge of ......................................... Garda Síochána Station

YOU AND EACH OF YOU ARE HEREBY REQUESTED TO TAKE NOTICE

that on the day of at............................................................ ........................

in the County of, ............................................................ ......................................................,

Applicant, of ............................................................ ............................................................ .

in the County of ............................................................ .......................................................,

.................................................. being a witness against .......................................................

charged with an offence against the public peace

OR

.....................................................a Magistrate/Peace Officer (delete as appropriate)

was maliciously maimed/murdered and that it is intended to apply to the Circuit Court

for compensation for the said injury/death pursuant to the provisions of Section 106 of

the Grand Jury (Ireland) Act, 1836, as amended.

Dated the

day of

.

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

Applicant/Solicitor for the Applicant/Person on

behalf of the Applicant

FORM 34B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE GRAND JURY (IRELAND) ACT, 1836, AS

AMENDED, AND IN THE MATTER OF ............................................... APPLICANT

APPLICATION FOR COMPENSATION FOR CRIMINAL INJURY TO

THE PERSON

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

WHEREAS some person or persons did, on the day of at (describe

location)............................................................ ............................................................ ........

in the County of ......................................... maliciously maim/murder ....................................

a witness against ......................................... charged with an offence against the public peace

OR a Magistrate/Peace Officer in the discharge of his duty

PARTICULARS OF INJURY

NOTICE IS HEREBY GIVEN that an application will be made by or on behalf

of the above named Plaintiff (being the legal personal representative of the said

............................................................ ............................................................ .... deceased)

to the Circuit Court sitting at ...................................... in the County of .................................

on the day of or on the first available day thereafter, for compensation

in such sum as the Court shall think just and reasonable, to be raised as provided

for in Section 106 of the Act.

Dated the

day of

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

Applicant/Solicitor for the

Applicant

To: The County Secretary/Town Clerk of ................................................. (Local Authority)

And

To: The County Registrar

FORM 35A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF SECTION 21 OF THE LOCAL GOVERNMENT

(PLANNING AND DEVELOPMENT) ACT, 1963

NOTICE OF MOTION

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs

[Here insert reliefs sought by way of appeal pursuant to section 21 of the Local Government

(Planning and Development) Act, 1963]

The said application will be grounded on the affidavit of .............................................

filed on the ............................................................ .......................................................

a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before

the hearing of the application.

Dated the

day of

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

Plaintiff/Solicitor for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 35B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE LOCAL GOVERNMENT (PLANNING AND

DEVELOPMENT) ACT, 1963

NOTICE OF MOTION FOR EXTENSION OF TIME FOR THE MAKING OF A

CLAIM PURSUANT TO PART IV OF THE LOCAL GOVERNMENT

(PLANNING AND DEVELOPMENT) ACT, 1963

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs

[Here insert details of the relief sought by way of an extension of time]

The said application will be grounded on the affidavit of .............................................

filed on the ............................................................ .......................................................

a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before

the hearing of the application.

Dated the

day of

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

Plaintiff/Solicitor for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 35C

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE LOCAL GOVERNMENT (PLANNING AND

DEVELOPMENT) ACT, 1992

NOTICE OF MOTION FOR RELIEF UNDER SECTION 27 OF THE LOCAL

GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 AS

AMENDED BY SECTION 19(4)(g) OF THE LOCAL GOVERNMENT

(PLANNING AND DEVELOPMENT) ACT, 1992

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs

[Here insert details of the injunctive relief sought.]

The said application will be grounded on the affidavit of .............................................

filed on the ............................................................ .......................................................

a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before

the hearing of the application.

Dated the

day of

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

Plaintiff/Solicitor for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 36A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE UNFAIR DISMISSALS ACTS, 1977-1993

NOTICE OF MOTION FOR RELIEF UNDER SECTION 10 OF THE UNFAIR

DISMISSALS ACT, 1973 OR SECTION 11 OF THE UNFAIR DISMISSALS

(AMENDMENT) ACT, 1993

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

Take notice that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs

[Here insert details of the relief sought whether by way of redress by the Minister,

enforcement or appeal.]

And further take notice that the said application will be grounded upon

8. Applications under Section 11 shall be brought in the County where the person making the application ordinarily resides or has his or her most usual place of abode.

9. All applications shall be served either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of the Circuit Court Rules, 1950, as amended, or in accordance with

Section 7

of the

Courts Act, 1964

or, in respect of applications under Section 16 of the Act, when so directed by the Court for the purpose of ensuring the expeditious hearing of applications, by facsimile or electronic mail or personal service or by delivering same to such person or persons or such address as the Court may direct or in such other manner as the Court shall direct.

10. The Court shall determine whether the application shall be heard upon Affidavit evidence only or upon both Affidavit and oral evidence.

11. The Court may make such Order as to costs as may be appropriate.

SCHEDULE A

SCHEDULE A

RULES WHICH ARE ANNULLED BY THESE RULES

Circuit Court Rules, 1950 (

S.I. No. 179 of 1950

)

Circuit Court Rules, 1954 (

S.I. No. 212 of 1954

)

Circuit Court Rules, 1955 (

S.I. No. 1 of 1955

)

Circuit Court Rules, 1956 (

S.I. No. 270 of 1956

)

Circuit Court Rules, 1961 (

S.I. No. 148 of 1961

)

Circuit Court Rules, 1962 (

S.I. No. 84 of 1962

)

Circuit Court Rules (No. 2), 1962 (

S.I. No. 164 of 1962

)

Circuit Court Rules (No. 1), 1963 (

S.I. No. 3 of 1963

)

Circuit Court Rules (No. 1), 1964 (

S.I. No. 167 of 1964

)

Circuit Court Rules, 1965 (

S.I. No. 202 of 1965

)

Circuit Court Rules, 1966 (

S.I. No. 128 of 1966

)

Circuit Court Rules, 1967 (

S.I. No. 37 of 1967

)

Circuit Court Rules (No. 2), 1967 (

S.I. No. 118 of 1967

)

Circuit Court Rules (No. 3), 1967 (

S.I. No. 215 of 1967

)

Circuit Court Rules (No. 1), 1970 (

S.I. No. 149 of 1970

)

Circuit Court Rules (No. 2), 1970 (

S.I. No. 308 of 1970

)

Circuit Court Rules, 1971 (

S.I. No. 41 of 1971

)

Circuit Court Rules (No. 1), 1972 (

S.I. No. 129 of 1972

)

Circuit Court Rules (No. 2), 1972 (

S.I. No. 189 of 1972

)

Circuit Court Rules (No. 3), 1972 (

S.I. No. 322 of 1972

)

Circuit Court Rules (No. 1), 1975 (

S.I. No. 120 of 1975

)

Circuit Court Rules (No. 1), 1976 (

S.I. No. 266 of 1976

)

Circuit Court Rules (No. 1), 1977 (

S.I. No. 130 of 1977

)

Circuit Court Rules (No. 2), 1977 (

S.I. No. 186 of 1977

)

Circuit Court Rules (No. 1), 1978 (

S.I. No. 77 of 1978

)

Circuit Court Rules (No. 2), 1978 (

S.I. No. 138 of 1978

)

Circuit Court Rules (No. 3), 1978 (

S.I. No. 190 of 1978

)

Circuit Court Rules (No. 4), 1978 (

S.I. No. 205 of 1978

)

Circuit Court Rules (No. 5), 1978 (

S.I. No. 314 of 1978

)

Circuit Court Rules (No. 1), 1979 (

S.I. No. 10 of 1979

)

Circuit Court Rules (No. 2), 1979 (

S.I. No. 66 of 1979

)

Circuit Court Rules (No. 3), 1979 (

S.I. No. 360 of 1979

)

Circuit Court Rules (No. 1), 1980 (

S.I. No. 129 of 1980

)

Circuit Court Rules (No. 1), 1981 (

S.I. No. 20 of 1981

)

Circuit Court Rules (No. 2), 1981 (

S.I. No. 316 of 1981

)

Circuit Court Rules (No. 3), 1981 (

S.I. No. 329 of 1981

)

Circuit Court Rules (No. 4), 1981 (

S.I. No. 318 of 1981

)

Circuit Court Rules (No. 1), 1982 (

S.I. No. 34 of 1982

) (Save for rule 2 thereof)

Circuit Court Rules (No. 2), 1982 (

S.I. No. 142 of 1982

)

Circuit Court Rules (No. 3), 1982 (

S.I. No. 152 of 1982

)

Circuit Court Rules (No. 4), 1982 (

S.I. No. 190 of 1982

)

Circuit Court Rules (No. 5), 1982 (

S.I. No. 156 of 1982

)

Circuit Court Rules (No. 6), 1982 (

S.I. No. 158 of 1982

)

Circuit Court Rules (No. 7), 1982 (

S.I. No. 244 of 1982

)

Circuit Court Rules (No. 1), 1983 (

S.I. No. 267 of 1983

)

Circuit Court Rules (No. 1), 1984 (

S.I. No. 118 of 1984

)

Circuit Court Rules (No. 1), 1989 (

S.I. No. 289 of 1989

)

Circuit Court Rules (No. 1), 1990 (

S.I. No. 152 of 1990

)

Circuit Court Rules (No. 2), 1990 (

S.I. No. 155 of 1990

)

Circuit Court Rules (No. 1), 1991 (

S.I. No. 159 of 1991

)

Circuit Court Rules (No. 1), 1994 (

S.I. No. 225 of 1994

)

Circuit Court Rules (No. 2), 1994 (

S.I. No. 279 of 1994

)

Circuit Court Rules (No. 1), 1995 (

S.I. No. 215 of 1995

)

Circuit Court Rules (No. 2), 1995 (

S.I. No. 216 of 1995

)

Circuit Court Rules (No. 1), 1997 (

S.I. No. 84 of 1997

)

Circuit Court Rules (No. 2), 1997 (

S.I. No. 118 of 1997

)

Circuit Court Rules (No. 3), 1997 (

S.I. No. 500 of 1997

)

Circuit Court Rules (No. 1), 1999 (

S.I. No. 373 of 1999

)

Circuit Court Rules (No. 2), 1999 (

S.I. No. 374 of 1999

)

Circuit Court Rules (No. 1), 2000 (

S.I. No. 104 of 2000

)

Circuit Court Rules (No. 2), 2000 (

S.I. No. 208 of 2000

)

Circuit Court Rules (No. 1), 2001 (

S.I. No. 433 of 2001

)

SCHEDULE B

FORM 1A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

The Plaintiff and the Defendant hereby consent to the enlargement of jurisdiction of

this Honourable Court pursuant to

section 48

(1) of the

Courts of Justice Act, 1924

.

Dated this

day of

.

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

Solicitors for the Plaintiff

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

Solicitors for the Defendant

To: The County Registrar

FORM 1B

ENDORSEMENT OF SERVICE

In pursuance of

section 7

(3) of the

Courts Act, 1964

, the within was served by me on

the Defendant ............................................................ ...................................................

by posting a true copy thereof at a./p.m. on the day of , 19 at .

Post Office in a registered prepaid envelope addressed to the said Defendant, the said

at*

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

Endorsed this day of , 19 .

Signed:.....................................................

STATUTORY DECLARATION OF SERVICE**

I, .................................................., of ............................................................ .........

aged eighteen years and upwards, do solemnly and sincerely declare

(1) That I did serve the within ............................................................ ...........................

dated the day of , 19 on the within named Defendant by posting

a true copy thereof at a./p.m. on the day of , 19 at Post Office in

a registered prepaid envelope addressed to the said Defendant the said ................

at*

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

(being the last known residence/place of business of the Defendant).

(2) That before such posting as aforesaid of the said copy of the said ............................

I compared said copy with the original thereof and endorsed my name on the said

copy.

(3) That at the time of such posting as aforesaid the original of the said was duly

stamped with the appropriate stamp duty.

Signed:.....................................................

Declared before me by ............................................................ ...............................,

who is personally known to me (or who is identified to me by .......................................

who is personally known to me) at ............................................................ ...................

in the County of ......................................................, this day of , 19 .

Signed:.....................................................

Peace Commissioner (or

Commissioner for Oaths) for the

said County.

FORM 2A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

ORDINARY CIVIL BILL

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

You are hereby required within ten days after the service of this Civil Bill upon

you to enter or cause to be entered with the County Registrar, at his Office at

............................................................ ............................................................ .........,

an Appearance to answer the claim of ............................................................ ............

of, ............................................................ ............................................................ .....

the Plaintiff herein.

And take notice that unless you do enter an Appearance, you will be held to have

admitted the said claim, and the Plaintiff may proceed therein and judgment may be

given against you in your absence without further notice.

And further take notice that, if you intend to defend the proceeding on any grounds,

you must not only enter an Appearance, but also, within ten days after Appearance,

deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving

copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered

by posting same to the Plaintiff or his Solicitor.

Dated the

day of

.

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

Plaintiff/Solicitors for the Plaintiff

To: ............................................................ .........

Defendant/Solicitors for the Defendant

And

To: The County Registrar

INDORSEMENT OF CLAIM

[Insert details of Plaintiff's claim including the basis upon which jurisdiction is claimed]

THE PLAINTIFF CLAIMS

[Insert details of reliefs sought by the Plaintiff]

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

Plaintiff/Solicitors for the Plaintiff

FORM 2B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

EQUITY CIVIL BILL

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

You are hereby required within ten days after the service of this Civil Bill upon

you to enter or cause to be entered with the County Registrar, at his Office at

............................................................ ............................................................ .........,

an Appearance to answer the claim of ............................................................ ............

of ............................................................ ............................................................ .....,

the Plaintiff herein.

And take notice that unless you do enter an Appearance, you will be held to have

admitted the said claim, and the Plaintiff may proceed therein and judgment may be

given against you in your absence without further notice.

And further take notice that, if you intend to defend the proceeding on any grounds,

you must not only enter an Appearance, but also, within ten days after Appearance,

deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving

copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered

by posting same to the Plaintiff or his Solicitor.

Dated the

day of

.

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

Plaintiff/Solicitors for the Plaintiff

To: ............................................................ .........

Defendant/Solicitors for the Defendant

And

To: The County Registrar

INDORSEMENT OF CLAIM

[Insert details of the Plaintiff's claim including the basis upon which jurisdiction is claimed]

THE PLAINTIFF CLAIMS

[Insert reliefs sought by the Plaintiff]

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

Plaintiff/Solicitors for the Plaintiff

FORM 2C

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

EJECTMENT CIVIL BILL - NON PAYMENT OF RENT

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

You are hereby required within ten days after the service of this Civil Bill upon

you to enter or cause to be entered with the County Registrar, at his Office at

............................................................ ............................................................ .........,

an Appearance to answer the claim of ............................................................ ............

of ............................................................ ............................................................ .....,

the Plaintiff herein for possession of the premises occupied by you as tenant (to the

Plaintiff or as the case may be).

And take notice that unless you do enter an Appearance you will be held to have

admitted the said claim and application may be made to the Court in your absence for

an order for immediate possession.

And further take notice that, if you intend to defend the proceeding on any grounds,

you must not only enter an Appearance, but also, within ten days after Appearance,

deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving

copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered

by posting same to the Plaintiff or his Solicitor.

Dated the

day of

.

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

Plaintiff/Solicitors for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And all persons concerned.

INDORSEMENT OF CLAIM

The Plaintiff's claim is for possession of ............................................................ .......

situate at ............................................................ ........................................................

held by the Defendant (or as the case may be) as tenant to the Plaintiff under at the

yearly rent of on the ground that the sum of being year's rent which

became due and payable on is still due and unpaid and for the

costs of the proceeding.

NOTE: If the said total sum of together with the sum of in full satisfaction

of all costs to be paid to the Plaintiff or his solicitor within ten days from the

service hereof all further proceedings will be stayed.

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

Plaintiff/Solicitors for the Plaintiff

FORM 2D

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

EJECTMENT CIVIL BILL — TITLE JURISDICTION OR PERMISSIVE

OCCUPANT

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

You are hereby required within 10 days after the service of this Civil Bill upon

you to enter or cause to be entered with the County Registrar, at his Office

at............................................................ ............................................................ .......,

an Appearance to answer the claim of ............................................................ ............

of ......................................, the Plaintiff herein for possession of the lands/premises of

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

[Title jurisdiction insert: the annual value of which does not exceed the sum of (insert

appropriate rateable valuation to establish jurisdiction)

Permissive occupant insert: occupied by you as (servant, caretaker or permissive occupant,

as the case may be)].

And take notice that unless you do enter an Appearance you will be held to have

admitted the said claim and application may be made to the Court in your absence for

an order for immediate possession.

And further take notice that, if you intend to defend the proceeding on any grounds,

you must not only enter an Appearance, but also, within ten days after Appearance,

deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving

copies thereof to the Plaintiff or his solicitor by post and the Defence may be delivered

by posting same to the Plaintiff or his solicitor.

Dated the

day of

.

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

Plaintiff/Solicitors for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

INDORSEMENT OF CLAIM (title jurisdiction)

The Plaintiff's claim is for recovery of possession of the lands of ..............................

situate at ............................................................ ........................................................

which are the property of the Plaintiff and possession of which the Defendant wrongfully

withholds;

and for the costs of the proceeding.

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

Plaintiff/Solicitors for the Plaintiff

INDORSEMENT OF CLAIM (permissive occupant)

The Plaintiff's claim is for recovery of possession of the lands/premises of ................

situate at ............................................................ ........................................................

and occupied by the Defendant since............................................................ ...............

whereof possession was demanded on ............................................................ ...........

but has been withheld;

and for the costs of the proceeding.

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

Plaintiff/Solicitors for the Plaintiff

FORM 2E

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

EJECTMENT CIVIL BILL — OVERHOLDING

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

You are hereby required within ten days after the service of this Civil Bill upon

you to enter or cause to be entered with the County Registrar, at his Office

at ............................................................ ............................................................ ......,

an Appearance to answer the claim of ............................................................ ............

of ............................................................ ............................................................ .....,

the Plaintiff herein for possession of the premises at ...............................................

occupied by you.

And take notice that unless you do enter an Appearance you will be held to have

admitted the said claim and application may be made to the Court in your absence for

an order for immediate possession.

And further take notice that, if you intend to defend the proceeding on any grounds,

you must not only enter an Appearance, but also, within ten days after Appearance,

deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving

copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered

by posting same to the Plaintiff or his Solicitor.

Dated the

day of

.

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

Plaintiff/Solicitors for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And all persons concerned.

INDORSEMENT OF CLAIM

The Plaintiff's claim is for possession of the lands of ................................................

lately held by the Defendant under ............................................................ ..................

dated the day of and made between ........................................

and ............................................................ ............................................................ ...

at the rent of which said tenancy determined on the day of

by ............................................................ ............................................................ .....

and for the costs of the proceeding.

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

Plaintiff/Solicitors for the Plaintiff

FORM 2F

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

CIVIL BILL AS TO CAPACITY

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

You are hereby required within ten days after the service of this Civil Bill upon

you to enter or cause to be entered with the County Registrar, at his Office

at ............................................................ ............................................................ .......,

an Appearance to answer the claim of ............................................................ ............

of ............................................................ ............................................................ .....,

the Plaintiff herein.

And take notice that unless you do enter an Appearance, you will be held to have

admitted the said claim, and the Plaintiff may proceed therein and judgment may be

given against you in your absence without further notice.

And further take notice that, if you intend to defend the proceeding on any grounds,

you must not only enter an Appearance, but also, within ten days after Appearance,

deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving

copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered

by posting same to the Plaintiff or his Solicitor.

Dated the

day of

.

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

Plaintiff/Solicitors for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

And all persons concerned

INDORSEMENT OF CLAIM

[Insert details of the Plaintiff's claim and the basis upon which jurisdiction is claimed]

THE PLAINTIFF CLAIMS

[Insert details of the relief sought by the Plaintiff]

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

Plaintiff/Solicitors for the Plaintiff

FORM 2G

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

TESTAMENTARY CIVIL BILL

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

You are hereby required within ten days after the service of this Civil Bill upon

you to enter or cause to be entered with the County Registrar, at his Office

at ............................................................ ............................................................ .......,

an Appearance to answer the claim of ............................................................ ............

of ............................................................ ............................................................ .....,

the Plaintiff herein.

And take notice that unless you do enter an Appearance, you will be held to have

admitted the said claim, and the Plaintiff may proceed therein and judgment may be

given against you in your absence without further notice.

And further take notice that, if you intend to defend the proceeding on any grounds,

you must not only enter an Appearance, but also, within ten days after Appearance,

deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving

copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered

by posting same to the Plaintiff or his Solicitor.

Dated the

day of

.

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

Plaintiff/Solicitors for the Plaintiff

To: ............................................................ .........

The Defendant/Solicitor for the Defendant

INDORSEMENT OF CLAIM

12. Where the time for doing any act or taking any proceedings expires on a Saturday or Sunday or other day on which the Office is closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding, shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the Office shall next be open.

13. Any entry in any cause book or other books or record required to be made by these Rules shall be deemed to be made in accordance with such Rules if made in any computer or other form of record approved from time to time by the President of the Circuit Court.

14. Any court file or record may be kept in such form as may be approved from time to time by the President of the Circuit Court.

15. Non-compliance with any of these Rules, or with any practice for the time being in force in the Court, shall not render the proceedings void unless the Court shall so direct, but such proceedings may be set aside wholly or in part as irregular, or may be amended or otherwise dealt with in such manner or upon such terms, as the Court shall think fit.

16. Where there is no Rule provided by these Rules to govern practice or procedure, the practice and procedure in the High Court may be followed.

ORDER 68

SEX OFFENDERS ACT, 2001

17. Where judgment is entered in favour of a defendant who has lodged in Court a sum in satisfaction of the plaintiff's claim the Judge may allow to the defendant, in addition to the appropriate costs, a reasonable sum to cover the costs of lodgment and withdrawal.

18. Save where otherwise provided by these Rules, Counsel's fees shall be such as the Court or the County Registrar shall deem proper and appropriate.

19. Where judgment has been entered in any proceeding, and the same is registered under the provisions of the

Courts of Justice Act, 1924

, or the

Circuit Court (Registration of Judgments) Act, 1937

, there may be allowed in addition to the appropriate costs of such proceeding, a reasonable sum in addition to outlay, in respect of such registration. On production to him of proof of the registration of such judgment, the County Registrar shall add the amount of such sum and outlay to the amount of the decree or order. Such sum and outlay shall not be allowed by the County Registrar, or by the Court on appeal from him, unless it shall be held that such registration was reasonable.

20. Costs in proceedings within the provisions of

Section 48

(1) of the

Courts of Justice Act, 1924

shall be taxed according to the appropriate High Court scale for the time being in force and the Rules applicable thereto, less one-fifth, together with actual and necessary outlay, witnesses expenses where allowed by the Court, and such fees for Counsel as, having regard to the nature of the proceedings and the issues involved, the County Registrar may allow.

21. In all actions for libel the costs shall be taxed in such manner as the County Registrar or a Judge at the hearing of the action or on appeal from taxation shall determine.

22. Where under Statute a special scale of costs is prescribed, such special scale shall apply.

23. Where the proceedings are for the return of a specific chattel, with or without an alternative claim for damages, or where there is in any equity or other case difficulty in ascertaining or applying the appropriate scale, the Judge may at the hearing for the purpose of the taxation of costs, determine the value of such chattel or the subject matter of the proceedings. In any case in which the Judge shall not have determined such value, the County Registrar may, subject to an appeal to the Court, determine the same. Provided always that in equity suits or proceedings, during the conduct of which any land the subject matter thereof has not been sold, the value of such land shall be taken to be the market value thereof as determined by the Court or the County Registrar.

24. Proceedings by the owner of a chattel against the hirer thereof under a hire-purchase agreement, for the recovery or return of the same, shall, for the purpose of the measurement or taxation of the costs, be deemed to be an action in contract in which the amount sued for is the amount of the instalments due and unpaid under the agreement at the date of commencement of the proceedings.

25. Where the Judge or the County Registrar is of opinion that there is no appropriate scale of costs, the Judge or the County Registrar may measure such sum for costs as is considered reasonable. An appeal shall lie to the Court from any decision of the County Registrar under this Rule.

26. The Solicitor for any party applying in the Office for the issue or renewal of an execution order shall be entitled, as and for the costs of the same, to a reasonable sum in addition to outlay, together with the costs allowed by the decree or order, execution of which is sought.

27. For the purpose of the taxation or measurement of costs, the following proceedings shall be deemed to be Equity proceedings:—

(1) All suits for the administration of estates of deceased persons;

(2) All suits for the execution of trusts;

(3) All suits for foreclosure, sale, redemption of or for enforcing any mortgage, charge or lien upon any lands, or upon any other property, real, chattel real, or personal;

(4) All suits for specific performance;

(5) All suits for rectifying, reforming, setting aside, cancelling, or delivering up any deed, agreement, or assurance, or any conveyance of any property;

(6) All suits for the taking of any partnership account, or for the dissolution of any partnership;

(7) All proceedings for partition;

(8) All proceedings under the Trustee Acts;

(9) All proceedings relating to the maintenance or advancement or for the protection of the property of infants;

(10) All proceedings for injunctions or orders in the nature of injunctions;

(11) All proceedings under the Settled Land Acts;

(12) All proceedings relating to persons of unsound mind;

(13) All other proceedings in which jurisdiction is conferred upon the Court by

Section 48

(v) of the

Courts of Justice Act, 1924

.

28. Where proceedings have been instituted on the Equity side of the Court, and the Judge is of opinion that adequate relief could have been obtained in proceedings under any other jurisdiction of the Court, he may order that the plaintiff, if successful, be allowed only such costs and outlay as could have been allowed in such proceedings under such other jurisdiction.

29. In any defended cause or matter personally conducted by a Solicitor at the hearing, the County Registrar may, in fixing the Instructions Fee, take into consideration the additional work done and responsibility borne by the Solicitor.

30. Every Affidavit used for the purpose of grounding an Application for Judgment in default under Order 26 or Order 27 or grounding an application for Summary Judgment under Order 28 shall contain averments as to whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

ORDER 67

GENERAL

31. For the purposes of Rule 29 hereof, without prejudice to the jurisdiction of the Court to make an Order for substituted service, the Motion shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years. Where relief pursuant to section 8B of the 1976 Act is sought, the motion shall be served upon the trustees of the pension scheme also. There must be at least ten clear days between the service of the notice and the day named therein for the hearing of the motion.

32. (

a

) Subject to the right of the Court to give such directions as it considers appropriate or convenient, evidence at the hearing of the motion under Rule 30 shall be by affidavit.

(

b

) Any affidavit to be used in support of the motion shall be filed in the Office of the appropriate County Registrar and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Office of the appropriate County Registrar and served upon the applicant and, where relief pursuant to section 8B of the 1976 Act is sought, upon the trustees of the pension scheme by the respondent following the service on him of the applicant's affidavit and any affidavit of representations to be used by the trustees of the pension scheme shall be filed in the appropriate Office and served upon the applicant and the respondent.

33. The plaintiff in proceedings wherein it is sought to have a conveyance declared void pursuant to the provisions of

section 3

of the

Family Home Protection Act, 1976

(as amended by

section 54

of the

Family Law Act, 1995

)(which said proceedings shall be instituted by way of Equity Civil Bill seeking declaratory relief) shall forthwith and without delay following the institution of such proceedings cause relevant particulars of the proceedings to be entered as a lis pendens upon the property and/or premises in question under and in accordance with the Judgments (Ireland) Act, 1844.

Costs

34. (

a

) The costs as between party and party may be measured by the Judge, and if not so measured shall be taxed, in default of agreement by the parties, by the County Registrar according to such scale of costs as may be prescribed. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.

(

b

) Where necessary, the Court may make an order determining who shall bear any costs incurred by trustees of a pension scheme pursuant to section 12(22) of the 1995 Act or section 17(22) of the 1996 Act and in making such determination the Court shall have regard, inter alia, to the representations made by the trustees pursuant to Rule 17 hereof, if any.

General

35. The Court may, upon such terms (if any) as it may think reasonable, enlarge or abridge any of the times fixed by these rules for taking any step or doing any act in any proceeding, and may also, upon such terms as to costs or otherwise as it shall think fit, declare any step taken or act done to be sufficient, even though not taken or done within the time or in the manner prescribed by these rules.

Certificates

36. (

a

) The Certificates required by Sections 5 or 6 of the 1989 Act and Sections 6 or 7 of the 1996 Act shall be in accordance with Form 37D of the Schedule of Forms annexed hereto.

Service of orders by the registrar of the Court

37. In all circumstances in which the registrar of the Court and/or the County Registrar is required to serve or lodge a copy of an order upon any person(s) or body such service or lodgment shall be satisfied by the service of a certified copy of the said order by registered post to the said person(s) or body.

Rule 5 — Domestic Violence

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which come into operation on the 3rd day of December, 2001, replace in revised and consolidated form the Rules listed in Schedule A hereto. They prescribe the practice and procedures to be followed and the forms to be used in the Circuit Court proceedings to which they relate on and from the operative date, save for proceedings pending in the Court on that date, which proceedings shall be continued and completed as if these Rules had not been made.

TABLE OF CONTENTS

Page

INTERPRETATION OF TERMS

...

...

...

1

ANNULMENT OF EXISTING RULES

...

...

...

2

Order

1

SITTINGS, LANGUAGE AND OFFICE HOURS

3

2

VENUE

...

...

...

...

...

...

...

5

3

JUDGES' ROBES AND MODE OF ADDRESS TO

THE JUDGES

...

...

...

...

...

...

7

4

COURT SEAL

...

...

...

...

...

...

9

5

COMMENCEMENT OF PROCEEDINGS

...

...

11

6

PARTIES

...

...

...

...

...

...

...

15

7

THIRD PARTY PROCEDURE

...

...

...

19

8

ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES

OTHER THAN THEIR OWN

...

...

...

...

21

9

JOINDER OF CLAIMS

...

...

...

...

...

23

10

INDORSEMENT OF CLAIM

...

...

...

...

25

11

ISSUE OF CIVIL BILL, SERVICE AND ENTRY

27

12

RENEWAL OF CIVIL BILL

...

...

...

...

31

13

SERVICE OUT OF THE JURISDICTION

...

...

33

14

SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN

COMMUNITIES) ACT, 1998

...

...

...

...

37

15

APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND

COUNTERCLAIM

...

...

...

...

...

...

41

16

SECURITY FOR COSTS

...

...

...

...

...

47

17

PARTICULARS AND FURTHER PARTICULARS

IN CLAIM OR DEFENCE

...

...

...

...

49

(vi)

18

COUNTY REGISTRAR

...

...

...

...

...

51

19

SIDE-BAR APPLICATIONS

...

...

...

...

55

20

SITTINGS IN CHAMBERS AND INTERLOCUTORY

APPLICATIONS

...

...

...

...

...

57

21

DISCONTINUANCE

...

...

...

...

...

59

22

CHANGE OF PARTIES

...

...

...

...

...

61

23

EVIDENCE

...

...

...

...

...

...

...

63

24

ATTENDANCE OF WITNESSES

...

...

...

65

25

AFFIDAVITS

...

...

...

...

...

...

67

26

JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY

OF GOODS AND CHATTELS

...

...

...

71

27

JUDGMENT BY DEFAULT IN CASES NOT COMING

WITHIN THE PRECEDING ORDER

...

...

73

28

SUMMARY JUDGMENT

...

...

...

...

75

29

JUDGMENT BY CONSENT IN THE OFFICE

77

30

REVIEW OF JUDGMENTS

...

...

...

...

79

31

ADMISSIONS

...

...

...

...

...

...

81

32

DISCOVERY AND INSPECTION OF DOCUMENTS

AND INTERROGATORIES

...

...

...

83

33

TRIAL

...

...

...

...

...

...

...

85

34

ORDER AS TO TRIAL OF SEPARATE ISSUES

87

35

TRANSFER OF ACTIONS

...

...

...

...

89

36

EXECUTION

...

...

...

...

...

...

91

37

ATTACHMENT AND COMMITTAL

...

...

95

38

ATTACHMENT OF DEBTS BY GARNISHEE

97

39

RECEIVER BY WAY OF EQUITABLE

EXECUTION

...

...

...

...

...

...

99

(vii)

40

INTERPLEADER

...

...

...

...

...

...

101

41

APPEALS FROM THE DISTRICT COURT

...

105

42

APPEALS TO THE COURT OF CRIMINAL

APPEAL

...

...

...

...

...

...

...

107

43

SALES

...

...

...

...

...

...

...

109

44

SECURITY

...

...

...

...

...

...

...

111

45

ADMINISTRATORS

PENDENTE LITE

AND

RECEIVERS

...

...

...

...

...

...

113

46

THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE

TRUSTEE ACTS

...

...

...

...

...

...

115

47

PERSONS OF UNSOUND MIND

...

...

...

119

48

ACCOUNTS

...

...

...

...

...

...

...

123

49

INTOXICATING LIQUOR LICENCES

...

...

127

50

PROBATE ACTIONS

...

...

...

...

...

129

51

LANDLORD AND TENANT

...

...

...

...

131

52

MALICIOUS INJURIES

...

...

...

...

...

135

53

RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999

139

54

HOUSING ACT, 1966

...

...

...

...

...

141

55

HOUSING (MISCELLANEOUS PROVISIONS)

ACT, 1979 (NO. 27 OF 1979)

...

...

...

...

143

56

PLANNING

...

...

...

...

...

...

...

145

57

EMPLOYMENT

...

...

...

...

...

...

151

58

LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF

1974)

...

...

...

...

...

...

...

...

157

59

FAMILY LAW

...

...

...

...

...

...

161

(viii)

60

DATA PROTECTION

...

...

...

...

...

191

61

PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES)

ACT, 1998

...

...

...

...

...

...

...

193

62

CASES STATED

...

...

...

...

...

...

195

63

TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT

COURT

...

...

...

...

...

...

197

64

MOTIONS

...

...

...

...

...

...

...

199

65

AMENDMENTS

...

...

...

...

...

...

201

66

COSTS

...

...

...

...

...

...

...

203

67

GENERAL

...

...

...

...

...

...

...

209

68

SEX OFFENDERS ACT, 2001

...

...

...

...

211

SCHEDULE A

RULES WHICH ARE ANNULLED BY THESE RULES

213

SCHEDULE B

FORMS

215

S.I. No. 510 of 2001

CIRCUIT COURT RULES, 2001

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 (Supplemental 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 this 26th day of October, 2001.

(Signed)

Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Kieran O'Connor

Carroll Moran

Anne Dunne

Fergal Foley

Joe Deane

Gerard Doherty

Susan Ryan (Secretary)

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

Dated this 15th day of November, 2001.

(Signed)

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

RULES

THE CIRCUIT COURT RULES, 2001

INTERPRETATION OF TERMS