IE
S.I. No. 445/2004 - Circuit Court (Fees) Order 2004
Table of Provisions (8)
Statutory Text (8 Articles)
1. (1) This Order may be cited as the Circuit Court (Fees) Order 2004.
(2) This Order shall come into operation on 01 August, 2004.
2. The
Interpretation Act 1937
(No. 38 of 1937) applies to this Order.
3. There shall be charged in the offices of the Circuit Court, in respect of each item set out in column (1) of each Part of the Schedule to this Order, the fee set out in column (2) of the Part concerned opposite the mention of the item.
4. The payment of the fee chargeable in respect of an item mentioned in column (1) of each Part of the Schedule to this Order shall be recorded by means of a stamp impressed on the document or court fee card, as may be appropriate, mentioned in column (3) of the Part concerned opposite the mention of the item.
5. No fee shall be payable under this Order in—
(
a
) any family law proceedings,
(
b
) any matrimonial cause or matter, or
(
c
) proceedings brought by a health board or health authority in any matter relating to minors.
6. (1) No fee shall be payable under this Order by, or on behalf of—
(
a
) the Attorney General, in proceedings to which he is a party,
(
b
) the Director of Public Prosecutions, in proceedings to which he is a party,
(
c
) a member of the Garda Síochána, in proceedings for an offence brought by the member concerned.
(
d
) a Minister of the Government, in proceedings brought by the Minister of the Government concerned, or
(
e
) a probation and welfare officer, in proceedings under the
Probation of Offenders Act 1907
or the
Criminal Justice (Community Service) Act 1983
(No. 23 of 1983).
(2) No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by—
(
a
) the Chief State Solicitor,
(
b
) the Chief Prosecution Solicitor, or
(
c
) a local State Solicitor acting in that capacity.
(3) No fee shall be payable under this Order in respect of a witness called to give evidence in proceedings to which this Article applies by or on behalf of a person to whom this Article applies.
7. The Circuit Court (Fees) Order 2003 (
S.I. No. 88 of 2003
) is revoked.
SCHEDULE
FEES IN CIRCUIT COURT OFFICES
PART 1
General
Item
(1)
Fee
(2)
Document to be stamped
(3)
€
1.
On every affidavit filed
10.00
The affidavit
2.
On every copy of any document
5.00
The copy or court fee card
3.
On every search
10.00
Court fee card
4.
On every stamping of an un-stamped document given in evidence
45.00
The requisition to stamp
5.
On every application to the court
ex parte
or otherwise not specifically provided for
45.00
The application
6.
On every certificate not otherwise provided for
10.00
Court fee card
Taxation
A County Registrar may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him or her at the full amount thereof.
7.
On a summons to tax
45.00
The summons
8.
On the taxation of a bill of costs— for every full €100 in the amount (including witnesses’ and other expenses and Value Added Tax) allowed
6.00
The original bill or court fee card
9.
On the issue of a certificate of taxation
10.00
The certificate or court fee card
PART 2
Certain proceedings under Rules of the Circuit Court
Item
(1)
Fee
(2)
Document to be stamped
(3)
€
1.
On the issue of every civil bill (excluding civil bills in respect of Family Law proceedings), summons, petition or originating notice of application to the court or to the County Registrar not otherwise provided for in this Order and on every notice of appeal other than appeals from the District Court.
55.00
The originating document.
2.
On the filing of every Answer
10.00
The document filed.
3.
On the filing of every counterclaim or set-off
10.00
The document filed.
4.
On every notice of indemnity or of contribution in a civil case
10.00
The document filed
5.
On entry of every notice of motion or
ex parte
application
45.00
The original notice or
ex parte
docket.
6.
On every notice of trial
45.00
The notice
7.
On every witness summons
10.00
The requisition for issue or summons
8.
On every judgment by default entered in the office (including affidavit of debt, certificate of no appearance, defence and request for execution order)
75.00
The request for judgment.
PART 3
Proceedings under Licensing Acts 1833 to 2003 and Registration of Clubs Acts 1904 to 2003.
Item
(1)
Fee
(2)
Document to be stamped
(3)
€
1.
On every application for a declaration under the Licensing Acts
250
The notice
2.
On every application for a certificate consequent on a declaration under the Licensing Acts.
250
The notice
3.
On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts
250
The notice
4.
On every application for a declaration under the Registration of Clubs Acts
250
The notice
GIVEN under my Official Seal, 12th July, 2004.
MICHAEL McDOWELL,
Minister for Justice, Equality and Law Reform.
The Minister for Finance consents to the making of the foregoing Order.
GIVEN under my Official Seal, 15th July, 2004.
CHARLIE McCREEVY,
Minister for Finance.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order revokes the Circuit Court (Fees) Order, 2003 (
S.I. No. 88 of 2003
).
The Order provides for the fees to be charged in Circuit Court Offices with effect from 01 August 2004.
In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.
I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by
section 65
of the
Courts of Justice Act 1936
(No. 48 of 1936) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 (
S.I. No. 298 of 1997
)), with the consent of the Minister for Finance, hereby order as follows