S.I. No. 880/2004 - Circuit Court Rules (Employment Equality Act, 1998), 2004

1. (Here insert grounds upon which the Plaintiff is relying for the reliefs sought)

2. (Here insert the basis of jurisdiction)

3. (Here insert the name, address and description of the Plaintiff)

4. (The following documents must be annexed to this Notice of Motion namely a certified copy of the determination of the Labour Court with the date of the determination thereon, the original or a certified copy of the letter from the Labour Court notifying the making of the said determination, certified copies of all notices, pleadings, documents and particulars provided by either party to the Labour Court and any other relevant documentation).

Dated this day of 20

Signed

Plaintiff/Solicitor for the Plaintiff

To

Defendant/Solicitor for the Defendant

And

To: The County Registrar.

FORM 4

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF

SECTION 91

OF THE

EMPLOYMENT EQUALITY ACT, 1998

BETWEEN

A.B.

Plaintiff

And

C.D.

Defendant

NOTICE OF MOTION

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 relief sought by way of enforcement)

AND FURTHER TAKE NOTICE that the said application will be grounded upon

5. (Here insert grounds upon which the Plaintiff is relying for the reliefs sought and in particular details of the failure by the person affected to comply with the determination, decision or mediated settlement, as appropriate and, if appropriate, of the abandonment of an appeal)

6. (Here insert the basis of jurisdiction)

7. (Here insert the name, address and description of the Plaintiff)

8. (The following documents must be annexed to this Notice of Motion namely a certified copy of the determination of the Labour Court or the decision of the Director with the date of the determination or decision thereon or in the case of a or mediated settlement pursuant to section 78(5) of the Act, a certified copy of the written record of the settlement together with the date of such written record, the original or a certified copy of the letter from the Labour Court notifying the making of the said determination, certified copies of all notices, pleadings, documents and particulars provided by either party to the Labour Court and any other relevant documentation).

Dated this day of 20

Signed

Plaintiff/Solicitor for the Plaintii

To

Defendant/Solicitor for the Defendant

And

To

The County Registrar.

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

EXPLANATORY NOTE

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

These Rules prescribe Circuit Court procedures in respect of applications brought under the

Employment Equality Act, 1998

.

FORM 1

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF SECTION 77(3) OF

THE EMPLOYMENT EQUALITY ACT, 1998

BETWEEN

A.B.

Plaintiff

And

C.D.

Defendant

EMPLOYMENT LAW CIVIL BILL

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/her 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 application may be made to the Court in your absence for the orders sought herein.

AND FURTHER TAKE NOTICE that, if you intend to defend the proceedings on any grounds, you must not only enter an Appearance, but also, with 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 this day of 20

Signed

Plaintiff/Solicitor for the Plaintiff

To

Defendant/Solicitor for the Defendant

And

To

The County Registrar.

INDORSEMENT OF CLAIM

(Insert details of the Plaintiffs claim including the basis upon which jurisdiction is claimed)

THE PLAINTIFF CLAIMS

(Insert details of reliefs sought by the Plaintiff)

Plaintiff/Solicitor for the Plaintiff

FORM 2

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF

SECTION 77

(3) OF THE

EMPLOYMENT EQUALITY ACT, 1998

BETWEEN

A.B.

Plaintiff

And

C.D.

Defendant

DEFENCE

Defence of the Defendant of delivered the day of by Defendant/Solicitor for the Defendant.

(Here insert details of the defence)

(Here insert details of COUNTERCLAIM and reliefs sought by way of counterclaim if appropriate)

Dated this day of 20

Signed:—

Plaintiff/Solicitor for the Plaintiff

And

To

The County Registrar.

FORM 3

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF

SECTION 90

OF THE

EMPLOYMENT EQUALITY ACT, 1998

BETWEEN

A.B.

Plaintiff

And

C.D.

Defendant

NOTICE OF MOTION

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 relief sought)

AND FURTHER TAKE NOTICE that the said application will be grounded upon

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, Equality and Law Reform, make the annexed Rules of Court.

Dated this 17th day of July, 2003.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Gerard Doherty

Joe Deane

Edmund Carroll

P J Fitzpatrick

Susan Ryan (Secretary)

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

Dated this 23rd day of December, 2004.

Signed: MICHAEL McDOWELL

Minister for Justice, Equality, and Law Reform

S.I. No. 880 of 2004

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACT, 1998), 2004.