S.I. No. 882/2004 - Circuit Court Rules (Jurisdiction and The Recognition and Enforcement of Judgments in Civil Or Commercial Matters), 2004

1. Order 61 of these rules shall likewise apply to the provision of documentation pursuant to Article 54 of Council Regulation (EC) No. 44/2001 or pursuant to Article 33 of Council Regulation (EC) No. 1347 of 2000 and an application for such documentation shall be made in like manner as an application under Order 61 rule 2 of these Rules save that the Affidavit grounding the application shall state the particular provision or provisions of the Regulations aforementioned by which the Court assumed jurisdiction as well as the other details required in (

a

), (

b

), (

d

), (

e

), (

f

) and (

g

) of rule 2 of Order 61.

Rule Two

2. The certificate provided pursuant to Article 54 of Council Regulation (EC) No. 44/2001 or Article 33 of Council Regulation (EC) No. 1347/2000 shall be in accordance with Forms 40A and 40B in the Schedule of Forms and shall be signed by the County Registrar and shall be authenticated by the seal of the Court and have annexed to it a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.

Rule Three

3. In the case of a judgment in default of appearance, the Affidavit grounding the application under rule 1 hereof shall, in addition, for the purpose of applying for a document certified under Article 54 or Article 33 aforementioned, exhibit a certified true copy of the affidavit or document, with any exhibit thereto, which establishes that notice of the institution of proceedings was served on the person in default and the County Registrar shall certify that the said document is a true copy of the document relied upon by the Courts on giving judgment.

FORM 40A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF ARTICLE 54 OF COUNCIL REGULATION (EC) NO. 44/2001.

BETWEEN

Plaintiff

AND

Defendant

CERTIFICATE PURSUANT TO ARTICLE 54 OF COUNCIL REGULATION (EC) NO.44/2001

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 a 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 Registrar

FORM 40B

AN CHÚIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF ARTICLE 33 OF COUNCIL REGULATION (EC) NO. 1347/2000.

BETWEEN

Plaintiff

AND

Defendant

CERTIFICATE PURSUANT TO ARTICLE 33 OF COUNCIL REGULATION (EC) NO. 1347/2000.

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 Judgement 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 Registrar

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 Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of Judgments in Civil or Commercial matters and to provide for the provision of documentation pursuant to Article 54 of Council Regulation (EC) No. 44/2001 and Article 33 of Council Regulation (EC) No. 1347/2000.

4. The following additions shall be inserted in Order 14

(

a

) The title to Order 14 shall be amended by the addition after the words “Jurisdiction of Courts and Enforcement of Judgements (EC) Act, 1998” of the following words “or Council Regulation (EC) No. 44/2001”.

(

b

) Rule 1 (i) shall be amended by the addition after the words “by virtue of the 1998 Act” of the following words “or Council Regulation (EC) No. 44/2001”.

(

c

) Rule 1 (iii)(

b

) shall be amended by the addition after the words “Article 16 of the 1968 Convention” of the following words “or Article 22 of Council Regulation (EC) No. 44/2001”.

(

d

) Rule 1 (iii)(

c

) shall be amended by the addition after the words “Article 17 of the 1968 Convention” of the following words “or Article 23 of Council Regulation (EC) No 44/2001”.

(

e

) Rule 5(i) shall be amended by the addition after the words “under the provisions of the 1968 Convention” of the following words “or Council Regulation (EC) No. 44/2001”.

(

f

) Rule 5(ii) shall be amended by the addition after the words “under the provisions of the 1968 Convention” of the following words “or Council Regulation (EC) No. 44/2001” and after the words “Article 18 of the Convention” of the following words “or Article 24 of Council Regulation (EC) No. 44/2001”.

ORDER 61A

Rule One

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 8th day of September, 2003.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Edmund Carroll

Joe Deane

Gerard Doherty

Noel Rubotham

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. 882 of 2004

CIRCUIT COURT RULES (JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS) 2004.