S.I. No. 635/2005 - District Court (EU Regulations) Rules 2005

1. Member State of origin - IRELAND

2. Court or competent authority issuing the certificate - DISTRICT COURT

2.1. Name

2.2. Address

2.3. Tel./fax/e-mail

3. Court which delivered the judgment/approved the court settlement

(*)

3.1. Type of court

3.2. Place of court

4. Judgment/court settlement

(*)

4.1. Date

4.2. Reference number

4.3. The parties to the judgment/court settlement

(*)

4.3.1. Name(s) of plaintiff(s)

4.3.2. Name(s) of defendant(s)

4.3.3. Name(s) of other party(ies), if any

4.4. Date of service of the document instituting the proceedings where judgment was given in default of appearance

4.5. Text of the judgment/court settlement

(*)

as annexed to this certificate

5. Names of parties to whom legal aid has been granted

The judgment/court settlement

(*)

is enforceable in the Member State of origin (Articles 38 and 58 of the Regulation) against

Name

Done at ............................,

This ...... day of ................ 20...

Signature and/or stamp ...................................................................................................

District Court Clerk

SCHEDULE C

0.62.r. 12 (2)

No.62.5

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September,1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

Section 9(9)(a) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998.

NOTICE CONCERNING SUMS PAYABLE UNDER AN ENFORCEABLE MAINTENANCE ORDER

Between .........................................................................................

of ......................................................................................

Maintenance Creditor

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

of .......................................................................................

Maintenance Debtor

YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below payable by you, the above-named maintenance debtor, under a maintenance order *(made) *(as varied) on the day of 20 by

and in respect of which an enforcement order has been made by the Master of the High Court Dublin on the day of 20 are by virtue of section 9(9) of the above-named Act of 1998 payable to the district court clerk for the above-named district court area for transmission to the maintenance creditor.

Sums payable under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency to

The District Court Clerk,

District Court Office,

at ............................................

Whose office hours are from to Monday to Friday each week.

Dated this day of 20

Signed

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

District Court Clerk for the above-named district court area,

District Court Office

at.................................

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

IRELAND

PARTICULARS OF SUMS DUE

(Set out the details)

Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses): Euro €

In addition to this last-named sum you are obliged to pay Euro € per week in accordance with the terms of the order and the provisions of the above-named Act of 1998

To .......................................................................................................

of .....................................................................................................

The maintenance debtor

NOTE

Under section 9(13) of the above-named Act of 1998 as so applied you are required to notify the above-named district court clerk of any change in your address. Failure, without reasonable cause, to do so is an offence punishable on summary conviction by a fine not exceeding €1,270.

SCHEDULE C

0.62.r. 13 (1)(b)

No. 62.6

In the matter of Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

CERTIFICATE OF ARREARS

District Court Area of

District No.

...................................................................................... Maintenance Creditor

.......................................................................................... Maintenance Debtor

I HEREBY CERTIFY that the sums payable to the District Court Clerk for the above-named district court area by the above-named maintenance debtor. now residing at ................................................................. for transmission to the above-named maintenance creditor, domiciled at under a maintenance order *(made) *(as varied) on the day of 20 by

and in respect of which an enforcement order was made by the Master of the High Court on the day of 20

*[have not been paid in full. and that there is. according to the best of my information and belief, in arrears the sum of Euro € being the amount of weekly payments which have become due and payable up to and including the day of 20 (together with the sum of Euro € for costs and expenses,

making in all the total sum of Euro € )].

*[have been paid in full up to and including theday of 20 and that there are no such sums in arrears at the date of this certificate.]

Dated this day of 20

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

District Court Clerk for the above-named district court area,

District Court Office

at .................................

IRELAND

SCHEDULE C

O.62.r.13

No. 62.7

EIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*(Article 2) *(Article 5.2) of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*(Article 2) *(Article 5.2) of *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

And in the matter of

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

And in the matter of

Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

SUMMONS TO *VARY *REVOKE A MAINTENANCE ORDER

Between .........................................................................................

of ......................................................................................

Maintenance Creditor

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

of .......................................................................................

Maintenance Debtor

YOU ARE HEREBY REQUIRED TO APPEAR at the sitting of the District Court to be held at on the day of 20 at a.m./p.m. upon the hearing of an application by the above-named *(maintenance creditor) *(maintenance debtor) residing at

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

(in the court area and district aforesaid to have the maintenance order which was made on the day of 20 by

†

whereby the above-named maintenance debtor was ordered to pay

‡

*(being an order in respect of which an enforcement order was made on the day of 20 by the Master of the High Court at Dublin).

*VARIED *REVOKED on the following grounds-

IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PRQCEEDINGS you (or your solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his or her office not later than four days before the above-named date of hearing, and post the other notice to the other party in the proceedings or to that party's solicitor, as the case may be.

IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU.

Dated this day of 20

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

District Court Clerk for the above-named district court area,

District Court Office

at .................................

IRELAND

To

of

*(in the court area and district aforesaid)

*(maintenance creditor)

*(maintenance debtor)

Add two Notices of Intention to Appear as in Form 62.1

SCHEDULE C

O.62.r.15

No.62.8

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of *(Article 2) *(Article 5.2) of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

And in the matter of

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

And in the matter of

Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

ORDER *VARYING *REVOKING A MAINTENANCE ORDER

Between .........................................................................................

of ......................................................................................

Maintenance Creditor

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

of .......................................................................................

Maintenance Debtor

WHEREAS by maintenance order dated the day of 20 made by

†

*(in respect of which an enforcement order was made on the day of 20 by the Master of the High Court at Dublin) the above-named maintenance debtor. now residing at....................................................................................

*(in court area and district aforesaid) was ordered to pay to the above-named maintenance creditor, now residing at ..........................................................

*(in court area and district aforesaid) the sum of Euro €

AND WHEREAS an application was made by summons to this Court to-day by the *(maintenance creditor) *(maintenance debtor) for an order *varying *revoking the said maintenance order,

AND HAVING HEARD the evidence tendered by or on behalf of the *(maintenance creditor) *(and) *(maintenance debtor),

AND BEING SATISFIED

(1) that the *(summons) *(notice of the institution of these proceedings) was duly served upon the *(maintenance creditor) *(maintenance debtor residing at ......................................................................... on the day of 20

(2) that the *summons *notice was served in sufficient time to enable the party served to arrange for a defence.

(3) that the *summons *notice included a statement of the substance of the said application,

THE COURT HEREBY ORDERS THAT THE SAID MAINTENANCE ORDER

*BE REVOKED

*BE VARIED AS FOLLOWS

Dated this day of 20

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

Judge of the District Court

Given this 19

th

day of May 2003

Peter Smithwick

John Garavan

Uinsin Mac Gruairc

Mary C Devins

Sean McMullin

Hugh O‘Neill

Damien J Colgan

David Kelly

Chairman

I concur in the making of the foregoing rules

Dated this 4

th

day of October 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

“These Rules amend

(a) Order 11 of the District Court Rules 1997, in consequence of the provisions of Council Regulation (EC) 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (O.J. L 160 of 30 June 2000, p.37) and

(b) Order 62 of those Rules, in consequence of the provisions of that Regulation and of Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and enforcement of judgments in civil and commercial matters (O.J. L 307 of 24 November 2001 p.28).”

(*)

Delete as appropriate.

(*)

Delete as appropriate.

(*)

Delete as appropriate.

(*)

Delete as appropriate.

(*)

Delete as appropriate.

†

State Court which made order

‡

Give details of the order

†

State Court which made order

6. that the Court gave judgment against the *(defendant) *(plaintiff) as follows:-

*7 that the said judgment carries interest at the rate of percent per annum on the judgment debt only (exclusive of costs and expenses) that is to say, on the sum of Euro € from the day of 20 until it is paid.

7. Where, in proceedings to which rule 5 or 6 of this Order relates, a defendant intends to appear or to be represented at the hearing for the purpose of defending the proceedings and/or, by virtue of Article 24 of the Jurisdiction Regulation, or Article 18 of either the 1968 Convention or the Lugano Convention for the purpose of contesting the jurisdiction of the Court, the defendant or solicitor for the defendant shall complete, detach and send by post to the Clerk one of the Notices of Intention to Appear (and Defend which were received so soon as to reach the Clerk's office not later than four days before the date fixed for the hearing, and shall at the same time complete, detach and send by post to the plaintiff or solicitor for the plaintiff the other such Notice received.

Hearing of proceedings

8. that *(notice of appeal against) *(notice to set aside) the judgment *(has been entered *(has not been entered).

9. that the time for lodging an appeal against the judgment *(expired) *(will expire) on the day of 20

10. that enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

Dated this day of 20

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

District Court Clerk for the above-named district court area,

District Court Office at

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

IRELAND

SCHEDULE C

0.62.r.10 (2)

No.62.4

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

CERTIFICATE THAT JUDGMENT IS ENFORCEABLE IN THE STATE AND HAS BEEN SERVED

Between .......................................................................................

of ....................................................................................................

Plaintiff

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

of .......................................................................................

Defendant

I............................................................ the District Court Clerk for the above-named District Court area, do hereby certify as follows:-

11. This Order shall not apply to the enforcement of maintenance orders made in a reciprocating jurisdiction as provided for in

section 14

of the

Maintenance Orders Act, 1974

and to which Order 55 of these Rules relates.

12. (1) Where a copy of a maintenance order or a copy of an order varying or revoking such an order, in respect of which an enforcement order has been made, is received together with a copy of relevant enforcement order by a District Court Clerk from the Master of the High Court (or in the case of an instrument of settlement, the High Court) such Clerk shall register particulars of each document received.

0.62, r.14

(2) If the enforcement order has been made in respect of a maintenance order or an order varying a maintenance order, the Clerk shall send by registered post to the maintenance creditor and the maintenance debtor a notice in the Form 62.5 Schedule C.

(3) If the enforcement order has been made in respect of an order revoking a maintenance order, the Clerk shall send by registered post to the maintenance debtor a copy of such revocation order and a statement of any amounts still due and payable under the maintenance order.

13. (1) Where a maintenance debtor ceases to reside in the district court area in which the proceedings have been registered and commences to reside elsewhere in the State, the Clerk for the said district court area shall forward to the Clerk for the district court area in which the maintenance debtor is for the time being residing the following documents-

(a) a copy of the maintenance order and a copy of the relevant enforcement order,

(b) a certificate of arrears in the Form 62.6 Schedule C,

(c) a copy of the variation order (if any),

(d) any other relevant document.

(2) The Clerk receiving the said documents shall proceed as if the copy of the maintenance order and the copy of the enforcement order had been received from the Master of the High Court (or in the case of an instrument or settlement, the High Court).

14. (1) Whenever a District Court Clerk receives a request in writing from a maintenance creditor under section 9 (9) of the Act of 1998 in relation to any sum payable by virtue of an enforceable maintenance order but not duly paid such Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or Order 57 (Proceedings under

section 8

of the

Enforcement of Court Orders Act, 1940

) of these Rules.

(2) Where it appears to a District Court Clerk that any sums payable to him or her under an enforceable maintenance order for transmission to the maintenance creditor are in arrears and he or she has received no request in writing under the said section 9(9) in relation thereto, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Application by virtue of Articles 2 and 5.2 of the Jurisdiction Regulation or the 1968 Convention

15. An application to the District Court being brought-

(a)

by virtue of Article 5.2 of the Jurisdiction Regulation, or Article 5.2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled or habitually resident in the State against a maintenance debtor domiciled in a Member State or Contracting State other than the State for the variation of a maintenance order,

0.62, r.15

(b)

by virtue of Article 2 of the Jurisdiction Regulation, or Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled in a Member State or Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance order, or

(c)

by virtue of Article 2 of the Jurisdiction Regulation, or Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance debtor domiciled in a Member State or Contracting State other than the State against a maintenance creditor domiciled in the State for the variation or revocation of a maintenance order,

shall be preceded by the issue and service upon the defendant party of a summons in the Form 62.7 Schedule C or, where appropriate, notice thereof in the Form 62.1 Schedule C, with any necessary modifications, where the defendant party is domiciled in a Member State or Contracting State other than the State, and the provisions of this Order shall apply. The order of the Court granting the application shall be in the Form 62.8 Schedule C and shall be served upon a party within the jurisdiction by registered post and upon a party domiciled in another Member State or Contracting State in accordance with the provisions of the Service Regulation or, as appropriate, The Hague Convention (including Articles 8 to 11 thereof) and this Order.

PART III- RECOVERY OF MAINTENANCE

- MAINTENANCE ACT, 1994- PART II

- RECIPROCATING JURISDICTIONS

- THE ROME CONVENTION

Enforcement Order

16. If a judgment or an instrument or settlement referred to in Articles 57 or 58 of the Jurisdiction Regulation, or Articles 50 or 51 of the Brussels Convention or the Lugano Convention does not relate solely to maintenance, these Rules shall apply only to those parts that relate to maintenance, and upon receipt of an enforcement order made by the High Court, in relation thereto, the Clerk shall proceed as indicated in rule 17 hereof.

17. Where, pursuant to section 7 (1) of the Act of 1994, the Central Authority, on receipt of an application for the recognition or enforcement in the State of a maintenance order which has been transmitted by the Central Authority of a reciprocating jurisdiction, sends the application to

(a)

the Master of the High Court for determination in accordance with section 7 of the Act of 1998, or

(b)

the High Court for determination in accordance with Articles 38, 39 and Annex II of the Jurisdiction Regulation or, as appropriate, Article 31 of the Brussels or Lugano Conventions

O.62, r.18

and, where an enforcement order is made under sections 7(2) or 7(7) of the Act of 1994, as appropriate, and the orders are sent to the appropriate District Court Clerk, such clerk shall register the documents and proceed to enforce the enforceable maintenance order in accordance with the provisions of this Order.

PART IV - RECOVERY OF MAINTENANCE

-MAINTENANCE ACT, 1994

-DESIGNATED JURISDICTIONS

-THE NEW YORK CONVENTION

18. Where the Central Authority receives a request from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“the respondent”), and such request being accompanied by an order of a Court in a Contracting State (within the meaning of the Act of 1998), the Central Authority transmits the request pursuant to section 14 (1)(a) of the Act of 1994 to the Master of the High Court for determination in accordance with Article 39 of the Jurisdiction Regulation or section 7 of the Act of 1998, and where the Master having made an enforcement order in respect of the maintenance order, sends those orders to the appropriate District Court Clerk such Clerk shall proceed as indicated in rule 16 of these Rules.

19. (1) Where the Central Authority receives a request referred to in rule 18 hereof and such request is accompanied by an order made by any other Court and the Central Authority is of opinion that the order may be enforceable in the State the Central Authority may make application pursuant to section 14 (1) (b) of the Act of 1994 at any sitting of the District Court for the relevant district court district (as set out in section 14 (11) of the Act of 1994) for the enforcement of the order

(2) Such application shall be preceded by the issue and service of a notice, in the Form 62.9 Schedule C upon the respondent. The notice shall be accompanied by a copy of the documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

(3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with a statutory declaration as to service thereof and the certificate of posting, at least four days prior to the said date of hearing.

O.62, r.19(4)

Clerk to send copy orders

(4) Where, upon hearing the application, the Court makes an order for the enforcement of the order of the court in the designated jurisdiction for the recovery of maintenance such order of the Court shall be in the Form 62.10 Schedule C and copies thereof shall be sent by the Clerk to the Central Authority and the respondent.

and enforce order

(5) When the Court makes such an order the Clerk shall proceed to enforce the enforceable maintenance order as indicated in rule 16 of these Rules.

Enforcement Procedure where not accompanied by order-

20.(1) Where the Central Authority receives a request referred to in rule 17 hereof and either:-

(a)

such request is not accompanied by an order referred to in rule 17 or in rule 18 hereof, or

(b)

enforcement of the order is refused,

- application to District Court

and the Central Authority intends to make an application to the District Court pursuant to section 14 (1)(c)(ii) of the Act of 1994, for the recovery of maintenance in accordance with the request, such application may be made at any sitting of the Court for the relevant Court District (as set out in section 14 (11) of the Act of 1994) and shall be deemed (as provided in subsection (3 of that section) to be an application for a maintenance order under section 5 5A or 21A of the Act of 1976, as appropriate.

- on notice

(2) The application shall be preceded by the issue and service of a notice, in the Form 62.11 Schedule C upon the respondent. The notice shall be accompanied by a copy of documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

(3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with the certificate of posting, at least four days prior to the said date of hearing.

(4) Where, upon hearing the application, the court makes a maintenance order the Clerk shall proceed in accordance with the relevant provisions of the Order 54 and this Order, and the forms therein provided (with any necessary modifications) may be used.

O.62, r.21

21. Where the court, on an application to it under section 14 (1) (c) of the Act of 1994, takes evidence from the respondent on sworn deposition, such deposition shall be in the Form 62.12 Schedule C.

a copy thereof shall be sent by the Clerk to the Central Authority for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit.

22. Where, at the hearing of an application under section 14 (1) (c) of the Act of 1994, the Court makes an order pursuant to subsection (7 of that section transferring the proceedings to a district court district where facilities are available for taking the evidence of the claimant or of any witness through a live television link, such order shall be in the Form 62.13 Schedule C. The Clerk shall forward a copy thereof together with any other documents in his or her possession relating to the proceedings, to the appropriate District Court Clerk.

23. A request by the claimant to give evidence on sworn deposition before the District Court pursuant to section 15 (2) (a) of the Act of 1994 may be made at any sitting of the Court for the district court district in which the claimant resides or carries on any profession business or occupation. A deposition, taken under that provision shall be in the Form 62.14 Schedule C and the certificate of the Court required under that provision (which may be added at the foot of the deposition) shall be in the Form 62.15 Schedule C. A certified copy of the deposition and certificate shall be given by the Clerk to the claimant.

24. The certificate to be given by the Clerk to a claimant on request pursuant to section 15 (3) (b) of the Act of 1994, shall be in the Form 62.16 Schedule C.

25.(1) Subject to the provisions of subsection (8) of section 19 of the Act of 1994, where on request from the Master of the High Court, pursuant to section 19 (2) of the Act of 1994, a Judge of the District Court proposes to take the evidence of a person for the purposes of proceedings in a designated jurisdiction for the recovery of maintenance, the Clerk shall issue and serve notice, in the Form 62.17 Schedule C upon the person concerned, the Central Authority the Master of the High Court and upon such other persons as the judge thinks fit. The notice shall be served by registered post at least twenty-one days prior to the date fixed for taking the evidence.

(2) Where such evidence is taken on sworn deposition, the deposition shall be in the Form 62.18 Schedule C. The Clerk shall send a certified copy thereof to the Central Authority for transmission to the requesting authority.

(3) Where, as provided for in section 19 (9) of the Act of 1994, the requesting authority makes a request for the taking of evidence directly to the District Court, the provisions of this rule shall, with any necessary modifications, apply in relation to such a request.

O.62, r.25(4)

(4) If it is not possible to take the evidence within four months of the receipt of the request by the Central Authority, the Judge shall certify in the Form 62.21 Schedule C the reasons for the non-execution of the request or for the delay in executing it and the Clerk shall send the same to the Central Authority for transmission to the requesting authority.

PART V - MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS II, III AND IV REFER

Currency of payments

26. An amount payable in the State under:-

(a)

an enforceable maintenance order by virtue of an enforcement order as provided for in the Act of 1988, or

(b)

an order for recovery of maintenance which is made by a Court in a jurisdiction other than the State and is enforceable in the State as provided for in the Act of 1994,

shall be paid in the currency of the State and if the amount is stated in the enforceable maintenance order or order for recovery, as the case may be, in a currency other than the currency of the State, the payment shall be made on the basis of the exchange rate prevailing on the date of the making of the enforcement order or of the order of a court in the State for the enforcement of the order, for the recovery of maintenance between that other currency and the currency of the State.

Clerk to give receipt for and transmit payments

27. (1) The District Court Clerk shall give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him or her under an order referred to in rule 26 hereof and shall transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it, having due regard to the provisions of subsections 2 (a) and 2 (b) of section 4 of the Act of 1994.

(2) Before transmitting any such payment abroad the Clerk shall comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and shall, where necessary for that purpose, produce the order referred to in rule 26 hereof to an authorised dealer, (i.e. a licensed bank) for inspection.

Venue for proceedings by creditor

28.(1) Proceedings by or on behalf of the maintenance creditor being brought in the District Court under the Act of 1998 for the enforcement of an enforceable maintenance order, may be brought heard and determined

O.62, r.28(2)

(a)

in case the maintenance debtor under the enforceable maintenance order concerned resides in the State, at any sitting of the Court for the district court district in which the maintenance debtor resides,

(b)

in case the maintenance debtor does not reside in the State but is in the employment either of a person residing or having a place of business in the State or of a corporation or association having its seat therein, at any sitting of the Court for the district court district in which that person resides or, as the case may be, the corporation or association has its seat.

(2) Proceedings being brought by the maintenance creditor by virtue of Article 2 of the Jurisdiction Regulation, or Article 2 of either the 1968 Convention or the Lugano Convention for the variation of a maintenance order made in a Contracting State other than the State may be brought, heard and determined at any sitting of the Court for the district court district in which the maintenance debtor is domiciled.

PART VI- MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS III AND IV REFER

29.(1) An application by the Central Authority to the District Court under section 20 (2) of the Act of 1994 for an order requiring a person or body (not being a person or body mentioned in subsection (1) of that section) to provide to the Central Authority information as to the whereabouts, place of work, or location and extent of the assets of a maintenance debtor (within the meaning of the Act of 1998) or respondent may be made at any sitting of the Court for the district court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation, and notice of such application in the Form 62.19 Schedule C shall be lodged with the Clerk at least four days prior to the date of hearing.

(2) Where the Court grants the application and makes the order sought, such order shall be in the Form 62.20 Schedule C and the Central Authority shall forward a copy thereof to the person or body concerned.

SCHEDULE 3

No.62.1

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters.

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

NOTICE OF INSTITUTION OF PROCEEDINGS

Between

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

of ............................................................................................

Plaintiff

and

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

of ...........................................................................................

Defendant

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you the above-named defendant, domiciled at .........................................................

by the above- named Plaintiff, *(ordinarily resident) *(carrying on a professional business/ occupation) at ..........................................................................................

*(in the district court area aforesaid), claiming as follows:-

The proceedings have been listed for hearing at the sitting of the District Court to be held at on the day of 20 at a.m./p.m.

IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (or your Solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his or her office not later than four days before the above-mentioned date of hearing and post the other Notice to the plaintiff or the solicitor for the plaintiff.

IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU

Dated this day of 20

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

District Court Clerk for the above-named district court area.

District Court Office,

at......................

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

IRELAND

To ..............................................................

of ..............................................................

the above-named defendant.

These proceedings have been issued *(by the Plaintiff) *(by

Solicitors of ......................................................................

Solicitors for the Plaintiff)

SCHEDULE C

0.62, rr.5 (3), 15

NOTICE OF INTENTION TO APPEAR

TAKE NOTICE THAT

.................................................................................... domiciled

(the Defendant)

at ............................................................................................

INTENDS TO APPEAR (or) TO BE REPRESENTED at the hearing of the proceedings brought against him/her by

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

(the Plaintiff)

of ..........................................................................................

and which are listed for hearing at the sitting of the District Court to be held at on the day of 20 at a.m./.p.m.

*(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS)

*(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION FOR THE PURPOSEOF DEFENDING THE PROCEEDINGS).

Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to ........................................ at ........................................................................................)

Dated this day of 20

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

*Defendant

*Solicitor for Defendant

of ...............................................

To: District Court Clerk,

District Court Office,

at ........................................................

IRELAND

SCHEDULE C

0.62, rr.5 (3), 15

NOTICE OF INTENTION TO APPEAR

TAKE NOTICE THAT

.................................................................................... domiciled

(the Defendant)

at ............................................................................................

INTENDS TO APPEAR (or) TO BE REPRESENTED at the hearing of the proceedings brought against him/her

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

(the Plaintiff)

of ..........................................................................................

and which are listed for hearing at the sitting of the District Court to be held at on the day of 20 at a.m./.p.m.

*(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS)

*(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION FOR THE PURPOSEOF DEFENDING THE PROCEEDINGS).

Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to ........................................ at ........................................................................................)

Dated this day of 20

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

*Defendant

*Solicitor for Defendant

of ...............................................

To: District Court Clerk,

District Court Office,

at ........................................................

IRELAND

No.62.2

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area

District No.

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

CERTIFICATE AS TO COURT'S JURISDICTION

Between ....................................................................................

of ........................................................................................

Plaintiff

and

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

of ........................................................................................

Defendant

I ................................... (the Plaintiff) *(solicitor for Plaintiff) do hereby certify

SCHEDULE C

0.62, r.4 (4), 4(6)

SI 635 of 2005

District Court (EU Regulations) Rules 2005

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 17

of the

Interpretation Act, 1937

[as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

] and

section 34

of the

Courts (Supplemental Provisions) Act, 1961

, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-