S.I. No. 312/2007 - Circuit Court Rules (General) 2007

1. [here insert grounds upon which the Applicant is relying for the reliefs sought]

2. [here insert basis of jurisdiction]

3. [here insert name, address and description of the Plaintiff]

4. [There must be annexed to this Notice of Motion the documents referred to in the relevant paragraph of Order 57, Rule 1(6).]

Dated the day of 200.

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

Plaintiff/Solicitor for the Plaintiff

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

The Defendant/Solicitor for the Defendant

And

To: The Employment Appeals Tribunal

And

To: The County Registrar

FORM 40B AN CHÚIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF ARTICLE 39 OF COUNCIL REGULATION (EC) NO. 2201/2003

BETWEEN

Plaintiff

AND

Defendant

CERTIFICATE PURSUANT TO ARTICLE 39 OF COUNCIL REGULATION (EC) NO. 2201/2003

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 200.

Seal of the Court

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

County Registrar / Person authorised

EXPLANATORY NOTE

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

These Rules contain various amendments to the Circuit Court Rules 2001, including, in particular, (

a

) certain amendments to the following Orders of the Circuit Court Rules 2001: Order 1, Order 5, Order 6, Order 11, Order 13, Order 14B, Order 18, Order 26, Order 27, Order 29, Order 50, Order 53, Order 57, Order 59, Order 61A, Order 63 and Order 69; (

b

) certain amendments to the Circuit Court Rules (No. 4) (Restoration of Companies to the Register Pursuant to Section 12 of the Companies Act 1982 as inserted by Section 46 of the Companies (Amendment)(No. 2) Act 1999) 2003 (

S.I. No 615 of 2003

), Circuit Court Rules (No. 2) (Section 39, Criminal Justice Act 1994) 2004 (

S.I. No 448 of 2004

), Circuit Court Rules (Protection of Employees (Part Time Work) Act 2001) 2004 (

S.I. No 721 of 2004

), Circuit Court Rules (Equal Status Act 2000) 2004 (

S.I. No 879 of 2004

) and Circuit Court Rules (European Arrest Warrant Act 2003) 2005 (

S.I. No 57 of 2005

) and (

c

) the substitution or deletion of certain forms.

5. (1) In this Rule “the Act” means the

Domestic Violence Act 1996

(No. 1 of 1996).

Venue

(2) In accordance with section 14 of the Act, an application under this Rule shall be brought in the county where the applicant in the proceedings ordinarily resides (subject to section 14(2) of the Act) or where the place in relation to which the application for a Barring Order is made is situate save that, where the application is made by the Health Service Executive pursuant to section 6 of the Act, the application shall be brought in the county where any party on whose behalf the application is made ordinarily resides or where the place in relation to which the application for a Barring Order is made is situate.

Forms

(3) An application for the making, varying or discharging of a Barring Order or Safety Order shall be instituted by the issuing of a Domestic Violence Civil Bill in the form specified at Form 20 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate in the circumstances.

Interim orders

(4) An application for a Protection Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order or Safety Order and an application for an interim Barring Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order and such applications shall be grounded upon an affidavit to be sworn by the applicant or such other person as may be appropriate. An application for the discharge or variation of a Protection Order or interim Barring Order made pursuant to this Rule shall be by Motion on Notice or by ex parte application and shall be grounded upon an affidavit to be sworn by the respondent or such other person as may be appropriate. Urgent applications under this Rule may be made to a Judge at any time or place approved by him or her, by arrangement with the County Registrar. Where interim relief of any nature is granted following an ex parte application, the applicant shall forthwith cause a Notice of Motion to issue in respect of the reliefs which are being sought and/or affirming the ex parte Orders which have been made, such Motion to be returnable before the Court not later than 8 days following the granting of the ex parte relief and to be served upon the respondent in accordance with the provisions of sub-rule (8), unless otherwise directed by the Court. Save where otherwise directed by the Court, all ex parte Orders obtained shall lapse upon the expiration of 8 days following the making thereof.

Entry

(5) Every Domestic Violence Civil Bill under sub-rule (3) shall be entered in the Office before service and a date for the hearing of same or a date upon which a date for hearing shall be fixed by the Court shall be obtained.

Dates

(6) Every Domestic Violence Civil Bill under sub-rule (3) shall state the date upon which the application shall be listed for hearing or shall state the date upon which a date for hearing shall be fixed by the Court. For the purpose of obtaining an expeditious hearing of such application, the same may be set down for hearing at any sitting of the Court within the Circuit.

Signature

(7) Every Domestic Violence Civil Bill under sub-rule (3) and every Notice of Motion and every ex parte docket shall be dated and bear the name, address and description of the applicant and shall be signed by the applicant or by the applicant’s solicitor.

Service

(8) Every Domestic Violence Civil Bill under sub-rule (3) and every Notice of Motion under sub-rule (4) shall be served at least four clear days before the date scheduled for the hearing thereof, either personally in accordance with the provisions of Order 11, or alternatively, by leaving a true copy of the same at the respondent’s residence. In the event that there is no Summons Server assigned to the relevant area any person over the age of eighteen years shall be deemed to be an authorised person for the purpose of the service of such Domestic Violence Civil Bill or Notice of Motion. An Affidavit of Service of every Domestic Violence Civil Bill under sub-rule (3) and every Motion on Notice under sub-rule (4) shall be sworn and shall be handed in at the hearing of the application or Motion.

Evidence

(9) Save by special leave of the Court, all applications made ex parte or by Motion on Notice for an interim Barring Order or Protection Order or for the variation or discharge of same pursuant to sub-rule (4) shall be heard on affidavit evidence only and where, by leave of the Court, any oral evidence is heard by the Court in the course of such applications ex parte, a note of such evidence shall be prepared by the applicant or the applicant’s solicitor or the Health Service Executive or the solicitor for the Health Service Executive and approved by the Judge, unless otherwise directed by the Court. Save by special leave of the Court, all applications for a Barring Order or Safety Order and all applications for a variation or discharge of any Barring Order or Safety Order pursuant to sub-rule (4) shall be heard on oral evidence.

Joinder

(10) Any application for a Barring Order or Safety Order may be joined together with any other application on the same Notice or application.

Service

(11) On the making, varying or discharging of a Barring Order, a Safety Order, an interim Barring Order or a Protection Order, the County Registrar shall cause a copy of the Order in question to be given or sent as soon as practicable to the applicant, to the respondent, to the Health Service Executive where application was made by the Health Service Executive pursuant to section 6 of the Act, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the Barring Order or interim Barring Order was made or the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person for whose benefit the safety order or protection order was made resides or such other area as the Court shall deem appropriate and to such other persons as are specified in section 11 of the Act. Where an interim Barring Order or Protection Order is made ex parte, the copy Order sent to the respondent spouse shall have enclosed therewith a copy of the affidavit upon which the application was grounded and a copy of the approved note of any oral evidence heard in the course of such application, unless otherwise ordered by the Court.

Stamp duty

(12) No stamp duty shall be payable in respect of any applications brought under the Act.

Rule 6 — Section 40, Civil Liability and Courts Act 2004 (No. 31 of 2004)

Admission to proceedings for the purposes of

section 40

of the

Civil Liability and Courts Act 2004

6. (1) A person (hereinafter referred to as “the recorder”) referred to in section 40(3)(

a

) of the

Civil Liability and Courts Act 2004

intending to attend any proceedings to which a relevant enactment (as defined in section 40(2) of the said Act) relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) shall, prior to or at the commencement of the hearing of the proceedings, identify himself or herself to the Court and apply for such direction as the Court may give under section 40(3) of the said Act.

(2) On any such application, the Court—

(

a

) if satisfied that the recorder is a person referred to in section 40(3)(

a

) of the said Act and that the recorder intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and

(

b

) having heard any submission made by or on behalf of any party to the proceedings, may allow the recorder to attend the proceedings subject to such directions as the court may give in that regard.

(3) Where a party, being the applicant or the respondent or other party in the proceedings, wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (hereinafter referred to as “the accompanying person”) in accordance with section 40(5) of the said Act, the party to the proceedings shall complete Form 37K and

(

a

) where the other party or parties to the proceedings have agreed to the accompanying person, the party making such application shall lodge Form 37K, duly completed, with the County Registrar prior to or at the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the said Act;

(

b

) Save in ex parte applications, where the other party or parties have not agreed to the accompanying of the party by the accompanying person, the party seeking to be so accompanied shall, by motion (to which Form 37K, duly completed, shall be appended) on notice to the other party or parties returnable not later than fourteen days prior to the date fixed for the hearing of such proceedings, unless the Court otherwise directs, apply to the Court to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the said Act;

(

c

) In ex parte applications, subject to the filing of Form 37K in accordance with sub-rule (

a

) above, the approval of any accompanying person shall be at the discretion of the Court.

On any such application, the Court may approve the accompaniment of the party concerned by the accompanying person, subject to such directions as the Court may give, or may refuse such approval.

(4) The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under sub-rule (2) or sub-rule (3) during the course of any proceedings.

Disclosure of documents, information or evidence for the purposes of

section 40

of the

Civil Liability and Courts Act 2004

(5) An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the

Civil Liability and Courts Act 2004

) for the purposes set out in section 40(8) of the said Act shall be made by motion to the Court on notice to the other party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.

SCHEDULE 2 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 22(1)(

b

) of the

Courts (Supplemental Provisions) Act 1961

.

Dated this day of 200 .

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

Solicitors for the Plaintiff

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

Solicitors for the Defendant

To: The County Registrar

FORM 2L AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

PLANNING CIVIL BILL

IN THE MATTER OF THE PLANNING AND DEVELOPMENT ACT 2000

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 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 200.

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

Plaintiff/Solicitors for the Plaintiff

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

The Defendant/Solicitor for the Defendant

FORM 2L (continued) INDORSEMENT OF CLAIM

[Insert particulars of Plaintiff’s appeal pursuant to the

Planning and Development Act 2000

including the basis upon which jurisdiction is claimed. A copy of the statutory declaration made by the applicant under sub-section (5) of

Section 97

of the

Planning and Development Act 2000

and a copy of the written notice given by the planning authority under sub-section (13) of

Section 97

of the reasons for its refusing a certificate shall be annexed hereto.]

THE PLAINTIFF CLAIMS

[Insert reliefs sought by the Plaintiff]

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

Plaintiff/Solicitors for the Plaintiff

FORM 9A AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

NOTICE OF MOTION FOR JUDGMENT BY DEFAULT OF APPEARANCE

BETWEEN

Plaintiff

AND

Defendant

Take notice that the Plaintiff will apply to the Court on the day of 20 or the next opportunity thereafter for judgment in default of appearance on the grounds that

The Civil Bill herein was issued on the day of and served on the day of. The time for Appearance to the Civil Bill expired on 20 as appears by the declaration/affidavit of service lodged herewith. No appearance having been entered by or on behalf of the Defendant the Plaintiff will apply for judgment in terms of the indorsement of claim in the Civil Bill herein.

Dated this day of 20

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

Plaintiff/Solicitor for the Plaintiff

To: Defendant /Solicitor for the Defendant

and

To: The County Registrar

FORM 10A AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

NOTICE OF MOTION FOR JUDGMENT BY DEFAULT OF DEFENCE

BETWEEN

Plaintiff

AND

Defendant

Take notice that the Plaintiff will apply to the Court on the day of 20 or the next opportunity thereafter for judgment in default of defence on the grounds that

The Civil Bill herein was issued on the day of and served on the day of. An appearance having been entered by the Defendant on the day of but no Defence having been delivered by the Defendant, the Plaintiff will apply for judgment in terms of the indorsement of claim in the Civil Bill herein.

Dated this day of 20

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

Plaintiff/Solicitor for the Plaintiff

To: Defendant /Solicitor for the Defendant

and

To: The County Registrar

FORM 14A AN CHÚIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF COUNCIL REGULATION (EC) NO. 2201/2003 AND IN THE MATTER OF {insert any other applicable legislation}.

BETWEEN

A.B

APPLICANT

AND

C.D.

RESPONDENT

APPEARANCE

7. (1) In this Rule—

“the Act” means the

Protection of Employees (Part-Time Work) Act 2001

(No. 45 of 2001);

“a determination of the Labour Court” shall be interpreted having regard to the provisions of Section 18(2) of the Act, and

“the Minister” means the Minister for Enterprise, Trade and Employment.

(2) All applications under Section 18 of the Act by way of claim for enforcement of determinations of the Labour Court by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member, or by the Minister shall be made by way of Motion on Notice in accordance with Form 36F of the Schedule of Forms annexed hereto with such amendments as are appropriate which shall set out the grounds upon which the plaintiff relies for the reliefs sought and which shall have annexed thereto the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

(3) Applications shall be brought in the County where the employer concerned ordinarily resides or carries on any profession, business or occupation.

(4) Notice of every application shall be given to the employer or employers in question and to the Labour Court by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 11 of these Rules, or by leaving a true copy of same at the employer’s residence or place of business or by pre-paid registered post to the employer’s residence or place of business and, in the case of the Labour Court, by leaving a true copy of same at the Labour Court.

(5) Save by special leave of the Court, all applications under Section 18 of the Act shall be heard upon oral evidence or as may be determined by the Court.

(6) The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

Rule 8 — Carer’s Leave Act 2001

8. (1) In this Rule

“the Act” means the

Carer’s Leave Act 2001

(No. 19 of 2001);

“Commissioner” means a rights commissioner;

“the Minister” means the Minister for Justice, Equality and Law Reform, and

“the Tribunal” means the Employment Appeals Tribunal.

(2) All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as application made or proceedings taken in accordance with these Rules.

(3) Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 22 of the Act, be made by way of Motion on Notice grounded upon Affidavit sworn by the party seeking enforcement of the decisions or determinations or, in the case of the Minister, by an appropriate officer duly authorised by the Minister, which said Affidavit shall exhibit

(

a

) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal and

(

b

) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the plaintiff with the aforementioned decision of the Commissioner or determination of the Tribunal;

(

c

) a copy Notice of Appeal, if applicable;

and shall set out

(i) all the facts relevant to the alleged failure to carry out the decisions or determinations;

(ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed or, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.

(4) Applications shall, in accordance with section 22(4) of the Act, be brought in the County where the relevant employer ordinarily resides or carries on any profession, business or occupation.

(5) Notice of every application shall be given to the employer or employers in question and to the Tribunal and the Commissioner as appropriate by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 11 of these Rules, or by leaving a true copy of same at the employer’s residence or place of business or by pre-paid registered post to the employer’s residence or place of business and by the delivery of a copy of the application at, or by sending the same by prepaid registered post to the Office of the Secretary of the Tribunal or to the Rights Commissioner at the Labour Relations Commission, as appropriate.

(6) Save by special leave of the Court, all applications under Section 22 of the Act shall only be heard upon Affidavit.

(7) The Court may make such Order as to costs as may be appropriate.”

9. Order 13 of the Circuit Court Rules is amended

(1) by the substitution in paragraph (

o

) of Rule 1 of “;” for “.” and by the insertion in Rule 1, immediately following paragraph (

o

), of the following—

“(

p

) any relief is sought in proceedings commenced in accordance with Order 69 of these Rules.”, and

(2) by the substitution for Rule 5 of the following—

“5. Applications under this Order shall be made before the issue of the document, and the affidavit to ground the same shall, when no proceeding is pending, be entitled as between the parties to the intended proceeding and ‘‘In the Matter of the Courts of Justice Acts 1924 to 1961 and the Courts (Supplemental Provisions) Acts 1961 to 2003’’.

10. Order 14B of the Circuit Court Rules (inserted by the Circuit Court Rules (Service in Member States of Judicial and Extra-Judicial Documents in Civil or Commercial Matters) 2004 (

S.I. No. 883 of 2004

)) is amended by the substitution in Rule 17 of the words “originating document” for the words “originating Summons”.

11. Order 18 of the Circuit Court Rules is amended by the substitution for Rule 1 of the following—

“1. (1) The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.

In particular and without prejudice to the generality of the foregoing, and without prejudice to any other provisions of these Rules, the County Registrar may, in accordance with Section 34(1) and the Second Schedule of the

Courts and Court Officers Act 1995

make the following orders—

(i) Any order which may be made as of course.

(ii) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

(iii) An order for enlargement of the time for doing any act or taking any step in an action or matter.

(iv) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(v) A conditional order for the appointment of a receiver by way of equitable execution and, if that appointment is consented to or is uncontested, an order for the appointment of the receiver, and an order for the discharge of a receiver.

(v

a

) A conditional order of garnishee and, if the order is consented to or is uncontested, an order of garnishee.

(vi) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(vii) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(viii) An order for the taking of evidence on commission.

(ix) An order on an application for directions as to—

(I) service of a civil bill or other originating document not

inter partes

, or

(II) any other procedure in an action or matter.

(x) An order adding or substituting a party in any proceeding.

(xi) An order giving liberty to intervene and appear.

(xii) An order for the amendment of pleadings on consent.

(xiii) An order to receive a consent and make the same a rule of court where the parties are

sui juris

.

(xiv) An order under the Bankers' Books Evidence Acts 1879 and 1959.

(xv) An order for payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a judge) for his or her benefit during minority.

(xvi) An order in uncontested cases to have an account taken or inquiry made.

(xvii) An order for the issue, for service outside the jurisdiction of a citation to see proceedings in contentious probate matters.

(xviii) An order for the issue of a citation to lodge in court a grant of probate or letters of administration in contentious probate matters.

(xix) An order giving liberty to file a supplemental affidavit of scripts.

(xx) An order for the lodgement of scripts by any party.

(xxi) An order appointing a receiver in a place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(xxii) A stop order on moneys or securities in Court.

(xxiii) An order for the issue of a sub-poena under Order 39, rule 30 of the Rules of the Superior Courts.

(xxiv) An order to vacate a lis pendens on the application of—

(I) the person on whose application it was registered, or

(II) any person affected by it, on notice to the person on whose application it was registered, where the action to which it relates has been discontinued or determined or a document or pleading has not, for a period of not less than a year before the application to vacate it, been filed in that action by or on behalf of the person on whose application it was registered.

(xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

(xxvi) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(xxvii) An order giving liberty to issue an execution order to replace an execution order that is lost or mislaid.

(xxvii

a

) An order giving liberty to issue an execution order at any time during the period of 12 years from the date of the judgment or order of the Court whose execution is directed or authorised by the execution order.

(xxvii

b

) An order giving liberty to amend the identity of the parties to an execution order in accordance with any amendment made by the Court to the identity of the parties to the judgment or order of the Court whose execution is directed or authorised by the execution order following the death of any party entitled or liable to execution under that order or the assignment of the debt due under that order.

(xxviii) An order for the transfer of proceedings to the High Court or the District Court, including all ancillary orders for the transfer of moneys lodged in the Circuit Court.

(xxix) An order giving liberty to—

(I) serve a third party notice to proceedings on notice to the plaintiff in the proceedings,

(II) join a party as a co-defendant to proceedings on notice to the plaintiff in the proceedings, or

(III) join a party as a co-plaintiff to proceedings on notice to the defendant in the proceedings.

(xxx) An order for the recovery of—

(I) a liquidated amount, or

(II) a specific chattel or chattels,

or both in any proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxi) An order entering judgment in an action for unliquidated damages, together with interest thereon and the costs, charges and expenses of the action, in which an appearance has not been entered or a defence has not been delivered.

(xxxii) An order for the recovery of possession of any land in ejectment proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxiii) An order for possession of any land within the meaning of

section 3

of the

Registration of Title Act 1964

, in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

(xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered.

(xxxv) An order that—

(I) a debtor liable under a judgment or order of the Court to pay an amount of money or, where the debtor is a body corporate, an officer, employee or member of the body corporate, and

(II) any other person who a County Registrar considers appropriate,

may be examined orally by the County Registrar to ascertain what (if any) debts are owing to the debtor and what (if any) property or other means the debtor has to satisfy the judgment or order.

(2) In any case in which a County Registrar may make an order in accordance with sub-rule (1), he may—

(

a

) make any supplementary or ancillary order,

(

b

) place a stay, subject to such conditions as he thinks just, on any order made, or

(

c

) give any necessary directions

and may in respect of the costs of the application direct payment of a sum in gross in lieu of payment of costs to be taxed

(3) In sub-rule (1), “execution order” shall be interpreted in accordance with the Second Schedule to the

Courts and Court Officers Act 1995

.”.

12. Order 18 of the Circuit Court Rules is amended by the substitution for Rule 7 of the following—

“7. Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate or within ten days from the date of perfection of such ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he thinks fit.”

13. Order 26 of the Circuit Court Rules is amended by the deletion in Rule 3 of the words “, or the Land Commission,”.

14. Order 27 of the Circuit Court Rules is amended

(1) by the substitution for Rule 1 of the following—

“1. (i) In any case in which the plaintiff is not entitled under the provisions of the preceding Order to apply for judgment, and a defendant has made default in entering an Appearance or delivering a Defence, as the case may be, the plaintiff may, at any time after such default, on notice to be served on such defendant not less than four clear days before the hearing, apply to the Court for judgment which said applications shall be made by way of motion on notice in accordance with the Form 9A or 10A of the Schedule of Forms, as appropriate, grounded upon an affidavit.

(ii) No notice of motion for judgment in default of Appearance or Defence may be served unless the plaintiff has at least fourteen days prior to the service of such notice written to the defendant giving him notice of his intention to serve a notice of motion for judgment and at the same time consenting to the late entry of an Appearance or late delivery of a Defence within fourteen days from the date of the letter.”, and

(2) by the substitution for sub-rule (

a

) of Rule 4 of the following—

“(

a

) Where an application is brought under this Order for Judgment in default of Appearance or Defence against a party who has been served with a Civil Bill or originating document outside the State under the provisions of Order 14, such application shall be supported by an affidavit stating that in the deponent’s belief—

(i) each claim made is one which by virtue of the 1998 Act or as the case may be, Council Regulation No. 44/2001, the Court has power to hear and determine;

(ii) the Courts of no other State have exclusive jurisdiction within the meaning of the 1968 Convention Act or Council Regulation No. 44/2001, to hear and determine such claim;

(iii) the defendant or respondent has been served with or has otherwise been able to receive a Civil Bill or originating document or notice thereof in sufficient time to enable him to arrange his defence, or that all necessary steps have been taken to that end, as required by Article 20 of the 1968 Convention Act or as the case may be, by Article 26 of Council Regulation No. 44/2001.”.

15. Order 29 of the Circuit Court Rules is amended by the substitution for paragraph (

c

) of Rule 2 of the following—

“(

c

) the consent is to judgment upon the plaintiff’s claim without terms or conditions other than terms or conditions as to stay of execution or payment by instalments.”

16. Order 50 of the Circuit Court Rules is amended by the substitution for the first paragraph of sub-rule (

a

) of Rule 1 of the following—

“(

a

) Any person desirous of taking proceedings in the Court for the purpose of obtaining a grant, or revocation or a grant of Probate or Letters of Administration shall issue a Civil Bill in the form prescribed in Form 2G of the Schedule of Forms; such Civil Bill shall be headed with the words “Testamentary Civil Bill”. Save in relation to proceedings aforementioned, any person desirous of taking proceedings in the Court pursuant to the provisions of the

Succession Act 1965

shall issue a Civil Bill in the form prescribed in Form 2H of the Schedule of Forms; such Civil Bill shall be headed with the words “Succession Law Civil Bill”. On issuing a Testamentary Civil Bill the plaintiff shall, if no caveat has already been lodged, lodge a caveat in the Probate Office entitled in the estate of the deceased person. Following the issuing of the Testamentary Civil Bill, details of the lodgement of the caveat shall be endorsed thereon by the Probate Officer prior to service thereof. Thereafter, the caveat lodged in the matter will continue in force until the Probate Office is satisfied that the proceedings have been completed, whether determined, discontinued or otherwise.”

17. Order 51, Rule 3 of the Circuit Court Rules is amended by the substitution in each of sub-rules (4), (5), (7) and (15) for references to “the County Registrar” of references to “the County Registrar or the Property Registration Authority”.

18. Order 53 of the Circuit Court Rules is amended by the substitution in Rule 2 for the words “the form annexed hereto” of the words “Form 41 in the Schedule of Forms”.

19. Order 56 of the Circuit Court Rules is amended by the substitution for that Order of the following Order—

“ORDER 56

PLANNING

Rule 1 — Appeal under Section 14(4) of the

Planning and Development Act 2000

20. Order 57 of the Circuit Court Rules is amended by the substitution for Rules 1 to 5 inclusive of that Order of the following Rules—

“ORDER 57

EMPLOYMENT

Rule 1 — Unfair Dismissals Acts 1977 to 2001

21. Order 57 of the Circuit Court Rules is amended by the substitution for Rules 7 and 8 of that Order of the following Rules—

“Rule 7 — Protection of Employees (Part-Time Work) Act 2001

22. Order 59 of the Circuit Court Rules is amended—

(1) by the re-numbering in Rule 1 of sub-rules (7) and (8) respectively as sub-rules (6) and (7) respectively;

(2) by the substitution for the words “this Order” of the words “this Rule” where those words appear in sub-rules (1), (2), (3), (6) and (7) of Rule 1; sub-rules (1), (2), (3), (4), (5), (6), (9) and (11) of Rule 2; sub-rules (1), (2), (3)(

a

), (7)(

d

), (10)(

f

), (10)(i), (21), (23)(

e

) and (24) of Rule 4, and sub-rules (1), (2) and (6) of Rule 5;

(3) by the substitution in each of sub-rule (1)(

b

) and sub-rule (6) of Rule 1 for the words “the Births and Deaths Registration Acts 1863 to 1987” of the words “the

Civil Registration Act 2004

”;

(4) by the substitution for sub-rule (6) of Rule 2 of the following—

“(6) Every Family Law Civil Bill issued pursuant to this Rule shall be served in the manner prescribed by Order 11 on the respondent (or party directed to be notified as aforesaid) at his last known place of residence. An affidavit of service of every Family Law Civil Bill shall be sworn and shall be filed in the Office. Where it is difficult or impossible to serve any such respondent or other person within the jurisdiction, the Court or the County Registrar may make an Order for substituted service or for service outside the jurisdiction of the said Family Law Civil Bill or notice thereof or for both substituted service and service outside the jurisdiction.”

(5) by the substitution in sub-rule (10) of Rule 2 for the words “Rule 7” of the words “sub-rule (7)”;

(6) by the substitution in sub-rule (1) of Rule 4, in each instance in which it appears in paragraph (

a

) of sub-rule (3) of Rule 4, in sub-paragraph (i) of paragraph (

a

) of sub-rule (4) of Rule 4, in paragraph (

h

) of sub-rule (20) of Rule 4, in sub-rule (30) of Rule 4, in sub-rule (31) of Rule 4 and in paragraph (

b

) of sub-rule (32) of Rule 4 for the words “the 1976 Act” of the words “the First 1976 Act”;

(7) by the substitution in paragraph (

a

) of sub-rule (3) of Rule 4 for the words “Rule 4(

b

) of these Rules” of the words “sub-rule (4)(

b

) of this Rule”;

(8) by the substitution in sub-rule (4) of Rule 4 for the words “Form 1” of the words “Form 2N”;

(9) by the substitution in each of sub-rule (6), paragraph (

a

) of sub-rule (7) and paragraph (

a

) of sub-rule (9) of Rule 4 for the words “Rules 17 and 18 hereof” of the words “sub-rules (17) and (18)” and for the words “Rule 19 hereof” of the words “sub-rule (19)” where those words appear;

(10) by the substitution in paragraph (

g

) of sub-rule (4) of Rule 4 for the words “the

Family Law (Divorce) Act, 1996

” of the words “the 1996 Act” and for the words “the

Family Law Act 1995

” of the words “the 1995 Act”, and by the substitution in paragraph (

d

) of sub-rule (9) of Rule 4, in the title immediately following sub-rule (28) of Rule 4 and in sub-rule (29) of Rule 4 for the words “the

Family Law (Maintenance of Spouses and Children) Act 1976

” of the words “the First 1976 Act” and by the deletion from the title immediately following sub-rule (28) of Rule 4 of the words “(as amended)(hereinafter “the 1976 Act”)” and by the substitution in sub-rule (33) of Rule 4 for the words “the

Family Home Protection Act 1976

” of the words “the Second 1976 Act”;

(11) by the substitution in paragraph (

a

) of sub-rule (7) of Rule 4 for the words “the provisions of Order 10 Rule 21” of the words “the provisions of Order 11 Rule 21”;

(12) by the substitution in paragraph (

b

) of sub-rule (7) of Rule 4 for the words “Rule 8 (

a

) hereof” of the words “sub-rule (8)(

a

)”;

(13) by the substitution in paragraph (

c

) of sub-rule (9) of Rule 4 for the words “Rule 36 hereof” of the words “sub-rule (36)”;

(14) by the deletion from paragraph (

b

) of sub-rule (10) of Rule 4 of the words “appearance/”;

(15) by the substitution in paragraph (

g

) of sub-rule (10) of Rule 4 for the words “Rule 10 hereof” of the words “sub-rule (9)”;

(16) by the substitution for sub-rule (11) of Rule 4 of the following—

“11. Subject to paragraphs (

g

), (

h

) and (i) of sub-rule (10), when a Defence has been duly entered and served, the Applicant may serve a notice of trial or a notice to fix a date for trial, as appropriate, in accordance with Forms 15A and 15B of the Schedule of Forms.”;

(17) by the substitution in each of sub-rules (12) and (13) of Rule 4 for the words “This Rule” of the words “This sub-rule”, where those words appear;

(18) by the substitution for paragraph (

a

) of sub-rule (16) of Rule 4 of the following—

“(

a

) Save where the Court shall otherwise direct, any notice party, including the trustees of a pension scheme, who wishes to make representations to the Court pursuant to section 12(18) and/or section 13(2) of the 1995 Act or section 17(18) of the 1996 Act shall make such representations by Affidavit of Representation to be filed and served on all parties to the proceedings within 28 days of service upon them of notice of the application for relief under section 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act in accordance with sub-rules (7) and (9) or within such time or in such manner as the court may direct.”;

(19) by the substitution for sub-rule (17) of Rule 4 of the following—

“17. Without prejudice to the right of each party to make application to the Court for an Order of Discovery pursuant to these Rules and without prejudice to the jurisdiction of the Court pursuant to section 12(25) of the 1995 Act and section 17(25) of the 1996 Act, in any case where financial relief under the Acts is sought, the parties shall file Affidavits of Means in accordance with sub-rules (6) and (9) in respect of which the following rules shall be applicable—

(

a

) either party may request the other to vouch any or all items referred to therein within 14 days of the request;

(

b

) in the event of a party failing to properly comply with the provisions in relation to the filing and serving of Affidavits of Means as set down in these Rules or failing to properly vouch the matters set out therein the Court may on application grant an Order for Discovery and/or may make such Orders as the Court deems appropriate and necessary (including an Order that such party shall not be entitled to pursue or defend as appropriate such claim for any ancillary reliefs under the Acts save as permitted by the Court upon such terms as the Court may determine are appropriate and/or adjourning the proceedings for a specified period of time to enable compliance) and furthermore and/or in the alternative relief pursuant to section 38(8) of the 1995 Act or section 38(7) of the 1996 Act may be sought in accordance with sub-rule (23).”;

(20) by the substitution in sub-rule (18) of Rule 4 for the words “Pensions Acts 1990 —1996” of the words “Pensions Acts 1990 to 2002”;

(21) by the substitution for sub-rule (19) of Rule 4 of the following—

“19. An Affidavit of Welfare shall be in the form set out in Form 37B. In circumstances in which the Respondent agrees with the facts as averred to in the Affidavit of Welfare filed and served by the Applicant, the Respondent may file and serve an Affidavit of Welfare in the alternative form provided for in Form 37B herein. In circumstances in which the Respondent disagrees with the Affidavit of Welfare filed and served by the Applicant, a separate Affidavit of Welfare, including the schedule provided for in the form set out in Form 37B shall be sworn, filed and served by the Respondent in accordance with sub-rule (9).”;

(22) by the substitution in sub-rule (20) of Rule 4 for the words “Rule 4” of the words “sub-rule (4)” where those words appear in sub-paragraph (i) of each of paragraphs (

a

), (

b

), (

c

), (

e

), (

f

), (

g

), (

h

) and (

i

);

(23) by the substitution for sub-rule (21) of Rule 4 of the following—

“21. Save where the Court otherwise directs and subject to sub-rule (25), every Application under this Rule shall be heard on oral evidence, such hearings to be held in camera.”, and

(24) by the substitution in sub-rule (22) of Rule 4 for the words “Notwithstanding the provisions of Rule 21 hereof” of the words “Notwithstanding the provisions of sub-rule (21)”;

(25) by the substitution in paragraph (

a

) of sub-rule (23) of Rule 4 for the words “of section 17(25)” of the words “or section 17(25)” and for the words “section 12(25) of the 1995” of the words “section 12(25) of the 1995 Act”;

(26) by the substitution in paragraph (

e

) of sub-rule (23) of Rule 4 for the words “under this Rule” of the words “under this sub-rule”;

(27) by the substitution in each of paragraphs (

a

) and (

b

) of sub-rule (26) of Rule 4 for the words “Rules 7, 16, 17, 18, 21 and 22 hereof” of the words “sub-rules (7), (16), (17), (18), (21) and (22)”;

(28) by the substitution in each of sub-rules (30) and (31) of Rule 4 for the words “For the purposes of Rule 29 hereof” of the words “For the purposes of sub-rule (29)”;

(29) by the substitution in sub-rule (30) of Rule 4 for the words “Rule 3 hereof” of the words “sub-rule (3)”;

(30) by the substitution for paragraph (

a

) of sub-rule (32) of Rule 4 of the following—

“(

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 sub-rule (29) shall be by affidavit.”;

(31) by the substitution for paragraph (

b

) of sub-rule (34) of Rule 4 of the following—

“(

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 sub-rule (16), if any.”;

(32) by the substitution in each of sub-rules (2), (9) and (12) of Rule 5 for the words “a health board” or “the health board” of the words “the Health Service Executive”;

(33) by the substitution in sub-rule (4) of Rule 5 for the words “Rule 9 hereof” of the words “sub-rule (8)”;

(34) by the substitution in each of sub-rules (5) and (6) of Rule 5 for the words “under Rule 3 of this Order” of the words “under sub-rule (3)”;

(35) by the substitution in each of sub-rules (7) and (8) of Rule 5 for the words “under Rule 3” of the words “under sub-rule (3)”;

(36) by the substitution in sub-rule (8) of Rule 5 for the words “twenty-one” of the word “eighteen”;

(37) by the substitution in sub-rule (8) of Rule 5 for the words “the provisions or Order 11 of these Rules” of the words “the provisions of Order 11”;

(38) by the substitution in each of sub-rules (8) and (9) of Rule 5 for the words “Rule 4 hereof” of the words “sub-rule (4)”, and

(39) by the substitution in sub-rule (12) of Rule 5 for the words “the 1996 Act” of the words “the Act”

and Order 59 as so amended is as set out in Schedule 1.

23. Order 61A of the Circuit Court Rules (inserted by the Circuit Court Rules (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) 2004 (S.I. 882 of 2004)) is amended by the substitution in Rule 1 and in Rule 2 for the words “Article 33 of Council Regulation (EC) No. 1347 /2000” of the words “Article 39 of Council Regulation (EC) No. 2201/2003”, and by the substitution in Rule 3 for the words “Article 33” of the words “Article 39”.

24. Order 63 of the Circuit Court Rules is amended by the substitution for Rule 1 of the following—

“1. (1) In this Order, “the Act” means the

Courts and Court Officers Act 1995

(No. 31 of 1995).

(2) An application by the prosecutor or an accused pursuant to section 32(1) of the Act for an order transferring the trial of a person charged with an indictable offence to the Circuit Court sitting within the Dublin Circuit shall, save where the Court otherwise directs or permits, be made by motion on notice to the accused or, as the case may be, the prosecutor.

(3) The Notice of Motion shall specify the grounds upon which such application is to be made and any facts relied on in the application shall be verified in an Affidavit sworn by or on behalf of the applicant.

(4) An application by the prosecutor pursuant to section 32(3) of the Act may be made ex parte at any time or place approved by the Judge concerned, by arrangement with the County Registrar.

(5) An Order made pursuant to section 32(1) of the Act shall specify the following—

(i) the Sitting of the Circuit Court within the Dublin Circuit to which the case has been transferred;

(ii) whether the accused is in custody or on bail;

(iii) the name and address of the accused’s Solicitor, if the accused is represented by a Solicitor.”

25. Order 63D of the Circuit Court Rules (inserted by the Circuit Court Rules (Equal Status Act 2000) 2004 (

S.I. No. 879 of 2004

)) is deleted.

26. Order 69 of the Circuit Court Rules is amended by the substitution in Rule 3 for the words “the form annexed hereto” of the words “Form 42 in the Schedule of Forms”.

27. The Circuit Court Rules (No. 4) (Restoration of Companies to the Register Pursuant to Section 12 of the Companies Act 1982 as inserted by Section 46 of the Companies (Amendment)(No. 2) Act 1999) 2003 (

S.I. No 615 of 2003

) are amended—

(1) by the deletion in paragraph 2 of the words “The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended. ORDER 53” and the number “1.”, and

(2) by the insertion therein as paragraph 3 of the following—

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 41.”, and

(3) by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 41”.

28. The Circuit Court Rules (No. 2) (Section 39, Criminal Justice Act 1994) 2004 (

S.I. No 448 of 2004

) are amended by the insertion therein as paragraph 3 of the following—

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 42.”

and by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 42”.

29. The Circuit Court Rules (Protection of Employees (Part Time Work) Act 2001) 2004 (

S.I. No 721 of 2004

) are amended by the insertion therein as paragraph 3 of the following—

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 36F.”

and by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 36F”.

30. The Circuit Court Rules (Equal Status Act 2000) 2004 (

S.I. No 879 of 2004

) are amended by the insertion therein as paragraph 3 of the following—

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 43.”

and by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 43”.

31. The Circuit Court Rules (European Arrest Warrant Act 2003) 2005 (

S.I. No 57 of 2005

) are amended by the insertion in paragraph 1 immediately following the words “the following Order” of the words “as Order 70”.

32. The Forms in Schedule 2, other than Forms 9A and 10A, shall be substituted for the Forms bearing the like numbers in the Schedule of Forms annexed to the Circuit Court Rules.

33. Form 9A in Schedule 2 shall be added to Schedule of Forms annexed to the Circuit Court Rules, immediately following Form 9. Form 10A in Schedule 2 shall be added to Schedule of Forms annexed to the Circuit Court Rules, immediately following Form 10.

34. Form 35C shall be deleted from the Schedule of Forms annexed to the Circuit Court Rules.

SCHEDULE 1 ORDER 59

FAMILY LAW

Rule 1 — Appointment of registered father as guardian

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

29

th June

, 2007.

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 6th day of March 2007.

Signed: MATTHEW DEERY.

(Chairman of the Circuit Court Rules Committee)

FERGAL FOLEY

GERARD J. DOHERTY

ANN SPAINE

NOEL RUBOTHAM

SUSAN RYAN (Secretary)

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

Dated this 22nd day of June 2007

Signed: BRIAN LENIHAN

Minister for Justice, Equality and Law Reform.

S.I. No. 312 of 2007

CIRCUIT COURT RULES (GENERAL) 2007