S.I. No. 367/2009 - District Court (Service In Member States of Judicial and Extra-judicial Documents In Civil Or Commercial Matters) Rules 2009

1. that the judgment given in the above-named proceedings at the sitting of the District Court held at ........ on the ...... day of ........................ 20 ...... is enforceable in this State, and

2. that on the .... day of .................... 20 ...... a copy of the said judgment was served by registered/insured post upon the defendant at the following address—

Dated this ... day of ............................ 20 ....

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

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

District Court Office at ..................................................................

IRELAND

*delete where inapplicable

SCHEDULE0.62, r. 12 (2)

No.62.5

ÉIRE

IRELAND

AN CHÚIRT DÚICHETHE DISTRICT COURT

District Court Area ofDistrict 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”).

*Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents).

*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, l988.

*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): € ...................

In addition to this last-named sum you are obliged to pay € ......... 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.

*delete where inapplicable

SCHEDULE CO.62.r.13

No. 62.7

ÉIRE

IRELAND

AN CHÚIRT DÚICHETHE DISTRICT COURT

District Court Area ofDistrict 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, l988.

And in the matter of

*Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents).

*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 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-named date of hearing, and post the other notice to the other party in the proceedings or to that partys 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

*delete where inapplicable

†state court which made order

†† give details of the order

SCHEDULE CO.62.r.15

No.62.8

ÉIRE

IRELAND

AN CHÚIRT DÚICHETHE DISTRICT COURT

District Court Area ofDistrict 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

*Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents).

*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 todayby 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

*delete where inapplicable

†state court which made order

EXPLANATORY NOTE

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

These Rules amend Order 11 and Order 62 on foot of Council Regulation (EC) No. 1393/2007 of 13 November 2007 which applies from November 2008 and which repeals Council Regulation (EC) No. 1348/2000.

3. that the defendant *(appeared) *(did not appear) at the hearing of the proceedings.

4. that the defendant *(was represented) *(was not represented) at the hearing of the proceedings.

5. that the Court assumed jurisdiction in the proceedings pursuant to the provisions of Article(s) ..................... of *(the Jurisdiction Regulation) *(the 1968 Convention) *(the Lugano Convention) above-named, on the grounds that—

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 € ............ from the ......... day of .................. 20...... until it is paid.

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

*delete where inapplicable

SCHEDULE C0.62. r.10 (2)

No.62.4

ÉIRE

IRELAND

AN CHÚIRT DÚICHETHE DISTRICT COURT

District Court Area ofDistrict 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”).

*Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents).

*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:—

S.I. No. 367 of 2009

DISTRICT COURT (SERVICE IN MEMBER STATES OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS) RULES 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

15

th September

, 2009.

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 34

of the

Courts (Supplemental Provisions) Act 1961

and

section 24

of the

Interpretation Act 2005

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

Dated this 22nd day of June of 2009.

Miriam Malone Chairperson

Uinsin Mac Gruairc

Thomas E O’Donnell

Brian Sheridan

Roy Pearson

Noel A Doherty

I concur in the making of the following rules of court.

Dated this 10th day of September 2009

DERMOT AHERN

Minister for Justice, Equality and Law Reform

S.I. No. 367 of 2009

DISTRICT COURT (SERVICE IN MEMBER STATES OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS) RULES 2009