S.I. No. 129/2010 - District Court (Enforcement of Court Orders) Rules 2010.

1. By an order for payment (the “instalment order”) dated the .. day of.20 made by the District Court sitting at................... for the District Court Area of...................................., District No. , the above-named Debtor was ordered to pay the sum of €. and the sum €.. for costs,

*(by instalments of € each, the first such instalment to be paid before or on the. day of 20. and each subsequent instalment to be paid ..thereafter)

*(in one payment to be paid before or on the. day of 20.);

2. Application was made by or on behalf of the Creditor for the issue of a summons under section 6(1) of the

Enforcement of Court Orders Act 1940

and such summons was issued and *came on *was re-listed for hearing today when both the Creditor and Debtor were present in court,

3. Both the Creditor and the Debtor being present in Court, before hearing their evidence, the Judge explained to the Debtor

(

a

) that the Debtor is entitled to apply to the Court for a certificate of legal aid under section 6A of the said Act of 1940, and

(

b

) the consequences, under section 6 of the said Act of 1940, which may follow a failure to comply with an instalment order or other order to which that section applies, and in particular the possibility of imprisonment,

4. The Court was satisfied that the original order was duly served upon the Debtor on the . day of 20.. and that the *summons *(notice of re-listing) was duly served upon the Debtor on the. day of 20.,

5. The Court was satisfied that the Debtor has failed to comply with said original order,

6. The Court was satisfied that there is now due and owing on foot of the original order the sum of €. being the amount of . instalments which have accrued due and are unpaid at the date of this order, together with the further sum of €, being the costs of the application under

section 6

of the

Enforcement of Court Orders Act 1940

, making in all the sum of €,

7. The Judge was satisfied, beyond reasonable doubt, on the evidence presented, that it had been established on behalf of the Creditor that—

(

a

) the failure to pay the sum in respect of which the Debtor has made default is not due to the Debtor’s mere inability to pay but is due to his or her wilful refusal or culpable neglect, and

(

b

) the Debtor has no goods which could be taken in execution under any process of the court by which the original order was made,

NOW IT IS HEREBY ORDERED under section 6(7)(

d

) of the said Act of 1940 that the said Debtor for his/her said default and failure to pay the said instalments be arrested and committed to prison at .. to be imprisoned for the period of . the date of his/her arrest unless he/she, or someone on his/her behalf, shall sooner pay to the District Court Clerk at to the Governor of the said prison for the said Clerk, or to the under-mentioned Superintendent of the Garda Síochána for said Clerk the above-mentioned sum of €, being the total amount of all instalments of the said debt and costs which have accrued before, and are unpaid at, the date of this Order, and the costs of this application.

Dated this day of .20

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

Judge of the District Court

Warrant in Form 53.14 to be added

*Delete where inapplicable

Schedule C O.53, r.8 (11)

53.14

Record number ..

ENFORCEMENT OF COURT ORDERS ACT 1940, SECTION 6

†WARRANT TO ENFORCE ORDER FOR ARREST AND IMPRISONMENT

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the

Debtor, the said

of

and to lodge him/her in the prison at

there to be imprisoned for a period of

pursuant to the above Order unless the said Debtor or someone on his/her behalf shall sooner pay to the District Court Clerk ator to you for the said Clerk or to the Governor of the said prison for the said Clerk the sum of €., being the amount of all instalments of the said debt and costs which have accrued before and are unpaid at the date of the above Order and a further sum of €.., being the costs of the above application, making in all the sum of €.. .

Dated this. day of 20

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

Judge of the District Court

To the Superintendent of the Garda Síochána,

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

and his/her assistants

†To be added to Form 53.12 in every case

*Delete where inapplicable

Schedule C O.53, r.8 (12)

53.15

Record Number..

ENFORCEMENT OF COURT ORDERS ACT 1940, SECTION 6(9)

NOTICE OF RE-ENTRY

District Court Area ofDistrict No.

Creditor

Debtor

You are required to attend at the sitting of the District Court to be held at........................................................................ on the..day of..20, at .a.m./p.m. on the re-entry of these proceedings.

The Debtor (in respect of whom an order has been made under section 6(7)(

c

) of the said Act fixing and postponing a term of imprisonment with a condition as to payment of the debt and costs by the Debtor) has applied pursuant to section 6(9) of the above-mentioned Act for such re-entry as he/she says his/her ability to comply with the terms of the said order has changed.

On the hearing, the Court may deal with the matter as if it was an application to have the instalment order made on the ..day of..20, in this matter by the District Court sitting in the said court area, varied as provided by section 5 of the said Act.

Dated this ..day of..20

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

District Court Clerk

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

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

the above-named Creditor

And......................................................

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

the above-named Debtor

*Delete where inapplicable

Schedule C O.53, r.8 (13)

53.16

Record Number..

ENFORCEMENT OF COURT ORDERS ACT 1940, SECTION 6(10)

NOTICE OF RE-ENTRY

District Court Area ofDistrict No.

Creditor

Debtor

You, the above-named Creditor, are required to attend at the sitting of the District Court to be held at....................... on the..day of..20, at .a.m./p.m. on the re-entry of these proceedings.

The Debtor (who has been imprisoned on foot of an order made under section 6(7) of the above-mentioned Act) has applied pursuant to section 6(10) of the above-mentioned Act for such re-entry as he/she says his/her ability to repay the outstanding debt and costs as specified in that order has changed. On the hearing, the Court shall deal with the matter as if it was a re-hearing of the summons issued under section 6(1) of the said Act on the non-compliance by the said Debtor with the instalment order made in this matter on the .day of..20, by the District Court sitting in said court area, varied as provided by section 5 of the said Act.

Dated this ..day of..20

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

District Court Clerk

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

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

the above-named Creditor

And.....................................................

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

the above-named Debtor

And to Governor of the prison

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

*Delete where inapplicable

Schedule C O.53, r.12

53.17

Record Number.

ENFORCEMENT OF COURT ORDERS ACTS 1926 TO 2009

CERTIFICATE OF PAYMENT

District Court Area ofDistrict No.

Creditor

Debtor

I hereby certify that there has been paid to me on behalf of......................................................now imprisoned in the prison at.................................................................................................. upon order of the District Court dated the. day of 20 the sum of €., being the full amount specified in the said Order.

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

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

District Court Clerk

To the Governor of ........................... Prison

and to ...............................................................

*Creditor/*Solicitor for Creditor

*Delete where inapplicable

Schedule C O.53, r.13

53.18

Record Number

ENFORCEMENT OF COURT ORDERS ACT 1926, SECTION 16(2)

ORDER FOR ARREST AND IMPRISONMENT

District Court Area ofDistrict No.

Creditor

Debtor

The Debtor having been duly served with summons dated . day of 20, and having, in compliance with the said summons, lodged with the Clerk of the District Court at ............................................................................. a statement of his/her means.

AND the Court being satisfied, upon evidence produced before it this day, that the said statement of means so lodged, is false to the knowledge of the Debtor in certain material particulars, namely

has ordered that the said Debtor of.............................................................. be arrested and imprisoned in the prison atfor a period of...........................................................

THIS IS TO COMMAND you, to whom this warrant is addressed, to arrest the said Debtor and lodge him/her in prison at......................................................there to be imprisoned for a period of .

Dated this . day of 20

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

Judge of the District Court

To the Superintendent of the Garda Síochána

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

and his/her assistants.

GIVEN under my Official Seal,

25 March 2010

EXPLANATORY NOTE

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

These rules amend Order 53 prescribing forms and procedure in respect of

section 6

of the

Enforcement of Court Orders Act 1940

as amended by the Enforcement of Court Orders Act (Amendment) 2009.

8. (1) Whenever a creditor wishes to apply for a summons pursuant to section 6(1) of the Act of 1940 (as substituted by section 2 of the Act of 2009), that creditor or the solicitor for that creditor shall prepare and lodge with the Clerk a summons in duplicate in the Form 53.8 Schedule C and a statutory declaration in the Form 53.9 Schedule C. The Clerk shall list the matter for hearing and, having completed and signed the original and copy summons, shall issue that summons to the creditor or solicitor for the creditor for service upon the debtor.

(2) A summons issued pursuant to section 6(1) of the Act of 1940 shall be served personally upon the debtor (unless the Judge of the District Court directs service otherwise) at least fourteen days before the date of sitting of the Court at which the debtor is directed to appear.

(3) An application for a direction pursuant to section 6(2)(

e

) of the Act of 1940 that a summons issued pursuant to section 6(1) of the Act of 1940 be served on the debtor otherwise than by personal service may be made

ex parte

to the Judge at any sitting of the Court, and where such a direction is given, that summons may, notwithstanding sub-rule (2), be served in accordance with that direction.

(4) When service has been effected, the original of the summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of sitting of the Court.

(5) A warrant issued for the arrest of a debtor who has failed to appear before the District Court without reasonable excuse, pursuant to section 6(3)(

a

) of the Act of 1940 shall be in the Form 53.10 Schedule C.

(6) Unless otherwise directed by the Judge, a notification pursuant to section 6(3)(

b

) of the Act of 1940 to the debtor of a new date fixed for a hearing at which the debtor is required to attend shall be by notice in writing served personally on the debtor and a copy of that notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the new date fixed for the hearing.

(7) Where the Judge, in accordance with section 6(7)(

a

) of the Act of 1940, treats the hearing of summons issued pursuant to section 6(1) of the Act of 1940 as an application under section 5 of that Act, an order of the Court for a variation of the instalment order shall be in the Form 53.7 Schedule C.

(8) Where the Judge, in accordance with section 6(7)(

b

) of the Act of 1940, requests the creditor and the debtor to seek resolution by mediation within such period as the Judge may specify, the Judge shall adjourn the proceedings generally with liberty to re-enter them. Where the creditor wishes to re-enter the proceedings, he shall apply in writing to the Clerk for re-entry, certifying in that application that mediation has failed to achieve a resolution. The Clerk shall re-list the proceedings for hearing and shall send notice of the re-listing in the Form 53.11 Schedule C to the debtor, to any solicitor who appeared for debtor on the initial hearing of the summons, and to the creditor, by ordinary post. The creditor is at liberty to effect further service of a copy of the notice on the debtor in accordance with sub-rule (2).

(9) Where the Judge, being satisfied of the due service upon the debtor of the instalment order, and that the debtor has failed to comply with such order, is also satisfied, beyond reasonable doubt, on the evidence presented, that the creditor has established that—

(

a

) the failure to pay the sum in respect of which the debtor has made default is not due to the debtor’s mere inability to pay but is due to his or her wilful refusal or culpable neglect, and

(

b

) the debtor has no goods which could be taken in execution under any process of the court by which the judgment, order or decree for the debt was given,

and makes an order under section 6(7)(

c

) or section 6(7)(

d

) of the Act of 1940, that order shall be in the Form 53.12 or 53.13 Schedule C, as appropriate.

(10) Where an order is made under section 6(7)(

c

) of the Act of 1940 any failure by the debtor to comply with a condition of postponement may be proved by statutory declaration of the creditor lodged with the Clerk, and a warrant may issue on lodgment of such proof but the Clerk may, in any case, re-enter the matter before the Court.

(11) A warrant to enforce an order for arrest and imprisonment pursuant to section 6(7) of the Act of 1940 shall be in the Form 53.14 Schedule C and may be added to the form of an order under section 6(7)(

c

) or section 6(7)(

d

) of that Act.

(12) Where a debtor wishes to apply to the Court under section 6(9) of the Act of 1940, he or she shall apply to the Clerk for re-entry of the matter. The Clerk shall re-list the matter for hearing and shall send notice of the re-listing in the Form 53.15 Schedule C to the creditor and to the debtor, by ordinary post. An order of the Court on the hearing of the matter as re-listed for a variation of the instalment order shall be in the Form 53.7 Schedule C.

(13) Where a debtor wishes to apply to the Court under section 6(10) of the Act of 1940, he or she shall apply to the Clerk for re-entry of the matter. The Clerk shall re-list the matter for hearing and shall notify the creditor, the debtor and the Governor of the prison in which the debtor is imprisoned of the re-listing of the matter in the Form 53.16 Schedule C by ordinary post and such other means as he considers appropriate.

(14) No order under sub-rule (9) shall be made against a debtor who is a member of the permanent Defence Forces or a reservist for the time being called out on permanent service.

Where appeal is lodged, warrant not to issue.

9. (1) Where a notice of appeal against an order for arrest and imprisonment pursuant to section 6(7) of the Act of 1940 has been lodged and a recognisance (if required) has been entered into and the warrant to enforce the order has not been issued, such warrant shall not be issued until the appeal has been decided or the appellant has failed to perform the conditions of the recognisance, as the case may be.

Where issued, Clerk to secure its return.

(2) Where such warrant has been issued but not executed when a notice of appeal is lodged, the Clerk shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed that a notice of appeal has been lodged (and that a recognisance has been entered into, if that be the case) and shall request the Superintendent to return the warrant for cancellation by the Court.

Where amount due is paid to him or her, Clerk to secure return of warrant.

10. Where a warrant to enforce an order for arrest and imprisonment pursuant to section 6(7) of the Act of 1940 has been issued but not executed and the amount of the arrears of instalments and costs specified in the said order is paid to the Clerk, he or she shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed that such payment has been made and shall request the Superintendent to return the warrant for cancellation by the Court.

Notice by Governor to Clerk.

11. The Governor of the prison in which the debtor is imprisoned by virtue of a warrant under rule 8(11) of this Order shall forthwith, upon the reception in the prison of the debtor, give notice in writing of such reception to the Clerk specified in the warrant.

Where debtor is in custody and Clerk receives payment, Clerk to notify the Governor, etc.

12. Where, subsequent to the arrest and imprisonment of a debtor under section 6(7) of the Act of 1940, the amount of the arrears of instalments and costs specified in the order for arrest and imprisonment is paid to the Clerk, he or she shall give a certificate of payment in the Form 53.17 Schedule C to the person making the payment on behalf of the debtor and shall forthwith forward a similar certificate to the Governor of the prison in which the debtor is imprisoned and to the creditor or solicitor for the creditor.

Where statement of means is false.

13. An order for arrest and imprisonment made pursuant to section 16(2) of the Act of 1926 shall be in accordance with Form 53.18 Schedule C.

Warrants — provisions of O.26 to apply.

14. The provisions contained in Order 26 of these Rules (relating to warrants in criminal proceedings) shall apply to warrants issued under this Order.

Registration of decrees in the Central Office.

15. (1) Any decree of the District Court may be registered in the Central Office of the High Court in like manner as a similar judgment of the High Court may be registered in that Office.

(2) The practice and procedure in use in the said Central Office in relation to the registration of judgments of the High Court shall apply to and be followed in relation to the registration (under

section 25

of the

Courts Act 1981

) of decrees of the District Court.

Application of this Order to PIAB orders to pay and other orders.

16. (1) The provisions of these Rules which relate to the enforcement of any judgment of a court shall apply, with any necessary modifications, to any order to pay issued by the Personal Injuries Assessment Board pursuant to section 38(1) of the

Personal Injuries Assessment Board Act 2003

and any Form in Schedule C to these Rules which contains a reference to a judgment may be adapted to refer to such an order to pay.

(2) The provisions of this Order which relate to the enforcement of any judgment of a court shall apply, where and to the extent so provided by these Rules, to a judgment or other instrument issued by a court in a Member State of the European Union other than the State.”

Schedule C O.53, r.3 (1)

SCHEDULE 2

53.1

Record Number.

ENFORCEMENT OF COURT ORDERS ACT 1926, SECTION 15(1)

SUMMONS FOR ATTENDANCE OF DEBTOR

District Court Area ofDistrict No.

To: Debtor

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

Application by Creditor

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

If you fail to attend in the District Court at the place and on the date given below at the time stated, an instalment order may be made in your absence. If you fail to deliver your completed Statement of Means as required below, an instalment order may be made. Failure to make a payment due under an instalment order may result in a further summons being issued against you, which may lead to your being arrested and imprisoned for a period of up to three months.

YOU ARE REQUIRED BY THIS SUMMONS to attend at the District Court at............. on the... day of.. 20.. at.. a.m./p.m. to be examined as to your means.

YOU ARE ALSO REQUIRED BY THIS SUMMONS at least one week before that date to complete the Statement of Means attached to this summons, detach it and lodge the completed Statement of Means, by delivering or sending it to the Clerk of the District Court at the address shown on the Statement of Means.

The creditor claims that by an Order of the.................. Court dated the day of.20.., it was ordered that the creditor recover against you, the debtor, the total sum of €,(debt) and the sum of €. for costs and expenses, together with interest at the rate of..% per annum on the *(debt)*(debt and costs and expenses) until satisfied.

The creditor also claims that the Order has not been complied with and that there is now due and owing by you the debtor to the creditor on foot of that Order the total sum of €.

Dated this . day of..20.

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

Clerk of the District Court

* Delete where inapplicable

........................................ detach here ........................................................

(Statement of Means in Form No. 53.3 to be added)

Schedule C O.53, r.3 (1)

53.2

ENFORCEMENT OF COURT ORDERS ACT 1926, SECTION 15(2)

STATUTORY DECLARATION TO ACCOMPANY APPLICATION FOR SUMMONS

District Court Area ofDistrict No.

Creditor

of

and

Debtor

of

I,....................................... of

do solemnly and sincerely declare

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

30

th March

, 2010.

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 14th day of December 2009.

Miriam MaloneChairperson

Uinsin Mac Gruairc

Mary C Devins

Thomas E O’Donnell

Brian Sheridan

Shalom Binchy

Roy Pearson

Noel A Doherty

Michelle Johnston

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

Dated this 25th day of March 2010.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

S.I. No. 129 of 2010

DISTRICT COURT (ENFORCEMENT OF COURT ORDERS) RULES 2010