S.I. No. 325/2010 - District Court (Enforcement of Maintenance Orders) Rules 2010.

1. You,................................................... of(hereinafter referred to as the Maintenance Debtor) were today before a sitting of the District Court at................................................... (in the court area and district aforesaid), on foot of a warrant issued under

section 8

of the

Enforcement of Court Orders Act 1940

and the Judge

*after hearing the applicant and you the Maintenance Debtor and the evidence (if any) as each respectively adduced,

treated the application under

section 8

of the

Enforcement of Court Orders Act 1940

as an application for a summons under

section 6

of the

Enforcement of Court Orders Act 1940

and directed that a summons be issued for service on you;

2. A maintenance order was made on the . day of .20. by ‡........., under which you, the above-named Maintenance Debtor now residing at ................................................... in the court area and district aforesaid was ordered to pay the weekly sum of €.......... †(together with the sum of €.......... for costs and expenses) to ...................................... of .............................................. (hereinafter referred to as the Maintenance Creditor);

3. The Master of the High Court on the . day of .20., made an enforcement order in respect of that maintenance order;

*4. Proof has been given that particulars of the said maintenance order and enforcement order was duly served on you the Maintenance Debtor of.;

4. The District Court Clerk for the above court area, being the person to whom, pursuant to

section 9

of the

Family Law (Maintenance of Spouses and Children) Act 1976

, payments under the said order are to be made and the person authorised to take these proceedings, was by notice dated the.. day of 20., requested in writing by the Maintenance Creditor to take such steps as he/she considers reasonable to recover the sums in arrear as set out below;

5. The District Court Clerk for the above court area, being the person to whom, pursuant to †(section 14(8) of the

Maintenance Orders Act 1974

), †(section 7(7) of the

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988

), payments under the said order are to be made and the person authorised to take these proceedings, was by letter dated the.. day of 20., requested in writing by the Maintenance Creditor to make application under

section 8

of the

Enforcement of Court Orders Act 1940

in respect of the sums in arrear as set out below;

6. It is claimed that you the Maintenance Debtor have not complied with the said maintenance order as ordered to be enforced by the said enforcement order and that there is now in arrear in respect of same the sum of €, being the amount of................ weekly payments, which have become due and payable †(within the six months immediately preceding the (*)...................) †(together with the sum of € for costs and expenses making in all the sum of €),

YOU ARE REQUIRED to attend at the sitting of the District Court to be held at................. on the day of20. at a.m./p.m. on the hearing of this summons.

At that hearing, having listened to the District Court Clerk, the Maintenance Creditor (if in attendance) and to you the Court may

(1)request that the Maintenance Creditor and you seek to resolve the dispute by mediation, which is a process which involves a neutral party attempting to help the Maintenance Creditor and you to reach a settlement or compromise;

or, if satisfied, beyond reasonable doubt, on the evidence presented, that it has been established that the failure to pay the sum in respect of which you have made default is not due to your mere inability to pay but is due to your wilful refusal or culpable neglect, and that you have no goods which could be taken in execution under process of the court which made the maintenance order

(2)make an order for your imprisonment for a period not exceeding 3 months, but with the imprisonment postponed provided you comply with conditions set out by the Court, or

(3)make an order for your imprisonment for a period not exceeding 3 months, to take effect immediately.

Dated this day of20.

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

District Court Clerk

To.

of

the above-named Maintenance Debtor

Note: The District Court cannot vary the maintenance order: any application to vary the maintenance order must be made to the Court which made that order.

(*) Insert date of information on foot of which summons is issued.

†Delete where applicable

‡State Court which made order

No. 57.13

Schedule CO.57, r.9

ENFORCEMENT OF COURT ORDERS ACT 1940, Section 8(2)

RECOGNISANCE

District Court Area of District No.

Maintenance Creditor

Maintenance Debtor

We.................................................... of a................................................................., of.............................................................. a and........................................................... ofa................................................................ severally acknowledge ourselves to owe to the State the several sums following, that is to say: the said..................................................................... the sum of....................... euros, andthe said...................................................................... andthe sum of.................. euros each, to the use of the Minister for Finance, if the said.........................................fail in the condition hereunder.

Principal Party

Surety

Surety

ACKNOWLEDGED before me this day of. 20.

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

Judge of the District Court

(or)

Peace Commissioner

The condition of the above-written recognisance is such that whereas by order dated the day of. 20. and made by the District Court, it was directed that the sum of €.. be levied by distress and sale of goods of the said............................................... and the said Court has required the said...................................................................................... to enter into this recognisance to appear before the said Court on the day of. 20. if the said sum of €.. be not previously discharged in full either as a result of such levy as aforesaid or otherwise, if, therefore the said..................................will appear and attend in person before the District Court to be held at.............................................on the day of. 20., if the said amount of €be not previously discharged in full either as a result of such levy as aforesaid or otherwise, and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held, or any adjournment thereof, then the said recognisance to be void, or else to stand in full force and effect.

I certify that the principal party herein has not performed the above condition of this recognisance.

Dated this day of. 20.

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

Judge of the District Court

The Court hereby orders that this recognisance be estreated as follows — that the sum of €..................... be levied off the goods of the said principal party and the sum of €.................... off the goods of each of the said sureties,..................................................... and

Dated this day of. 20.

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

Judge of the District Court

No. 57.14

Schedule CO.57, r.9

ENFORCEMENT OF COURT ORDERS ACT 1940, Section 8(2)

WARRANT OF DETENTION

District Court Area of District No.

Maintenance Creditor

Maintenance Debtor

WHEREAS

the above named Maintenance Debtor of................................................................ was this day before a sitting of the District Court at........................................... in court area and district aforesaid, on foot of a warrant reciting that:—

By †maintenance/†variation/†interim order dated day of. 20., made by the ‡................................Court at.................................................................... the Maintenance Debtor, of, was ordered to pay to, the above named Maintenance Creditor, the (weekly sum of €............ for her/his support) †(and) †(the weekly sum of €............ for the support of.............. dependent children (of the family) †(together with the sum of €............ for costs and expenses)

AND WHEREAS the Court is satisfied on the evidence adduced that, of the said weekly payments which have become due and payable by virtue of the said order †(within the six months immediately preceding the (*).................), the sum of €............ †(together with the sum of €............ for costs and expenses, making in all the sum of €............) has not been duly paid;

*AND HAVING HEARD the applicant and the Maintenance Debtor and such evidence as they respectively adduced;

AND WHEREAS the Court directed that the said sum of €.......... †(together with the sum of €.......... costs of the said application) be levied by distress and sale of the goods of the Maintenance Debtor, and further did require the Maintenance Debtor to enter into a recognisance, himself/herself in €.......... with two sureties in €.......... each, to appear before me sitting at the District Court at aforesaid on the........ day of..............20.. at a.m./p.m or any adjournment thereof unless the said sum of €.......... †(and €..........costs) should previously have been discharged in full either as a result of such levy or otherwise,

AND WHEREAS the Maintenance Debtor, on being so required to enter into such recognisance, had not complied with such requirement,

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to lodge the Maintenance Debtor, the said in the prison at....................................................................................................... there to be detained by the Governor of the said prison until the said........ day of..............20.. when the Governor shall have him/her at the District Court at aforesaid at the said hour unless the Maintenance Debtor be previously released from custody in pursuance of the provisions of the

Enforcement of Court Orders Act 1940

.

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

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

Judge of the District Court

To the Superintendent of the Garda Síochána

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

and his/her assistants.

And to Governor of the prison

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

Enforcement of Court Orders Act 1940, section 8(2)(c)

“if while the defaulter is so in custody either:—

(i)

he enters into a recognisance before a Peace Commissioner, with sureties to the satisfaction of such Peace Commissioner to appear before such Judge on the said specified day if the said amount is not previously discharged as a result of such levy or otherwise, or

(ii)

the said amount is discharged in full either as a result of such levy or otherwise

the defaulter shall be released from custody forthwith:”

(*) Insert date of information on foot of which warrant was issued.

†Delete where inapplicable

‡State Court which made order

62.5

SCHEDULE C0.62. r. 12(2)

ÉIRE

IRELAND

AN CHUIRT DUICHE THE DISTRICT COURT

District Court Area of District No.

In the matter of

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

*Council Regulation (EC) No. 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), and repealing Council Regulation (EC) No 1348/2000.

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

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

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

Section 9(9)(

a

) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998.

To

of .

Maintenance debtor

ENDORSEMENT

This notice is issued to you as maintenance debtor, by the District Court. If you the maintenance debtor fail to make a payment due under the enforceable maintenance order details of which are given below, a summons may be issued against you to attend before the District Court, or a warrant issued for you to be arrested and brought before the District Court which may lead to your being imprisoned for a period of up to three months.

If you are concerned that you may not be able to comply with the terms of the enforceable maintenance order, you should consult a lawyer practising in the country or region where the enforceable maintenance order was made. The District Court cannot vary the terms of the enforceable maintenance order.

Under section 9(13) of the above-named Act of 1998 as so applied you are required to notify the District Court Clerk named below 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.

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 (euro) 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

*delete where inapplicable

‡State Court which made order

EXPLANATORY NOTE

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

These rules amend Orders 54, 57 and 62 of the District Court Rules to facilitate the operation of

section 8

of the

Enforcement of Court Orders Act 1940

as amended by the

Enforcement of Court Orders (Amendment) Act 2009

.

7. A recognisance under section 8(2) of the Act of 1940 shall be in accordance with Form 57.13 Schedule C. A warrant of detention on refusing to enter into a recognisance shall be in accordance with Form 57.14 Schedule C.

Clerk to tender evidence

8. On the hearing of an application under section 8(1) of the Act of 1940 (including the hearing of such an application treated as an application under section 6 of that Act) the Clerk to whom payments under the maintenance order, variation order, interim order or enforceable maintenance order are payable shall, without prejudice to any other evidence which may be required on that hearing, tender as evidence—

(

a

) the maintenance order, variation order, interim order, (as the case may be) and in the case of an enforceable maintenance order a copy of the maintenance order,

(

b

) the request in writing received by the Clerk from the maintenance creditor,

(

c

) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and

(

d

) any other relevant document.

The Clerk shall also prove the amount of arrears due.

Provisions regarding warrants to apply

9. The provisions contained in Order 26 regarding warrants shall apply to warrants issued under this Order with the proviso that warrants of distress shall be addressed to and executed by the several Sheriffs and County Registrars.”

SCHEDULE 2

55.1

Schedule C 0.55, r. 2(1)(b)

MAINTENANCE ORDERS ACT 1974, Section 14(8)(a)

NOTICE THAT PAYMENTS HAVE BECOME PAYABLE TO THE DISTRICT COURT CLERK FOR TRANSMISSION TO MAINTENANCE CREDITOR

To

of

Maintenance Debtor

ENDORSEMENT

This notice is issued to you as maintenance debtor, by the District Court. If you the maintenance debtor fail to make a payment due under the enforceable maintenance order details of which are given below, a summons may be issued against you to attend before the District Court, or a warrant issued for you to be arrested and brought before the District Court which may lead to your being imprisoned for a period of up to three months.

If you are concerned that you may not be able to comply with the terms of the enforceable maintenance order, you should consult a lawyer practising in the country or region where the enforceable maintenance order was made.

The District Court cannot vary the terms of the enforceable maintenance order.

Under section 14(9) of the above-named Act of 1974 you are required to notify the District Court Clerk named below of any change in your address. Failure, without reasonable cause, to do so is an offence punishable on summary conviction by a fine.

District Court Area of District No.

of

Maintenance Creditor

of

Maintenance Debtor

You are hereby given notice that the sums, particulars of which are set out below, payable by you under a maintenance order made on the.. day of.. 20., by ‡. and in respect of which an enforcement order was made by the Master of the High Court on the.. day of.... 20., have pursuant to section 14(8)(a) of the above Act become payable to the District Court Clerk for the above 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 (euro) 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 ......................................................................

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

PARTICULARS OF SUMS DUE

(Set out the details)

Total amount due 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

*delete where inapplicable

‡State Court which made order

57.1

Schedule CO.57, r.3

ENFORCEMENT OF COURT ORDERS ACT 1940, section 8

(as amended by Enforcement of Court Orders (Amendment) Act 2009, section 2)

INFORMATION

District Court Area ofDistrict No.

Maintenance Creditor

Maintenance Debtor

The information of

of

who says on oath

By *maintenance/*variation/*interim order dated the.. day of .. 20. made at the sitting of the District Court at.............................................................. the above-named Maintenance Debtor ofwas ordered to pay to me the Maintenance Creditor of...........................................*(the weekly sum of €..for my support) *(and) *(the weekly sum of €.. for the support of ... dependent children) *(of the family) *(together with the sum of €......................................... for costs and expenses).

The payments directed to be made by that order have not been duly made according thereto and there is now in arrear in respect of the same the sum of €.. being the amount of................ weekly payments which have become due and payable *(within the six months immediately preceding the date of this information) *(together with the sum of €............................for costs and expenses making in all the sum of €............................).

I therefore apply for a warrant for the arrest of the said...........................................to be brought before the District Court in accordance with section 8 of the said Act.

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

Informant

SWORN before me this. day of. 20..

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

Judge of the District Court

*Delete where inapplicable

57.2

Schedule CO.57, r.3

ENFORCEMENT OF COURT ORDERS ACT 1940, section 8

(as amended by Enforcement of Court Orders (Amendment) Act 2009, section 2)

INFORMATION

District Court Area of District No.

Maintenance Creditor

Maintenance Debtor

The information ofof............................................................................... who says on oath:—

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th July

, 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 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 1st day of July 2010.

DERMOT AHERN,

Minister for Justice and Law Reform.

S.I. No. 325 of 2010

DISTRICT COURT (ENFORCEMENT OF MAINTENANCE ORDERS) RULES 2010