S.I. No. 17/2014 - District Court (Civil Procedure) Rules 2014.

1. Before which court/tribunal are you making your claim?

1.1 Name: .............. District Court ..............

1.2 Street and number/PO Box: ..............

1.3 City and postal code: ..............

1.4 Country: .............. Ireland ..............

2. Claimant

This field must identify you as the claimant and your representative, if any. Please note that it is not mandatory to be represented by a lawyer or another legal professional.

It may not be sufficient in some countries to give only a PO Box as the address and you should therefore include the street name and number with a postcode. Failure to do so may result in the document not being served.

‘Other details’ may contain information that helps to identify you, for example, your date of birth, occupation, position in the company, personal ID code and the company registry code in certain Member States.

Where there is more than one claimant, please use additional sheets.

2.

The claimant’s details

2.1 Surname, first name/name of company or organisation: ..............

2.2 Street and number/PO Box: ..............

2.3 City and postal code: ..............

2.4 Country: ..............

2.5 Telephone (*): ..............

2.6 E-mail (*): ..............

2.7 Claimant’s representative, if any, and contact details (*): ..............

2.8 Other details (*): ..............

3. Defendant

In this field you should identify the defendant and, if known, his representative. Please note that it is not mandatory for the defendant to be represented by a lawyer or another legal professional.

It may not be sufficient in some countries to give only a P.O. Box as the address and therefore you should include the street name and number with a postcode. Failure to do so may result in the document not being served.

‘Other details’ may contain information that helps to identify the person, for example the date of birth, occupation, position in the company, personal ID code and company registry code in certain Member States. If there is more than one defendant, please use additional sheets.

3.

The defendant’s details

3.1 Surname, first name/name of company or organisation: ..............

3.2 Street and number/PO box: ..............3.3 City and postal code: ..............

3.4 Country: ..............

3.5 Telephone (*): ..............

3.6 E-mail (*): ..............

3.7 Defendant’s representative, if known and contact details ..............

3.8 Other details (*): ..............

4. Jurisdiction

Your application must be lodged with the court/tribunal that has jurisdiction to deal with it. The court/ tribunal must have jurisdiction in accordance with the rules of Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

This section includes a non-exhaustive list of possible grounds for jurisdiction.

Information on the rules of jurisdiction can be found on the web-site of the European Judicial Atlas at http://ec.europa.eu/justice-home/judicialatlascivil/html/index-en.htm.

You can also look at http://ec.europa.eu/civiljustice/glossary/glossary-en.htm for an explanation of some of the legal terms employed.

4.

On what ground do you consider the court/tribunal to have jurisdiction?

4.1 Domicile of the defendant

4.2 Domicile of the consumer

4.3 Domicile of the policyholder, the insured or the beneficiary in insurance matters

4.4 Place of performance of the obligation in question

4.5 Place of the harmful event

4.6 Place where the immovable property is situated

4.7 Choice of court/tribunal agreed by the parties

4.8 Other (please specify)

(*) Optional

5. Cross-border nature of the case

In order to make use of the European Small Claims Procedure, your case must be of a cross-border nature. A case is of a cross-border nature if at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court/tribunal.

5.

Cross-border nature of the case

5.1 Country of domicile or habitual residence of claimant: ..............

5.2 Country of domicile or habitual residence of defendant: ..............

5.3 Member State of the court/tribunal:..............

6. Bank details (optional)

In field 6.1 you may inform the court/tribunal by which means you intend to pay the application fee. Please note that not all methods are necessarily available at the court/tribunal to which you are sending your application. You should verify which methods of payment will be accepted by the court/tribunal. You can do this by contacting the court/tribunal concerned or by consulting the web-site of the European Judicial Network in Civil and Commercial Matters at http://eceuropa.eu/civiljustice.

If you choose to pay by credit card or to allow the court/tribunal to collect the fee from your bank account, you should give the necessary credit card or bank account details in the Appendix to this form. The Appendix will be for the information of the court/tribunal only and will not be forwarded to the defendant.

In field 6.2 you are given the possibility of indicating by which means you wish to receive payment from the defendant, for example if the defendant wishes to pay immediately even before the judgment is given, if you wish to be paid by bank transfer, please give the necessary bank details.

6.

Bank details

(*) 6.1 How will you pay the application fee?

6.1.1 By bank transfer

6.1.2 By credit card (please fill in the Appendix)

6.1.3 Direct debit from your bank account (please fill in the Appendix)

6.1.4 Other (please specify):..............

6.2 To which account do you wish the defendant to pay

any

amount claimed or awarded?

6.2.1 Account holder:..............

6.2.2 Bank name, BIC or other relevant bank code..............

6.2.3 Account number/IBAN:..............

7. 3 Are you claiming the costs of proceedings-

7.3.1 Yes

7.3.2 No

7.3.3 If yes, please specify which costs and indicate the amount claimed or incurred so far

7.4 Are you claiming interest-

Yes

No

if yes, is the interest

Contractual? if so, go to 7.4.1

Statutory? If so, go to 7.4.2

7.4.1 If contractual

(1) the rate is: .........................%

.........................% above the base rate of the ECB

other:........................................

(2) the interest should run from:.............. /............... /............ (date)

7.4.2 If statutory

the interest should run from:........... /.............. /............... (date)

8. 3. Do you want an oral hearing to be held?

Yes No If yes, please indicate reasons (*)

9. CertificateI ask the court/tribunal to issue a certificate concerning the judgmentYes No

10. Date and signature

Please make sure that you write your name clearly and sign and date your application at the end.

I hereby request that the court/tribunal give a judgment against the defendant on the basis of my claim.I declare that the information provided is true to the best of my knowledge and is given in good faith.Done at:..................................................Date:.......... /.........../.............Name and signature

(*) Optional

Appendix to the claim form (Form A)

Bank details (*) for the purposes of payment of the application fee

Account holder/credit card holder: ..............Bank name, BIC or other relevant bank code/credit card company: ..............Account number of IBAN/credit card number, expiry date and security number of the credit card:..............

(*) Optional

53B.02

European Small Claims Procedure: notice of motion for refusal, stay or limitation of enforcement

(Article 22 or 23 of Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure)

Schedule C

Order 53B r. 17

District Court Area of District No.

Case number

.............. Applicant

.............. Claimant

NOTICE OF MOTION

Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure

TAKE NOTICE that the above applicant of..........................in the above Court *(area and) district intends to apply to the District Court at.................. on the ...... day of .................... 20... (the “return date”) at ......a.m./p.m. for an order

*under Article 22 of the above-mentioned Regulation refusing enforcement in the State of a judgment in a European Small Claim by the claimant against the applicant given by the ....................................... court/tribunal of ................................. on the ...... day of .................... 20...

*under Article 23 of the above-mentioned Regulation, limiting to protective measures

*under Article 23 of the above-mentioned Regulation making conditional on the provision of such security as the Court may determine

*under Article 23 of the above-mentioned Regulation staying

enforcement in the State of a judgment in a European Small Claim by the claimant against the applicant given by the ........................................ court/tribunal of .................................................. on the ...... day of .................... 20...

A. The grounds for the application are as follows: ..............

.............. [

set out in summary the grounds of the application

].

B. Particular legal provisions relied on in the application..............

.............. [

identify any particular legal provisions relied on in the application

].

LIST OF CORRESPONDENCE BETWEEN THE PARTIES RELEVANT TO THE SUBJECT MATTER OF THE MOTION, COPIES OF WHICH ARE ATTACHED

Document

Date

Description

1

e.g. letter

1 September 2013

Letter from the claimant to the respondent

2

e.g. letter

10 September 2013

Letter from the respondent to the claimant

Etc

*This application will be supported by the affidavit of ..........................................sworn on the ...... day of .................... 20...

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

*(Solicitor for the) Applicant

And to .............. claimant of ..............

And to: District Court Clerk at ..............

This notice of motion was filed at..................................................on the ...... day of .................... 20... with .......................................................the District Court Clerk assigned to the above Court area and district and issued returnable to the return date given above.

*Delete where inapplicable

EXPLANATORY NOTE

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

These rules amend the District Court Rules to provide a revised civil procedure in that Court and to facilitate the increase in the monetary jurisdiction of the District Court provided for in Part 3 of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

(No. 32 of 2013).

11. According to the law of the Contracting State Authority, the measure is enforceable.

*12.The above-named applicant is entitled to request *recognition/*non-recognition of the measure *and that the measure be declared enforceable or registered for the purpose of enforcement in the State because ..............

TAKE NOTICE that the above applicant will apply to the District Court sitting at ....................................................... on the ...... day of .................... 20.... at ............ a.m./p.m.

* to decide on the recognition of the said measure taken by the Contracting State Authority pursuant to Article 24 of the said Convention

* to decide on the non-recognition of the said measure taken by the Contracting State Authority pursuant to Article 24 of the said Convention

*to declare the said measure enforceable in the State pursuant to Article 26 of the said Convention and/or that the said measure be registered for the purpose of enforcement in the State.

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

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

(for) Applicant

To: District Court Clerk at .

*To:of:(Respondent)

This notice of application has been filed with the District Court Clerk at ............. and issued to the above return date on the ...... day of .................... 20....

*Delete where inapplicable

†repeat as necessary for each further child or person concerned

41B.18

Protection of Children (Hague Convention) Act 2000: Notice of Application to vary or revoke an order

Schedule C

O.41B.r.50

Protection of Children (Hague Convention) Act 2000

Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at the Hague on the 19th day of October 1996 (the “Convention”), Article 24 *Article 26

NOTICE OF APPLICATION TO *SET ASIDE *DISCHARGE ORDER

District Court Area of District No.

.............. Applicant

.................. of .......................... (in the said District Court District) Respondent*

Record number

WHEREAS an order was made by the District Court sitting at ....... on the ...... day of .................... 20.... deciding that a measure (within the meaning of the Convention) taken by an authority in the contracting State of ................... and a copy *(and certified translation thereof) of which is annexed to this notice of application

*be recognised *not be recognised in the State

*declaring the said measure enforceable in the State

TAKE NOTICE that the *applicant *respondent of .............. will apply at the sitting of the District Court to be held at ........... on the ...... day of .................... 20.... at...... a.m./p.m. (the “

return date

”) to have the order *SET ASIDE *DISCHARGED on the following grounds—

.........

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

Signed: ..........................................*(Solicitor for)*applicant/*respondent

To: District Court Clerk at...................................

To............................. *applicant/*respondent of..................................

This notice of application has been filed with the District Court Clerk at ............................... and issued to the above return date on the ...... day of .................... 20....

*Delete where inapplicable

41B.19

Protection of Children (Hague Convention) Act 2000: Certificate

Schedule C

O.41B.r.51

Protection of Children (Hague Convention) Act 2000, section 6

Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at The Hague on the 19th day of October 1996 (the “Convention”)

District Court Area of District No.

[Title of proceedings before the Court]

CERTIFICATE

I,............................... of................................, District Court Clerk assigned to the above-named District Court Area, hereby certify, as regards a measure taken by a Court in Ireland, namely the order of the District Court sitting at ......................on the ...... day of .................... 20.... in the above proceedings, in accordance with

section 6

of the

Protection of Children (Hague Convention) Act 2000

as follows:—

(1) The nature of the above-named proceedings is ..........................................

(2) The Court assumed jurisdiction under Article ...................of the Convention

(3) The time for lodging an appeal against the measure *will expire on/*expired on the ...... day of .................... 20....

(4) *Notice of appeal against the measure, *(Notice to set aside the measure, the measure having been given in default of appearance, *has been entered by ...................................... *has not been entered

(5) The measure *was *was not taken in a case of urgency

(6) The measure not being taken in a case of urgency, the Court has taken such account of the wishes of the child concerned as it thought appropriate and practicable having regard to the child’s age and understanding

*Copies of the following documents relative to these proceedings, which I have certified as true copies are appended to this certificate

*Order of the District Court dated the ...... day of .................... 20....

*Statutory declaration of service of ............... dated the ...... day of .................... 20....

establishing that notice of the institution of the proceedings was served on the respondent

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

Signed:............................. District Court Clerk

*Delete where inapplicable

42.01

Appearance and defence: general

Schedule C

O.42, r. 3(1)

District Court Area of District No.

Record number

Between

..............Claimant

..............Respondent

APPEARANCE

To: District Court Clerk

The *respondent intends *respondents intend to defend this claim notice.

Particulars of first respondent

Name

Address

*(in the above Court *(area) and district)

Occupation

PPSN

*Solicitor

*(if the respondent intends to defend in person, please state “in person”)

Address for service of documents

[Repeat particulars for second and any subsequent respondent]

Dated the ........ day of.................... 20....

Signed:.............. *(Solicitor for) Respondent

This appearance was filed at..........................................on the ...... day of .................... 20.... with ............................................. the District Court Clerk assigned to the above Court area and district

Note: This page only to be completed and filed with the appropriate District Court Clerk; the remainder of the document to be completed and served on the claimant or claimant’s solicitor.

*Delete where inapplicable

--------------------------------------------------------------------------------------------------

Schedule C

O.42, r. 3(1)

District Court Area of District No.

Record number

Between

..............Claimant

..............Respondent

APPEARANCE AND DEFENCE

The *respondent intends *respondents intend to defend this claim notice.

Particulars of first respondent

Name

Address

*(in the above Court *(area) and district)

Occupation

PPSN

*Solicitor

*(if the respondent intends to defend in person, please state “in person”)

Address for service of documents

[Repeat particulars for second and any subsequent respondent]

Dated the ........ day of.................... 20....

Signed:.............. *(Solicitor for) Respondent

To the *(solicitor for the) claimant(

s

) at the address(es) given in the claim notice

GROUNDS OF DEFENCE

[Set out in numbered paragraphs a statement of the grounds of the respondent’s defence, including all material facts on which the respondent relies, with necessary particulars of such fact.

Grounds of defence must state which of the facts stated in the claimant’s statement of claim are admitted; denied or not admitted. Where a fact stated in a statement of claim is denied, reasons must be given for denying the fact; and if the respondent intends to prove a fact different from that stated in the statement of claim, the grounds of defence must state, with necessary particulars, the fact that the respondent intends to prove.

The grounds of defence must state specifically, with particulars, any fact or matter which makes the claim of the claimant not maintainable; or if not stated specifically, might take the claimant by surprise; or raises questions of fact not arising out of the statement of claim.

Example as follows—

12. Where under these Rules notice is required to be given to a Superintendent of the Garda Síochána the notice may be given by leaving the notice with the Superintendent or with the officer in charge of the Garda Síochána station for which the Superintendent acts or by forwarding the notice by prepaid post to the Superintendent and, in the case of notice by post, the notice is deemed to be received on the day of the actual receipt of the notice by the Superintendent.

13 All notices to be in writing

13. All notices required by these Rules to be given in criminal proceedings must be in writing unless expressly authorised by the Court to be otherwise given.

14 Court to determine practice where not prescribed

14. Where no provision is made in any statute or these Rules governing practice and procedure in a particular criminal proceeding, the Court may adopt such procedure as it consider appropriates consistently with the requirements of justice.

15 Effect of non-compliance

15. Subject to any provision of an enactment, non-compliance with these Rules does not render any criminal proceedings void, but in case of non-compliance, the Court may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner and on such terms consistent with statute as the Court thinks fit.”

SCHEDULE 5

FORMS

39.01

Notice of intention to proceed

Schedule C

O.39 r. 3

District Court Area of District No.

Record number

Between

..............Claimant

..............Respondent

NOTICE OF INTENTION TO PROCEED

TAKE NOTICE that the *claimant *respondent intends to proceed as and from the expiry of one month from the date following service of this notice.

Dated the ...... day of ................. 20....

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

*(Solicitor for) *Claimant *Respondent

To: *(Solicitor for) *Respondent *Claimant

At.............................................................

To: District Court Clerk

At.............................................................

*Delete where inapplicable

39.02

Notice of listing of proceedings

Schedule C

O.39 r. 2

District Court Area of District No.

Record number

Between

..............Claimant

..............Respondent

TAKE NOTICE THAT the above civil proceedings have been listed at the sitting of the District Court to be held at............................................................ on the...... day of ....... 20 . at a.m./p.m.

*The listing is to explain the failure of the parties to proceed and you are required either to provide a sufficient explanation of the failure to proceed in writing to this office at least seven days before the date listed above or to attend at the date and time listed above to explain the failure to proceed.

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

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

District Court Clerk assigned to the above Court area.

To *(Solicitor for) claimant

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

To *(Solicitor for) respondent

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

* Delete where inapplicable

40.01

Claim notice: general damages not exceeding €15,000

Schedule C

O.40, r. 5

District Court Area of District No.

Record number

Between

..............Claimant

..............Respondent

CLAIM NOTICE

This claim notice is issued at the request of the claimant(s), who makes a claim in the District Court to recover against the respondent damages not exceeding €15,000 for [

insert description of claim, e.g. breach of contract, negligence, etc

]

Particulars of first claimant

Name

Address

*(in the above Court *(area) and district)

Occupation

*Solicitor

Address for service of documents

[Repeat particulars for second and any subsequent claimant]

Particulars of first respondent

Name

Address

*(in the above Court *(area) and district)

*Solicitor (if known)

Occupation (if known)

Address for service of documents (if known)

[Repeat particulars for second and any subsequent respondent]

STATEMENT OF CLAIM

[Set out in numbered paragraphs a statement of all material facts on which the claimant relies, including necessary particulars of such fact, which must include the place where and the date when the claim arose, but not the evidence by which those facts are to be proved. Specify in that statement the specific provisions of any enactment that is relied on and the amount or other relief or remedy sought. Examples are provided at the end of this form.]

LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE CLAIMANT WILL RELY AT TRIAL

Document

Date

Description

1

e.g. letter of offer

1 September 2013

Letter of offer from the claimant to the respondent

2

e.g. contract

10 September 2013

Contract signed by the claimant and the respondent

Etc

(A) IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance and defence in Form 42.01, Schedule C of the District Court Rules, not later than 28 days after the service on you of this claim notice, and at the same time file a copy of your appearance with the District Court Clerk at the address below.

(B) IF YOU ADMIT THE CLAIM, you should contact the claimant or claimant’s solicitor within 10 days after the service on you of this claim notice to make arrangement to agree payment of the claim and costs, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

IF YOU DO NOT ACT IN ACCORDANCE WITH (A) OR (B) ABOVE you will be held to have admitted the claim and the claimant may apply for judgment to the District Court and if judgment is given, proceed to execution.

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

*(Solicitor for) Claimant

To the respondent(s) at the address(es) given above

This claim notice is issued at ....................................................... on the ...... day of .................... 20.... by ..by the District Court Clerk assigned to the above Court area and district

*Delete where inapplicable

Sample statements of claim

Breach of contract: goods or services

16. (1) Subject to the EU Regulation, the provisions of Orders 51 and 51A, insofar as they may be applied to a judgment of the District Court, may be applied to a judgment given in the European Small Claims Procedure in a Member State, and any reference in Orders 51 and 51A to a “judgment” includes, where the context so admits, a reference to such a judgment. In such a case, any relevant Form in Schedule C which contains a reference to a judgment, or order may be adapted to refer to such a judgment.

(2) Where an application is made by a creditor for enforcement in accordance with Order 51, rule 3 in respect of a judgment given in the European Small Claims Procedure in a Member State other than the State, the judgment creditor must, in addition to lodging with the Clerk the summons in duplicate and statutory declaration, provide to the Clerk the documents referred to in Article 21(2) of the EU Regulation.

17 Application for refusal of enforcement

17. (1) Where enforcement of a judgment given in the European Small Claims Procedure in a Member State other than the State under these Rules is sought in accordance with rule 16, the party against whom enforcement is sought may apply to the Court for an order refusing enforcement on the basis of the provisions of Article 22(1) of the EU Regulation, or for an order staying or limiting enforcement on the basis of the provisions of Article 23 of the EU Regulation.

(2) An application under sub-rule (1) must be by notice of motion in the Form 53B.02 Schedule C. The notice of motion must specify the grounds alleged for the relief sought.

(3) Unless the Court, being satisfied as to the urgency of the application, otherwise permits, a copy of the notice of motion must be served by the respondent

(

a

) not later than seven days before the return date of the motion, on the claimant and

(

b

) on such other persons as the Court directs.

18 Notifications by Registrar

18. Any notification or notice given by the Registrar to a party to a European Small Claim for any purpose set out in the EU Regulation must be given by the means by which that party has communicated to him (or to the address or contact detail provided for that party) and must include particulars and any record number for the European Small Claim concerned.

19 Hearings by videolink or telephone

19. (1) For the purposes of this Order, the contemporaneous linking together by telephone or other means of electronic communication of persons entitled or permitted to be present in the Court at a hearing must be deemed to constitute a hearing before the Court, and all the provisions in these Rules as to hearings apply to such hearing, provided that

(i) each of the persons taking part in such a hearing is able to hear, and speak to, each of the other persons taking part; and

(ii) at the commencement of such a hearing each such person acknowledges his presence and that he or she accepts that the proceedings will be deemed to be a hearing before the Court.

(2) A person may not cease to take part in a hearing conducted in accordance with this rule by disconnecting his telephone or other means of communication unless he or she has previously obtained the express consent of the Judge or Registrar and a person must be conclusively presumed to have been present at all times during the hearing unless he or she has previously obtained the express consent of Judge or Registrar to leave the hearing.”

SCHEDULE 3

SCHEDULE OF COSTS

20. If by order of the Court the costs of any interlocutory or other application, or of any step in a proceeding, are reserved, the reserved costs are the parties costs in the proceeding, unless the Court otherwise orders.

21 Trustee or mortgagee

21. A party who sues or is sued as trustee or mortgagee must, unless the Court otherwise orders, be entitled to the costs of the proceeding out of the fund held by the trustee or out of the mortgaged property in so far as the costs are not paid by any other person.

22 Costs in hire purchase claims

22. Proceedings by the owner of a chattel against the hirer of the chattel under a hire-purchase agreement for the recovery or return of the chattel must, for the purpose of the measurement of the costs, be deemed to be an action in contract in which the amount sued for is the amount of the instalments due and unpaid under the agreement at the date of commencement of the proceedings.

23 Costs in claims for wrongful detention

23. In claims for wrongful detention brought by virtue of section 33(3) of the

Courts (Supplemental Provisions) Act 1961

, the costs awarded must be on the tort scale according to the value of the goods as determined by the Court.

24 Costs in claims to which the Attorney General or a Minister is a party

24. The scales of costs in the Schedule of Costs apply to proceedings to which the Attorney General or any Minister of the Government or any Minister of State or any Government Department is a party.

25 Costs in consent proceedings

25. Solicitors’ costs, where allowed, in consent proceedings to which section 4(

c

) of the

Courts Act 1991

and Order 40, rule 7 relate, must be in accordance with the provisions of item No. 10 in the Schedule of Costs.

26 Costs in proceedings transferred from the High Court or the Circuit Court

26. Solicitors’ costs, where allowed, in civil proceedings remitted or transferred from the High Court or the Circuit Court and to which Order 40, rule 8 relates, must be in accordance with the provisions of item No. 11 in the Schedule of Costs.

27 Value Added Tax

27. There must be added to the costs and, where relevant, counsel’s fees, awarded in any civil proceeding any sum payable by way of value-added tax on the costs by the party to whom they are awarded where, and only where, that party establishes that the sum payable by way of value-added tax is not otherwise recoverable.

3 — COUNSELS FEES

28 Not allowed where sum does not exceed €2,000

28. (1) Subject to rule 2(2), in any award of costs in any civil proceedings in the Court a fee for counsel may not be included—

(

a

) in any action in contract, breach of contract, tort or in claims for damages unconnected with contract, where the amount recovered by the claimant or, where the claim was dismissed, the amount claimed against the respondent does not exceed €2,000, and

(

b

) in any landlord and tenant proceedings for overholding or non-payment of rent, where the annual rent does not exceed €2,000.

29 Court to certify for counsel

29. In the award of costs in any civil proceedings in the Court to which rule 28 does not apply, a fee for counsel may not be included unless the Court certifies that, in its opinion, the employment of counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned.

30 No separate counsel’s fee for barrister employed on a full-time basis

30. Where a barrister who acts as advocate for a party in any civil proceedings in the Court to which rule 28 does not apply is employed on a full-time or exclusive basis by the party’s solicitor or by the party, a fee for counsel may not be included in the party’s costs in addition to any solicitor’s scale fee.

ORDER 53A

SMALL CLAIMS PROCEDURE

1 Definitions

31. (1) Unless the Court otherwise directs, an order obtained under rule 30 must be served on each of the continuing parties (or their solicitors) and on each new party (unless the person making the application is himself or herself the only new party).

(2) Subject to rules 32 and 33, an order under rule 30 is from the time of service binding on the person served, and every person served with an order under rule 30 who is not already a party to the civil proceedings must, if a respondent, file and serve an appearance and serve a defence within the same time, and in the same manner, as if he or she had been served with the claim notice.

32 Application to discharge or vary an order under rule 30

32. Where

(

a

) a person who is not under a disability; or

(

b

) a person who although under disability, has a guardian

ad litem

in the civil proceedings,

is served with an order under rule 30, the person may apply to the Court to discharge or vary the order under rule 30 at any time within ten days from the service of the order under rule 30 on him or her.

33 Service of an order under rule 30 on a person under a disability

33. Where a person under a disability who does not have a guardian

ad litem

in the civil proceeding is served with an order under rule 30, the person may apply to the Court to discharge or vary the order under rule 30 at any time within ten days from the appointment of a guardian

ad litem

for the person and, until the period of ten days has expired, the order under rule 30 has no force or effect against the person under a disability.

34 Order on failure to proceed following death of a party

34. (1) Where

(

a

) a claimant in a civil proceeding dies, and

(

b

) the cause of action survives,

but the person entitled to proceed fails to proceed,

the respondent (or the person against whom the action, proceeding or matter, may be continued) may apply by motion on notice to compel the claimant (or the person entitled to proceed), to proceed within a period to be fixed by the Court.

(2) Where the Court makes an order on an application under sub-rule (1), the court may make an order that, in default of proceeding within the time fixed by the Court, the claim be dismissed with costs.

9 —CONSOLIDATION

35 Consolidation or hearing together

35. (1) If two or more civil proceedings are pending in the Court, and—

(

a

) some common question of law or fact arises in both or all of them;

(

b

) the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or

(

c

) for any other reason it is desirable to make an order under this rule—

the Court may order the proceedings to be consolidated, or to be heard at the same time or one immediately after the other, or may order any of them to be stayed until after the determination of any other of them.

(2) Any order for the hearing together of two or more proceedings or for the hearing of one immediately after the other, is subject to the discretion of the Court.

ORDER 44

APPLICATIONS BY NOTICE OF MOTION

1 — PRE-TRIAL APPLICATIONS: GENERAL

1 Application of this Order

36. An amount payable in the State under:-

(

a

) a decision recognised within the meaning of Article 17.1 of the Maintenance Regulation;

(

b

) an enforceable maintenance order by virtue of an enforcement order as provided for in the 2011 Regulations, or

(

c

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

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

37 Clerk to give receipt for and transmit payments

37. (1) The Clerk must give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him or her under an order referred to in rule 36 and must transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it, having due regard to the provisions of subsections 2(

a

) and 2(

b

) of section 4 of the 1994 Act, where applicable.

(2) Before transmitting any such payment abroad the Clerk must comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and must, where necessary for that purpose, produce the order referred to in rule 36 to an authorised dealer, (i.e. a licensed bank) for inspection.

38 Venue for proceedings by creditor

38. (1) Proceedings by or on behalf of the maintenance creditor being brought in the District Court under the 2011 Regulations and the Maintenance Regulation for the enforcement of an enforceable maintenance order, may be brought, heard and determined

(

a

) in case the maintenance debtor under the enforceable maintenance order concerned resides in the State or is deemed under Regulation 6 of the 2011 Regulations to be habitually resident in the Dublin Metropolitan District, at any sitting of the Court for the Court district in which the maintenance debtor habitually resides or, as the case may be, is deemed to be habitually resident, in accordance with Regulation 10(7)(

a

) of the 2011 Regulations;

(

b

) in case the maintenance debtor does not reside in the State but is in the employment either of a person residing or having a place of business in the State or of a body whose seat of management or control is in the State, at any sitting of the Court for the Court district in which that person resides or, as the case may be, the body has its seat, in accordance with Regulation 10(7)(

b

) of the 2011 Regulations.

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

9 — MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS 2, 5 AND 6 REFER

39 Application for order to provide information under Regulation 19(2) of the 2011 Regulations

39. (1) An application by the Central Authority under the Maintenance Regulation to the Court under Regulation 19(2) of the 2011 Regulations for an order requiring a person or body (not being a person or body mentioned in Regulation 19(1) of the 2011 Regulations) to provide to the Central Authority under the Maintenance Regulation information as to the whereabouts, place of work, or location and extent of the assets, of a maintenance creditor or debtor (within the meaning of the 2011 Regulations) may be made at any sitting of the Court for the Court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation. Notice of the application in the Form 41B.16, Schedule C must be filed with the Clerk at least four days prior to the date of hearing.

(2) Where the Court grants the application and makes the order sought, the Central Authority must forward a copy of the order to the person or body concerned.

40 Application for order to provide information under section 20(2) of the 1994 Act

40. (1) An application by the Central Authority under the 1994 Act to the Court under section 20(2) of the 1994 Act for an order requiring a person or body (not being a person or body mentioned in section 20(1) of that Act) to provide to the Central Authority under the 1994 Act information as to the whereabouts, place of work, or location and extent of the assets of a maintenance debtor (within the meaning of the 1998 Act) or respondent may be made at any sitting of the Court for the Court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation. Notice of the application in the Form 41B.16, Schedule C must be filed with the Clerk at least four days prior to the date of hearing.

(2) Where the Court grants the application and makes the order sought, the Central Authority must forward a copy of the order to the person or body concerned.

10 — PROCEEDINGS UNDER THE HAGUE CONVENTION 1996

41 Definitions (this Part)

41. In this Part (rules 41 to 52 inclusive), unless the context otherwise requires

the “2000 Act” means the

Protection of Children (Hague Convention) Act 2000

(No. 37 of 2000);

the “Clerk” means the Clerk for the Court area in which the original application was or is to be heard and decided or in which the original order was made;

each of the expressions “another contracting state”, “Central Authority”, “contracting state”, “the Convention”, “decision”, “judgment”, and “measure” has the meaning assigned to it by section 1 of the 2000 Act.

42 Venue for proceedings under the 2000 Act or the Convention

42. Subject to section 4(2) and section 4(3) of the 2000 Act, proceedings before the Court under the 2000 Act or under the Convention by virtue of the 2000 Act may be brought, heard or determined

(

a

) in the case of proceedings to which section 4(1)(

b

) or section 4(1)(

c

) of the 2000 Act applies, at any sitting of the Court for any Court area in the Court district determined in accordance with section 4(1)(

b

) or, as the case may be, section 4(1)(

c

) of the 2000 Act;

(

b

) in the case of any other proceedings under the 2000 Act or under the Convention by virtue of that Act, at such sitting of the Court or otherwise as is prescribed by these Rules or by statute for proceedings seeking the relief concerned.

43 Stay of proceedings

43. (1) Where the Court has jurisdiction in any proceedings to which the Convention applies, under Article 5 or 6 of the Convention but, on application of a party to the proceedings or of its own motion, considers in accordance with Article 8 of the Convention that the authority of another contracting state would be better placed in the particular case to assess the best interests of the child, the Court may stay the proceedings before it for a period specified by the Court and, as the Court considers appropriate, either

(

a

) direct the Central Authority to make a request on its behalf to the proper authority of the other contracting state concerned to assume jurisdiction to take such measures of protection as it considers necessary in accordance with Article 8 of the Convention, or

(

b

) invite the parties to introduce such a request before the proper authority of the other contracting state concerned in accordance with Article 8 of the Convention,

and the Court may, for those purposes, limit the period of any stay to a period specified by the Court, and adjourn the matter for further consideration.

(2) The Court may discharge a stay ordered in accordance with sub-rule (1) and direct the withdrawal of any request made under paragraph (

a

) of that sub-rule if the authority in the other contracting state concerned does not assume jurisdiction within the period for which the Court granted the stay.

(3) The Court may discharge a stay ordered in accordance with sub-rule (1) if the parties do not, within the period specified by the court, request the authority in the other contracting state concerned to assume jurisdiction.

44 Application for court to exercise jurisdiction as appropriate court of a contracting state

44. Where the Court is asked in accordance with the Convention to exercise a jurisdiction conferred on it to take any measures by virtue of being the appropriate court of a contracting state, the document commencing the appropriate proceedings in accordance with these Rules

(i) must additionally be entitled in the matter of the provision of the Convention in accordance with which the Court is asked to exercise jurisdiction, and

(ii) must additionally have appended a copy of any relevant request in writing made by the competent authority of another contracting state, together with a certified translation, where necessary, into Irish or English, or

(iii) must otherwise set out the basis on which the request to exercise jurisdiction is made.

45 Exchange of views

45. The Court may give such directions to the Central Authority as are appropriate to facilitate participation in any exchange of views referred to in Article 8.3 of the Convention or Article 9.2 of the Convention in such manner and by such means as the Court considers most suitable to meet the purposes of the Convention.

46 Orders under Article 11 and Article 12 of the Convention

46. (1) In any case where the Court has made an order under Article 11 of the Convention, the Court may direct the Central Authority to notify the Central Authority of another contracting state of the making of that order and may direct the first-mentioned Central Authority to make inquiries of the Central Authority of another contracting state as to whether measures referred to in paragraph 2 of Article 11 of the Convention have been taken and, if so, as to the content of those measures.

(2) In any case where the Court has been asked to make an order under Article 12 of the Convention, the Court may direct the Central Authority

(

a

) to make inquiries of the Central Authority of another contracting state as to whether any measures have been taken by the authorities having jurisdiction under Articles 5 to 10 of the Convention and, if so, as to the content of those measures;

(

b

) to make inquiries of the Central Authority of another contracting state as to whether a decision (in respect of the measures of protection which may be required by the situation) referred to in paragraph 2 of Article 12 of the Convention has been taken and, if so, as to the content of that decision; or

(

c

) to notify the Central Authority of another contracting state of the making by the Court of an order under Article 12 of the Convention.

(3) For the purpose of enabling the Court to record that measures taken in accordance with Article 11 of the Convention have lapsed, the moving party in any proceedings to which sub-rule (1) applies in which measures were taken by the Court in accordance with Article 11 of the Convention must promptly notify the Clerk in writing as soon as the authorities which have jurisdiction under Articles 5 to 10 of the Convention have taken the measures required by the situation or, as the case may be, as soon as the measures required by the situation and taken by the authorities of another state are recognised by the contracting state in question.

(4) For the purpose of enabling the Court to record that measures taken in accordance with Article 12 of the Convention have lapsed, the moving party in any proceedings to which sub-rule (2) applies in which measures were taken by the Court in accordance with Article 12 of the Convention must promptly notify the Clerk in writing as soon as the authorities which have jurisdiction under Articles 5 to 10 of the Convention have taken a decision in respect of the measures of protection which may be required by the situation or, as the case may be, as soon as the measures required by the situation and taken by the authorities of another state are recognised by the contracting state in question.

(5) Where the moving party fails promptly to notify the Clerk in accordance with sub-rule (3) or sub-rule (4), the respondent or any other person sufficiently interested may make the necessary notification.

47 Adjournment to make request under Article 34

47. Without limiting any other power of the Court, the Court may adjourn proceedings under the 2000 Act for the purpose of making a request under Article 34 of the Convention.

48 Request under Article 24

48. (1) A request to the Court by an interested party (in accordance with section 3(2) of the 2000 Act) pursuant to Article 24 of the Convention to decide on the recognition or non-recognition of a measure taken in another contracting state and/or pursuant to Article 26 of the Convention that a measure be declared enforceable or registered for the purpose of enforcement in the State may at the election of the applicant, be made

ex parte

in the first instance subject to the prior filing with the Clerk of a notice in the Form 41B.17, Schedule C, or otherwise must be made on notice to the respondent by the issue and service on the respondent at least 4 days prior to the date fixed for the hearing of a notice in the Form 41B.17, Schedule C.

(2) An application for such recognition and/or enforcement must be grounded on an affidavit which

(

a

) exhibits the judgment or decision (in this rule referred to as the “decision”) constituting or recording the measure concerned or a certified or otherwise duly authenticated copy thereof (together with a certified translation, where necessary, into Irish or English) and

(

b

) where necessary, states the name of the authority in the contracting state concerned and the date on which and place at which the measure was given or ordered, and

(

c

) explains concisely the nature and effect of the measure and

(

d

) sets out or verifies (or which exhibits and verifies documents which set out)

(i) the full name, address and date and place of birth (where available) of each child to whom the measure relates;

(ii) the full name, address and date and place of birth (where available) of each person who has, in relation to each such child, rights and/or obligations of a kind mentioned in Article 3 of the Convention;

(iii) where the request concerns the enforcement of a measure concerning access

(I) the practical arrangements for exercise of rights of access (to the extent stated in the decision), including date and time, start, end and place;

(II) any specific obligations on the holders of parental responsibility;

(III) any specific obligations on the person with a right of access;

(IV) any restrictions attached to the exercise of rights of access;

(iv) the jurisdiction of the authority concerned to take the measure by reference to Chapter II of the Convention and, where relevant, any findings of fact on which the authority of the contracting state where the measure was taken based its jurisdiction;

(v) whether the child concerned was given the opportunity to be heard, or where relevant, that the measure was taken in a case of urgency;

(vi) whether any person having parental responsibility in respect of the child concerned was given the opportunity to be heard, or where relevant, that the measure was taken in a case of urgency;

(vii) where relevant, whether any measure in respect of the child concerned has been taken in a non-contracting state of the habitual residence of the child;

(viii) where relevant, that the procedure provided in Article 33 of the Convention has been complied with;

(ix) documents which establish that, according to the law of the contracting state in which it has been given, the measure is enforceable;

(x) where applicable, the grounds on which the right to request recognition or non-recognition or that a measure be declared enforceable or registered for the purpose of enforcement is vested in the party making the application.

49 Where evidence not produced

49. Where the party applying under rule 48 does not produce the evidence or documents referred to in rule 48, the Court may

(

a

) adjourn the application to allow the applicant an opportunity to produce that evidence or those documents, or

(

b

) accept equivalent evidence or documents, including by way of oral evidence, or

(

c

) dispense with the production of such evidence or documents.

50 Enforcement, setting aside and discharge of order

50. (1) The order of the Court granting a request to decide on the recognition of a measure taken in another contracting state and/or that a measure be declared enforceable or registered for the purpose of enforcement in the State is, subject to sub-rule (2), enforceable for all purposes in accordance with these Rules.

(2) The Court may direct the service by such means as it directs of the order on any person who it appears to the Court may be affected by the making of the order and may stay the operation of the order for a specified period.

(3) Any application consistent with the requirements of the Convention to set aside or discharge such an order must, unless the Court otherwise directs, be preceded by the issue and service on the original applicant of a notice (or, as the case may be, on every person on whom the Court’s order has been served) in the Form 41B.18, Schedule C, and the original notice must, unless the Court otherwise allows, be filed with the Clerk at least two days before the return date of the application.

(4) An application under sub-rule (3) must, unless the Court otherwise permits, be brought

(

a

) by a person served with the order in the State, within one month of such service, or

(

b

) by a person served with the order in another contracting state, within two months of such service.

(5) The Court may stay the enforcement of the order, on such terms as it sees fit, where such an application is made.

(6) The original applicant must apply promptly to the Court to set aside or discharge an order made in accordance with rule 48 where the measure to which that order relates (in this rule referred to as the “measure concerned”) has been set aside or discharged by the authority in the contracting state concerned, or another measure inconsistent with the measure concerned or otherwise affecting the measure concerned taken by the authority of a contracting state having jurisdiction to do so. In such a case, the application to the Court must be grounded on an affidavit

(

a

) which exhibits any document containing or recording the measure setting aside or discharging the measure concerned or, as the case may be, any document containing or recording another measure inconsistent with the measure concerned or otherwise affecting the measure concerned, or a certified or otherwise duly authenticated copy of any such document, together with a certified translation thereof, where necessary, into Irish or English, and

(

b

) which states, where necessary, the name of the authority in the contracting state concerned and the date on which and place at which the measure concerned was set aside or discharged or another measure was taken inconsistent with the measure concerned or otherwise affecting the measure concerned, and which explains concisely the nature and effect of the same.

(7) The original applicant must apply promptly to the Court to set aside or discharge, as appropriate, an order made in accordance with sub-rule (1) where the measure concerned has been varied by the authority in the contracting state concerned. Any interested party may make a further request to the Court in relation to the variation in accordance with section 3(2) of the 2000 Act and rule 37.

(8) Where the original applicant fails to apply promptly to the Court in a case to which sub-rule (6) or sub-rule (7) applies, the original respondent or any other person sufficiently interested may make the necessary application to the Court.

(9) An application to which sub-rule (3) or (6) applies must be heard and decided on affidavit, but the Court may receive oral evidence of any matter to which the application relates, as it considers necessary.

51 Certificate under section 6 of 2000 Act

51. (1) A certificate of the Court for the purposes of section 6 of the 2000 Act (in the Form 41B.19, Schedule C) must be provided on application in writing to the Clerk for that purpose. Where appropriate, certified copies of any relevant order of the Court in the proceedings and of any document filed as proof of service in the proceedings may be appended to the certificate.

(2) Where the applicant (or an authority of another contracting state) requests further particulars of the proceedings to which the certificate relates, the Clerk, having consulted with the Judge, and subject to Article 37 of the Convention, may certify such further particulars.

52 Application of Order 58, rules 3 and 10 to 13 inclusive

52. The provisions of Order 58, rules 3 and 10 to 13 inclusive, apply with any necessary modifications to proceedings under the 2000 Act and reference to “the Act” in those rules must be read, for these purposes, as a reference to the 2000 Act.

ORDER 42

DEFENCE, PARTICULARS AND COUNTERCLAIM

1 — APPEARANCE AND DEFENCE

1 Appearance and defence

87. 50

175

Exceeding €11,000

110

220 or such other amount as the Court thinks proper

The above scale of costs (8) is in every instance exclusive of and in addition to all actual and necessary outlay.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

31

st January

, 2014.

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

, the European Communities (Rules of Court) Regulations 1972 (

S.I. No. 320 of 1972

), and

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 20th day of January 2014.

Rosemary Horgan Chairperson

Brian Sheridan

Conal Gibbons

Anne Watkin

Fiona Twomey

Mark Harty

Roy Pearson

Noel A Doherty

Michelle Johnston

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

Dated this 27th day of January 2014.

ALAN SHATTER

Minister for Justice and Equality

S.I. No. 17 of 2014

DISTRICT COURT (CIVIL PROCEDURE) RULES 2014