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S.I. No. 93/1997 - District Court Rules, 1997

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1997 S.I. No. 93/1997 - District Court Rules, 1997 S.I. No. 93/1997 - District Court Rules, 1997 AmendmentsLeasuithe EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Rules, which come into operation on the 1st day of May, 1997, replace in revised and consolidated form the Rules listed in Schedule A hereto. They prescribe the practice and procedures to be followed and the forms to be used in the District Court proceedings to which they relate on and from the operative date, save for proceedings pending in the Court on that date, which proceedings shall be continued and completed as if these Rules had not been made. TABLE OF CONTENTS Page DISTRICT COURT RULES 1997 1 CITATION AND COMMENCEMENT 2 ANNULMENT OF EXISTING RULES 2 INTERPRETATION OF TERMS 2 PART I PRELIMINARY AND GENERAL Order 1 SITTINGS 5 2 ADJOURNMENT OF PROCEEDINGS AND OF THE COURT 7 3 LANGUAGE 9 4 MODE OF ADDRESS 9 5 JUDGES' ROBES 9 6 RIGHT OF AUDIENCE 11 7 MINORS AND OTHER PERSONS UNDER DISABILITY 13 8 TENDERING OF EVIDENCE 15 9 AFFIDAVITS 15 10 SERVICE OF DOCUMENTS 17 11 SERVICE OUT OF THE JURISDICTION 23 12 MISCELLANEOUS 29 PART II CRIMINAL PROCEEDINGS 13 VENUE 33 14 ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS 35 15 ISSUE OF SUMMONSES ALLEGING OFFENCES 37 16 ISSUE OF WARRANTS CHARGING OFFENCES 39 17 PROCEDURE ON ARREST 41 18 PROCEDURE ON ADMITTING TO BAIL 43 19 REMANDS BY THE COURT 47 20 ARREST OF PERSON ABOUT TO ABSCOND 49 21 ATTENDANCE OF WITNESSES 51 22 PROCEDURE ON ACCUSED'D FAILURE TO APPEAR 53 23 TRIAL OF SUMMARY OFFENCES 55 24 SUMMARY TRIAL AND PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES 57 25 ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS 63 26 ENDORSEMENT, ADDRESSING, EXECUTION RE-ISSUE OF WARRANTS 65 27 ESTREATMENT OF RECOGNISANCES FORFEITURE OF MONEY LODGED 69 28 RECOGNISANCES UNDER THE PROBATION OF OFFENDERS ACT, 1907 73 29 EXTRADITION 75 30 COMMUNITY SERVICE 79 31 PROCEEDINGS UNDER — CRIMINAL JUSTICE ACT, 1984 — CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990 81 31A PROCEEDINGS UNDER THE POLICE (PROPERTY) ACT 1897 83 32 MISUSE OF DRUGS 85 33 COMPENSATION ORDERS 87 34 MISCELLANEOUS SEARCH WARRANTS 91 35 CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS 95 36 COSTS AND WITNESSES' EXPENSES 97 37 PROCEEDINGS INVOLVING CHILDREN OR YOUNG PERSONS 97 38 MISCELLANEOUS MATTERS 99 PART III CIVIL PROCEEDINGS 39 COMMENCEMENT OF PROCEEDINGS 101 40 PARTICULARS TO BE GIVEN IN CERTAIN CIVIL SUMMONSES, ETC. 107 41 DEFENCE, LODGMENT AND COUNTERCLAIM 109 42 THIRD PARTY PROCEDURE 113 43 SECURITY FOR COSTS 115 44 ATTENDANCE OF WITNESSES 117 45 JUDGMENT IN DEFAULT 119 46 HEARING OF CIVIL PROCEEDINGS 123 47 EJECTMENT PROCEEDINGS 127 48 EXECUTION OF DECREES AND DISMISSES 131 49 INTERPLEADER 133 50 APPLICATION TO HAVE AN ACTION FORWARDED TO THE CIRCUIT COURT OR TO THE HIGH COURT 135 51 COSTS AND EXPENSES 137 52 COUNSEL'S FEES 139 53 ENFORCEMENT OF JUDGMENTS 141 Family Law 54 MAINTENANCE OF SPOUSES AND CHILDREN 147 55 RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS AS BETWEEN THE STATE AND NORTHERN IRELAND, ENGLAND AND WALES, AND SCOTLAND 151 56 ATTACHMENT OF EARNINGS 157 57 PROCEEDINGS UNDER SECTION 8 of THE ENFORCEMENT OF COURT ORDERS ACT, 1940 159 58 CUSTODY AND GUARDIANSHIP OF INFANTS 161 59 DOMESTIC VIOLENCE 165 60 PROTECTION OF THE FAMILY HOME 171 61 USE OF BLOOD TESTS IN DETERMINING PARENTAGE 173 62 PROCEEDINGS UNDER— THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968, (OR) THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 1988, (OR) THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS, (OR) THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE 175 Licensing 63 AUCTIONEERS AND HOUSE AGENTS 191 64 BETTING ACT, 1931 193 65 FISHERIES 195 66 GAMING AND LOTTERIES 199 67 GENERAL DEALERS 201 Intoxicating Liquor 68 CERTIFICATES FOR SPIRIT RETAILERS LICENCES, BEER RETAILERS' LICENCES, WHOLESALE BEER DEALERS' LICENCES; DECLARATIONS OF FITNESS UNDER SECTION 15 of THE INTOXICATING LIQUOR ACT, 1960 203 69 RESTAURANT CERTIFICATES AND DECLARATIONS AS TO SUITABILITY OF PREMISES 205 70 OBJECTIONS TO THE FIRST GRANT OF WINE RETAILERS ON-LICENCES 207 71 SPECIAL EXEMPTION ORDERS 209 72 GENERAL EXEMPTION ORDRES 211 73 EXEMPTIONS FOR SPECIAL EVENTS 213 74 EXEMPTIONS FOR LICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY 215 75 EXEMPTIONS FOR UNLICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY 217 76 OCCASIONAL LICENCES 219 77 AD-INTERIM TRANSFERS OF LICENCES 221 78 TRANSFERS OF LICENCES HELD BY NOMINEES 223 79 CERTIFICATES OF TRANSFER 225 80 OBJECTIONS TO RENEWAL OF INTOXICATING LIQUOR LICENCES, FORMS OF RENEWAL CERTIFICATE AND RECORDING OF RENEWALS OF LICENCES 227 81 ANNUAL LICENSING COURT 229 82 REGISTER OF LICENCES 231 83 REGISTRATION OF CLUBS, GRANTING OF CLUB AUTHORISATION 233 84 CHILD CARE 239 85 WATER DISCONNECTION 249 86 PUBLIC DANCING 251 87 PUBLIC MUSIC AND SINGING 253 88 STREET AND HOUSE TO HOUSE COLLECTIONS 255 89 WILDLIFE 257 MISCELLANEOUS MATTERS 90 AIR NAVIGATION (EUROCONTROL) 261 91 CONTROL OF DOGS 263 92 FIRE SERVICES 267 93 HOUSING (PRIVATE RENTED DWELLINGS) 269 94 IRISH NATIONALITY AND CITIZENSHIP 271 95 MALICIOUS INJURIES 273 96 PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION 275 97 ROAD TRAFFIC 279 98 SOCIAL WELFARE — CONTRIBUTIONS TOWARDS BENEFITS OR ALLOWANCES 281 99 ISSUE OF SUMMONSES IN MATTERS OTHER THAN CRIMINAL MATTERS 283 PART IV APPEALS AND CASES STATED 100 APPEALS TO THE DISTRICT COURT 285 101 APPEALS TO THE CIRCUIT COURT 287 102 CASES STATED 291 SCHEDULE A RULES WHICH ARE ANNULLED BY THESE RULES 295 SCHEDULE B FORMS IN CRIMINAL PROCEEDINGS 299 SCHEDULE C FORMS IN CIVIL PROCEEDINGS 540 SCHEDULE D FORMS IN APPEALS TO THE DISTRICT COURT AND TO THE CIRCUIT COURT AND IN CASES STATED FOR THE SUPREME COURT AND FOR THE HIGH COURT 1136 SCHEDULE OF COSTS 1151 SCHEDULE OF COUNSEL'S FEES 1158 INDEX TO RULES 1159 S.I. No. 93 of 1997 DISTRICT COURT RULES, 1997 We, the District Court Rules Committee, in exercise of the powers conferred on us by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby make the annexed Rules of Court. GIVEN this 30th day of January, 1997. Peter Smithwick Chairman. John Garavan John P. Clifford Gillian M. Hussey John P. Brophy Deirdre M. Kennedy Gerard Griffin Sean McMullin James McCormack Secretary I concur in the making of the annexed Rules of Court. Dated this 24th day of February, 1997. NORA OWEN, Aire Dlí agus Cirt. DISTRICT COURT RULES, 1997 These Rules may be cited as the "District Court Rules, 1997" or in abbreviated form as "DCR 1997", and shall come into operation on the 1st day of May, 1997. On and from the said date the Rules listed in Schedule A hereto shall stand annulled, save as to any proceedings pending in the Court, which proceedings shall be continued and completed as if these Rules had not been made. The Interpretation Act, 1937 , shall apply to these Rules. INTERPRETATION OF TERMS In these Rules— "civil proceedings" includes those suits or actions at law in which jurisdiction is conferred by any enactment upon the District Court in civil cases as described in section 77A of the Courts of Justice Act, 1924 and in any enactment extending or amending that section either expressly or by implication; "civil summons" means a summons issued under Order 39, 42, 47, 49 or 62 of these Rules; "Clerk", save where the context otherwise requires, means a District Court Clerk or any person temporarily assigned to perform the duties and fulfil the functions of such Clerk; "County Registrar" when used in relation to the execution of decrees, warrants or other execution orders in any county or county borough in which the powers and duties of the Under-Sheriff or Sheriff are not transferred to a County Registrar, means the Under-Sheriff or Sheriff, as the case may be; "Court" unless the context otherwise requires, means the District Court established under section 5 of the Courts (Establishment and Constitution) Act, 1961 ; "court area" means one of the areas created under section 21 (repealed by section 32

(1)of the Courts (Supplemental Provisions) Act, 1961 ) of the Courts of Justice Act, 1953 , and such words shall be construed to include the Dublin Metropolitan District as hereinafter defined; "criminal proceedings" includes proceedings under Part II of these Rules; "district", save where the context otherwise requires, means one of the districts created under section 22 (repealed by section 32
(2)of the Courts (Supplemental Provisions) Act, 1961 ) of the Courts of Justice Act, 1953 ; "Dublin Metropolitan District" means the district styled and known as the Dublin Metropolitan District under section 64 of the Courts of Justice Act, 1936 and described and defined in the District Court Districts (Dublin) Order, 1945 ( S R & O. 1945, No. 279 ) and varied by the District Court Districts (Dublin) (Amendment) Order, 1982 ( S.I. No. 88 of 1982 ); "Judge" means a Judge of the District Court and includes the President of the District Court; "licensing year" means a period of twelve months ending on the 30th day of September in any year; "Minister" means the Minister for Justice (save where the context otherwise requires); "oath" includes solemn affirmation and statutory declaration; "party" includes any person entitled to appear and be heard in relation to any action, application or other proceedings; "penalty" includes any fine or other penal sum and, where a fine is ordered to be paid, any compensation, costs or expenses, in addition to such fine; "prescribed", in relation to fees, means prescribed by the Minister with the sanction of the Minister for Finance; reference to any enactment shall, save where the context otherwise requires, be construed as a reference to that enactment as amended, extended or applied by or under any subsequent enactment; "summons" means a summons other than a civil summons; "summons server" means a person appointed by a County Registrar under the provisions of section 44 of the Court Officers Act, 1926 . PART I PRELIMINARY AND GENERAL ORDER 1 SITTINGS Sittings 1. Sittings of the Court shall be held in the places, on the days and at the hours from time to time appointed under the statutory and other provisions in that behalf for the time being in force. Further sittings A Judge may, however, hold a sitting of the Court within his or her district—
(1)at a place or time not so appointed, for the preliminary examination of indictable offences;
(2)at a time not so appointed, for the purpose of hearing any proceedings adjourned from a sitting so appointed; and
(3)at a place or time not so appointed for the hearing of such summary offences as may be specified from time to time by order of the Minister pursuant to section 15 of the Courts Act, 1971 . Times and places at which business may be transacted *2. A Judge may when sitting at a place, on a day, and at an hour appointed for the transaction of any particular class of business of the Court, transact at such sitting any other class of business of the Court. * Courts of Justice Act 1953 [s.27
(2)]. ORDER 2 ADJOURNMENT OF PROCEEDINGS AND OF THE COURT Adjournment of proceedings †1. A Judge may transfer or adjourn the transaction of any business of the Court in which he or she has jurisdiction either to—
(1)another occasion at the place in which he or she was transacting such business at the time of such transfer or adjournment, whether such occasion is or is not a day and hour appointed, or
(2)to another occasion (whether such occasion is or is not a day and hour appointed) at some other place in his or her district which is a place appointed for the transaction of business of the Court, whether such business does or does not include the said business so transferred or adjourned. 2.
(1)A Judge may at any time adjourn the hearing of any proceedings upon such terms as he or she thinks fit and may adjourn generally with liberty to re-enter.
(2)Proceedings which have been adjourned generally with liberty to re-enter may be re-entered by giving not less than ten days' notice in writing to the other party and lodging a copy of such notice with the Clerk not less than four days before the date of the hearing. Adjournment of the Court 3.
(1)Where a Judge is not in attendance at the time appointed for the holding of a Court the Clerk may, in pursuance of a direction received from such Judge on or before the day and time so appointed, adjourn the holding of such Court and the hearing of the proceedings thereat in accordance with such direction.
(2)Where no such direction is received by the Clerk and no Judge is in attendance one hour after the time appointed for the holding of a Court, the Clerk shall adjourn the holding of such Court and the hearing of the proceedings thereat to the next Court to be held in the court area.
(3)The Clerk shall post a notice of adjournment (Form 2.1 Schedule B) on the door of the courthouse and shall retain a copy thereof.
(4)All persons whose attendance shall have been required by any summons, order, civil summons, recognisance or notice at the Court so adjourned shall be deemed to have had notice of such adjournment and shall be obliged to attend on the day to which such adjournment shall take place, without the issue or service of any further summons, order, civil summons, recognisance or notice. † Courts of Justice Act 1953 [s. 27
(3)]. *4. Notwithstanding the provisions of rule 3, where there is no sitting of the Court on the day to which a person is remanded in custody, such person shall stand remanded to the sitting of the Court next held in the same District Court district, and the Clerk shall forthwith transmit to the Governor of the prison or to the person in charge of the remand institution where such person is detained the certificate specified in Order 19, rule 2
(5)(a) of these Rules at Form 19.3, Schedule B. * Criminal Procedure Act 1967 [s. 24
(5)]. ORDER 3 LANGUAGE Either the National language or the English language may be used in any court document or at the hearing of any cause or matter. ORDER 4 MODE OF ADDRESS A Judge shall be addressed in court as "A Bhreithimh" or as "Judge". ORDER 5 JUDGES' ROBE
  1. The Judges shall, during the sittings of the Court, wear a black coat and gown of uniform nature and material and white bands.
  2. A Judge, when hearing and determining such proceedings as are referred to in section 45
(1)of the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989) or proceedings involving a child or young person (within the meaning of the Children Acts, 1908 to 1989), shall not wear such gown or bands. ORDER 6 RIGHT OF AUDIENCE Persons entitled to appear and address the Court
  1. The following persons shall be entitled to appear and address the Court and conduct proceedings— ( a ) any party to the proceedings; or ( b ) a solicitor for such party; or ( c ) a counsel instructed by the solicitor for such party; or ( d ) where the proceedings are in relation to the taxes and duties under the care and management of the Revenue Commissioners, or in relation to any fine, penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts, a duly authorised officer of the Revenue Commissioners or the Revenue solicitor; or ( e ) in proceedings at the suit of the Director of Public Prosecutions in respect of an offence, the said Director or any member of the Garda Síochána or other person appearing on behalf of or prosecuting in the name of the Director.
  2. Save where otherwise provided by statute or by rules of court, the father, mother, son, daughter, husband, wife, brother or sister of any party may appear on behalf of that party provided that any such person has the leave of the Court to appear and be heard and that the Court is satisfied that the party is, from infirmity or other unavoidable cause, unable to appear. ORDER 7 MINORS AND OTHER PERSONS UNDER DISABILITY Construction
  3. In this Order— "minor" shall be construed in accordance with the provisions of section 3 of the Age of Majority Act, 1985 (No. 2 of 1985). Minors — next friend/guardian ad litem
  4. A minor may sue by his or her next friend, and may defend any proceeding by his or her guardian ad litem. In any such case, before the name of any person shall be used in proceedings as next friend or guardian ad litem of the minor, such person shall sign an authorisation in the Form 7.1, Schedule C for that purpose, which shall be lodged with the Clerk together with the civil summons or other originating document or, as the case may be, with a notice of intention to defend. Appointment by the Court
  5. Where any proceedings are brought before the Court on behalf of or against a minor the Court may, if it thinks it expedient so to do, at any stage of the proceedings by an order in writing in the Form 7.2, Schedule C, appoint a next friend or a guardian ad litem to act for and on behalf of such minor, and may at any time replace a person so appointed. Court approval required for acceptance of lodgments, etc. 4.
(1)Where a sum of money has been lodged in court by the defendant in an action for a wrong in which the plaintiff is a minor, an application made to the judge pursuant to section 63
(1)of the Civil Liability Act, 1961 (No. 41 of 1961) by the plaintiff to decide whether that sum of money should be accepted or the action should go to trial may, upon notice to the defendant and the Clerk in the Form 7.3, Schedule C, be made at any sitting of the Court for the court area wherein the action is listed for hearing.
(2)The provisions of Order 41, rule 2
(4)of these Rules shall apply to proceedings brought by or on behalf of a minor, where a settlement, compromise, payment or acceptance of money paid into court therein is proposed. Orders for investment, etc. 5.
(1)The Court may direct that any sum of money or other personal property to which the minor may be declared entitled in such proceedings be secured or invested for the benefit of the minor in such manner as the Court may consider advisable. — interim payments
(2)Unless the Court shall otherwise decide, no interim payment out of any money so secured or invested shall be made save in pursuance of an order of the Court made upon the application of the minor's next friend or guardian ad litem. Such application may be made at any sitting of the Court for the court district wherein the proceedings were heard and determined, upon lodging with the Clerk a notice in the Form 7.4, Schedule C. On attaining full age 6.
(1)Where the minor attains full age while proceedings to which the foregoing rules of this Order relate are still before the Court, application may be made by the former minor's solicitor, next friend or, as the case may be, guardian ad litem at any sitting of the Court for the court area wherein the proceedings are being heard for an order that the plaintiff or defendant, formerly a minor, may proceed or defend in his or her own name. — payment out of sums invested
(2)A person who, on attaining full age, seeks the payment of any sum of money which was secured or invested for his or her benefit under rule 5
(1)hereof or any balance of such sum remaining due, may apply at any sitting of the Court for the court area wherein the proceedings were heard and determined for an order authorising such payment. Notice of the application in the Form 7.5, Schedule C shall be lodged with the Clerk at least two days prior to the date of hearing. The applicant shall, if required at the hearing, produce proof of age in the manner prescribed in rule 7 hereof. — order for payment
(3)On hearing the application the Court may by order direct the payment out to the applicant of any sum of money which the Court is satisfied is due to the applicant, together with accrued interest or dividend thereon (if any), or may make any other order on such application as to the Court shall seem just. Proof of age
  1. A certified extract from the Register of Births showing the date of the minor's birth shall, if required, be produced and proved on behalf of the minor at the hearing of proceedings involving such minor, on an application to have a proposed settlement approved by the Court or on any other application relating to a minor or a person who has lately been a minor. The said date of birth shall be noted in any order of the Court made in any such proceeding or application. Persons of unsound mind
  2. A person of unsound mind may sue by his or her committee or next friend and may defend any proceedings by his or her committee or guardian ad litem and the provisions of this Order, with any necessary modifications, shall apply in appropriate cases and those provisions shall be construed accordingly. Service of documents
  3. Save where the Court otherwise orders, service of documents upon a minor shall be effected in accordance with the provisions (including rule 9) of Order 10 of these Rules, and upon a person of unsound mind in accordance with the provisions (including rule 10) of that Order. ORDER 8 TENDERING OF EVIDENCE Evidence by a witness
  4. Save where any enactment or rule otherwise provides, the evidence of all witnesses in the Court shall be given viva voce and on oath.
  5. In any proceedings a witness who is not a party shall not absent himself or herself from the Court without leave. The Court may, however, order such witness to leave the Court until his or her evidence is required or after such evidence has been given. In civil proceedings facts may be proved by affidavit 3.
(1)In civil proceedings, the Court may at any time, for such reasons as it thinks fit and on such conditions as it thinks reasonable, permit any particular fact or facts to be proved by affidavit or permit the affidavit of any witness to be read at the hearing. The Court shall not, however, grant such permission where it appears that any party to the proceedings bona fide requires the production of a witness for cross-examination and that such witness can be produced. Documents to be marked and returned
(2)A document put in evidence other than an original will, shall be marked by the Clerk and, unless the Judge otherwise directs, shall be returned to the party tendering the same as soon as possible after the hearing. ORDER 9 AFFIDAVITS Affidavits to be made before Commissioners for Oaths
  1. Unless otherwise provided by statute or Rules of Court, an affidavit to be used in the Court shall be made before a Commissioner to administer Oaths for the High Court or, where a person making an affidavit resides outside the State or is for the time being thereout, then an affidavit shall be made before any person duly authorised to administer oaths in the country where such person ordinarily resides or is, and the signature of such person purporting to act as such Commissioner or of the person duly authorised to administer oaths shall be prima facie evidence that such affidavit was duly made. No affidavit to be sworn before the solicitor for the party
  2. No affidavit shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used or before the partner, agent, or clerk of such solicitor or before the said party. ORDER 10 SERVICE OF DOCUMENTS Persons authorised to serve documents Meaning of word "document"
  3. In this Order "document" means a summons, a civil summons, a witness summons, a notice, an order of the Court and such other documents as may be specified by the County Registrar pursuant to the powers vested in him or her. Generally 2.
(1)Where a summons-server stands assigned to a particular court area a document shall be served by such summons-server unless these Rules or statute otherwise provide or unless the Court otherwise directs.
(2)The fee to be paid to a summons-server for the service of any such document shall be the sum of £3.25 (or such other sum as for the time being stands duly fixed by Rule of Court) payable on proof of each separate service effected. 3.
(1)In proceedings by way of summons in which the prosecutor is the Director of Public Prosecutions or an officer or member of the Garda Síochána, a Minister of the Government or a Minister of State or an officer of either such Minister, or an officer of the Revenue Commissioners, a document shall be served by a member of the Garda Síochána, or by any other person or any other means authorised by statute or rules of Court.
(2)A member of the Garda Síochána shall not serve a document in any proceedings in which such member is the person instituting the proceedings. School Attendance Act
  1. In proceedings under the School Attendance Act, a summons or notice may be served by an officer of the appropriate School Attendance Committee. Modes of Service Service generally
  2. Save where otherwise provided by statute or by Rules of Court, service of a document shall be effected upon a person in the State by delivering to that person a copy thereof or by leaving the copy for that person at his or her last or most usual place of abode, or at his or her office, shop, factory, home or place of business with that person's husband or wife, as the case may be or with a child or other relative (apparently residing with that person) of that person or of his wife or her husband as the case may be, or with any agent, clerk, servant or employee of that person, or with the person in charge of the house or premises wherein that person usually resides, provided that the person (other than the person upon whom service is to be effected) with whom the copy is left is not under the age of sixteen years and is not the person instituting the proceedings. Service on a company *6.
(1)A document may be served upon a company by leaving a copy thereof at or sending a copy thereof by post to the registered office of the company or, if the company has not given notice to the registrar of companies of the situation of its registered office, by registering it at the office for the registration of companies.
(2)For the purposes of this rule, any document left at or sent by post to the place for the time being recorded by the registrar of companies as the situation of the registered office of a company shall be deemed to have been left at or sent by post to the registered office of the company notwithstanding that the situation of its registered office may have been changed. Service on local authority, etc.
  1. A document may be served upon a local authority, statutory board or body, or an unincorporated society or club by leaving a copy thereof with any employee of such authority, board, body, society or club at the principal office thereof or by sending such copy by prepaid registered post to such principal office. Service on firm
  2. Where persons are sued as partners in the name of their firm, a copy of the document shall be served either upon any one or more of the partners or at the principal place within the jurisdiction at which the business of the partnership is carried on, upon any person having at the time of service the control or management of the partnership business there; and such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a document against them shall be necessary; provided that in the case of a partnership which has been dissolved to the knowledge of the applicant before the commencement of the action, the document shall be served upon every person within the jurisdiction sought to be made liable. Service on minor
  3. Where the person upon whom service is to be effected is a minor, service upon the father, mother, other guardian or, if there is none, then upon the person with whom the minor resides or under whose care he or she is, or upon his or her solicitor shall unless the Court otherwise decides, be deemed good service upon such minor. Service on lunatic or person of unsound mind
  4. Where the person upon whom service is to be effected is a lunatic or person of unsound mind not so found by inquisition, service upon his or her solicitor or upon the committee of the lunatic or upon the guardian ad litem or the person with whom the person of unsound mind resides or under whose care he or she is, shall, unless the Court otherwise decides, be deemed good service upon such lunatic or person of unsound mind. Service on prisoner
  5. Where the person upon whom service is to be effected is a prisoner or a person detained in a place of detention under the order of any court or tribunal, service upon the governor, director or other person in charge of the prison or place of detention shall, unless the Court otherwise decides, be deemed good service upon such prisoner or person so detained. * Companies Act 1963 [s. 379]. Service on solicitor
  6. Service of a document shall be deemed good service if the Judge is satisfied that a solicitor acting on behalf of the person to be served has accepted service thereof. Such service may be effected by delivering to the solicitor or by leaving at his or her office for, or by sending by post in an envelope to, such solicitor, a copy of the document. Service by registered post, etc. 13.
(1)Whenever and so long as no summons server stands assigned to a particular area, by the County Registrar for the county in which the area is situated, for the service of a document in proceedings to which subsection
(1)of section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971 ) relates, then, unless otherwise provided, such document may be served by registered prepaid post in accordance with the provisions of the said section 7.
(2)In a case of summary jurisdiction to which subsection
(1)of section 22 of the Courts Act, 1991 relates, a summons may be served upon the person to whom it is directed— ( a ) by sending, by registered prepaid post, a copy thereof in an envelope addressed to that person at his or her last known residence or most usual place of abode or at his or her place of business in the State, or ( b ) by delivery by hand, by a person (other than the person on whose behalf it purports to be issued) authorised by these Rules in that behalf, of a copy thereof in such an envelope as aforesaid, and the provisions of the said section 22 shall apply in every such case. Where the Court has proceeded to hear a complaint or accusation to which the summons relates and such person claims not to have had notice of the summons or the hearing to which it relates, application pursuant to section 22
(6)of the said Act to have the proceedings set aside may be made in accordance with that section and rule 23 of this Order. Substituted service, etc. 14.
(1)Wherever the Court is satisfied upon ex parte application made in that behalf, that, for good cause shown, service of a document cannot be effected in a manner or in any manner prescribed by these Rules, it may make an order for substituted or other service or for the substitution for service of notice by advertisement or otherwise. Particulars of such order shall be endorsed on the original and each copy of the document to be served.
(2)Where the Court is satisfied that any particular mode of service prescribed is at any time not then available, it may by order in writing direct that the service of documents or of any particular class of documents be effected in such other manner as it thinks proper. Such direction shall be retained by the Clerk and shall remain in force until the said mode of service is again available or until the direction is revoked by the Court.
  1. The Court may, if it sees fit so to do, deem the service of any document actually effected in any proceedings, even though not effected in a manner prescribed by these Rules, to be good and effected service. Proof of Service
  2. A person who serves a document shall either prove the service by evidence given orally before the Court or make, before a Judge or a Peace Commissioner, a statutory declaration as to service, in the Form 10.1, 10.2, 10.3 or 10.4, Schedule B, as the case may be.
  3. Where a statutory declaration is made, and lodged under rule 21 hereof, it shall be prima facie evidence of the mode, time and place of service as therein set out and it shall not be necessary for the person effecting service to attend in person at the Court to depose to such service, but the Court may, if it thinks fit, require the person who effected service to attend before it and give evidence touching such service notwithstanding the making of such statutory declaration. 17A. When service of a document upon a person has been effected by registered prepaid post, such service may be proved by a statutory declaration, in the Form 10.1 or 10.2, Schedule B, as the case may be, which shall be made not earlier than ten days after the day on which the envelope containing the copy of the document for service was posted. Such declaration shall be made by the person who posted the envelope, shall exhibit the certificate of posting, shall state, where appropriate, that the original document was duly stamped at the time of posting, and that the envelope has not been returned undelivered to the sender.
  4. Where service of a document is effected by registered prepaid post or by ordinary prepaid post the document shall be deemed to be served upon the person to whom it was directed at the time at which the envelope containing the copy for service would be delivered in the ordinary course of post. The document shall, unless otherwise provided, be deemed to be issued at the time at which the envelope was posted. Document to be stamped
  5. Where a document is required by law to be stamped, service thereof shall have no effect or validity unless, at the time of such service, the original document was so stamped. Time for service and lodgment of documents
  6. Save where otherwise provided by statute or by Rules of Court, a document which is required to be served shall be served at least seven days or, in the case of service by registered prepaid post, at least twenty-one days, before the date fixed for the hearing. Time for lodgment
  7. A document intended for entry for hearing shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least four days before the date fixed for the hearing. Late entries
  8. No document shall be received or entered by the Clerk after the time specified by these Rules without the order of the Judge, and any late entry shall be made in accordance with such direction as the Judge may give. In a case of summary jurisdiction, — application to have proceedings set aside Where no notice of summons or of hearing was received 23.
(1)In this rule— "the Act of 1851" means the Petty Sessions (Ireland) Act, 1851 ; "the Act of 1986" means the Courts (No. 3) Act, 1986 (No. 33 of 1986); "the Act of 1991" means the Courts Act, 1991 (No. 20 of 1991).
(2)Where a summons has been issued under section 11
(2)of the Act of 1851 or section 1 of the Act of 1986 and the Court has proceeded to hear the complaint or accusation to which the summons relates and the person to whom the summons is directed intends to apply pursuant to section 22
(6)(a) of the Act of 1991 to have the proceedings set aside on the ground that he or she did not receive notice of the summons or of the hearing to which the summons relates, such application may be made at any sitting of the Court for the transaction of summary business for the court area wherein the hearing to which the summons relates has taken place. Where the application is not made within twenty-one days after the said summons or hearing comes to the notice of the applicant, a further period within which to make the application may be sought ex parte at any sitting of the Court for the said court area.
(3)Notice of such application to have proceedings set aside shall be in the Form 10.5, Schedule B, and when completed, shall forthwith be lodged with the Clerk for the said court area.
(4)Upon receipt of the notice the Clerk shall enter and, having regard to the provisions of section 22
(6)(b) of the said Act of 1991, shall list the matter for hearing and give, or send by ordinary post, to the applicant and the opposing party named in the proceedings a notice in the Form 10.6, Schedule B.
(5)The order of the Court on hearing the application shall be in the Form 10.7, Schedule B. ORDER 11 SERVICE OUT OF THE JURISDICTION PART I — GENERAL Definitions 1. In this Order— "Central Authority", when used in relation to the State, means the Master of The High Court and, when used in relation to any other State which is a party to the Hague Convention means the authority or authorities so designated by that State under Article 2 of that Convention to receive requests for the service of documents; "document" includes an extrajudicial document; "The Hague Convention" means the Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; "jurisdiction" shall mean the jurisdiction of the State. Cases in which may be allowed 2. Service out of the jurisdiction of a civil summons or other originating document, or of notice thereof, may be allowed by the Court in the following cases— ( a ) in proceedings for ejectment where the premises sought to be recovered are within the jurisdiction; ( b ) in proceedings founded on a contract where such a contract is (
  1. i)made within the jurisdiction, or (
  2. ii)made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or (iii) by its terms or implications to be governed by Irish Law; ( c ) in proceedings brought in respect of a breach committed within the jurisdiction of a contract wherever made, even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction; ( d ) in proceedings founded on a tort committed within the jurisdiction; ( e ) where any relief is sought against a person domiciled or ordinarily resident within the jurisdiction; ( f ) where any person out of the jurisdiction is a necessary or proper party to an action properly brought against another person duly served within the jurisdiction; ( g ) in proceedings relating to a minor or person of unsound mind domiciled in, or a citizen of Ireland. How application to be made 3. An application for leave to serve a civil summons or other originating document, or notice thereof, upon a person out of the jurisdiction shall be made ex parte and shall be supported by an affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such person is or probably may be found, and whether such person is or is not a citizen of Ireland, and the grounds on which the application is being made. No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order. Court to fix date of hearing 4. Upon granting such an application, the Court shall fix the date of hearing of the proceedings, and in so doing shall have regard to the place or country where or within which such summons, document or notice is to be served. Where person to be served 5. Whenever an order is made granting leave to serve out of the jurisdiction under the provisions of this Order, — is a citizen of Ireland
(1)if the person to be served is a citizen of Ireland, the civil summons or other originating document (together with any other document required in any particular case to be served) shall be served upon that person; — is not a citizen of Ireland
(2)if the person to be served is not, or is not known or believed to be, a citizen of Ireland, notice of the civil summons or other originating document, and not the summons or document itself, (together with any other document required in any particular case to be served) shall be served upon that person; Copy of order granting leave must also be served
(3)it shall be necessary in all cases to serve a copy of such order granting leave together with the civil summons or other originating document or notice thereof referred to in paragraphs
(1)and
(2)hereof. How service to be effected 6. ( a ) Whenever leave is granted under this Order to serve out of the jurisdiction a civil summons or other originating document, or notice thereof, such service shall be effected by registered post or by insured post, as appropriate, or by such other method as the Court shall determine. ( b ) When service is being effected by registered post, application for an advice of delivery should be made to the postal authorities at the time of posting. Proof of such service by post shall be by the production of a statutory declaration as to service, the certificate of posting and the advice of delivery form (when returned), which documents shall be lodged with the Clerk together with the originals of the documents which were posted. Such service shall be deemed to have been effected at the time at which the envelope containing the copy civil summons or other originating document or copy of the notice thereof, and the copy of the order granting leave to serve out of the jurisdiction (and copy of any other document required to be served) would have been delivered in the ordinary course of post. In cases where The Hague Convention applies ( c ) In a case where the person to be served is in another State which is a party to The Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, service shall be effected in accordance with the provisions of that Convention (which may include service by post under paragraph (
  1. a)hereof provided the State of destination has not made an objection to such service under Article 10 (
  2. a)of The Hague Convention. PART II — SERVICE UNDER THE HAGUE CONVENTION Hague Convention procedure 7. Where any document for use in civil or commercial proceedings in the District Court is to be served upon a person in any other State which is a party to The Hague Convention, that document shall be served in accordance with the provisions (including Articles 8 to 11) of that Convention. Party to lodge documents with Master 8. Any party to any proceedings of a civil or commercial nature or a solicitor acting for any such party or, as the case may be, any district court clerk who wishes to have a document served abroad pursuant to The Hague Convention may lodge with the Central Authority, i.e. the Master of The High Court. ( a ) a request for service of the document, in the form specified in the Annex to that Convention, and a copy thereof. ( b ) two copies of the document to be served, with an additional copy thereof for each person to be served. ( c ) a translation of each document into the official language or one of the official languages of the State addressed, unless that document is already in one of those languages. ( d ) an undertaking to pay the costs of service, payment or reimbursement of which is or may be sought by the Central Authority of the State addressed under Article 12 of that Convention, and the relevant provisions of Order 11B of the Rules of the Superior Courts (inserted by the Rules of the Superior Courts (No 3), 1994) shall apply in every such case. Certificate of service 9.
(1)A certificate of service completed and forwarded under Article 6 of The Hague Convention by the Central Authority of the State addressed or any authority which it may have designated for that purpose shall be prima facie evidence of the facts stated therein. A document purporting to be such a certificate shall, until the contrary is proved be deemed to be such a certificate. to be lodged with Clerk
(2)Upon receipt of the said certificate the plaintiff (or solicitor for the plaintiff) shall lodge with the clerk the original of the document instituting the proceedings (and, where appropriate, the notice thereof) and the said certificate at least four days prior to the date fixed for the hearing. Procedure on non appearance of defendant 10.
(1)Where a document instituting proceedings (or notice thereof) had to be transmitted abroad for the purposes of service under the provisions of The Hague Convention and the defendant has not appeared or given notice to defend, judgment shall not be given until it is established that ( a ) the document or notice was served by a method prescribed by the internal law of the State addressed for the service of documents in domestic actions upon persons within its territory, or ( b ) the document or notice was actually delivered to the defendant or to the defendant's residence by another method provided for by that Convention, and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendant to defend.
(2)At the hearing of the proceedings the Clerk shall produce to the Court any communication or correspondence received from the defendant. Judgment may be given notwithstanding r.7
(1)11. Notwithstanding the provisions of rule 10
(1)hereof, the court may give judgment even if no certificate of service or delivery as provided by The Hague Convention has been received, if all the following conditions are fulfilled— ( a ) the document or notice thereof was transmitted by one of the methods provided for in that Convention, ( b ) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document or notice, ( c ) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed. Time for appeal may be extended
  1. In any case where the document instituting proceedings to which this Order relates (or notice thereof) had to be transmitted abroad for service under the provisions of The Hague Convention and judgment has been given against a defendant who has not appeared, any application by or on behalf of such defendant to extend the time for appeal from the judgment shall be by motion on notice and shall be grounded upon the affidavit of the moving party. Upon hearing the application the court may, if satisfied that— ( a ) the application was made within a reasonable time after the defendant had knowledge of the judgment and ( b ) the defendant without any fault on his or her part, did not have knowledge of the documents in sufficient time to defend or, as the case may be, knowledge of the judgment in sufficient time to appeal and ( c ) the defendant had disclosed a prima facie defence to the action on the merits, extend the time for appeal from the judgment on such terms and conditions as to the Court seem just. ORDER 12 MISCELLANEOUS Abridgement or extension of time for service or lodgment
  2. A Judge may whenever he or she thinks fit abridge or extend the time provided by these Rules for the service or lodgment for entry of any summons or civil summons. A note of the abridgement or extension of the time for service shall be endorsed on the original summons and on the copy issued for service and shall be signed by the Judge. Amendments
  3. A Judge may amend any summons, civil summons, notice or counterclaim by adding or striking out parties or by amending such other defects and errors in any such document as may be necessary for the purpose of determining the real question at issue between the parties. Such amendments may be made in such manner as the Judge directs and upon such terms as the Judge thinks fit. If in the opinion of the Judge, the amendment is one which might prejudice any party to the proceedings in the merits of that party's case, he or she may make the amendment and, if necessary, adjourn the case or may refuse to make any such amendment and, if necessary, dismiss the proceedings. Enlargement or abridgement of time 3.
(1)Save where such time is appointed by statute, and subject to paragraph
(2)of this rule, a Judge may upon such terms as he or she thinks fit enlarge or abridge the time appointed by these Rules, or fixed by the Judge under this rule, for doing any act or taking any proceeding, and any such enlargement or abridgement may be made although the application for the same is not made until after the expiration of the time appointed or fixed. The Judge may declare any step taken or act done to be sufficient even though not taken or done within the time or in the manner prescribed by these Rules. Notices requiring Case Stated not capable of enlargement
(2)The times limited by these Rules for lodging a notice requiring a Case Stated and for entering into a recognisance conditioned to prosecute without delay such Case Stated shall not be capable of enlargement under paragraph
(1)of this rule. Documents lost or destroyed — duplicate to issue
  1. Where it appears to the Court that an original decree, dismiss, order or warrant has been lost or destroyed or that the same is improperly in the hands of the opposite party or of a person not entitled to it, or that it is unavailable to the parties by reason of its being in the hands of the County Registrar, Governor of a prison or other officer entitled to hold the same, the Court may issue a duplicate of such decree, dismiss order or warrant. Application for such duplicate shall be made on forty-eight hours' notice to the opposite party and to the Clerk. Where the Judge permits the issue of the duplicate decree, dismiss, order or warrant, as the case may be, there shall be clearly written or stamped upon the face of the same the word "Duplicate". Time for giving of notice
  2. Before any application, other than an ex parte application or an application for an adjournment, is made to the Court, the applicant shall, unless any statute or rule otherwise provides, give at least forty-eight hours' notice in writing to the Clerk of the Court at which such application is to be made. How notice may be given to Garda Superintendent
  3. Where under these Rules notice is required to be given to a Superintendent of the Garda Síochána the same may be given by leaving the notice with such Superintendent or with the officer in charge of the Garda Síochána station for which such Superintendent acts or by forwarding the same by prepaid post to such Superintendent and, in such latter case, the date of receipt shall be the day of the actual receipt of the notice by the Superintendent. How notice may be given to Clerk, etc.
  4. Where under these Rules notice is required or authorised to be given to the Clerk or other parties the same may be given by leaving the notice with such Clerk or other parties or by forwarding the same by prepaid post and in such latter case the date of receipt shall be the day of the actual receipt of the notice. Notices to be in writing
  5. All notices required by these Rules to be given shall be in writing unless expressly authorised by the Court to be otherwise given. Remission of fees by Judge
  6. A Judge may, in any case where he or she is satisfied of the inability of the party liable thereto to pay the fees or any of the fees prescribed in respect of proceedings in the Court, remit in whole or in part the fees payable in respect of any document or documents, and on the occasion of every such remission shall make a note of such remission on the document or documents upon which the fees shall have been remitted, and shall sign such note. Last day Saturday, Sunday or office closed
  7. Where the time for doing any act or taking any proceeding expires on a Saturday, a Sunday or other day on which the offices of the Court are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open. Proceedings by summons for recovery of money
  8. Where under any statute proceedings for the recovery of any sum of money claimed to be due are directed to be brought summarily or in the District Court or before a Judge, and neither the statute in question nor any other enactment nor any of these or any other Rules lays down the procedure to be followed in bringing the proceedings, such proceedings shall be brought by summons and not by civil summons. Newspaper Notices
  9. The Court shall, where necessary, determine in which newspaper shall be inserted any notice which may from time to time be required in any action or matter. No procedure
  10. Where no provision is made in any statute or Rules of Court governing practice and procedure in a particular proceeding the Court may adopt such procedure as it shall consider appropriate. Practice and Procedure in Metropolitan District to continue
  11. Notwithstanding the provisions of these Rules, it shall be lawful in the Dublin Metropolitan District to continue any practice or procedure now in force in that district either in addition to or in substitution for any practice or procedure laid down by these Rules. All Clerks competent to perform duties
  12. Where more than one Clerk is assigned to a court area every such Clerk shall be competent to perform all and any of the duties of a Clerk of the Court, and the Principal Clerk in such court area or, in the Dublin Metropolitan District or in the district including Cork City, the Chief Clerk, may make such division of duties among the Clerks assigned to such court area or district, as appropriate, as he or she thinks proper. Size of documents
  13. All documents and forms for lodgment in the Court or for service in connection with proceedings in the Court, except accounts, maps and plans, shall be written, printed or typewritten on paper of A4 size. Slip Rule
  14. Clerical mistakes in decrees, orders or warrants, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court. Minute Book 18.
(1)The Clerk of each court area shall keep a book, to be known as the Minute Book, in which shall be entered all the cases, other than those in which particulars of the offences are entered on charge sheets, which are for hearing at sittings of the Court for that court area. Decision of Court to be recorded
(2)To enable effect to be given to the decision of the Court and to enable an order to be drawn up if required, the Judge shall, upon pronouncing his or her decision, cause a memorandum of that decision to be made in the minute book or charge sheet, as appropriate, and the Clerk shall attach a note of the decision to the relevant court-file. No alteration shall be made to the said memorandum except by the Judge who made it. Recognisance by body corporate
  1. A body corporate may, in any case in which a recognisance is required by these Rules, enter into such recognisance by its agent duly authorised for that purpose. Such authority shall empower the agent (who shall be a director, manager or other responsible officer of the body corporate) to bind the body corporate to perform and comply with all and any of the conditions of the recognisance and shall acknowledge the legal liability of the body corporate in the event of its failing to perform or comply with any condition thereof. A copy of a resolution of the board of directors or the managing committee of the body corporate purporting to be signed by the chairman for the time being of such board or committee shall be prima facie evidence of the appointment and authority of such agent. The Judge may, if he or she thinks fit, exempt such body corporate from the necessity for entering into such recognisance. Exemptions from entering into recognisance
  2. Any provision of these Rules requiring an appellant to the Circuit Court or an applicant for a case stated to enter into a recognisance shall not apply to the Attorney General, the Director of Public Prosecutions, the Director of Consumer Affairs and Fair Trade, any Minister of the Government or any Minister of State or an officer of either such Minister, an officer or member of the Garda Siochana acting in an official capacity, or to an officer of the Revenue Commissioners acting in an official capacity. Interest on lodgments
  3. Where a lodgment of a sum of money not less than £150 is made, the person making the lodgment may by notice, in the Form 18.5 Schedule B, request the Clerk to place the money on a deposit account and such person shall be entitled, where the lodgment is being refunded, to receive payment of any interest which accrued due thereon. The interest shall not form part of the lodgment. Value-added tax
  4. There shall be added to the costs awarded in any proceeding any sum payable by way of value-added tax on such costs by the party to whom they are awarded where, and only where, such party establishes that such sum is not otherwise recoverable. 23 Schedules and forms
  5. The schedules to these Rules shall be taken to be part of the Rules and all forms therein contained shall be deemed valid and sufficient in law, and shall be the proper forms to be used, even when other and different forms shall be or have already been provided by any statute or other enactment under which the proceedings are brought. No departure from any of the forms in the said schedules, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which such forms relate, if the form or the words used be otherwise sufficient in substance and effect. Reference to and modification of forms
  6. Wherever mention is made in these Rules of a form immediately followed by a number and a Schedule, the reference is to be read as a reference to a form denoted by that number in the said Schedule; and every reference to any such form shall be construed to mean a reference to such modification of the form in the said Schedule as may be suitable for use in the particular proceeding or matter. It shall be sufficient in any such form to state sums of money, dates and other numbers either in figures or in words. Non-compliance with Rules
  7. Non-compliance with any of these Rules shall not render any proceedings void, but in case of such non-compliance, the Judge 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 or upon such terms as the Judge thinks fit. Where no form provided
  8. Where no form is provided by statute or by rules of Court the parties or the Court shall frame the form, using as guides the forms contained in the Schedules to these Rules. PART II CRIMINAL PROCEEDINGS ORDER 13 VENUE *
  9. Criminal proceedings shall be brought, heard and determined either— ( a ) in the court area wherein the offence charged or, if more than one offence is stated to have been committed within a Judge's district, any one of such offences is stated to have been committed; or ( b ) in the court area wherein the accused has been arrested, or ( c ) in the court area wherein the accused resides, or ( d ) in the court area specified by order made pursuant to the provisions of section 15 of the Courts Act, 1971 . Indictable offences
  10. Where the proceedings are in respect of indictable offences such proceedings may be dealt with in any court area within the Judge's district. Summary proceedings where accused is in custody
  11. Where the proceedings are in respect of summary offences and the accused is in custody and is unable to give bail for his or her appearance at a sitting of the Court such proceedings may be heard and determined in any court area within the Judge's district. Power of Judge
  12. Nothing in this Order shall limit the power of a Judge to adjourn a case from one court area to another, nor restrict any statutory power conferred upon or vested in a Judge to exercise his or her jurisdiction in any court area other than in one of those mentioned in this Order. * Courts of Justice Act 1924 [s. 79] and District Court (Areas) Order,
  13. ORDER 14 ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS Proceedings to be in open Court *
  14. Save where otherwise provided by law, the place in which the Court shall sit for hearing summary proceedings and for the preliminary examination of indictable offences shall be deemed an open court to which, subject to the provisions hereinafter contained, the public generally may have access so far as the same can conveniently accommodate them. Power to exclude public †
  15. In any criminal proceedings for an offence which is, in the opinion of the Court, of an indecent or obscene nature, the Court may, subject to rule 4 hereof, exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may in its discretion permit to remain. ‡
  16. During the conduct of a preliminary examination where the Court is satisfied, that, because of the nature or circumstances of the case or otherwise in the interests of fair procedures it is desirable, to do so, the Court may, subject to rule 4, exclude the public or any particular portion of the public or any particular person or persons, except bona fide representatives of the Press, from the Court during the hearing. §
  17. In any criminal proceedings— ( a ) where the accused is a person under the age of twenty-one years, or ( b ) where the offence is of an indecent or obscene nature and the person with or against whom it is alleged to have been committed is under that age or is a female, a parent or other relative or friend of that person shall be entitled to remain in Court during the whole of the hearing. Prohibition of publication of proceedings
  18. No person shall publish or cause to be published any information as to any particular preliminary examination other than a statement of the fact that such examination in relation to a named person on a specified charge has been held and of the decision thereon or such information as the Judge permits to be published at the request of the accused. Form of certificate
  19. A certificate pursuant to section 17
(2)of the Criminal Procedure Act, 1967 , shall be in accordance with Form 14.1 Schedule B. *Article 34 of the Constitution of Ireland and Criminal Procedure Act, 1967 [s.16
(1)]. † Criminal Justice Act, 1951 [s.20
(3)]. ‡ Criminal Procedure Act, 1967 [s. 16
(2)]. § Criminal Justice Act, 1951 [s. 20
(4)]. Criminal Procedure Act, 1967 [s. 17
(1),
(3)]. ORDER 15 *ISSUE OF SUMMONSES ALLEGING OFFENCESS 1 Making of complaint to, and issue of summons by a Judge. 1.
(1)Where in the first instance a summons is sought pursuant to section 10 of the Petty Sessions (Ireland) Act, 1851 to require the attendance before the Court of a person against whom a complaint is made, the complaint shall be made to a Judge and may be made with or without oath as the Judge shall direct.
(2)Where the complaint is made on oath it shall be made by sworn information (Form 15.3 Schedule B).
(3)Having received such complaint, the Judge may issue a summons (Form 15.1 Schedule B) in any case in which that Judge has jurisdiction in the district to which he or she is assigned. Application to, and issue of summons by Court Office. 2.
(1)When, upon application made to an office of the District Court pursuant to section 1
(4)of the Courts (No. 3) Act, 1986 for the issue of a summons in relation to an offence, a summons is issued, such summons shall be in the Form 15.2 Schedule B.
(2)A Clerk shall issue such summons or cause it to be issued if such Clerk is assigned to any court area in the district in which a Judge has jurisdiction in relation to the offence to which the summons relates. Contents of summons and Court to which returnable. 3.
(1)A summons shall state shortly in ordinary language particulars of the cause of complaint or the offence alleged and shall state the name and address of the person against whom the complaint has been made or who is alleged to have committed the offence.
(2)A summons issued by an office of the District Court and to which rule 2
(1)of this Order relates shall also notify such person that he or she will be accused of that offence at a sitting of the District Court to be specified in the summons.
(3)Every summons shall require the appearance of the person to whom it is directed at a sitting of the Court having jurisdiction to deal with the complaint or the offence alleged, provided that the court at which such person is required to appear shall— ( a ) where the summons is issued by a Judge, be a court within the area of jurisdiction, of that Judge, or ( b ) where the summons is issued or caused to be issued by a Clerk, be a court within the district in which a Judge has jurisdiction in relation to the offence to which the summons relates. 4. Two or more complaints or offences may be alleged in the one summons. *Provisions relating to the issue of summonses in matters other than criminal matters are contained in Order 99 of these Rules. Signing of summonses 5.
(1)A summons issued by a Judge shall be signed by the Judge who issues it and no summons shall be signed in blank.
(2)A summons against a person who is a member of the Garda Síochána shall be signed by a Judge.
(3)( a ) Where a summons is signed by a Judge such summons shall not be avoided by reason of the death of that Judge or by reason of his or her ceasing to hold office. ( b ) Where a summons is issued by an office of the District Court such summons shall not be avoided by reason of the death of the Clerk whose name appears on the summons or by reason of his or her ceasing to hold office. Copies for service
  1. There shall be issued with every summons a copy thereof for service upon each person to whom the summons is directed. May be served in any part of the State
  2. A summons may be served in any part of the State and upon service being effected in a manner prescribed by these Rules, the person against whom the complaint is made or the offence is alleged shall be as effectively bound by the proceedings as if he or she resided within the area of jurisdiction of the Judge issuing it or within the limits of the court area or areas for which the Clerk issuing it or causing it to be issued has been assigned.
  3. Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of a number of different acts in the alternative, or states any part of the offence in the alternative, the acts, omissions or other matters stated in the alternative in the enactment may be stated either in the alternative or in the conjunctive in the summons alleging such offence.
  4. In alleging an offence contrary to any statute or statutes it shall be sufficient to state the substance of the offence in ordinary language with such particulars of the offence as may be necessary for giving reasonable information as to the nature of the complaint, and it shall not be necessary to negative any exception or exemption from or qualification to the operation of a statute creating such offence. Summons in lieu of a warrant
  5. Where under Order 16, rule 1
(1)of these Rules a warrant is sought for the arrest of a person charging that person with having committed an indictable offence a Judge may, if he or she thinks fit, instead of issuing a warrant issue a summons requiring the appearance of that person, notwithstanding that the complaint had been made by information on oath and in writing. A Judge who has issued such summons may at any time (the complaint having been made by information) issue a warrant for the arrest of that person. ORDER 16 ISSUE OF WARRANTS CHARGING OFFENCES Application for, and issue of warrant. 1.
(1)Where in the first instance a warrant is sought for the arrest of a person charging him or her with having committed an indictable offence, the complaint shall be made to a Judge and shall be made by information on oath and in writing (Form 15.3 Schedule B).
(2)Having received such complaint, the Judge may issue a warrant (Form 16.1 Schedule B) if the offence is stated to have been committed, or if such person resides, within the Judge's district.
(3)A Judge may issue such warrant whether the information has been sworn before him or her or before another Judge. Where the information has been sworn before another Judge, the duly completed information shall be produced to the Judge issuing the warrant.
(4)Any such information may be sworn and any such warrant may be issued or executed on any day and at any time. Signing of warrants 2.
(1)A warrant shall be signed by the Judge who issues it and no warrant shall be signed in blank.
(2)A warrant shall not be avoided by reason of the death of the Judge who signed it or by reason of his or her ceasing to hold office. O.15, rr. 8 and 9 to apply to warrants.
  1. The provisions of Order 15, rules 8 and 9 of these Rules shall apply to warrants charging offences and those provisions shall be construed accordingly. Summons in lieu of warrant, but warrant may issue at any time.
  2. Having received a complaint to which rule 1
(1)of this Order relates, a Judge may issue a summons instead of a warrant notwithstanding that the complaint had been made by sworn information. A Judge who has issued such summons may at any time (the complaint having been made by sworn information) issue a warrant for the arrest of the person to whom the summons was directed. Power to arrest without warrant — warrant may still issue.
  1. Where at common law or under any statute there is power to arrest a person without a warrant, a warrant for his or her arrest may be issued in accordance with the provisions of rule 1 of this Order. Where suspect is within Judge's jurisdiction Judge may issue warrant
  2. Where a complaint is made to a Judge that a person has committed or is believed to have committed, outside the jurisdiction of such Judge, any indictable offence and that such person is, or is suspected to be, within the limits of the jurisdiction of such Judge, the Judge may, upon the complaint being made on oath and in writing, issue a warrant (Form 16.1 Schedule B) for the arrest of the said person. Binding over of informant
  3. Where an information is made on oath and in writing, the Judge before whom it is made may, if he or she thinks fit, bind the informant by recognisance to appear at the Court where the person against whom the compliant was made is to be tried or the compliant is to be heard and at any adjournment thereof to give evidence in the matter of the said compliant. ORDER 17 PROCEDURE ON ARREST Particulars to be set out in charge sheet 1.
(1)Whenever a person is arrested and brought to a Garda Síochána station, and is being charged with an offence, or where an offence is alleged against a person who is already on remand to the Court and a summons in respect of the offence is not issued, particulars of the offence alleged against that person shall be set out on a charge sheet (Form 17.1 Schedule B).
(2)When particulars of any offence are set out on a charge sheet in accordance with this rule, a copy of the particulars shall be furnished as soon as may be to the person against whom the offence is alleged.
(3)A charge sheet to which this rule applies shall be lodged as soon as possible with the Clerk for the court area in which the case is to be heard. Person arrested to be brought before a Judge as soon as practicable *2.
(1)A person arrested pursuant to a warrant shall on arrest be brought before a Judge having jurisdiction to deal with the offence concerned as soon as practicable.
(2)A person arrested without warrant shall, on being charged with an offence, be brought before a Judge having jurisdiction to deal with the offence as soon as practicable. *3. Where a person is arrested pursuant to a warrant later than the hour of 10 o'clock on any evening or, having been arrested without warrant, is charged after that hour and a Judge is due to sit in the district in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection
(1)or
(2), as the case may be, of section 15 of the Criminal Justice Act, 1951 if that person is brought before a Judge at the commencement of the sitting. Release on bail in certain cases by members of Garda Síochána †4.
(1)Whenever a person is brought in custody to a Garda Síochána station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance (Form 17.2 Schedule B) with or without sureties approved by that member and in such sum or sums as such member shall determine, for his or her due appearance before the Court at the appropriate time and place or at any adjournment thereof.
(2)A sum of money equivalent to the amount of bail may be accepted in lieu of a surety or sureties. In such cases the recognisance (Form 17.3 Schedule B) and the money shall be deposited by the member of the Garda Síochána receiving it with the Clerk of the Court before which the person is bound by the recognisance to appear. * Criminal Justice Act, 1951 [s. 15] as amended. † Criminal Procedure Act, 1967 [s. 31].
(3)The recognisance may be entreated in the like manner as a recognisance entered into before a Judge is estreated.
(4)This rule does not apply to a person arrested under section 251 of the Defence Act, 1954 , on suspicion of being a deserter or an absentee without leave from the Defence Forces.
(5)A recognisance taken under this rule shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear. Release on bail in pursuance of endorsement *
  1. Where a person is arrested on a warrant containing an endorsement directing the release of that person on his or her entering into a recognisance the sergeant or other member of the Garda Síochána in charge of any station to which on arrest the person named in the warrant is brought shall discharge that person upon his or her entering into a recognisance, with or without sureties approved by that member, in accordance with the endorsement.
  2. A recognisance of an accused and of the sureties, if any, under this Order may be taken on any day and at any time. * Criminal Procedure Act, 1967 [s. 30
(2)]. ORDER 18 PROCEDURE ON ADMITTING TO BAIL Admission to bail *
  1. Subject to rule 2 hereof a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge to be a case in which bail ought to be allowed and if such person is to be granted bail it shall be in the discretion of the Judge to determine the amount of bail and whether the bail shall be with or without a surety or sureties and the amount in which each surety shall be bound. Bail in cases of treason, murder, and certain other offences †
  2. A person charged with any of the following offences shall not be admitted to bail except by order of the High Court:— ( a ) treason, ( b ) an offence under section 2 of the Treason Act, 1939 , ( c ) an offence under section 6 of the Offences Against the State Act, 1939 , ( d ) a grave breach such as is referred to in section 3
(1)(
  1. i)of the Geneva Conventions Act, 1962 , ( e ) an offence under section 9 of the Official Secrets Act, 1963 or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State, ( f ) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact. ( g ) an offence under section 7 of the Genocide Act, 1973 . Sufficiency of sureties 3. Before taking a recognisance a Judge shall in every case satisfy himself or herself as to the sufficiency of each person proposed to be accepted as surety. ‡4. Refusal of bail at a particular appearance before the Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial. Release on completion of recognisance §5. Where a Judge grants bail to an accused person who is in custody that person shall on completion of the recognisance (Form 18.1, 18.2 or 18.3 Schedule B as the case may
  2. be)be released if he or she is in custody for no other cause than the offence in respect of which bail is granted. Acceptance of deposit in lieu of sureties 6. Where a Judge decides to admit to bail a person charged with an offence he or she may direct that a sum of money equivalent to the amount of bail be accepted in lieu of a surety or sureties and such person shall be released on the lodgment of the said sum of money with— ( a ) the Clerk of the court area in which the order admitting to bail was made, or ( b ) the Governor of the prison wherein the accused is in custody, as the case may be, unless such person is in custody for a cause other than the offence in respect of which bail is granted. Provided that before being released such person shall himself or herself enter into a recognisance (Form 18.3 or 18.4 Schedule B as the case may
  3. be)in the amount in which it shall have been determined that he or she shall be bound, and the Clerk or Governor receiving such money shall issue a receipt for it and shall complete the certificate of such lodgment on the recognizance. * Criminal Procedure Act, 1967 [s. 28
(1)]. † Criminal Procedure Act, 1967 [s. 29
(1)], as amended. ‡ Criminal Procedure Act, 1967 [s. 28
(2)]. § Criminal Procedure Act, 1967 [s. 28
(4)]. Criminal Procedure Act, 1967 [s. 26].
  1. Any such money received shall be deposited by the Governor receiving it with the Clerk of the court area in which is situate the Court before which such person is to appear.
  2. Where the recognisance is conditioned for the appearance of such person before a Court other than a sitting of the District Court the money shall be deposited by the Clerk or Governor receiving it with the appropriate County Registrar or the appropriate officer of the Central Criminal Court or the Special Criminal Court as the case may be.
  3. The Clerk or Governor, as the case may be, shall give a receipt for the money lodged to the party entering into the recognisance. Repayment of deposit
  4. Upon the condition or conditions of the recognisance being duly fulfilled, the Judge shall give to the party by whom the said sum of money was lodged a certificate (Form 18.6 Schedule B) that the condition or conditions of the said recognisance have been performed, and the said sum shall thereupon be repaid to such party. Consent to bail on committal warrant
  5. Where the recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount of bail required. Where person committed to prison without bail — bail may subsequently be granted
  6. Where on remand or on sending forward for trial or sentence a person is committed to prison without bail the Judge may, at any time prior to the day of the adjourned hearing or the first day of the sittings of the Court to which such person has been sent forward for trial or sentence, determine that such person be admitted to bail, and may by body warrant (Form 18.7 Schedule B) cause such person to be brought before him or her for the purpose of being so admitted to bail, or by certificate (Form 18.8 Schedule B) signify to the governor of the prison his or her consent to bail, stating the amount of bail required. Peace Commissioner may admit to bail in prison
  7. Where a certificate of consent to bail is granted, a Peace Commissioner at the prison or other place wherein the person is in custody shall, on production of the certificate, admit such person to bail as directed by the certificate, at any time before the day of the adjourned hearing if such person is on remand or before the first day of the sittings of the Court before which such person is to be tried or sentenced if he or she has been sent forward for trial or sentence. Taking recognisance of sureties unable to attend
  8. Whenever it is not convenient for a surety to attend at the prison wherein the person is in custody to join with that person in the recognisance then a Judge or Peace Commissioner having jurisdiction in the place where the proposed surety resides may take the recognisance and shall then cause it to be forwarded to the Clerk of the court area wherein the order committing the person was made. Such Clerk shall transmit the recognisance of the surety to the Governor of the prison wherein the person is in custody and thereupon a Peace Commissioner attending at such prison may (upon production of the recognisance already taken from the surety) take the recognisance of such person and admit him or her to bail. Governor to release person on completion of recognisance
  9. Where a Peace Commissioner at a prison admits to bail a person there in custody, and in respect of whom a certificate of consent to bail has been granted, the Governor shall thereupon release such person unless he or she is in custody for a cause other than the offence in respect of which bail is granted. Transmitting recognisance to Clerk
  10. A recognisance taken by a Peace Commissioner shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear. Provisions to apply to witness
  11. The provisions of this Order shall, with any necessary adaptations, apply to a witness who is granted bail or is remanded in custody with of without consent to bail. May be taken at any time
  12. A recognisance of an accused and of the sureties if any, under this Order may be taken on any day and at any time. ORDER 19 REMANDS BY THE COURT Remand by the Court *
  13. Where an accused person is before the Court in connection with an offence the Court may remand the accused from time to time as occasion requires. Where the remand is in custody the warrant of committal shall be in accordance with Form 19.1 Schedule B. Period of remand by the Court †2.
(1)The Court shall not remand a person for a period exceeding eight days, except where this rule otherwise provides.
(2)Where the Court remands a person on bail, it may remand that person for a longer period than eight days if he or she and the prosecutor consent.
(3)Where the Court remands a person in custody (other than on the occasion of such person's first appearance before the Court) it may remand such person for a period exceeding eight days but not exceeding thirty days if he or she and the prosecutor consent.
(4)If the Court is satisfied that any person who has been remanded is unable by reason of illness or accident to appear or to be brought before the Court at the expiration of the period of remand, the Court may, in such person's absence, remand him or her for such further period, which may exceed eight days, as the Court considers reasonable. Where the remand is in custody the warrant of committal shall be in accordance with Form 19.2 Schedule B.
(5)( a ) Where there is no sitting of the Court on the day to which a person is remanded in custody, such person shall stand so remanded to the sitting of the Court next held in the same district court district, and the Clerk shall forthwith transmit to the Governor of the prison or the person in charge of the remand institution where such person is detained a certificate (Form 19.3 Schedule B) informing him or her of the time, date and place of such next sitting. ( b ) Where there is no sitting of the Court on the day to which a person is remanded on bail, such person shall stand so remanded to the sitting of the Court next held in the same district court area. Committal to custody of Garda Síochána ‡3.
(1)The Court may, where it remands a person in custody for a period not exceeding four days, commit such person (Form 19.4 Schedule B) to the custody of a member of the Garda Síochána.
(2)Outside the Dublin Metropolitan Police District the Court, before so remanding such person shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand. * Criminal Procedure Act, 1967 [s. 21]. † Criminal Procedure Act, 1967 [s. 24]. ‡ Criminal Procedure Act, 1967 [s. 25]. Person remanded in custody may be brought before the Court before expiration of period
  1. Where a person has been remanded in custody the Judge may, if it is expedient in the interests of fair procedure by warrant (Form 18.7 Schedule B) order such person to be brought before him or her at any time before the expiration of the period for which such person has been so remanded, for the further hearing of the charge. Persons on bail — hearing may be brought forward
  2. Where a person is remanded on bail to appear at a specified time and place, the Judge may at any time order such person to appear before him or her at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge, and the Clerk shall notify the prosecutor and that person accordingly. ORDER 20 ARREST OF PERSON ABOUT TO ABSCOND Arrest of person about to abscond *1.
(1)Where a person charged with an offence has been admitted to bail the Court may, if it thinks fit, on the application of the surety or any of the sureties of the accused, or of a member of the Garda Síochána, and upon information (Form 20.1 Schedule B) being made in writing and on oath by or on behalf of such surety or member that the accused is about to abscond for the purpose of evading justice, issue a warrant (Form 20.2 Schedule B) for the arrest of the accused.
(2)When arrested the accused shall be brought before a Judge.
(3)If the accused is brought before a Judge otherwise than at a sitting of the Court for the district in which the order sending him or her forward for trial was made or, if the accused is on remand, of the Court before which he or she was bound by recognisance to appear, the Judge shall remand him or her (Form 20.3 Schedule B) to appear before such sitting as aforesaid and for this purpose the Judge shall have the powers of remand conferred on the Court by Part III of the Criminal Procedure Act, 1967 (No. 12 of 1967).
(4)The Court sitting as aforesaid may commit the accused to prison to await his or her trial or until he or she enters into a fresh recognisance or, if the accused is on remand, further remand him or her (Form 20.4 or 20.5, Schedule B, as the case may be). * Criminal Procedure Act, 1967 [s. 33]. ORDER 21 ATTENDANCE OF WITNESSES Attendance of witness may be procured by summons 1.
(1)Any party desiring the attendance of any person to give evidence or to produce any accounts, papers, documents or things to the Court, may apply for, and the Judge, Clerk or a Peace Commissioner may issue, a witness summons (Form 21.1 Schedule B) requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein. Court may order issue of summons
(2)In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Court may issue or direct the issue of the summons or otherwise deal with the matter in such manner as to it shall seem just. Signing and service of summons
(3)Such summons shall be signed by the Judge, Clerk or Peace Commissioner issuing it, and with it there shall also be issued a copy for service upon each person to whom it is directed, and such copies shall be served at least three clear days before the date fixed for the hearing of the complaint. Service effective in any part of State
(4)Such summons may be served in any part of the State and upon service being effected, the witness shall be as effectively bound thereby as if he or she resided within the area of jurisdiction for issuing summonses of the Judge, Clerk or Peace Commissioner who issued it. Failure to attend or evading service—warrant may issue
(5)Where a person to whom such summons is directed fails to attend at the time and place appointed and no just excuse is offered for such failure, then upon proof in the manner provided by these Rules that such summons was duly served upon such person, or upon an information (Form 21.2 Schedule B) being made that such person is evading service and that he or she is able to give evidence in the case, the Judge before whom the complaint is to be heard may issue a warrant (Form 21.3 or 21.4, Schedule B) for his or her arrest. Warrant may issue instead of summons
(6)Where a Judge is satisfied by Information (Form 21.5 Schedule B) made on oath and in writing that it is probable that a person who is able to give evidence in a case will not attend to give evidence without being compelled to do so, he or she may issue a warrant (Form 21.6 Schedule B) for the arrest of such person. Procedure on arrest
(7)When arrested, any such person shall be brought forthwith before the said Judge, or before another Judge having jurisdiction in such Judge's district, and the Judge shall remand him or her either in custody or on bail, until the hearing of the said complaint; and if remanded on bail, it may be made a condition of the recognisance that he or she shall bring with him or her and produce at the time and place at which he or she is bound to attend all such accounts, papers, documents or things as aforesaid. Refusal to give evidence 2.
(1)Where a person attends as a witness, either in obedience to a summons or by virtue of a warrant or is present in Court and is required to give evidence, and refuses to be examined upon oath, or refuses to answer lawful questions then put to him or her, or refuses to produce any accounts, papers documents or things (without offering any just excuse for such refusal), the Judge may adjourn the proceedings to the same or any other Court in his or her district for any period not exceeding eight days, and may by warrant (Form 21.7 Schedule B) commit the said witness to prison until the time of such hearing. If such witness, upon being brought up upon such adjourned hearing, again refuses to be sworn, or to testify as aforesaid, or to produce such accounts, papers, documents or things as aforesaid, as the case may be, the Judge may again adjourn the proceedings and commit the witness in like manner, and so again from time to time until he or she consents to be sworn or to testify as aforesaid, or to produce such accounts, papers, documents or things, as the case may be, (provided that no such imprisonment shall in any case of summary or civil jurisdiction exceed one month in the whole). *In proceedings under the Customs Acts such witness shall, in addition, for every such refusal as aforesaid forfeit such sum not exceeding twenty pounds as the Judge shall think fit, and the Judge shall cause a record of any such fine to be made in the minute book or charge sheet as the case may be.
(2)Nothing herein contained shall prevent the Judge from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other evidence received. * Customs Consolidation Act, 1876 [ch.36 s.228]. ORDER 22 PROCEDURE ON ACCUSED'S FAILURE TO APPEAR Failure to appear, — on summons or evading service
  1. Where a summons is issued requiring the appearance before the Court of a person against whom a complaint has been made or an offence has been alleged and such person fails to appear at the required time and place or at any adjourned hearing of the matter, and it is proved to the Judge there present that such person has been served with the summons, or where at any time either before or after the date on which such person is required by the summons to appear an information, in the Form 22.1, Schedule B, is made that he or she is evading service or is about to abscond or has absconded, the Judge may issue a warrant, in the Form 22.2, Schedule B, for the arrest of such person. — after release or remand on bail
  2. Where— ( a ) a person who has been arrested and charged with an offence is released on bail by recognisance by a member of the Garda Síochána for his or her appearance before a sitting of the Court at a time on a date and at a place specified in the recognisance or ( b ) an accused person is before the Court in connection with an offence and, on being remanded, is admitted to bail by recognisance for his or her appearance before a subsequent sitting of the Court (either in the same or another place), and that person, having entered into the recognisance, fails to appear at a time on a date and at a place at or on which he or she was bound by the recognisance to appear, the Judge then and there sitting may, on production of the recognisance to him or her, issue a warrant, in the Form 22.3, Schedule B, for the arrest of that person. — in a case of summary jurisdiction. Court may adjourn and notify deft.
  3. Where a summons has been issued under section 11
(2)of the Petty Sessions (Ireland) Act, 1851 or section 1 of the Courts (No. 3) Act, 1986 and served upon the person to whom it is directed by a means of service provided for in section 22
(1)of the Courts Act, 1991 and that person neither appears at the time and place specified in the summons nor at the hearing of the complaint or accusation to which the summons relates, and the Court, considering it undesirable in the interests of justice, because of the gravity of the offence or otherwise, to continue the hearing in the absence of the person, adjourns the hearing pursuant to section 22
(4)of the said Act of 1991 to enable the person to be notified of the adjourned hearing, the Clerk shall, unless the Court otherwise directs, issue and serve or cause to be served upon that person a notice in the Form 22.4, Schedule B. Service shall be effected at least fourteen days prior to the date of the adjourned hearing and in such manner as the Court shall direct. The original notice, with the details of service endorsed thereon, shall be retained by the Clerk and produced to the Court at the adjourned hearing. — where deft. claims not to have received summons
  1. Where, in any case to which rule 3 hereof relates, the Court has proceeded to hear the complaint or accusation to which the summons relates and the defendant, having failed to appear at the said hearing, subsequently claims not to have received the summons or notice of the said hearing, such defendant may make application, as provided for in Order 10, rule 23 of these Rules, to have the proceedings set aside. ORDER 23 TRIAL OF SUMMARY OFFENCES Where accused appears and admits complaint
  2. Where the accused, personally or by solicitor or counsel appears and admits the truth of the complaint made against him or her, the Court may if it sees no sufficient reason to the contrary, convict or make an order against him or her accordingly, but if the accused does not admit the truth of the complaint, the Court shall, subject to the provisions of rule 2 hereof, proceed to hear and determine such complaint. Where accused does not appear
  3. Subject to the provisions of O.22, r. 3, where the accused is not present and is not represented to answer the complaint and, in the case of a summons it appears to the Court that the summons was duly served, the Court may proceed to deal with the complaint or may issue a warrant for the arrest of the accused. Where prosecutor does not appear
  4. Where the accused (or his or her representative) is present at the required time and place and the prosecutor (or his or her representative) is not present, the Court may strike out, dismiss without prejudice or adjourn the hearing of the complaint. Penalty, — in fixing means of accused to be considered, *
  5. Where the Court imposes a penalty it shall, in fixing the amount of the penalty, take into consideration amongst other things the means of the accused so far as they are known to it at the time. — Time for payment of,
  6. The Court may order that a penalty shall be paid within such period, not less than fourteen clear days, as it shall think fit to fix for the purpose, and if it fixes no period, such penalty shall be paid within the period of fourteen clear days from the date of the order, and on subsequent application by or on behalf of the accused, it may allow such further time for payment as it shall think fit. — Where no time allowed for payment of †
  7. Where the Court is satisfied that the accused is possessed of sufficient means to enable him or her to pay the penalty forthwith, or that the accused has no fixed abode within the jurisdiction, or if the accused, on being asked if he or she desires time for payment, does not express any such desire, or if for any special reason the Court expressly directs that no time shall be allowed for payment, it may order that the penalty shall be paid forthwith, and where no time is allowed the reason therefor shall be stated in the warrant of committal. — Imprisonment in default of payment of,
  8. Where a penalty has been imposed against a person such person shall in default of payment within the time specified (if any) be imprisoned for a term not exceeding the appropriate period specified in the following scale:— * Criminal Justice Administration Act, 1914 [s. 43
(2)]. † Criminal Justice Administration Act, 1914 [s. 1
(1),
(4)]. And such imprisonment shall be terminated upon payment of the said penalty, or shall be reduced on payment of part of the said penalty in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914 . Penalties on companies to be recovered by distress
  1. Where a penalty is imposed on a company, then in default of payment within the time specified (if any) such penalty shall be levied by distress and sale of the goods of such company or by the taking of the money of the company. Payment of compensation *
  2. Where any sum is awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, it shall be paid as compensation to the person aggrieved; but where the person aggrieved is unknown, such sum shall be applied and accounted for in the same way as any penal sum; and where several persons join in the commission of the same offence, and each is ordered to pay any such compensation, value or amount as aforesaid, not more than the amount of the damage or injury done or the value of the article shall be paid to the person aggrieved, and any further sum forfeited shall be applied and accounted for in the same way as any penal sum. Appropriation of fines
  3. It shall not be necessary for the Court, when imposing a penalty, to make an order relating to the method of disposing of the same in any case where provision is already made by law for the disposal thereof. Where penalty imposed, Clerk to send notice
  4. Where a penalty has been imposed by the Court, the Clerk shall send a notice (Form 23.1 Schedule B) to the accused stating that such penalty has been imposed, the amount thereof and the time within which the same is to be paid. Such notice may be sent by ordinary letter post addressed to the accused at his or her last known or most usual place of abode. The failure of the Clerk to comply with the provisions of this rule, or any omission from or misstatement in the notice shall not in any way prejudice the issue by the Court of any warrant. Provisions to apply to indictable offences dealt with summarily
  5. The provisions of rules 4 to 11 of this Order shall also apply to indictable offences being dealt with summarily. * Petty Sessions (Ireland) Act, 1851 [s. 22
(7)]. ORDER 24 SUMMARY TRIAL AND PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES In this Order "the Act" means the Criminal Procedure Act, 1967 (No. 12 of 1967). Summary trial of indictable offences *
  1. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused does not object, the Judge shall inform the accused of his or her right to be tried by a jury, and if the accused (enquiry having been made of him or her by the Judge) does not object to being tried summarily, and if, after hearing such facts as may be alleged in support of the charge, the Judge is of opinion that they constitute a minor offence fit to be so tried, the Judge shall take the accused's plea and try him or her summarily. Summary disposal on a plea of guilty — D. P. P. consenting †
  2. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused pleads guilty and the Director of Public Prosecutions consents, the Judge, on being satisfied that the accused understands the nature of the offence and the facts alleged, may deal with the case summarily if the accused pleads guilty and the Director so consents. Summary trial with consent of D. P. P ‡
  3. Where an accused person is before the Court charged with an indictable offence requiring the consent of the Director of Public Prosecutions to summary trial, then, on such consent being conveyed to the Court, the Court shall proceed in accordance with the provisions of rule 1 hereof. Consent of D. P. P §
  4. The consent of the Director of Public Prosecutions under any provision of this Order may be conveyed in writing signed by the Director or orally by a person prosecuting at the suit of or appearing on behalf of the said Director. Sending forward for sentence on a plea of guilty
  5. Where an accused person is before the Court charged with an indictable offence not being an offence under the Treason Act, 1939 , murder, attempt to murder, conspiracy to murder, piracy, genocide or a grave breach such as is referred to in section 3
(1)(i) of the Geneva Conventions Act, 1962 , including an offence by an accessory before or after the fact nor an offence being dealt with summarily, and the Court is satisfied that the accused person understands the nature of the offence and the facts alleged, then, if the accused signs a plea of guilty (Form 24.1 Schedule B), the Judge may by order (Form 24.2 Schedule B) send him or her forward for sentence with that plea to the court to which, if he or she had pleaded not guilty, the accused could lawfully have been sent forward for trial. * Criminal Justice Act, 1951 (s. 2
(2)(a), (i), (ii)]. † Criminal Procedure Act, 1967 (s. 13
(2), (a)]. ‡Criminaf Procedure Act, 1967 (s. 19]. § Criminal Procedure Act, 1967 (s. 20]. Criminal Procedure Act, 1967 (s. 13
(2)(b)]. Waiver of preliminary examination. *
  1. Where the accused waives a preliminary examination and the prosecutor does not require the attendance of a witness, the Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 , by order (Form
  2. 3 Schedule B) send the accused forward for trial to the court to which, if he or she had not waived such preliminary examination, the accused could lawfully have been sent forward for trial. Where witnesses required by prosecutor or accused †
  3. Where the prosecutor requires the attendance of a witness pursuant to subsection
(2)of section 7 of the Act, the Judge shall conduct a preliminary examination of the charge. Neither the prosecutor nor the accused shall be entitled to require the attendance of a witness or to examine him or her by way of sworn deposition if it appears to the Court that the witness is outside the State and that it is not reasonably practicable to secure his or her attendance for examination under section 7 of the Act. Child cannot exercise waiver without consent of parent or guardian ‡
  1. A child or young person (within the meaning of the Children Acts, 1908 to 1989) shall not be permitted to exercise a waiver except with the consent of the parent or guardian having the actual possession and control of him or her. The order sending forward for trial in such cases shall be in accordance with Form 24.4 Schedule B. Preliminary examination
  2. Where an accused person is before the Court charged with an indictable offence not being dealt with in accordance with rules 1, 2, 3, 5 or 6 hereof the Judge shall conduct a preliminary examination of the charge. Times for service of documents 10.
(1)The documents specified in section 6
(1)of the Act shall be in accordance with Forms 24.5 to 24.9 Schedule B and shall be served personally upon the accused at the earliest opportunity, but, save with the leave of the Court, shall not be served later than thirty days after the first appearance of the accused before the Court where the offence is not a scheduled offence or later than thirty days after the accused has elected for trial by jury where the offence is a scheduled offence. In this rule "scheduled offence" has the meaning assigned to it under section 2 of the Criminal Justice Act, 1951 . Lodgment of documents
(2)Copies of the said documents together with a statutory declaration as to service thereof shall be lodged with the Clerk within eight days of such service and such Clerk shall forthwith transmit the same to the Judge. Production of exhibits
  1. The prosecutor shall produce to the Court all exhibits in relation to the case and the Court may make such order as to the retention or custody of such exhibits as the Court thinks fit. Inspection of exhibits §
  2. The accused shall have the right to inspect all exhibits. * Criminal Procedure Act, 1967 [s. 12]. † Criminal Law (Jurisdiction) Act, 1976 [sec. 18]. ‡ Criminal Procedure Act, 1967 [s. 12
(4)]. § Criminal Procedure Act, 1967 [s. 6
(3)]. Further statements 13. Any further statement served upon the accused pursuant to section 6
(4)of the Act shall be in accordance with Form 24.10 Schedule B. Deposition
  1. A deposition shall be in accordance with one of the Forms 24.11 to 24.14 Schedule B, as the case may be. Order on preliminary examination
  2. Where the Judge is of opinion that there is sufficient case to put the accused on trial for the offence with which he or she has been charged such Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 , by order (Form 24.15 Schedule B) send him or her forward for trial. Sending forward for trial on indictable offence other than that charged
  3. Where, pursuant to section 8
(2)of the Act, the Judge is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he or she shall direct the prosecutor to prepare that charge, which shall be in accordance with Form 24.16 Schedule B. The new charge shall be read to the accused by the Clerk and the Court shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 , by order (Form 24.17 Schedule B) send the accused forward for trial. Where summary offence only disclosed 17. Where, pursuant to section 8
(4)of the Act, the Judge is of opinion that a summary offence only is disclosed, and the Director of Public Prosecutions consents, he or she shall direct the prosecutor to prepare such summary charge, which shall be in accordance with Form 24.18 Schedule B. The new charge shall be read to the accused by the Clerk and the Judge shall deal with it accordingly. Witness order
  1. An order requiring a witness, a statement of whose evidence has been supplied to the accused or whose deposition has been taken, to attend and give evidence at the trial of the accused and to produce any document or thing specified in the order shall be in accordance with Form 24.19 Schedule B. Notice of Witness order
  2. The prosecutor shall cause a notice to be served upon each person in respect of whom a witness order has been made. Such notice shall be in accordance with Form 24.20 Schedule B and shall be served by a member of the Garda Síochána as provided by Order 10 of these Rules. Where person unlikely to comply with witness order
  3. An application pursuant to section 9
(3)of the Act alleging that a particular person is unlikely to comply with a witness order shall be by information in accordance with Form 24.21 Schedule B. Summons or warrant to issue
  1. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.22 or 24.23 Schedule B as the case may be. Failure to comply with summons warrant to issue
  2. A warrant pursuant to section 9
(3)of the Act for the arrest of a person who fails to attend in answer to a summons issued under rule 21 of this Order shall be in accordance with Form 24.24 Schedule B. Persons may be bound by recognisance 23. Where the person referred to in rule 20 is before the Court either in obedience to a summons or by virtue of a warrant and enters into a recognisance it shall be in accordance with Form 24.25 Schedule B. A warrant for his or her committal on refusing to enter into such recognisance shall be in accordance with Form 24.26 Schedule B. Application to take section 14
(1)deposition 24. An application for the taking of a deposition pursuant to section 14
(1)of the Act shall be by information which shall be in accordance with Form 24.27 Schedule B. Summons or warrant to issue
  1. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.28 or 24.29 Schedule B, as the case may be. Failure to answer summons — warrant to issue
  2. A warrant for the arrest of a person who fails to attend in answer to a summons issued under rule 25 shall be in accordance with Form 24.30 Schedule B. Securing attendance of accused
  3. A summons or warrant for securing the attendance of the accused before the Judge shall be in accordance with Form 24.31 or 24.32 Schedule B, as the case may be. Where the accused is in custody the warrant shall be in accordance with Form 24.33 Schedule B. Failure to attend on summons
  4. A warrant for the arrest of an accused who fails to attend in answer to a summons issued under rule 27 shall be in accordance with Form 24.34 Schedule B. Transmission of deposition by Clerk
  5. A deposition taken pursuant to section 14 of the Act by a Judge other than the Judge conducting the preliminary examination shall be transmitted by the Clerk to the Clerk for the court area to which the accused stands remanded. Sending forward in custody or on bail
  6. Where the Court makes an order sending a person forward for trial or sentence, the Court may by warrant (Form 24.35 Schedule B) commit such person to prison to await his or her trial or sentence or release that person conditionally on his or her entering into a recognisance (Form 18.2 or 18.4 Schedule B, as the case may be). Provisions of O.18 regarding bail to apply
  7. The provisions regarding bail, contained in Order 18 of these Rules, in respect of a person charged before the Court with an offence, shall also apply in the case of a person sent forward for trial or sentence with consent to bail. Transmission of documents to County Registrar
  8. Where the Court makes an order sending an accused forward for trial or sentence, the Clerk for the court area where such order was made shall transmit to the appropriate County Registrar within ten days from the making of such order, or forthwith where the trial of the accused is imminent, ( a ) the documents on which the Judge conducted the preliminary examination; ( b ) any deposition or statement taken before any Judge in relation to the charge in respect of which such order was made; ( c ) any exhibit put in evidence and handed in to the Court; ( d ) the order of the Judge sending the accused forward for trial or sentence; ( e ) the witness order made by the Judge; ( f ) any recognisance taken in relation to the case, or money lodged in lieu of surety or sureties; ( g ) a plea of guilty (if any). Transmission of further document to Co. Registrar
  9. Where, after an accused person has been sent forward for trial, a recognisance is entered into by a witness under section 9
(3)of the Act or a deposition is taken under section 14 of the Act, the Clerk shall transmit the recognisance or deposition, as the case may be, to the appropriate County Registrar. Illness of Judge during taking of depositions
  1. Where under Part II of the Criminal Procedure Act, 1967 , a preliminary examination of an indictable offence is being conducted by a particular Judge and, owing to the illness of that Judge or for any other reason, the examination is continued by another Judge, a deposition or statement taken or signed by the former may for the purposes of that Act be treated by the latter as if it had been taken or signed by him or her. Adjournment of preliminary examination
  2. At any stage of the preliminary examination the Judge may adjourn the same to any other day and to any other court or place in his or her district, and may remand the accused either in custody or on bail to appear at such adjourned hearing. In such event the information, depositions and recognisances (if any) already taken shall be forwarded to the Clerk of the court area in which the adjourned examination is to take place. Transmitting a person to another district 36.
(1)Where a person is charged before the Court with an indictable offence and it appears to the Court that evidence (or further evidence) will be available before the Court in some other district, the Court may remand such person either in custody or on bail to appear before the Court in such other district. Where the remand in custody is for a period not exceeding four days the Court may commit such person to the custody of a member of the Garda Síochána. The warrant of committal shall be in accordance with Form 24.36 or 24.37 Schedule B, as the case may be. Where such person is remanded on bail the recognisance shall be in accordance with Form 18.1 or 18.3 Schedule B, as the case may be. Judge of such other district to receive all documents
(2)When such person appears or is brought before the Court in such other district the Judge shall receive the informations, depositions and recognisances (if any) already taken, and they shall thereupon be deemed to have been taken and treated to all intents as if they had been taken before such Judge, who shall proceed to deal with the case. Documents to be transmitted to Clerk
(3)All informations, depositions, recognisances or money lodged in lieu of sureties (if any) taken in the matter shall be transmitted by the Clerk of the Court for the court area in which the same shall have been taken to the Clerk of the Court for the court area in which the person is to appear. ORDER 25 ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS Warrants of committal sentence of imprisonment 1. Where a person has been sentenced to imprisonment the Court shall issue the warrant of committal (Form 25.1, 25.2, 25.3 or 25.4, Schedule B as the case may
  1. be)forthwith, where the imprisonment is to take place immediately; but where the imprisonment is not to take place immediately, the Court may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence. 2. In all cases of summary jurisdiction whenever an order has been made, upon the conviction of any person of an offence, — in default of payment of penalty ( a ) for the payment of a penal sum and that sum has not been paid, the Court may issue a warrant of committal to imprisonment for the non-payment thereof (Form 25.5 or 25.6, Schedule B, as the case may
  2. be)at any time not later than six months from the expiration of the time fixed by the said order for the payment of that sum; — on the non-performance of a condition ( b ) for the performance of a condition and that condition has not been performed, the Court may, upon the application of the prosecutor, issue a warrant of committal to imprisonment for the non-performance of the condition (Form 25.7, Schedule B) at any time not later than six months from the expiration of the time fixed by the said order for the performance thereof. — In case of suspended sentence, 3. Where the Court, upon imposing a sentence of imprisonment, conditionally suspends the execution thereof, it may, upon the application of the prosecutor, issue a warrant of committal (Form 25.8, Schedule B) on being satisfied of the failure of the accused to comply with the terms upon which the said sentence was suspended. Restriction on issue of warrant 4. Where by order the execution of a sentence of imprisonment has been conditionally suspended, no warrant shall be issued, to enforce such sentence, later than six months from the expiration of the time fixed by the said order for the performance of the condition. — for contempt of Court 5. Where, under section 9 of the Petty Sessions (Ireland) Act, 1851 or, as the case may be, section 6 of the Summary Jurisdiction (Ireland) Amendment Act, 1871 , a Judge by warrant commits a person to prison for any contempt of the Court, such warrant shall be in the Form 25.9, Schedule B. Compensation etc. — No warrant unless fine is imposed 6. Save where expressly authorised by statute, no warrant of committa

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