rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2005 S.I. No. 635/2005 - District Court (EU Regulations) Rules 2005 S.I. No. 635/2005 - District Court (EU Regulations) Rules 2005 AmendmentsLeasuithe SI 635 of 2005 District Court (EU Regulations) Rules 2005 The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act 1936 , section 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, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:- 1. These rules may be cited as the District Court (EU Regulations) Rules 2005. 2. These rules shall come into operation on the 1st day of November 2005 and shall be read together with all other District Court rules for the time being in force. EU Service Regulation 3.
der 11 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended: (a) By the addition to Rule 1 of the following definitions; “Receiving Agency”, for the purposes of the Service Regulation, when used in relation to the State means any County Registrar and, when used in relation to any other State in which the Service Regulation applies, means the authority
authorities so designated by the State under Article 2 of the Service Regulation to receive requests for the service of documents; “Service Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on the Service in the Member States of Judicial and Extrajudicial documents in civil
commercial matters (OJ L160/37 of 30 June 2000); “Transmitting Agency”, when used in relation to the State means any County Registrar and when used in relation to any other State in which the Service Regulation applies, means the public officers, authorities
other persons designated by the relevant State under Article 2 of the Service Regulation to transmit requests for the service of documents; (
THE HAGUE CONVENTION” (d) By the substitution of the following for Rule 7: “Where any document for use in civil
commercial proceedings in the District Court is to be served upon a person in any other State in which the Service Regulation applies,
in any State in which the Service Regulation does not apply but which is a party to the Hague Convention, that document shall be served, as appropriate, in accordance with the provisions of the Service Regulation
of the Hague Convention”. (e) By the substitution of the following for Rule 8: “Any party to any proceedings in a civil
commercial matter
a solicitor acting for any such party
, as the case may be, any District Court clerk who wishes to have a document served abroad pursuant to the Service Regulation
the Hague Convention may lodge with the Transmitting Agency
the Central Authority, as appropriate; (i) A request for the service of the document in the form specified in the Annex to the Service Regulation
in the Annex to the Hague Convention, as appropriate, and a copy thereof (ii) Two copies of the document to be served, with an additional copy thereof for each person to be served (iii) A translation of each document into the official languages
one of the official languages of State addressed,
in another language which that State has indicated it can accept, unless that document is already in one of those languages; (iv) An undertaking to pay the costs of service, payment
reimbursement of which these may be sought by the Receiving Agency
by the Central Authority of the State addressed; And the relevant provision of
der 11B of the Rules of the Superior Courts shall apply in every such case”. (f) By the insertion into Rule 9
”; (g) By the insertion into each of Rule 10
”. (h) By the insertion into each of Rule 10
”. and the said
der 11 as so amended appears in Schedule 1 hereto. EU Jurisdiction Regulation 4.
der 62 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution therefor of the following
der appearing in Schedule 2 hereto. 5. The Forms numbered 62.1 to 62.8 inclusive in Schedule 3 hereof shall be substituted for the Forms numbered 62.1 to 62.8 inclusive in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ). SCHEDULE 1
DER 11 SERVICE OUT OF THE JURISDICTION PART I - GENERAL O.11. r.1 Definitions 1. In this
der- “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
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
Commercial Matters; “jurisdiction” shall mean the jurisdiction of the State. “Receiving Agency”, for the purposes of the Service Regulation, when used in relation to the State means any County Registrar and, when used in relation to any other State in which the Service Regulation applies, means the authority
authorities so designated by the State under Article 2 of the Service Regulation to receive requests for the service of documents; “Service Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on the Service in the Member States of Judicial and Extrajudicial documents in civil
commercial matters (OJ L160/37 of 30 June 2000); “Transmitting Agency”, when used in relation to the State means any County Registrar and when used in relation to any other State in which the Service Regulation applies, means the public officers, authorities
other persons designated by the relevant State under Article 2 of the Service Regulation to transmit requests for the service of documents; Cases in which may be allowed 2. Service out of the jurisdiction of a civil summons
other
iginating document,
of notice thereof, may be allowed by the Court in the following cases- (
(ii) made by
through an agent trading
residing within the jurisdiction on behalf of a principal trading
residing out of the jurisdiction,
(iii) by its terms
implications to be governed by Irish Law; O.11, r.2 (c) in proceedings brought in respect of a breach committed within the jurisdiction of a contract wherever made, even though such breach was preceded
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; (
dinarily resident within the jurisdiction; (f) where any person out of the jurisdiction is a necessary
proper party to an action properly brought against another person duly served within the jurisdiction; (g) in proceedings relating to a minor
person of unsound mind domiciled in
a citizen of Ireland; (h) where necessary, in proceedings brought under subsection (3 of section 38 of the Criminal Justice Act, 1994 (and in accordance with rule 6 of
der 38 of these Rules) for an
der authorising the further detention of cash seized. How application to be made 3. An application for leave to serve a civil summons
other
iginating document,
notice thereof, upon a person out of the jurisdiction shall be made ex parte and shall be supported by an affidavit,
other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place
country such person is
probably may be found, and whether such person is
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
der. 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
country where
within which such summons, document
notice is to be served. Where person to be served 5. Whenever an
der is made granting leave to serve out of the jurisdiction under the provisions of this
der, -is a citizen of Ireland
other
iginating document (together with any other document required in any particular case to be served) shall be served upon that person; O.11, r.5 -is not a citizen of Ireland
is not known
believed to be, a citizen of Ireland, notice of the civil summons
other
iginating document, and not the summons
document itself, (together with any other document required in any particular case to be served) shall be served upon that person; Copy of
der granting leave must also be served
der granting leave together with the civil summons
other
iginating document
notice thereof referred to in paragraphs
der to serve out of the jurisdiction a civil summons
other
iginating document,
notice thereof, such service shall be effected by registered post
by insured post, as appropriate,
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
iginals 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
other
iginating document
copy of the notice thereof, and the copy of the
der granting leave to serve out of the jurisdiction (and copy of any other document required to be served) would have been delivered in the
dinary course of post. In cases where The Hague Convention applies (c) In a case where the person to be served is in another State in which the Service Regulation applies, service shall be effected in accordance with the provisions of the Regulation (which may include service by post under Article 14(1 thereof in accordance with any conditions upon which the State of destination has specified under Article 14
THE HAGUE CONVENTION Hague Convention procedure 7. Where any document for use in civil
commercial proceedings in the District Court is to be served upon a person in any other State in which the Service Regulation applies,
in any State in which the Service Regulation does not apply but which is a party to the Hague Convention, that document shall be served, as appropriate, in accordance with the provisions of the Service Regulation
of the Hague Convention. Party to lodge documents with Master 8. Any party to any proceedings in a civil
commercial matter
a solicitor acting for any such party
, as the case may be, any District Court clerk who wishes to have a document served abroad pursuant to the Service Regulation
the Hague Convention may lodge with the Transmitting Agency
the Central Authority, as appropriate; (i) A request for the service of the document in the form specified in the Annex to the Service Regulation
in the Annex to the Hague Convention, as appropriate, and a copy thereof (ii) Two copies of the document to be served, with an additional copy thereof for each person to be served (iii) A translation of each document into the official languages
one of the official languages of State addressed,
in another language which that State has indicated it can accept, unless that document is already in one of those languages; (iv) An undertaking to pay the costs of service, payment
reimbursement of which these may be sought by the Receiving Agency
by the Central Authority of the State addressed; And the relevant provision of
der 11B of the Rules of the Superior Courts shall apply in every such case. 0.11, r.9 Certificate of Service 9.
under Article 6 of The Hague Convention by the Central Authority of the State addressed
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
solicitor for the plaintiff shall lodge with the clerk the
iginal 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.
notice thereof) had to be transmitted abroad for the purposes of service under the provisions of the Service Regulation
The Hague Convention and the defendant has not appeared
given notice to defend, judgment shall not be given until it is established that (a) the document
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,
(b) the document
notice was actually delivered to the defendant
to the defendant's residence by another method provided for by the Service Regulation
that Convention, and that in either of these cases the service
the delivery was effected in sufficient time to enable the defendant to defend.
correspondence received from the defendant. Judgment may be given notwithstanding r.7
delivery as provided by the Service Regulation
The Hague Convention has been received, if all the following conditions are fulfilled- (a) the document
notice thereof was transmitted by one of the methods provided for in the Service Regulation
that Convention, O.11, r.11 (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
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 12. In any case where the document instituting proceedings to which this
der relates (
notice thereof) had to be transmitted abroad for service under the provisions of the Service Regulation
The Hague Convention and judgment has been given against a defendant who has not appeared, any application by
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
her part, did not have knowledge of the documents in sufficient time to defend
, 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. SCHEDULE 2
DER 62 PROCEEDINGS UNDER THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968
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
COUNCIL REGULATION (EC) NO 44/2001 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS
THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE. 1. In this
der- “the Act of 1976” means the Family Law (Maintenance of Spouses and Children Act, 1976 (No. 11 of 1976); “the Act of 1998” means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998 (No.52 of 1998); “the Act of 1994” means the Maintenance Act, 1994 (No.28 of 1994); “the Conventions” means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention, each as defined in section 2 of the Act of 1998); “the 1968 Convention” means the Convention on Jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) done at Brussels on the 27th day of September, 1968, (as adjusted by the Accession Conventions of 1978, 1982, 1989 and 1996); “the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September, 1988, and includes Protocol 1; “the Jurisdiction Regulation” means Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L12 of 16 January 2001, page 1); “the New York Convention” means the Convention on the recovery abroad of maintenance done at New York on the 20th day of June, 1956; O.62, r.1 “the Central Authority” means a Central Authority appointed by
der of the Minister for Equality and Law Reform under subsection
required of a Central Authority under the Rome Convention
of a transmitting agency
receiving agency under the New York Convention, however as provided by paragraph (b) of that subsection, pending the appointment of a Central Authority the said Minister shall discharge its functions and references in this
der to the Central Authority shall be construed accordingly as reference to the Minister; “central authority of a reciprocating jurisdiction”, when used in the context of proceedings under Part III of the Act of 1994, means:- (a) the central authority of such a jurisdiction which has been designated pursuant to paragraph 1
, where appropriate, paragraph 2 of Article 2 of the Rome Convention,
(
receiving agency in a state which is a contracting party to the New York Convention,
(
taken effect in accordance with Article 61
62 thereof; “Member State” means a member state of the European Union in which the Jurisdiction Regulation applies; “reciprocating jurisdiction” means a Member State
Contracting State (within the meaning of the Act of 1998) which is declared by
der of the Minister for Foreign Affairs to be a reciprocating jurisdiction; “designated jurisdiction” means:- (a) any state
Member State which is a contracting party to the New York Convention,
(b) any other state
jurisdiction which is declared by
der of the Minister for Foreign Affairs to be a designated jurisdiction for the purposes of Part III of the Act of 1994; “maintenance creditor” includes any body which, under the law of a reciprocating jurisdiction, is entitled to exercise their rights of redress of,
to represent, the creditor, and references in District Court Rules to a maintenance creditor
to a claimant (as defined herein) shall be construed as including references to the Central Authority; 0.62, r.1 “claimant” means, according to the context, either:- (a) a person residing in a designated jurisdiction (including any body which under the law of that jurisdiction is entitled to exercise the rights of redress of
to represent that person) and claiming pursuant to Part III of the Act of 1994 to be entitled to receive maintenance from a person residing in the State,
(
(b) a person residing in a designated jurisdiction from whom maintenance is sought to be recovered pursuant to Part III of the Act of 1994 by a person residing in the State; “domiciled” shall be construed, having regard to the instrument applicable in any given case, in accordance with Articles 2 and 59 to 61 of the Jurisdiction Regulation,
section 15 and the Ninth Schedule of the Act of 1998 and Articles 52 and 53 of the 1968 Convention,
section 15 and the Ninth Schedule of the Act of 1998 and Articles 52 and 53 of the Lugano Convention; “enforceable maintenance
der” has the meaning assigned to it in section 4(1 of the Act of 1998 the terms “enforcement
der”, “judgment” and “maintenance debtor” have the meanings assigned to them respectively in section 4
der” has the meaning assigned to it by section 1 of the Act of 1988 as amended by section 4
settlement referred to in Article 57
58 of the Jurisdiction Regulation,
51 of either of the 1968 Convention
the Lugano Convention in so far as it provides for the payment of maintenance. 0.62, r.2 PART I - CIVIL PROVISIONS Venue in Insurance matters 2. Whenever it is proposed to bring proceedings before the District Court by virtue of Article 9 of the Jurisdiction Regulation
.2 of either the 1968 Convention
the Lugano Convention (all of which relate to insurance matters) against an insurer domiciled in a Member State
Contracting State other than the State and the policy-holder is domiciled in the State, such proceedings may be brought. heard and determined at any sitting of the Court for the transaction of civil business for the district court area in which the policy-holder is
dinarily resident
carries on any profession, business
occupation. Venue in consumer contracts 3. Whenever a consumer who is domiciled in the State proposes to bring proceedings before the District Court by virtue of Article 16 of the Jurisdiction Regulation
of either the 1968 Convention
the Lugano Convention (all of which relate to consumer contracts) against the other party to a contract and that other party is domiciled in a Member State
Contracting State other than the State, such proceedings may be brought heard and determined at any sitting of the Court for the transaction of civil business for the district court area in which the consumer is
dinarily resident
carries on any profession, business
occupation. Application to The Hague Convention
Service Regulation 4.
commercial matters (hereinafter referred to as the “Service Regulation”) shall apply to proceedings brought in the District Court by virtue of the Jurisdiction Regulation. The provisions of The Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil
Commercial Matters (hereinafter referred to as “The Hague Convention”) shall apply to proceedings brought in the District Court by virtue of the Conventions. 0.62, r.4
der to be served and such document is to be served upon a person in another State which is a state in which the Service Regulation applies service shall be effected in accordance with the provisions (including Articles 7 to 10) of the Service Regulation and this
der. When any document for use in such proceedings is required by this
der to be served and such document is to be served upon a person in another State which is a state in which the Service Regulation does not apply but in which The Hague Convention applies, service shall be effected in accordance with the provisions (including Articles 8 to 11) of The Hague Convention and this
der. Institution of proceedings against person domiciled abroad. 5.
der shall not apply to the institution of proceedings under section 17 of the Maintenance
ders Act, 1974 against a person residing in a reciprocating jurisdiction, which are provided for in
der 55 of these Rules.
der 11 (Service Out of the Jurisdiction) of these Rules shall not apply to proceedings being instituted in the District Court by virtue of the Jurisdiction Regulation, the Conventions
as the case may be, the Lugano Convention, against a person who is domiciled in a Member State
Contracting State other than the State, and service may be effected without prior leave of the Court.
the Lugano Convention against a person who is domiciled in a Member State
Contracting State other than the State and that person is not
is not known
believed to be a citizen of Ireland, notice of the document instituting the proceedings in the Form 62.1 Schedule C and not the document itself shall be served upon that person.
solicitor for a plaintiff may institute such proceedings by completing, signing, stamping (if so required) the civil summons
other document instituting the proceedings and lodging it, together with duly completed
iginals and copies of the notice (Form 62.1 Schedule C) and of a certificate in the Form 62.2 Schedule C with the Clerk for the area for which the proceedings are to be issued. The Clerk shall stamp them with the official stamp showing the date of lodgment and shall, having regard to the provisions of paragraph
other document instituting the proceedings and the notices, shall return all documents to the plaintiff
the solicitor, as the case may be. 0.62, r5
der (which may include service by post provided that, if such service is into a Member State, it is in accordance with any conditions specified by the Member State concerned in accordance with Articles 14
, where appropriate, in accordance with the provisions of
der 11 of these Rules, upon the defendant and, where the documents are to be served in the European territory of another Member State
Contracting State they shall be served at least five weeks prior to the date of sitting of the Court before which the proceedings have been listed for hearing. Where the documents are to be served in any non-European territory of another Member State
Contracting State, they shall be served at least six weeks prior to that date.
of The Hague Convention the Plaintiff (
solicitor for the Plaintiff) shall lodge with the Clerk the
iginals of - the civil summons
other document instituting the proceedings, - (where appropriate) the notice of institution of proceedings (Form 62.1) which was served, - the certificate (Form 62.2) which was served, and - the certificate of service, at least four days prior to the said date of sitting of the Court.
insured post the following provisions shall apply- (a) the plaintiff
plaintiff's solicitor shall, not earlier than ten days after the date of posting, lodge with the Clerk the relevant documents listed in paragraph
, as the case may be, Article 15 of The Hague Convention, be deemed to have been served at the time at which the said envelope would be delivered in the
dinary course of post; (d) the statutory declaration as to service, the certificate of posting and the advice of delivery form shall, subject to the provisions of the said Article 9 of the Service Regulation
, as the case may be, the said Article 15 of The Hague Convention, together be sufficient evidence of such service. -where defendant is a citizen of Ireland 0.62, r6 6. Whenever proceedings are instituted in the District Court by virtue of the Jurisdiction Regulation, the Conventions
the Lugano Convention against a person who is domiciled in a Member State
Contracting State other than the State, and that person is a citizen of Ireland, the civil summons
other document instituting the proceedings, with necessary modifications, may be served (rather than notice thereof). Subject to the foregoing proviso, the requirements of rule 5 of this
der shall apply in such cases and shall be construed accordingly. Two notices of intention to appear must be served in each case. Notice of intention to appear 7. Where, in proceedings to which rule 5
6 of this
der relates, a defendant intends to appear
to be represented at the hearing for the purpose of defending the proceedings and/
, by virtue of Article 24 of the Jurisdiction Regulation,
of either the 1968 Convention
the Lugano Convention for the purpose of contesting the jurisdiction of the Court, the defendant
solicitor for the defendant shall complete, detach and send by post to the Clerk one of the Notices of Intention to Appear (and Defend which were received so soon as to reach the Clerk's office not later than four days before the date fixed for the hearing, and shall at the same time complete, detach and send by post to the plaintiff
solicitor for the plaintiff the other such Notice received. Hearing of proceedings 8.
der 45 (Judgment in Default) of these Rules shall not apply to proceedings to which this
der relates.
6 hereof the Clerk shall produce to the Court any communication
correspondence received from the defendant. where defendant does not appear
to the defendant's address of the envelope containing the copy documents for service referred to in rule 5
der.
solicitor for the plaintiff to show to the satisfaction of the Court- (a) that each claim made in the document instituting the proceedings is one which, by virtue of the provisions of the Jurisdiction Regulation, the Conventions
, as the case may be, the Lugano Convention, the Court has jurisdiction to hear and determine, (b) that no other Court has exclusive jurisdiction within the meaning of the Jurisdiction Regulation, the 1968 Convention
, as the case may be, the Lugano Convention to hear and determine such claim, 0.62, r8 (c) that no proceedings involving the same cause of action are pending between the parties in another Member State
, as the case may be, in another Contracting State, (d) that the defendant was duly served with the document instituting the proceedings
notice thereof, and (e) that the defendant has been able to receive the said document
notice in sufficient time to enable him
her to arrange for his
her defence,
all necessary steps have been taken to this end, as required by Article 26 of the Jurisdiction Regulation
of either the 1968 Convention
, as the case may be, the Lugano Convention.
given notice to defend judgment shall not be given until the requirements of Article 19 of the Service Regulation
, as appropriate, Article 15 of The Hague Convention (as set out in
der 11, rule 10 of these Rules) have been complied with.
delivery as provided for by the Service Regulation
by The Hague Convention has been received. if all the conditions listed in the said Article 15 of the Service Regulation
of the Hague Convention (as set out in
der 11, rule 11 of these Rules) are fulfilled. Enforcement of judgments abroad provision of documents
solicitor for the plaintiff) shall forthwith notify the defendant of having obtained such judgment.
der 11, rule 12 of these Rules shall apply in every such case. 9.
, as the case may be, Articles 46 and 47 of either the 1968 Convention
, as the case may be, the Lugano Convention, requests the provision of the documents mentioned in section 14 of the Act of 1998 in respect of a judgment given in the District Court, shall lodge with the Clerk for the district court area in which the judgment was given- (a) an
iginal and two copies of the judgment duly completed. (
iginal and copy
copies of the document
documents establishing that notice of the institution of proceedings was served upon the defendant.
copies of the document
documents referred to in paragraph 1 (c) of this rule, and shall retain the other documents in his
her custody. Service of judgment and proof of service 10.
of either the 1968 Convention
the Lugano Convention, it is necessary to serve upon a defendant a judgment given at a sitting of the District Court, such service shall be effected by
on behalf of the plaintiff and in accordance with the provisions of the Service Regulation
The Hague Convention and this
der. When service has been effected and duly certified the certificate of service
, where appropriate, the certificate of posting statutory declaration as to service and the advice of delivery form, shall be lodged with the Clerk for retention with the
iginal judgment.
the Lugano Convention, the Clerk shall give to that party a certificate in the Form 62.4 Schedule C (with any necessary modifications) and certified copy
copies of the relevant document
documents lodged under paragraph
in the Form 62.4A, Schedule C. PART II- ENFORCEMENT OF CERTAIN FOREIGN MAINTENANCE
DERS UNDER THE ACT OF 1998
der not to apply to the enforcement of UK maintenance
ders 11. This
der shall not apply to the enforcement of maintenance
ders made in a reciprocating jurisdiction as provided for in section 14 of the Maintenance
ders Act, 1974 and to which
der 55 of these Rules relates. 12.
der
a copy of an
der varying
revoking such an
der, in respect of which an enforcement
der has been made, is received together with a copy of relevant enforcement
der by a District Court Clerk from the Master of the High Court (
in the case of an instrument of settlement, the High Court) such Clerk shall register particulars of each document received. 0.62, r.14
der has been made in respect of a maintenance
der
an
der varying a maintenance
der, the Clerk shall send by registered post to the maintenance creditor and the maintenance debtor a notice in the Form 62.5 Schedule C.
der has been made in respect of an
der revoking a maintenance
der, the Clerk shall send by registered post to the maintenance debtor a copy of such revocation
der and a statement of any amounts still due and payable under the maintenance
der. 13.
der and a copy of the relevant enforcement
der, (
der (if any), (d) any other relevant document.
der and the copy of the enforcement
der had been received from the Master of the High Court (
in the case of an instrument
settlement, the High Court). 14.
der but not duly paid such Clerk may proceed in accordance with the provisions of
der 56 (Attachment of Earnings)
der 57 (Proceedings under section 8 of the Enforcement of Court
ders Act, 1940 ) of these Rules.
her under an enforceable maintenance
der for transmission to the maintenance creditor are in arrears and he
she has received no request in writing under the said section 9
her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the
der. Application by virtue of Articles 2 and 5.2 of the Jurisdiction Regulation
the 1968 Convention 15. An application to the District Court being brought- (a) by virtue of Article 5.2 of the Jurisdiction Regulation,
.2 of either the 1968 Convention
the Lugano Convention by a maintenance creditor domiciled
habitually resident in the State against a maintenance debtor domiciled in a Member State
Contracting State other than the State for the variation of a maintenance
der, 0.62, r.15 (b) by virtue of Article 2 of the Jurisdiction Regulation,
of either the 1968 Convention
the Lugano Convention by a maintenance creditor domiciled in a Member State
Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance
der,
(c) by virtue of Article 2 of the Jurisdiction Regulation,
of either the 1968 Convention
the Lugano Convention by a maintenance debtor domiciled in a Member State
Contracting State other than the State against a maintenance creditor domiciled in the State for the variation
revocation of a maintenance
der, shall be preceded by the issue and service upon the defendant party of a summons in the Form 62.7 Schedule C
, where appropriate, notice thereof in the Form 62.1 Schedule C, with any necessary modifications, where the defendant party is domiciled in a Member State
Contracting State other than the State, and the provisions of this
der shall apply. The
der of the Court granting the application shall be in the Form 62.8 Schedule C and shall be served upon a party within the jurisdiction by registered post and upon a party domiciled in another Member State
Contracting State in accordance with the provisions of the Service Regulation
, as appropriate, The Hague Convention (including Articles 8 to 11 thereof) and this
der. PART III- RECOVERY OF MAINTENANCE - MAINTENANCE ACT, 1994- PART II - RECIPROCATING JURISDICTIONS - THE ROME CONVENTION Enforcement
der 16. If a judgment
an instrument
settlement referred to in Articles 57
58 of the Jurisdiction Regulation,
Articles 50
51 of the Brussels Convention
the Lugano Convention does not relate solely to maintenance, these Rules shall apply only to those parts that relate to maintenance, and upon receipt of an enforcement
der made by the High Court, in relation thereto, the Clerk shall proceed as indicated in rule 17 hereof. 17. Where, pursuant to section 7
enforcement in the State of a maintenance
der which has been transmitted by the Central Authority of a reciprocating jurisdiction, sends the application to (a) the Master of the High Court for determination in accordance with section 7 of the Act of 1998,
(b) the High Court for determination in accordance with Articles 38, 39 and Annex II of the Jurisdiction Regulation
, as appropriate, Article 31 of the Brussels
Lugano Conventions O.62, r.18 and, where an enforcement
der is made under sections 7
ders are sent to the appropriate District Court Clerk, such clerk shall register the documents and proceed to enforce the enforceable maintenance
der in accordance with the provisions of this
der. PART IV - RECOVERY OF MAINTENANCE -MAINTENANCE ACT, 1994 -DESIGNATED JURISDICTIONS -THE NEW YORK CONVENTION 18. Where the Central Authority receives a request from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“the respondent”), and such request being accompanied by an
der of a Court in a Contracting State (within the meaning of the Act of 1998), the Central Authority transmits the request pursuant to section 14
section 7 of the Act of 1998, and where the Master having made an enforcement
der in respect of the maintenance
der, sends those
ders to the appropriate District Court Clerk such Clerk shall proceed as indicated in rule 16 of these Rules. 19.
der made by any other Court and the Central Authority is of opinion that the
der may be enforceable in the State the Central Authority may make application pursuant to section 14
der
iginal of the notice, together with a statutory declaration as to service thereof and the certificate of posting, at least four days prior to the said date of hearing. O.62, r.19
ders
der for the enforcement of the
der of the court in the designated jurisdiction for the recovery of maintenance such
der of the Court shall be in the Form 62.10 Schedule C and copies thereof shall be sent by the Clerk to the Central Authority and the respondent. and enforce
der
der the Clerk shall proceed to enforce the enforceable maintenance
der as indicated in rule 16 of these Rules. Enforcement Procedure where not accompanied by
der- 20.
der referred to in rule 17
in rule 18 hereof,
(b) enforcement of the
der is refused, - application to District Court and the Central Authority intends to make an application to the District Court pursuant to section 14
der under section 5 5A
21A of the Act of 1976, as appropriate. - on notice
iginal of the notice, together with the certificate of posting, at least four days prior to the said date of hearing.
der the Clerk shall proceed in accordance with the relevant provisions of the
der 54 and this
der, and the forms therein provided (with any necessary modifications) may be used. O.62, r.21 21. Where the court, on an application to it under section 14
der pursuant to subsection (7 of that section transferring the proceedings to a district court district where facilities are available for taking the evidence of the claimant
of any witness through a live television link, such
der shall be in the Form 62.13 Schedule C. The Clerk shall forward a copy thereof together with any other documents in his
her possession relating to the proceedings, to the appropriate District Court Clerk. 23. A request by the claimant to give evidence on sworn deposition before the District Court pursuant to section 15
carries on any profession business
occupation. A deposition, taken under that provision shall be in the Form 62.14 Schedule C and the certificate of the Court required under that provision (which may be added at the foot of the deposition) shall be in the Form 62.15 Schedule C. A certified copy of the deposition and certificate shall be given by the Clerk to the claimant. 24. The certificate to be given by the Clerk to a claimant on request pursuant to section 15
for the delay in executing it and the Clerk shall send the same to the Central Authority for transmission to the requesting authority. PART V - MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS II, III AND IV REFER Currency of payments 26. An amount payable in the State under:- (a) an enforceable maintenance
der by virtue of an enforcement
der as provided for in the Act of 1988,
(b) an
der for recovery of maintenance which is made by a Court in a jurisdiction other than the State and is enforceable in the State as provided for in the Act of 1994, shall be paid in the currency of the State and if the amount is stated in the enforceable maintenance
der
der for recovery, as the case may be, in a currency other than the currency of the State, the payment shall be made on the basis of the exchange rate prevailing on the date of the making of the enforcement
der
of the
der of a court in the State for the enforcement of the
der, for the recovery of maintenance between that other currency and the currency of the State. Clerk to give receipt for and transmit payments 27.
send by
dinary post, to the maintenance debtor a receipt for each payment made by him
her under an
der referred to in rule 26 hereof and shall transmit such payment forthwith by registered post, by insured post
by any other appropriate method to the person entitled to receive it, having due regard to the provisions of subsections 2 (a) and 2 (b) of section 4 of the Act of 1994.
der referred to in rule 26 hereof to an authorised dealer, (i.e. a licensed bank) for inspection. Venue for proceedings by creditor 28.
on behalf of the maintenance creditor being brought in the District Court under the Act of 1998 for the enforcement of an enforceable maintenance
der, may be brought heard and determined: O.62, r.28
der concerned resides in the State, at any sitting of the Court for the district court district in which the maintenance debtor resides, (b) in case the maintenance debtor does not reside in the State but is in the employment either of a person residing
having a place of business in the State
of a corporation
association having its seat therein, at any sitting of the Court for the district court district in which that person resides
, as the case may be, the corporation
association has its seat.
of either the 1968 Convention
the Lugano Convention for the variation of a maintenance
der made in a Contracting State other than the State may be brought, heard and determined at any sitting of the Court for the district court district in which the maintenance debtor is domiciled. PART VI- MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS III AND IV REFER 29.
der requiring a person
body (not being a person
body mentioned in subsection
location and extent of the assets of a maintenance debtor (within the meaning of the Act of 1998)
respondent may be made at any sitting of the Court for the district court district in which the person
body to whom the
der sought is to be directed resides
carries on any profession, business
occupation, and notice of such application in the Form 62.19 Schedule C shall be lodged with the Clerk at least four days prior to the date of hearing.
der sought, such
der shall be in the Form 62.20 Schedule C and the Central Authority shall forward a copy thereof to the person
body concerned. SCHEDULE 3 No.62.1 EIRE IRELAND AN CHUIRT DUICHE THE DISTRICT COURT District Court Area of District No. In the matter of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters. *Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil
commercial matters. *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September,
Commercial Matters signed at The Hague on the 15th day of November, 1965. NOTICE OF INSTITUTION OF PROCEEDINGS Between ...................................................................................................... of ............................................................................................ Plaintiff and ........................................................................................................ of ........................................................................................... Defendant YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you the above-named defendant, domiciled at ......................................................... by the above- named Plaintiff, *(
dinarily resident) *(carrying on a professional business/ occupation) at .......................................................................................... *(in the district court area aforesaid), claiming as follows:- The proceedings have been listed for hearing at the sitting of the District Court to be held at on the day of 20 at a.m./p.m. IF YOU INTEND TO APPEAR
TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (
your Solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his
her office not later than four days before the above-mentioned date of hearing and post the other Notice to the plaintiff
the solicitor for the plaintiff. IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU: Dated this day of 20 Signed ............................. District Court Clerk for the above-named district court area. District Court Office, at...................... .............................................. IRELAND To .............................................................. of .............................................................. the above-named defendant. These proceedings have been issued *(by the Plaintiff) *(by Solicitors of ...................................................................... Solicitors for the Plaintiff) SCHEDULE C 0.62, rr.5
) TO BE REPRESENTED at the hearing of the proceedings brought against him/her by ................................................................................................ (the Plaintiff) of .......................................................................................... and which are listed for hearing at the sitting of the District Court to be held at on the day of 20 at a.m./.p.m. *(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS) *(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION FOR THE PURPOSEOF DEFENDING THE PROCEEDINGS). Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to ........................................ at ........................................................................................) Dated this day of 20 Signed ........................................... *Defendant *Solicitor for Defendant of ............................................... To: District Court Clerk, District Court Office, at ........................................................ IRELAND SCHEDULE C 0.62, rr.5
) TO BE REPRESENTED at the hearing of the proceedings brought against him/her by ................................................................................................ (the Plaintiff) of .......................................................................................... and which are listed for hearing at the sitting of the District Court to be held at on the day of 20 at a.m./.p.m. *(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS) *(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION FOR THE PURPOSEOF DEFENDING THE PROCEEDINGS). Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to ........................................ at ........................................................................................) Dated this day of 20 Signed ........................................... *Defendant *Solicitor for Defendant of ............................................... To: District Court Clerk, District Court Office, at ........................................................ IRELAND No.62.2 ÉIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area District No. In the matter of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”). *Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil
commercial matters. *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September,
Commercial Matters signed at The Hague on the 15th day of November, 1965. CERTIFICATE AS TO COURT'S JURISDICTION Between .................................................................................... of ........................................................................................ Plaintiff and ................................................................................................ of ........................................................................................ Defendant I ................................... (the Plaintiff) *(solicitor for Plaintiff) do hereby certify SCHEDULE C 0.62, r.4
arises out of the operation of a branch, agency
other establishment of the defendant which said branch agency
establishment is situated within the jurisdiction of the Honourable Court. - the claim against the defendant is a claim in which the plaintiff is a policy holder under a policy of insurance and it is therefore a claim to which *(Article 9 of the Jurisdiction Regulation) *(Article 8.2 of the 1968 Convention) *(Article 8.2 of the Lugano Convention) above-named applies. The Plaintiff is
dinarily resident/carries on a profession business
occupation in the District Court Area above-named within the jurisdiction of the Honourable Court. - the claim against the defendant is being brought by the plaintiff in his/her capacity as a consumer in relation to a consumer contract to which *(Article 16 of the Jurisdiction Regulation) *(Article 14 of the 1968 Convention *(Article 14 of the Lugano Convention) above-named applies. The plaintiff is
dinarily resident/carries on a profession, business
occupation in the District Court Area above-named within the jurisdiction of the Honourable Court - the claim against the defendant is a claim to which *(Article 22 of the Jurisdiction Regulation) *(Article 16 of the 1968 Convention) *(Article 16 of the Lugano Convention) (relating to exclusive jurisdiction) above-named applies and the Honourable Court has exclusive jurisdiction to hear and determine the claim because (give details as in relevant provisions of Article 22/Article 16) - the claim against the defendant arises out of a contract/agreement made between the plaintiff and the defendant which provided, inter alia, that the Honourable Court was to have jurisdiction in relation to matters arising thereout and, by virtue of *(Article 23 of the Jurisdiction Regulation *(Article 17 of the 1968 Convention) *(Article 17 of the Lugano Convention) above-named, the Honourable Court is entitled to assume jurisdiction. SCHEDULE C O.62, r.9
commercial matters. *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September,
Commercial Matters signed at The Hague on the 15th day of November,
suspended and that the time available for its enforcement has not expired. Dated this day of 20 Signed ............................................................. District Court Clerk for the above-named district court area, District Court Office at ................................. IRELAND SCHEDULE C 0.62.r.10
commercial matters. *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September,
Commercial Matters signed at The Hague on the 15th day of November,
igin - IRELAND 2. Court
competent authority issuing the certificate - DISTRICT COURT 2.1. Name 2.2. Address 2.3. Tel./fax/e-mail 3. Court which delivered the judgment/approved the court settlement (*) 3.1. Type of court 3.2. Place of court 4. Judgment/court settlement (*) 4.1. Date 4.2. Reference number 4.3. The parties to the judgment/court settlement (*) 4.3.1. Name(
igin (Articles 38 and 58 of the Regulation) against: Name: Done at ............................, This ...... day of ................ 20... Signature and/
stamp ................................................................................................... District Court Clerk SCHEDULE C 0.62.r. 12
commercial matters. *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September,
Commercial Matters signed at The Hague on the 15th day of November, 1965. Section 9
DER Between ......................................................................................... of ...................................................................................... Maintenance Creditor and ........................................................................................ of ....................................................................................... Maintenance Debtor YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below payable by you, the above-named maintenance debtor, under a maintenance
der *(made) *(as varied) on the day of 20 by and in respect of which an enforcement
der has been made by the Master of the High Court Dublin on the day of 20 are by virtue of section 9
der (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency to The District Court Clerk, District Court Office, at ............................................ Whose office hours are from to Monday to Friday each week. Dated this day of 20 Signed ............................................................. District Court Clerk for the above-named district court area, District Court Office at................................. .................................... IRELAND PARTICULARS OF SUMS DUE (Set out the details) Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses): Euro € In addition to this last-named sum you are obliged to pay Euro € per week in accordance with the terms of the
der and the provisions of the above-named Act of 1998 To ....................................................................................................... of ..................................................................................................... The maintenance debtor NOTE Under section 9
der *(made) *(as varied) on the day of 20 by and in respect of which an enforcement
der was made by the Master of the High Court on the day of 20 *[have not been paid in full. and that there is. according to the best of my information and belief, in arrears the sum of Euro € being the amount of weekly payments which have become due and payable up to and including the day of 20 (together with the sum of Euro € for costs and expenses, making in all the total sum of Euro € )]. *[have been paid in full up to and including theday of 20 and that there are no such sums in arrears at the date of this certificate.] Dated this day of 20 Signed ............................................................. District Court Clerk for the above-named district court area, District Court Office at ................................. IRELAND SCHEDULE C O.62.r.13 No. 62.7 EIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area of District No. In the matter of *(Article 2) *(Article 5.2) of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”). *(Article 2) *(Article 5.2) of *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968. *The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988. And in the matter of *Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil
commercial matters. *The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil
Commercial Matters signed at The Hague on the 15th day of November, 1965. And in the matter of Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998 SUMMONS TO *VARY *REVOKE A MAINTENANCE
DER Between ......................................................................................... of ...................................................................................... Maintenance Creditor and ........................................................................................ of ....................................................................................... Maintenance Debtor YOU ARE HEREBY REQUIRED TO APPEAR at the sitting of the District Court to be held at on the day of 20 at a.m./p.m. upon the hearing of an application by the above-named *(maintenance creditor) *(maintenance debtor) residing at ............................................................................................................... (in the court area and district aforesaid to have the maintenance
der which was made on the day of 20 by † whereby the above-named maintenance debtor was
dered to pay ‡ *(being an
der in respect of which an enforcement
der was made on the day of 20 by the Master of the High Court at Dublin). *VARIED *REVOKED on the following grounds- IF YOU INTEND TO APPEAR
TO BE REPRESENTED AT THE HEARING OF THESE PRQCEEDINGS you (
your solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his
her office not later than four days before the above-named date of hearing, and post the other notice to the other party in the proceedings
to that party's solicitor, as the case may be. IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU. Dated this day of 20 Signed ............................................................. District Court Clerk for the above-named district court area, District Court Office at ................................. IRELAND To of *(in the court area and district aforesaid) *(maintenance creditor) *(maintenance debtor) Add two Notices of Intention to Appear as in Form 62.1 SCHEDULE C O.62.r.15 No.62.8 EIRE IRELAND AN CHUIRT DUICHE THE DISTRICT COURT District Court Area of District No. In the matter of *(Article 2) *(Article 5.2) of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”). *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968. *The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988. And in the matter of *Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil
commercial matters. *The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil
Commercial Matters signed at The Hague on the 15th day of November, 1965. And in the matter of Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
DER *VARYING *REVOKING A MAINTENANCE
DER Between ......................................................................................... of ...................................................................................... Maintenance Creditor and ........................................................................................ of ....................................................................................... Maintenance Debtor WHEREAS by maintenance
der dated the day of 20 made by † *(in respect of which an enforcement
der was made on the day of 20 by the Master of the High Court at Dublin) the above-named maintenance debtor. now residing at.................................................................................... *(in court area and district aforesaid) was
dered to pay to the above-named maintenance creditor, now residing at .......................................................... *(in court area and district aforesaid) the sum of Euro € AND WHEREAS an application was made by summons to this Court to-day by the *(maintenance creditor) *(maintenance debtor) for an
der *varying *revoking the said maintenance
der, AND HAVING HEARD the evidence tendered by
on behalf of the *(maintenance creditor) *(and) *(maintenance debtor), AND BEING SATISFIED
DERS THAT THE SAID MAINTENANCE
DER *BE REVOKED *BE VARIED AS FOLLOWS Dated this day of 20 Signed: ........................................................ Judge of the District Court Given this 19th day of May 2003 Peter Smithwick John Garavan Uinsin Mac Gruairc Mary C Devins Sean McMullin Hugh O‘Neill Damien J Colgan David Kelly Chairman I concur in the making of the foregoing rules Dated this 4th day of October 2005 Michael McDowell Minister for Justice, Equality and Law Reform EXPLANATORY NOTE (This does not form part of the instrument and does not purport to be a legal interpretation) “These Rules amend (a)
der 11 of the District Court Rules 1997, in consequence of the provisions of Council Regulation (EC) 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extra-judicial documents in civil
commercial matters (O.J. L 160 of 30 June 2000, p.37) and (b)
der 62 of those Rules, in consequence of the provisions of that Regulation and of Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and enforcement of judgments in civil and commercial matters (O.J. L 307 of 24 November 2001 p.28).” (*) Delete as appropriate. (*) Delete as appropriate. (*) Delete as appropriate. (*) Delete as appropriate. (*) Delete as appropriate. † State Court which made
der ‡ Give details of the
der † State Court which made
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