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S.I. No. 311/2013 - District Court (Maintenance and Lugano Convention) Rules 2013.

S.I. No. 311/2013 - District Court (Maintenance and Lugano Convention) Rules 2013. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English

Article 17.1 of the Maintenance Regulation otherwise than for the purpose of enforcement of the decision. 22.

(1)The provisions of Order 54, Order 56 and Order 57 (except rules 7 and 8 of that Order) shall apply and may be applied in respect of any decision

Article 17

.1 of the Maintenance Regulation which is a maintenance order (by virtue of the 2011 Regulations) or, as the case may be, is deemed to be an antecedent order by virtue of Regulation 8

(3)of the 2011 Regulations.
(2)Without prejudice to the generality of sub-rule
(1), whenever: (a) a District Court Clerk receives a request in writing from a maintenance creditor or from the Central Authority under the Maintenance Regulation in relation to any sum payable by virtue of any decision

Article 17

.1 of the Maintenance Regulation which is a maintenance order (by virtue of the 2011 Regulations) or, as the case may be, is deemed to be an antecedent order by virtue of Regulation 8

(3)of the 2011 Regulations, but not duly paid, such Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or rules 3 and 4 (but not rules 7 and 8) of Order 57 (Proceedings under section 8 of the Enforcement of Court Orders Act 1940 ), or (b) it appears to a District Court Clerk that any sums payable to him or her under any decision

Article 17

.1 of the Maintenance Regulation which is a maintenance order (by virtue of the 2011 Regulations) or, as the case may be, is deemed to be an antecedent order by virtue of Regulation 8

(3)of the 2011 Regulations, for transmission to the maintenance creditor are in arrears and he or she has received no request in writing under section 9
(2)of the Family Law (Maintenance of Spouses and Children) Act 1976 in relation thereto, such Clerk may in his or 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 order. PART IV ENFORCEMENT OF EU MAINTENANCE ORDERS UNDER THE MAINTENANCE REGULATION AND THE 2011 REGULATIONS: DECISIONS GIVEN IN A MEMBER STATE NOT BOUND BY THE 2007 HAGUE PROTOCOL AND DECISIONS GIVEN IN A MEMBER STATE BOUND BY THE 2007 HAGUE PROTOCOL BUT TO WHICH ARTICLE 75.2(a) OR (b) APPLY 23.
(1)Where a copy of a maintenance order or a copy of an order varying or revoking such an order, in respect of which an enforcement order has been made, is received together with a copy of the relevant enforcement order by a District Court Clerk from the Master of the High Court or the Central Authority, such Clerk shall register particulars of each document received.
(2)If the enforcement order has been made in respect of a maintenance order or an order varying a maintenance order, the Clerk shall send by registered post to the maintenance creditor and the maintenance debtor a notice in the Form 62.5 Schedule C.
(3)If the enforcement order has been made in respect of an order revoking a maintenance order, the Clerk shall send by registered prepaid post to the maintenance debtor a copy of such revocation order and a statement of any amounts still due and payable under the maintenance order, which statement shall contain, or be sent together with, an endorsement to the like effect as the endorsement on a notice under sub-rule
(2). 24.
(1)Whenever a District Court Clerk receives a request in writing from a maintenance creditor under Regulation 10
(9)of the 2011 Regulations in relation to any sum payable by virtue of an enforceable maintenance order but not duly paid, such Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or rules 3 and 4 (but not rules 7 and 8) of Order 57 (Proceedings under section 8 of the Enforcement of Court Orders Act 1940 ).
(2)Where it appears to a District Court Clerk that any sums payable to him or her under an enforceable maintenance order for transmission to the maintenance creditor are in arrears and he or she has received no request in writing under the said Regulation 10
(9)in relation thereto, such Clerk may in his or 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 order. Application by virtue of Articles 2 and 5.2 of Brussels Convention or the Lugano Convention 25.
(1)An application to the District Court being brought— (
  1. a)by virtue of Article 5.2 of either the Brussels Convention or the Lugano Convention by a maintenance creditor domiciled or habitually resident in the State against a maintenance debtor domiciled in a Member State or Contracting State other than the State for the variation of a maintenance order, (
  2. b)by virtue of Article 2 of either the Brussels Convention or the Lugano Convention by a maintenance creditor domiciled in a Member State or Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance order, or (
  3. c)by virtue of Article 2 of either the Brussels Convention or the Lugano Convention by a maintenance debtor domiciled in a Member State or Contracting State other than the State against a maintenance creditor domiciled in the State for the variation or revocation of a maintenance order, shall be preceded by the issue and service upon the defendant of a summons in the Form 62.7 Schedule C or, where appropriate, notice thereof in the Form 62.1 Schedule C, with any necessary modifications, where the defendant is domiciled in a Member State or Contracting State other than the State, and the provisions of this Order shall apply.
(2)The order 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 or Contracting State in accordance with the provisions of the Service Regulation or, as appropriate, the Hague Convention (including Articles 8 to 11 thereof) and this Order. PART V RECOVERY OF MAINTENANCE Maintenance Act 1994 — Part II Reciprocating Jurisdictions Enforcement Order
  1. If a judgment or an instrument or settlement referred to in Articles 50 or 51 of the Brussels Convention or, as the case may be, Articles 57 or 58 of 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 order made by the High Court, in relation thereto, the Clerk shall proceed as indicated in rule
  3. Where, pursuant to section 7
(1)of the Act of 1994, the Central Authority under the 1994 Act, on receipt of an application for the recognition or enforcement in the State of a maintenance order which has been transmitted by the Central Authority of a reciprocating jurisdiction, sends the application to_ (
  1. a)the Master of the High Court for determination in accordance with section 7 of the Act of 1998, or (
  2. b)the High Court for determination in accordance with Articles 31 and 32 of the Brussels Convention or, as the case may be, Articles 38 and 39 and Annex II of the Lugano Convention and, where an enforcement order is made under sections 7
(2)or 7
(7)of the Act of 1994, as appropriate, and the orders are sent to the appropriate District Court Clerk, such clerk shall register the documents and proceed to enforce the enforceable maintenance order in accordance with the provisions of this Order. PART VI RECOVERY OF MAINTENANCE Maintenance Act 1994 Designated Jurisdictions The New York Convention 28. Where the Central Authority under the 1994 Act 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 order of a Court in a Contracting State (within the meaning of the Act of 1998), the Central Authority under the 1994 Act transmits the request pursuant to section 14
(1)(a) of the Act of 1994 to the Master of the High Court for determination in accordance with section 7 of the Act of 1998, and where the Master, having made an enforcement order in respect of the maintenance order, sends those orders to the appropriate District Court Clerk, such Clerk shall proceed as indicated in rule 27. 29.
(1)Where the Central Authority under the 1994 Act receives a request referred to in rule 28 and such request is accompanied by an order made by any other Court and the Central Authority under the 1994 Act is of opinion that the order may be enforceable in the State, the Central Authority under the 1994 Act may apply pursuant to section 14
(1)(b) of the Act of 1994 at any sitting of the District Court for the relevant court district (as set out in section 14
(11)of the Act of 1994) for the enforcement of the order.
(2)Such application shall be preceded by the issue and service of a notice, in the Form 62.9 Schedule C upon the respondent. The notice shall be accompanied by a copy of the documents mentioned in section 14
(6)of the Act of 1994. Service shall be effected by registered post at least 21 days prior to the date of hearing of the application.
(3)When service has been effected, the applicant shall lodge with the Clerk the original 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. Clerk to send copy orders
(4)Where, upon hearing the application, the Court makes an order for the enforcement of the order of the court in the designated jurisdiction for the recovery of maintenance, such order 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 under the 1994 Act and the respondent. and enforce order
(5)When the Court makes such an order the Clerk shall proceed to enforce the enforceable maintenance order as indicated in rule 27. Enforcement Procedure where not accompanied by order 30.
(1)Where the Central Authority under the 1994 Act receives a request referred to in rule 27 and either— (
  1. a)such request is not accompanied by an order referred to in rule 27 or in rule 28, or (
  2. b)enforcement of the order is refused, —application to District Court and the Central Authority under the 1994 Act intends to make an application to the District Court pursuant to section 14
(1)(c)(ii) of the Act of 1994, for the recovery of maintenance in accordance with the request, such application may be made at any sitting of the Court for the relevant Court District (as set out in section 14
(11)of the Act of 1994) and shall be deemed (as provided in section 14
(3)of that Act) to be an application for a maintenance order under section 5, 5A or 21A of the Act of 1976, as appropriate. —on notice
(2)The application shall be preceded by the issue and service of a notice, in the Form 62.11 Schedule C upon the respondent. The notice shall be accompanied by copies of the documents mentioned in section 14
(6)of the Act of 1994. Service shall be effected by registered post at least 21 days prior to the date of hearing of the application.
(3)When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with the certificate of posting, at least four days prior to the said date of hearing.
(4)Where, upon hearing the application, the court makes a maintenance order, the Clerk shall proceed in accordance with the relevant provisions of Order 54 and this Order, and the forms therein provided (with any necessary modifications) may be used. 31. Where the court, on an application to it under section 14
(1)(c) of the Act of 1994, takes evidence from the respondent on sworn deposition, such deposition shall be in the Form 62.12 Schedule C. A copy thereof shall be sent by the Clerk to the Central Authority under the 1994 Act for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit. 32. Where, at the hearing of an application under section 14
(1)(c) of the Act of 1994, the Court makes an order pursuant to section 14
(7)of that Act transferring the proceedings to a district court district where facilities are available for taking the evidence of the claimant or of any witness through a live television link, such order shall be in the Form 62.13 Schedule C. The Clerk shall forward a copy thereof, together with any other documents in his or her possession relating to the proceedings, to the appropriate District Court Clerk. 33. A request by the claimant to give evidence on sworn deposition before the District Court pursuant to section 15
(2)(a) of the Act of 1994 may be made at any sitting of the Court for the district court district in which the claimant resides or carries on any profession, business or 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. 34. The certificate to be given by the Clerk to a claimant on request, pursuant to section 15
(3)(b) of the Act of 1994, shall be in the Form 62.16 Schedule C. 35.
(1)Subject to the provisions of section 19
(8)of the Act of 1994, where on request from the Master of the High Court, pursuant to section 19
(2)of the Act of 1994, a Judge of the District Court proposes to take the evidence of a person for the purposes of proceedings in a designated jurisdiction for the recovery of maintenance, the Clerk shall issue and serve notice, in the Form 62.17 Schedule C upon the person concerned, the Central Authority under the 1994 Act, the Master of the High Court and upon such other persons as the judge thinks fit. The notice shall be served by registered post at least 21 days prior to the date fixed for taking the evidence.
(2)Where such evidence is taken on sworn deposition, the deposition shall be in the Form 62.18 Schedule C. The Clerk shall send a certified copy thereof to the Central Authority under the 1994 Act for transmission to the requesting authority.
(3)Where, as provided for in section 19
(9)of the Act of 1994, the requesting authority makes a request for the taking of evidence directly to the District Court, the provisions of this rule shall, with any necessary modifications, apply in relation to such a request.
(4)If it is not possible to take the evidence within four months of the receipt of the request by the Central Authority under the 1994 Act, the Judge shall certify in the Form 62.21 Schedule C the reasons for the non-execution of the request or for the delay in executing it and the Clerk shall send the same to the Central Authority under the 1994 Act for transmission to the requesting authority. PART VII MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS II TO VI REFER Currency of payments 36. An amount payable in the State under— (a) a decision

Article 17

.1 of the Maintenance Regulation; (

  1. b)an enforceable maintenance order by virtue of an enforcement order as provided for in the 2011 Regulations, or (
  2. c)an order for recovery of maintenance which is made by a Court in a jurisdiction other than the State and is enforceable in the State as provided for in the Act of 1994, shall be paid in the currency of the State and if the amount is stated in the decision, enforceable maintenance order or order for recovery, as the case may be, in a currency other than 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 order or of the order of a court in the State for the enforcement of the decision for the recovery of maintenance between that other currency and the currency of the State. Clerk to give receipt for and transmit payments 37.

(1)The District Court Clerk shall give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him or her under an order referred to in rule 36 and shall transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it, having due regard to the provisions of subsections 2(a) and 2(b) of section 4 of the Act of 1994, where applicable.
(2)Before transmitting any such payment abroad the Clerk shall comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and shall, where necessary for that purpose, produce the order referred to in rule 36 to an authorised dealer, (i.e. a licensed bank) for inspection. Venue for proceedings by creditor 38.
(1)Proceedings by or on behalf of the maintenance creditor being brought in the District Court under the 2011 Regulations and the Maintenance Regulation for the enforcement of an enforceable maintenance order, may be brought, heard and determined: (a) in case the maintenance debtor under the enforceable maintenance order concerned resides in the State or is deemed under Regulation 6 of the 2011 Regulations to be habitually resident in the Dublin Metropolitan District, at any sitting of the Court for the court district in which the maintenance debtor habitually resides or, as the case may be, is deemed to be habitually resident, in accordance with Regulation 10
(7)(
  1. a)of the 2011 Regulations; (
  2. b)in case the maintenance debtor does not reside in the State but is in the employment either of a person residing or having a place of business in the State or of a body whose seat of management or control is in the State, at any sitting of the Court for the court district in which that person resides or, as the case may be, the body has its seat, in accordance with Regulation 10
(7)(b) of the 2011 Regulations.
(2)Proceedings being brought by the maintenance creditor by virtue of Article 2 of either the Brussels Convention or the Lugano Convention for the variation of a maintenance order made in a Contracting State other than the State may be brought, heard and determined at any sitting of the Court for the court district in which the maintenance debtor is domiciled. PART VIIIMISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS II, IV AND V REFER 39.
(1)An application by the Central Authority under the Maintenance Regulation to the Court under Regulation 19
(2)of the 2011 Regulations for an order requiring a person or body (not being a person or body mentioned in Regulation 19
(1)of the 2011 Regulations) to provide to the Central Authority under the Maintenance Regulation information as to the whereabouts, place of work, or location and extent of the assets, of a maintenance creditor or debtor (within the meaning of the 2011 Regulations) may be made at any sitting of the Court for the court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation. Notice of 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.
(2)Where the Court grants the application and makes the order sought, such order shall be in the Form 62.20 Schedule C and the Central Authority shall forward a copy thereof to the person or body concerned. 40.
(1)An application by the Central Authority under the 1994 Act to the Court under section 20
(2)of the Act of 1994 for an order requiring a person or body (not being a person or body mentioned in section 20
(1)of that Act) to provide to the Central Authority under the 1994 Act information as to the whereabouts, place of work, or location and extent of the assets of a maintenance debtor (within the meaning of the Act of 1998) or respondent may be made at any sitting of the Court for the court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation. Notice of 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.
(2)Where the Court grants the application and makes the order sought, such order shall be in the Form 62.20 Schedule C and the Central Authority shall forward a copy thereof to the person or body concerned.” SCHEDULE 2 SCHEDULE C O. 62, rr. 5
(2), 5
(3), 5
(6), 13
(2), 13
(3), 13
(5), 19, 25
(1)No. 62.1 ÉIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area of District No. ................... In the matter of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters. *The 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, done at Lugano on the 30th day of October, 2007. *Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. 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 *habitually resident at .............. by the above-named Plaintiff, *(ordinarily resident) *(carrying on a profession/ business/occupation) *(habitually resident) at ....................................................... *(in the District Court area aforesaid), claiming as follows:- [insert particulars of claim from civil summons, maintenance summons or other relevant originating document] The proceedings have been listed for hearing at the sitting of the District Court to be held at..on theday of..20 at a.m./p.m. IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (or 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 or her office not later than four days before the above-mentioned date of hearing and post the other to the plaintiff or the solicitor for the plaintiff. †AND TAKE NOTICE that you are required to deliver a defence to the plaintiff’s claim not later than 28 days after the date of receipt of this notice 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) *delete where inapplicable †in personal injuries proceedings No. 62.1 (continued) ..............detach this page........................................................ District Court Area of District No. .................. Between of .............. Plaintiff and .............. of .............. Defendant NOTICE OF INTENTION TO APPEAR TAKE NOTICE THAT .............. (the Defendant) domiciled at .............. INTENDS TO APPEAR (
  1. or)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 PURPOSE OF 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 *delete where inapplicable No. 62.1 (continued) ..............detach this page........................................................ District Court Area of District No. .................. Between of .............. Plaintiff and ............... of ...............Defendant NOTICE OF INTENTION TO APPEAR TAKE NOTICE THAT .............. (the Defendant) domiciled at .............. INTENDS TO APPEAR (
  2. or)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 .. 20at 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 PURPOSE OF DEFENDING THE PROCEEDINGS). Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to ...............) Dated this ....... day of ............................................ 20...... Signed............... *Defendant/*Solicitor for Defendant of .............. To: District Court Clerk, District Court Office, at .............. IRELAND *delete where inapplicable SCHEDULE C O. 62, rr. 5
(3), 5
(6), 13
(3), 13
(5)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”). *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 “Brussels Convention”). *The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”). *Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the “Maintenance Regulation”). CERTIFICATE AS TO COURT’S JURISDICTION Between.............. of .............. Plaintiff and.............. of .............. Defendant I ........................................... *(the Plaintiff) *(solicitor for Plaintiff) do hereby certify: 1. that the claim(
  1. s)made in the document instituting the above-named proceedings which was lodged with this certificate *is a claim/*are claims which under the *(Jurisdiction Regulation) *(Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998) *(Maintenance Regulation), the Court has power to hear and determine by virtue of the provisions of Article(
  2. s)..of *(the Jurisdiction Regulation) *(the Brussels Convention) *(the Lugano Convention) *(Maintenance Regulation), 2. that the claim(
  3. s)brought by the Plaintiff *is a claim/*are claims which the Court has jurisdiction to hear and determine by reason of the fact(
  4. s)that ** 3. that no proceedings involving the same cause of action are pending between the parties in another *Member State *Contracting State. Dated this ...... day of .............................................. 20...... Signed .............. *Plaintiff/*Solicitor for Plaintiff *delete where inapplicable **for examples of clauses which might be inserted here see overleaf No. 62.2 (continued) **EXAMPLES OF CLAUSES WHICH MIGHT BE USED, AS APPROPRIATE, IN RECITAL No. 2 ON FORM 62.2 — the defendant is domiciled *(in the District Court Area above-named within the jurisdiction of the Honourable Court) *(in the Member State/Contracting State of .) — the claim against the defendant arises out of a contract and the place for performance of the obligations under the contract is within the jurisdiction of the Honourable Court and therefore, by virtue of Article 5.1 of the *(Jurisdiction Regulation) *(Brussels Convention) *(Lugano Convention) above-named, the Court has jurisdiction. — the claim against the defendant is a claim in tort and the harmful event giving rise to the cause of action occurred within the jurisdiction of the Honourable Court. — the claim against the defendant relates to and/or arises out of the operation of a branch, agency or other establishment of the defendant which said branch, agency or 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 9 of the Lugano Convention) *(Article 8.2 of the Brussels Convention) applies. The Plaintiff is ordinarily resident/carries on a profession, business or occupation in the District Court Area above-named within the jurisdiction of the Honourable Court. — the claim against the defendant is 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 16 of the Lugano Convention) *(Article 14 of the Brussels Convention) applies. The plaintiff is ordinarily resident/carries on a profession, business or 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 22 of the Lugano Convention) *(Article 16 of the Brussels Convention) (relating to exclusive jurisdiction) 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 23 of the Lugano Convention) *(Article 17 of the Brussels Convention), the Honourable Court is entitled to assume jurisdiction. — The plaintiff’s claim is a claim relating to maintenance obligations and the plaintiff is habitually resident in the District Court Area above-named and the claim is within the jurisdiction of the Honourable Court by virtue of Article 3(
  5. b)of the Maintenance Regulation. — The plaintiff’s claim is a claim relating to maintenance obligations and the said claim is ancillary to proceedings concerning the status of a person (specify the proceedings concerned) which proceedings are within the jurisdiction of the Honourable Court by virtue of (specify the basis of the court’s jurisdiction) and accordingly the claim relating to maintenance obligations is within the jurisdiction of the Honourable Court by virtue of Article 3(
  6. c)of the Maintenance Regulation. — The plaintiff’s claim is a claim relating to maintenance obligations and the said claim is ancillary to proceedings concerning parental responsibility (specify the proceedings concerned) which proceedings are within the jurisdiction of the Honourable Court by virtue of (specify the basis of the court’s jurisdiction) and accordingly the claim relating to maintenance obligations is within the jurisdiction of the Honourable Court by virtue of Article 3(
  7. d)of the Maintenance Regulation. — The plaintiff’s claim is a claim relating to maintenance obligations and the parties have agreed in accordance with Article 4 of the Maintenance Regulation the Honourable Court shall have jurisdiction to settle any disputes in matters relating to a maintenance obligation which have arisen or may arise between them, and the court is a court mentioned in Article 4.1*(a)*(b)*(
  8. c)of the Maintenance Regulation. SCHEDULE C O.62, r.9
(1)(b), 9
(2)No. 62.3 ÉIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area of District No. .............. In the matter of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”). *Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or 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, 1968 (the “Brussels Convention”). *The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”). *The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November,
  1. *Section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act
  2. CERTIFICATE BY DISTRICT COURT CLERK Between ..............of .............. Plaintiff and .............. of .............. Defendant I, .............................., the District Court Clerk for the above named District Court area, do hereby certify as follows:-
  3. that the above-named proceedings were in respect of a claim by the plaintiff against the defendant brought before this Court on the . day of .20.. by *(civil) summons issued on the. day of .20.. claiming as follows.
  4. that *(the document instituting the proceedings) *(notice of the institution of the proceedings) was served upon the defendant on the. day of .20.. in the following manner-
  5. that the defendant *(appeared) *(did not appear) at the hearing of the proceedings.
  6. that the defendant *(was represented) *(was not represented) at the hearing of the proceedings.
  7. that the Court assumed jurisdiction in the proceedings pursuant to the provisions of Article(s).. of *(the Jurisdiction Regulation) *(the Brussels Convention) *(the Lugano Convention), on the grounds that—
  8. that the Court gave judgment against the *(defendant) *(plaintiff) as follows:— *7 that the said judgment carries interest at the rate of .. percent per annum on the judgment debt only (exclusive of costs and expenses) that is to say, on the sum of €from the . day of .20.. until it is paid.
  9. that *(notice of appeal against) *(notice to set aside) the judgment *(has been entered) *(has not been entered).
  10. that the time for lodging an appeal against the judgment *(expired) *(will expire) on the. day of .20..
  11. that enforcement of the judgment is not for the time being stayed or 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
  12. 62, r.10
(2)No. 62.4 ÉIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area of District No. ............... In the matter of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”). *Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or 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, 1968 (the “Brussels Convention”). *The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”). *The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November,
  1. CERTIFICATE THAT JUDGMENT IS ENFORCEABLE IN THE STATE AND HAS BEEN SERVED Between of .............. Plaintiff and .............. of .............. Defendant I ........................................... the District Court Clerk for the above-named District Court area, do hereby certify as follows:-
  2. that the judgment given in the above-named proceedings at the sitting of the District Court held at.on the . day of .20..is enforceable in this State, and No. 62.4 (continued)
  3. that on the. day of .20.. a copy of the said judgment was served by registered/insured post upon the defendant at the following address— Dated this...... day of ................................... 20...... Signed.............. District Court Clerk for the above-named district court area, District Court Office at .............. IRELAND Schedule C
  4. 62, r.10
(2)No. 62.4A ÉIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area of District No. ................ Certificate referred to in Articles 54 and 58 of the †Regulation †Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 1. Member State of origin — IRELAND 2. Court or 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(
  1. s)of plaintiff(
  2. s)4. 3.2. Name(
  3. s)of defendant(
  4. s)4. 3.3. Name(
  5. s)of other party(ies), if any 4. 4. Date of service of the document instituting the proceedings where judgment was given in default of appearance 4. 5. Text of the judgment/court settlement (*) as annexed to this certificate 5. Names of parties to whom legal aid has been granted The judgment/court settlement (*) is enforceable in the Member State of origin (Article 38/ 58 of the †Regulation †Convention) against: Name: Done at.............., this......day of........................ 20..... Signature and/or stamp.............. District Court Clerk (*) Delete as appropriate. † Delete where inapplicable. SCHEDULE C O. 62, r. 20
(2)No. 62.5 ÉIRE IRELAND District Court Area of District No. ...................... In the matter of Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the “Maintenance Regulation”). the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ) To .............. of .............. Maintenance debtor ENDORSEMENT This notice is issued to you as maintenance debtor, by the District Court. If you the maintenance debtor fail to make a payment due under the enforceable maintenance order details of which are given below, a summons may be issued for you to attend before the District Court. If you are concerned that you may not be able to comply with the terms of the enforceable maintenance order, you should seek legal advice. The District Court cannot vary the terms of the enforceable maintenance order. Under Regulation 10
(14)of the above-named Regulations of 2011, you are required to notify the District Court Clerk named below of any change in your address. Failure, without reasonable excuse, to do so is an offence punishable on summary conviction by a class C fine. NOTICE CONCERNING SUMS PAYABLE UNDER AN ENFORCEABLE MAINTENANCE ORDER Between .............. of .............. Maintenance Creditor and.............. of .............. Maintenance Debtor YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below, payable by you, the above-named Maintenance Debtor, under a *(decision) *(maintenance order) *(made) *(as varied) on the day of. 20.. by ‡.and in respect of which an enforcement order has been made by the Master of the High Court, Dublin on the day of. 20.. are by virtue of Regulation 10
(8)of the above-named Regulations of 2011 payable to the District Court Clerk for the above-named District Court area for transmission to the Maintenance Creditor. Sums payable under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency (euro) to The District Court Clerk, District Court Office, at .............. whose office hours are from to Monday to Friday each week. Dated this ...... day of ......................................... 20...... Signed .............. District Court Clerk for the above-named District Court area, District Court Office at .............. IRELAND PARTICULARS OF SUMS DUE (Set out the details) Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses): € In addition to this last-named sum you are obliged to pay €. per week in accordance with the terms of the order and the provisions of the above-named Regulations of 2011. *delete where inapplicable ‡State Court which made order SCHEDULE C O. 62, r. 21
(2)(b) 62. 5A ÉIRE IRELAND District Court Area of District No. ................ In the matter of Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the “Maintenance Regulation”). the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ) To .............. of .............. Maintenance debtor ENDORSEMENT This notice is issued to you as maintenance debtor, by the District Court. If you the maintenance debtor fail to make a payment due under the decision details of which are given below, a summons may be issued for you to attend before the District Court. If you are concerned that you may not be able to comply with the terms of the decision, you should seek legal advice. The District Court cannot vary the terms of the decision. Under Regulation 10
(14)of the above-named Regulations of 2011, you are required to notify the District Court Clerk named below of any change in your address. Failure, without reasonable excuse, to do so is an offence punishable on summary conviction by a class C fine. NOTICE CONCERNING SUMS PAYABLE UNDER AN ENFORCEABLE MAINTENANCE ORDER Between.............. of .............. Maintenance Creditor and.............. of .............. Maintenance Debtor YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below, payable by you, the above-named Maintenance Debtor, under a decision

Article 17.1 of the Maintenance Regulation *(made) *(as varied) on the day of.

20.. by ‡. are: *by virtue of the said decision payable to the Maintenance Creditor. *by virtue of Regulation 10

(8)of the European Communities (Maintenance) Regulations 2011 payable to the District Court Clerk for the above-named District Court area for transmission to the Maintenance Creditor. Sums payable under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency (euro) to The District Court Clerk, District Court Office, at .............. whose office hours are from to Monday to Friday each week. Dated this day of . 20.. Signed.............. District Court Clerk for the above-named District Court area, District Court Office at .............. IRELAND PARTICULARS OF SUMS DUE (Set out the details) Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses): € In addition to this last-named sum you are obliged to pay €. per week in accordance with the terms of the decision and the provisions of the above-named Regulations of 2011. *delete where inapplicable ‡State Court which made order SCHEDULE C O. 62, r. 20
(1)(b) No. 62.6 In the matter of Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the “Maintenance Regulation”) and the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ). CERTIFICATE OF ARREARS District Court Area of District No. .............. .............. Maintenance Creditor .............. Maintenance Debtor I HEREBY CERTIFY that the sums payable to the District Court Clerk for the above-named district court area by the above-named maintenance debtor now residing at . for transmission to the above-named maintenance creditor, domiciled at.. under a maintenance order *(made) *(as varied) on theday of20by ‡ *and in respect of which an enforcement order was made by the Master of the High Court on the....day of.20, *and which is a decision

Article 17

.1 of the Maintenance Regulation, *[have not been paid in full and that there is according to the best of my information and belief, in arrears the sum of €.being the amount of weekly payments which have become due and payable up to and including the.day of..

  1. (together with the sum of €for costs and expenses, making in all the total sum of €.)]. *[have been paid in full up to and including theday of20 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 *delete where inapplicable ‡State Court which made order SCHEDULE C O. 62, r. 25 No. 62.7 ÉIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area of District No. .................... In the matter of *(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 “Brussels Convention”). *The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”). And in the matter of Section 9 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998 SUMMONS TO *VARY *REVOKE A MAINTENANCE ORDER 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..
  2. 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 order which was made on the .day of.. 20by † whereby the above-named maintenance debtor was ordered to pay †† ................ *(being an order in respect of which an enforcement order was made on the.day of.. 20by the Master of the High Court at Dublin). *VARIED *REVOKED on the following grounds- IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (or 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 or 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 or 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 *delete where inapplicable †state court which made order †† give details of the order SCHEDULE C O. 62, r. 25 No. 62.8 ÉIRE IRELAND AN CHÚIRT DÚICHE THE DISTRICT COURT District Court Area of District No. ................ In the matter of *(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 “Brussels Convention”). *The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”). And in the matter of Section 9 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998 ORDER *VARYING *REVOKING A MAINTENANCE ORDER Between .............. of .............. Maintenance Creditor and .............. of .............. Maintenance Debtor WHEREAS by maintenance order dated the ...... day of....................... 20.... made by † *(in respect of which an enforcement order was made on the ...... day of ........................................ 20by the Master of the High Court at Dublin) the above-named maintenance debtor now residing at .*(in court area and district aforesaid) was ordered to pay to the above-named maintenance creditor, now residing at *(in court area and district aforesaid) the sum of € . AND WHEREAS an application was made by summons to this Court today by the *(maintenance creditor) *(maintenance debtor) for an order *varying *revoking the said maintenance order, AND HAVING HEARD the evidence tendered by or on behalf of the *(maintenance creditor) *(and) *(maintenance debtor), AND BEING SATISFIED

(1)that the *(summons) *(notice of the institution of these proceedings) was duly served upon the *(maintenance creditor) *(maintenance debtor) residing at ......................... on the ...... day of............................... 20......
(2)that the *summons *notice was served in sufficient time to enable the party served to arrange for a defence,
(3)that the *summons *notice included a statement of the substance of the said application, THE COURT HEREBY ORDERS THAT THE SAID MAINTENANCE ORDER *BE REVOKED *BE VARIED AS FOLLOWS Dated this ...... day of ........................................ 20...... Signed: .............................................................................. Judge of the District Court *delete where inapplicable †state court which made order SCHEDULE C O.62, rr. 39
(1), 40
(1)No. 62.19 *MAINTENANCE ACT 1994, Section 20
(2)*EUROPEAN COMMUNITIES (MAINTENANCE) REGULATIONS 2011 ( S.I. No. 274 of 2011 ), Regulation 19
(2)NOTICE OF APPLICATION FOR AN ORDER TO PROVIDE INFORMATION District Court Area of District No. .................. .............. Applicant (Central Authority) .............. of ..............................................................in said court *(area and) district The *person *body to whom the order sought is to be directed WHEREAS the above named Central Authority considers that you the above-named *person *body (not being a *person *body mentioned in *section 20
(1)of the above-named Act *Regulation 19
(1)of the above-named Regulations) are likely to have information as to the *whereabouts/*place of work/*location and extent of the assets of........................................................... of................................................... a *maintenance debtor *respondent *maintenance creditor, and that it requires that information for the purposes of obtaining any information that is necessary or expedient for the performance of its function, TAKE NOTICE that the Central Authority will make an application under *section 20
(2)of the said Act *Regulation 19
(2)of the said Regulations at the sitting of the District Court to be held at............................................... on the . day of . 20. at .a.m./p.m. for an order that you provide to the Central Authority such information within such period as may be specified in the order. Dated this ...... day of ................................. 20...... Signed.............................................................................. (for) Applicant To.............. of .............. (the above-named *person *body) *Delete words inapplicable SCHEDULE C O.62, rr. 39
(2), 40
(2)No. 62.20 MAINTENANCE ACT 1994, Section 20
(2)*EUROPEAN COMMUNITIES (MAINTENANCE) REGULATIONS 2011 ( S.I. No. 274 of 2011 ), Regulation 19
(2)ORDER TO PROVIDE INFORMATION District Court Area of District No. ....................... .............. Applicant (Central Authority) .............. of.............................in said court *(area and) district The *person *body to whom the order sought is to be directed UPON HEARING an application made to this Court on this date by the Central Authority above-named for an order under *section 20
(2)of the above-named Act *Regulation 19
(2)of the above-named Regulations requiring the *person *body above-named to provide certain information to the said Central Authority, THE COURT being satisfied that notice of the application was duly served upon that *person *body, being of opinion that the said *person *body (not being a *person *body mentioned in *section 20
(1)of the said Act *Regulation 19
(2)of the said Regulations) is likely to have information as to the matters referred to in the said *section 20
(1)*Regulation 19
(1)and that the Central Authority requires the information for the purposes of obtaining any information that is necessary or, expedient for the performance of its functions, HEREBY ORDERS pursuant to *section 20
(2)of the said Act *Regulation 19
(2)of the said Regulations that.......................................... (the *person *body above-named) do provide to the Central Authority, within the period of............................................ from the date of this order, any information in his/her possession or procurement as to the *whereabouts/*place of work/ *location and extent of assets of............................................................. a *maintenance debtor *respondent *maintenance creditor. Dated this...... day of ........................................ 20...... Signed....................................................................... Judge of the District Court *Delete words inapplicable 26 July 2013. EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Rules amend the District Court Rules by the deletion of Order 55 and associated forms and the substitution of Order 62 and associated forms, to facilitate the operation of the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the European Communities (Maintenance) Regulations (S.I. No. 274/2011), giving effect to the Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (“the Maintenance Regulation”). Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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