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

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section 46 of the Court Officers Act 1926 and assigned to one or more Court areas

section 48 of the Court Officers Act 1926 ; or (

  1. b)a person temporarily appointed to perform the duties and fulfil the functions of a District Court Clerk; and (
  2. c)where a District Court Clerk conducts business in a combined courts office established under section 14 of the Courts and Court Officers Act 2009 , any reference in these Rules to the office of that Clerk or to the District Court office to which that business relates is or includes a reference to that combined courts office, and any form in the Schedule of Forms may be modified accordingly; “Convention” means a European Union instrument or a Convention with a foreign country, to which the State and any foreign country are parties, with respect to legal proceedings in civil matters; “Convention country” means a foreign country to which a Convention applies; reference to a “company”, unless the context otherwise requires, includes reference to any body corporate, whether established within or out of the State; “County Registrar” when used in relation to the execution of judgments, warrants or other execution orders in any county or county borough in which the powers and duties of the Under-Sheriff or Sheriff are not transferred to a County Registrar, means the Under-Sheriff or Sheriff, as the case may be, and includes any other officer charged with the execution of process by or under the authority of the Court; “Counsel” means: (
  3. a)a person who has been called to the Bar of Ireland and who complies with the requirements of the General Council of the Bar of Ireland as to professional practice; or (
  4. b)a visiting lawyer, having the same right of audience as a lawyer established in the State by virtue of Regulation 3 of the European Communities (Freedom To Provide Services)(Lawyers) Regulations 1979 ( S.I. No. 58 of 1979 ), who is acting for a party; or (
  5. c)a registered lawyer, entitled to pursue the professional activities of a barrister by virtue of Regulation 10 of the European Communities (Lawyers Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ), who is acting for a party; “Court” unless the context otherwise requires, means the District Court established under section 5 of the Courts (Establishment and Constitution) Act 1961 ; “Court area” means one of the areas created in exercise of the power conferred by section 21 of the Courts of Justice Act 1953 and continuing in being by virtue of section 32 of the Courts (Supplemental Provisions) Act 1961 or, as the case may be, created in exercise of the power conferred by section 26 of the Courts of Justice Act 1953 as amended by section 43 of the Courts (Supplemental Provisions) Act 1961 , section 16 of the Courts Act 1971 and section 29 of the Courts Service Act 1998 ; the “Courts Service” means the Courts Service established by the Courts Service Act 1998 ; “criminal proceedings” includes proceedings under Part II of these Rules; “debt claim” means a claim for debt or liquidated damages in which no other remedy (apart from interest or costs) is sought; “district”, save where the context otherwise requires, or “Court district” means one of the districts created in exercise of the power conferred by section 22 of the Courts of Justice Act 1953 and continuing in being by virtue of section 32 of the Courts (Supplemental Provisions) Act 1961 or, as the case may be, created in exercise of the power conferred by section 26 of the Courts of Justice Act 1953 as amended by section 43 of the Courts (Supplemental Provisions) Act 1961 , section 16 of the Courts Act 1971 and section 29 of the Courts Service Act 1998 and must be construed to include reference to the Dublin Metropolitan District; “Dublin Metropolitan District” means the district styled and known as the Dublin Metropolitan District established

section 47 of the Court Officers Act 1926 , declared to be the Dublin Metropolitan District

section 64 of the Courts of Justice Act 1936 and described and defined in the District Court Districts (Dublin) Order 1945 ( S R & O. 1945, No. 279 ) and varied by the District Court Districts (Dublin) (Amendment) Order 1982 ( S.I. No. 88 of 1982 ); “enactment” means an Act or a statutory instrument or any portion of an Act or statutory instrument; “Judge" means a Judge of the District Court and includes the President of the District Court; “judgment” includes any decree or dismiss, and any reference in an enactment to a “decree” or “dismiss” must, for the purposes of these Rules be taken to be a reference to a judgment; “licensing year" means a period of twelve months ending on the 30th day of September in any year; “Minister”, save where the context otherwise requires, means the Minister for Justice and Equality; “oath” includes solemn affirmation and statutory declaration; “party” includes any person entitled to appear and be heard in relation to any action, application or other proceedings and, where the context so admits or requires, includes the personal representative of a deceased party; “penalty” includes any fine or other penal sum and, where a fine is ordered to be paid, any compensation, costs or expenses, in addition to such fine; “personal injury” includes any disease and any impairment of a person’s physical or mental condition; “prescribed”, in relation to fees, means prescribed by the Minister with the sanction of the Minister for Finance; “Registered post” means a registered items service (within the meaning of section 16

(12)of the Communications Regulation (Postal Services) Act 2011 provided by a person who is for the time being deemed

section 38 of that Act to be a postal service provider authorised to provide a registered items service and registered as such in the register maintained

section 40 of that Act, and “prepaid registered post”, “registered letter”, “prepaid registered letter” and all cognate expressions shall be construed accordingly; “respondent” means a person against whom a remedy is sought by a claimant in civil proceedings, and any reference in an enactment to a “defendant” must, for the purposes of these Rules be taken to be a reference to a respondent; “return date”, unless otherwise provided in these Rules, means the date first fixed for the hearing by the Court of an application in civil proceedings by notice of motion, by notice of application, by summons or by other document by which the application or matter is listed before the Court, and includes any date to which the hearing is adjourned; the “Schedule of Costs” means the Schedule of Costs annexed to these Rules or any other similar Schedule for the time being in force; “small claim”, or “small claim proceeding”, unless the context otherwise requires, includes a small claim proceeding under Order 53A and a European small claim proceeding under Order 53B; “solicitor” includes: (

  1. a)a practising solicitor on record for a party (including such a solicitor who is a member of a firm of solicitors or who is employed by a firm or by another solicitor), and including a firm of solicitors; or (
  2. b)a visiting lawyer, having the same right of audience as a lawyer established in the State by virtue of Regulation 3 of the European Communities (Freedom To Provide Services)(Lawyers) Regulations 1979 ( S.I. No. 58 of 1979 ), who is acting for a party; or (
  3. c)a registered lawyer, entitled to pursue the professional activities of a solicitor by virtue of Regulation 10 of the European Communities (Lawyers Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ), who is acting for a party. Additional expressions are defined for the purposes of particular Orders or rules within those Orders or rules respectively.” SCHEDULE 2 “ORDER 39 CIVIL PROCEEDINGS: GENERAL RULES 1—WHERE NO PROCEDURE PROVIDED FOR 1 Where no procedure provided for 1.

(1)If the procedure for the conduct of civil proceedings is not prescribed by these Rules or by an enactment, or for any other reason there is doubt about the manner or form of the procedure, the Court may determine what procedure is to be adopted and may give directions.
(2)Subject to Order 12, rule 9
(4), where no form for use in the Court in respect of a step, notification or other action in a civil proceeding is for the time being prescribed, any form for the time being in use in the Circuit Court or the High Court for the corresponding step, notification or other action in civil proceedings may be used in civil proceedings in the Court with the necessary modifications. 2 — NON-COMPLIANCE WITH THESE RULES 2 Effect of non-compliance 2.
(1)Subject to any provision of an enactment, a failure to comply with these Rules is an irregularity and does not render a civil proceeding or a step taken, or any document or order in the proceeding void.
(2)If there has been a failure to comply with these Rules, the Court may— (
  1. a)set aside the proceeding, either wholly or in part; (
  2. b)set aside any step taken in the proceeding, or any document or order therein; (
  3. c)exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally. 3 — TIME 3 Proceedings after twelve months 3.
(1)Where no step by a party requiring the filing of a document with the Clerk or notification to the Court under these Rules has been taken in a civil proceeding for twelve months or more since the last such step, a party intending the proceeding to continue must give to every other party not less than one months notice in writing (Form 39.01, Schedule C) of that partys intention to proceed.
(2)A notice under sub-rule
(1)must also be filed with the Clerk. 4 Dormant proceedings 4.
(1)Where no step by a party requiring the filing of a document with the Clerk or notification to the Court under these Rules has been taken in a civil proceeding for twelve months or more since the last such step, the Court may cause the civil proceeding to be listed before the Court to explain the failure to proceed.
(2)The Clerk must notify the parties of any listing

sub-rule

(1). The notification may be in Form 39.02, Schedule C.
(3)A party may file a written explanation of the failure to proceed with the Clerk and if the Court is satisfied that there were sufficient reasons for the failure to proceed, may direct that the civil proceeding be removed from the list to explain the failure to proceed and direct that the Clerk notify the parties accordingly.
(4)On the listing of a civil proceeding

sub-rule

(1), the Court may make such orders and give such directions as are in the opinion of the Court likely to ensure the civil proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise the costs of those proceedings. 5 Enlargement or abridgement of time 5.
(1)Subject to sub-rules
(3)and
(4), the Court may, on any terms it considers reasonable, enlarge or abridge any of the times fixed by these Rules, or by a prior order of the Court, for taking any step or doing any act in any civil proceedings.
(2)Subject to sub-rules
(3)and
(4), the Court may also, on any terms as to costs or otherwise as it considers just, declare any step taken or act done in any civil proceedings to be sufficient, even though not taken or done within the time or in the manner prescribed by these Rules.
(3)Sub-rules
(1)and
(2)do not apply to any period of time fixed by: (
  1. a)an Act of the Oireachtas, or (
  2. b)a statute which was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution.
(4)Without limiting the generality of sub-rule
(3), any application to state a case under section 2 of the Summary Jurisdiction Act 1857 must be made within the time prescribed by that Act.
(5)Unless otherwise directed or permitted by the Court, an application to enlarge or abridge time must be made by motion on notice to the other party or parties who would be affected by the enlargement or abridgement of time. ORDER 40 BEGINNING CIVIL PROCEEDINGS IN THE COURT 1—GENERAL 1 Definitions 1. In this Order- "the 1924 Act" means The Courts of Justice Act 1924 (No. 10 of 1924); "the 1991 Act" means the Courts Act 1991 (No. 20 of 1991). 2 Claim not to be divided 2.
(1)A claimant must not divide a claim for the purpose of making the claim the subject of two or more claim notices.
(2)A claimant who has a claim for more than the amount for which a claim may be made in the Court may abandon the excess by so stating in the claim notice. 3 Names, addresses and representation of parties 3.
(1)A claim notice must— (
  1. a)state the full name and address of the claimant and an address for service of documents on the claimant; and (
  2. b)if the claimant sues in person, state an address for service of documents on the claimant; and (
  3. c)if the claimant sues or the respondent is sued in a representative capacity, state the capacity in which the claimant sues or the respondent is sued in a representative capacity; and (
  4. d)state the name and address of the respondent; and (
  5. e)if the claimant sues by a solicitor, state the name or firm and business address of the solicitor and also, if the solicitor is the agent of another, the name or firm and business address of the principal.
(2)Where a solicitor’s name is given on a claim notice as solicitor for a claimant— (
  1. a)the solicitor must, on request in writing by a respondent, confirm in writing whether the claim notice was filed by or with the authority of the solicitor on behalf of that claimant; and (
  2. b)if the solicitor confirms in writing that the claim notice was not filed by or with the authority of that solicitor, the Court must stay the civil proceedings and no further step may be taken in the civil proceedings without the permission of the Court. 4 Commencement of civil proceedings 4.
(1)Subject to the provisions of these Rules which apply to particular categories of claims or cases, a civil proceeding must be commenced by the filing for issue and service of a claim notice.
(2)Save where otherwise provided by these Rules or by an Act and subject to Order 41B and the Conventions to which it relates, a claim notice must be filed with and issued by the Clerk for the Court area: (
  1. a)in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation, or at the election of the claimant, (
  2. b)in proceedings founded on contract, (except proceedings arising from an agreement under the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010)) in which the contract is alleged to have been made, or (
  3. c)in proceedings founded on tort, in which the tort is alleged to have been committed, or (
  4. d)in ejectment proceedings, in which the lands the subject of the proceedings are situated.
(3)Filing must be effected by filing with the Clerk assigned to the Court area referred to in sub-rule
(2), in person or by post.
(4)Unless otherwise provided by law, civil proceedings in the Court must be heard and determined at a sitting of the Court for the transaction of civil business for the Court area in which the civil proceeding was brought.
(5)A claim notice which has been issued by a Clerk is deemed to have been issued on the date on which it was filed with the Clerk for issue. 5 Form of claim notice 5.
(1)Unless sub-rule
(2)applies, a claim notice must be in Form 40.01, Schedule C, or in Form 40.02, Schedule C in a debt claim.
(2)If a claim notice is to be served out of the State, the claim notice must be in the form required by Order 41A (service out of the State with the permission of the Court) or, as the case may be, Order 41B (service out of the State without the permission of the Court).
(3)A claim notice must contain a statement of claim.
(4)A statement of claim must— (
  1. a)contain, in a summary form, a statement of all material facts on which the claimant relies, but not evidence by which those facts are to be proved; (
  2. b)contain the necessary particulars of every fact; (
  3. c)if the claim arises by or under any enactment, identify the specific provision of the enactment that is relied on; (
  4. d)state specifically the amount or other relief or remedy sought; (
  5. e)state the place where and the date when the claim arose.
(5)A statement of claim in a debt claim must state that the claim is for debt or liquidated damages, must specify the amount claimed by way of debt or liquidated damages and must include particulars of the claimant’s demand for payment.
(6)A statement of claim must be divided into paragraphs numbered consecutively, and each fact or matter stated, so far as practicable, must be contained in a separate paragraph.
(7)Where the claim is founded on any written document, the statement of claim must state the date of the document and the parties to the document and: (
  1. a)if the claim is for the payment of money, the amount claimed, or (
  2. b)if the claim is for breach of contract, the alleged breach or breaches of the contract.
(8)A statement of claim must contain a list of all correspondence and other documents on which the claimant will rely at the trial including the date if any and a brief description of each document.
(9)Any claim notice in which damages are claimed is assumed to include a claim for interest from the date of judgment, where permitted by law, and for the costs of the civil proceedings, whether or not expressly claimed.
(10)Where a claimant alleges that he or she was unable, at the time at which a claim notice was issued, to include in the claim notice any of the information required by this rule to be specified in the claim notice, he or she must include in the claim notice a statement of the reasons why it is claimed that any such information could not be provided at the time of issue of the claim notice. The claimant must, when the claim notice is served or as soon as may be thereafter (whether by amendment or otherwise) provide such of the information required by this rule as was not included in the claim notice. 6 Costs to be specified 6.
(1)In a debt claim, the claim notice must be indorsed with a statement as follows— "If you pay the amount of € and costs of €. to the claimant or the claimants solicitor within ten days and without filing and serving an appearance and defence you may avoid further costs.".
(2)The amount of costs in the indorsement must be the appropriate amount set out in the Schedule of Costs.
(3)If a claim notice is indorsed

sub-rule

(1), and the respondent pays the amounts claimed within the time limited for filing and serving an appearance and defence, then the civil proceeding is concluded.
(4)The claimant must notify the Clerk in writing when civil proceedings are concluded

sub-rule

(3). 7 Consent proceedings 7.
(1)Where civil proceedings of the kind mentioned in paragraph A of section 77 of the 1924 Act are brought before the District Court and the amount claimed in such proceedings is in excess of €15,000 and, pursuant to the proviso (inserted by section 4(c) of the 1991 Act) to paragraph A of section 77, the necessary parties to the proceedings sign a form of consent either before or at any time during the hearing, the consent must be in the Form 40.03, Schedule C.
(2)When completed, the consent must be attached to and filed together with the original claim notice or other originating document or, as appropriate, must be produced to the Court during the hearing.
(3)Every consent so filed or produced must be retained by the Clerk with the original claim notice or other originating document and must be noted on the court record and on any order issued in relation to the civil proceedings.
(4)Costs, where allowed in any such civil proceedings, must be

the relevant provisions of the Schedule of Costs. 8 Proceedings transferred from the High Court or Circuit Court 8.

(1)Where civil proceedings are remitted or transferred to the District Court by the High Court under section 25 of the 1924 Act or by the Circuit Court under section 15 of the 1991 Act, the claimant must, within 14 days from the date of perfection of the order for remittal or transfer, file with the Clerk a certified copy of the order and the summons, civil bill or other originating document (or a copy thereof) and copies of all documents already delivered and orders made in the proceedings.
(2)Where the claimant omits or refuses to file the documents within the 14 day period mentioned in sub-rule
(1), the respondent must do so as soon as may be after the expiration of the 14 day period.
(3)The party filing the documents must give notice to every other party to the proceedings of such filing.
(4)After filing of the order and documents, the civil proceedings must continue as if they had been commenced in the Court and any respondent who has not served a defence and filed an appearance must do so within the 21 days of service of the notice referred to in sub-rule
(3).
(5)The civil proceedings must be heard and determined by the Court as if they had originally been commenced in the Court.
(6)A note of the remittal or transfer must be entered on the court record and on any order issued in relation to the proceedings.
(7)Costs, where allowed in any such civil proceedings, must be

the provisions of the Schedule of Costs. 9 Proceedings under section 74 of the Consumer Protection Act 2007 9.

(1)Any claim by a consumer for damages under section 74 of the Consumer Protection Act 2007 (No. 19 of 2007) must be commenced by the issue and service

this Order of a claim notice, entitled in the matter of section 74 of the Consumer Protection Act 2007 and otherwise in the Form 40.01, Schedule C with such modifications as are appropriate.

(2)Any consent under section 74
(4)of the Consumer Protection Act 2007 must be in the Form 40.03, Schedule C but, instead of reciting that it is given under section 77A of The Courts of Justice Act 1924 , must recite that it is given under section 74
(4)of the Consumer Protection Act 2007 , and must be lodged with the Clerk either before or at any time during the hearing. 10 Duration 10.
(1)A claim notice is valid for service for one year after the day it is filed.
(2)If a claim notice has not been served on a respondent or if a witness summons has not been served on a witness, the Court may from time to time extend the validity of the claim notice or witness summons for such period from the day of the order as the Court directs, not being more than six months from that day.
(3)An order may be made under sub-rule
(2)before or after expiry of the claim notice or witness summons.
(4)The claimant may apply under sub-rule
(2)without notice to the respondent, but if the Court considers that the respondent ought to be heard, the Court may adjourn the further hearing and direct the claimant to give written notice to the respondent of the place and time to which the application was adjourned. ORDER 40A PERSONAL INJURIES PROCEEDINGS 1 — DEFINITIONS 1 Definitions 1. In this Order, unless the context or subject matter otherwise requires— the “2003 Act” means the Personal Injuries Assessment Board Act 2003 (No. 46 of 2003); the “2004 Act” means the Civil Liability and Courts Act 2004 (No. 31 of 2004); “assessors” has the meaning given by section 20
(2)of the 2003 Act; the “Board” has the meanings given to it by section 4 of the 2003 Act; “claimant” includes a deceased person, where personal injuries proceedings are instituted for the benefit of dependants of a deceased person; “order” includes any judgment, decree or dismiss; “personal injuries proceedings” means an action for the recovery of damages, in respect of a wrong, for— (
  1. a)personal injuries, (
  2. b)both such injuries and damage to property (but only if both have been caused by the same wrong), or (
  3. c)under section 48 of the Civil Liability Act 1961 (No. 41 of 1961), but does not include an action where the damages claimed include damages for false imprisonment or trespass to the person, and “proceedings” must be interpreted accordingly; “personal injuries summons” means a summons by which personal injuries proceedings are begun in the Court

rule 3; “pleading” has the same meaning as in section 2 of the 2004 Act; “Personal Public Service Number” or “PPSN” means the Personal Public Service Number allocated and issued to a person under section 241B of the Social Welfare Consolidation Act 2005 (No. 26 of 2005). 2 — PERSONAL INJURIES PROCEEDINGS UNDER THE 2004 ACT 2 Priority of provisions of this Order in personal injuries proceedings 2.

(1)The provisions of this Order apply to personal injuries proceedings.
(2)Save where otherwise expressly provided by this Order, if any conflict arises between the provision of any rule of this Order and any other provision of these Rules, the provision of the rule of this Order prevails in respect of personal injuries proceedings. 3 Venue 3.
(1)Save where otherwise provided by these Rules or by an Act and subject to Order 41B and the Conventions to which it relates, a personal injuries summons must be filed with and issued by the Clerk assigned to the Court area in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation.
(2)Unless otherwise provided by law, personal injuries proceedings in the Court must be heard and determined at a sitting of the Court for the transaction of civil business for the Court area in which the personal injuries proceedings were brought.
(3)A personal injuries summons which has been issued by a Clerk is deemed to have been issued on the date on which it was filed with the Clerk for issue. 4 Form of personal injuries summons 4.
(1).Personal injuries proceedings in the Court must be instituted by the issue for service on each respondent of a personal injuries summons in the Form No. 40A.01, Schedule C.
(2)Save where otherwise expressly provided by this Order, the provisions of these Rules which apply to a claim notice apply, with appropriate modifications, to a personal injuries summons. 5 Content of personal injuries summons 5.
(1)A personal injuries summons must specify: (
  1. i)the claimant’s name, the address at which he or she ordinarily resides and his or her occupation; (
  2. ii)the claimant’s Personal Public Service Number (and where a claimant has not been issued with a PPSN, this must be stated in the personal injuries summons); (iii) the respondent’s name, the address at which the respondent ordinarily resides (if known to the claimant) and the respondent’s occupation (if known to the claimant).
(2)In any proceedings the bringing of which requires to be authorised

sections 14, 17, 32, 36 or 49, or rules under section 46

(3)of the 2003 Act, the personal injuries summons must contain a statement: (
  1. a)confirming that the proceedings have been authorised by the Personal Injuries Assessment Board, (
  2. b)specifying the section of the 2003 Act or the rule made under section 46
(3)of the 2003 Act

which such authorisation has been issued, and (c) citing the date of issue of the authorisation and any reference or record number relating to such authorisation. 6 Particulars of claim in personal injuries summons 6.

(1)A personal injuries summons must: (
  1. a)set out full and detailed particulars of- (
  2. i)the nature of the claim and of each allegation, assertion or plea comprising that claim; (
  3. ii)the injuries to the claimant alleged to have been occasioned by the wrong of the respondent; (iii) the acts of the respondent constituting the wrong and the circumstances relating to the commission of the wrong; (
  4. iv)each instance of negligence by the respondent, and (
  5. b)contain a schedule of full particulars of all items of special damage in respect of which the claimant is making a claim.
(2)Where a claimant alleges that he or she was unable, at the time at which a personal injuries summons was issued, to include in the personal injuries summons any of the information required by this rule to be specified in the personal injuries summons, he or she must include in the personal injuries summons a statement of the reasons why it is claimed that any such information could not be provided at the time of issue of the personal injuries summons. The claimant must, when the personal injuries summons is served or as soon as may be thereafter (whether by amendment or otherwise) provide and verify such of the information required by this rule as was not included in the personal injuries summons. 7 Form of personal injuries defence 7.
(1)Each respondent who intends to defend the personal injuries proceedings must deliver to the claimant (or his solicitor) an appearance and defence in the Form 40A.02, Schedule C and file a copy of the appearance with the Clerk within 28 days after the service on him or her of the personal injuries summons.
(2)Where any respondent makes a counterclaim, the counterclaim must be in the Form 40A.03, Schedule C and must be appended to the defence. 8 Affidavit of verification under section 14 of the 2004 Act 8.
(1)An affidavit of verification of a pleading or of further information requiring to be verified on oath under section 14
(1)or section 14
(2)of the 2004 Act must be in the Form 40A.04, Schedule C.
(2)The affidavit may be endorsed on the pleading or other document concerned, or may exhibit the relevant pleading or other document.
(3)A copy of the affidavit of verification must be delivered to the party to whom the pleading or other document is to be delivered.
(4)Where the affidavit is endorsed on the pleading or other document, it must be delivered within the time prescribed by these Rules for delivering the pleading or other document. Otherwise, the affidavit must be delivered within the time prescribed by section 14 of the 2004 Act for filing the affidavit in Court.
(5)Where the affidavit of verification is delivered after delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply runs from the date of delivery of the affidavit of verification.
(6)An affidavit of verification must be filed in Court as required by section 14
(4)of the 2004 Act by filing the original affidavit duly stamped with the Clerk. 9 Applications by notice of motion in personal injuries proceedings 9.
(1)The following applications in personal injuries proceedings must be made by application to the Court by motion on notice to the opposing party or parties. The notice of motion must be in the Form 40A.05, Schedule C, and must be supported by an affidavit sworn by or on behalf of the moving party: (i) an application under section 9
(2)of the 2004 Act (in the absence of agreement between or among the parties) for the extension of the period provided for in this Order or otherwise in these Rules, within which any document may be served or thing may be done; (ii) an application by a respondent under section 10
(3)of the 2004 Act for a stay or dismissal of proceedings by reason of a claimant’s failure to provide the information necessary to comply with section 10 of the 2004 Act; (iii) an application by a respondent under section 11
(3)of the 2004 Act for a stay or dismissal of proceedings by reason of a claimant’s failure to provide further information requested under section 11
(1)or section 11
(2)of the 2004 Act; (iv) an application by a claimant under section 12
(3)of the 2004 Act for a stay of proceedings or for judgment by reason of a respondent’s failure to provide the information necessary to comply with section 12 of the 2004 Act; (
  1. v)an application by a party for a direction of the Court under section 15 of the 2004 Act that a mediation hearing be held; (
  2. vi)an application to the Court to order delivery by the opposing party of further and better particulars of any pleading delivered by that opposing party; (vii) an application by a party wishing to have evidence given by affidavit, under section 19 of the 2004 Act; (viii) an application by a party wishing to have an approved person appointed to carry out any investigation and to give any evidence in relation to any matter, under section 20 of the 2004 Act.
(2)No application described in sub-rule
(1)may be issued unless: (
  1. a)the moving party has first written to the relevant opposing party requesting that the relevant opposing party agree to any extension proposed or (as the case may
  2. be)provide the information identified in, or agree to, the moving party’s request; (
  3. b)a period of 14 days for compliance with the moving party’s request has been allowed; and (
  4. c)the party requested has failed, refused or neglected to comply with such request.
(3)No application for judgment in default of defence may be granted in personal injuries proceedings unless the moving party has satisfied the Court that he has verified his personal injuries summons in those proceedings on oath

this Order. 10 Adjournment to facilitate mediation 10.

(1)Where

section 15 of the 2004 Act the Court directs that a mediation conference be held, it may adjourn the personal injuries proceedings for such time as it considers appropriate to enable the mediation hearing to be held.

(2)Where the Court directs that a mediation conference be held, it may extend the time for compliance by the parties or any of them with any provision of these Rules or any order of the Court in the personal injuries proceedings.
(3)The report under section 16 of the 2004 Act of the person appointed under section 15
(4)of the 2004 Act to be the chairperson of a mediation hearing must be provided in an affidavit which must verify: (
  1. a)his or her appointment as mediator; (
  2. b)whether the mediation hearing was or was not held; (
  3. c)if not held, the reasons why the mediation hearing did not take place; (
  4. d)if held— (
  5. i)the time and place at which the mediation hearing was held; (
  6. ii)the parties in attendance; (iii) whether or not a settlement was reached in the personal injuries proceedings, and (
  7. iv)the terms of any settlement signed by the parties. 11 Offer of settlement 11.
(1)Copies of the claimant’s notice of an offer of terms of settlement required by section 17
(1)of the 2004 Act and of the respondent’s notice required by section 17
(2)of the 2004 Act must be filed in Court.
(2)Copies of the notices referred to in sub-rule
(1)must be filed by being delivered, together with an affidavit or statutory declaration of service of the notice on the opposing party, to the Clerk as soon as may be after the expiry of the prescribed period referred to in section 17
(3)of the 2004 Act.
(3)The notices referred to in sub-rule
(1)must be in the Form 40A.06, Schedule C.
(4)The notices referred to in sub-rule
(1)must not be given or produced to the Judge before the determination of the personal injuries proceedings. 12 Pre-trial hearing 12.
(1)A pre-trial hearing as provided for in section 18 of the 2004 Act must be held in personal injuries proceedings where the Court, on the application by motion on notice to the opposing party or parties by the party wishing to apply for a pre-trial hearing, considers that a pre-trial hearing is appropriate.
(2)A Judge presiding over a pre-trial hearing may at such hearing give such directions and make such orders as he or she considers necessary for the purposes of determining what matters relating to the proceedings are in dispute. 3 — APPLICATIONS UNDER THE 2003 ACT 13 Application for approval of an assessment 13.
(1)An application for the approval by the Court of an assessment under section 35
(2)of the 2003 Act must be made by notice of motion in the Form 40A.07, Schedule C.
(2)The notice of motion must be filed in and issued by the Clerk assigned to the Court area in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation.
(3)The notice of motion must be supported by an affidavit entitled “IN THE MATTER OF THE PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 and IN THE MATTER OF AN APPLICATION RELATING TO A.B., A [CHILD OR PERSON OF UNSOUND MIND], OF [ADDRESS] BY C.D., ACTING AS [STATE CAPACITY] ON BEHALF OF THE SAID A.B.”
(4)The notice of motion must be addressed to the respondent by name and must be served by the applicant on the respondent not later than seven days before the return date.
(5)The notice of motion must be served (
  1. a)by delivering it to the respondent; (
  2. b)by leaving it at the address at which the respondent ordinarily resides (or in the case of a company, its registered office) or, in a case in which an address for service has been furnished by the respondent, at that address, or (
  3. c)by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides (or in the case of a company, its registered office) or, in a case in which an address for service has been furnished, to that address.
(6)When considering an application concerning such an assessment the Court may appoint a person of full age to act as guardian ad litem of the child or, where appropriate, of the person of unsound mind.
(7)Where applicable, the provisions of Order 45, rule 7 (concerning lodgments) apply mutatis mutandis to assessments made in favour of children or persons of unsound mind approved

this rule in respect of the amount recoverable

section 38 of the 2003 Act.

(8)The Clerk must send by ordinary pre-paid post or by e-mail to the Personal Injuries Assessment Board a certified copy of any order made pursuant to this rule.
(9)If an order to pay issues

section 38 of the 2003 Act, a copy of the order to pay must be sent forthwith by the Personal Injuries Assessment Board to the Clerk by ordinary pre-paid post or in electronic form.

(10)If an order to pay issues

section 38 of the 2003 Act, the Court may direct investment

Order 43, rule 12. 14 Application to Court by assessors 14.

(1)An application by an assessor for an order under section 27
(2)of the 2003 Act must be made at a sitting of the District Court in the Court area within which the person against whom the order concerned is sought resides or carries on business.
(2)Such an application must be by notice of application in the Form 40A.08, Schedule C, and must be addressed to the respondent by name.
(3)Notice of the application must be served by the applicant not later than seven days before the return date. The notice must be served: (
  1. a)by delivering it to the respondent; (
  2. b)by leaving it at the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, at that address; or (
  3. c)by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, to that address. ORDER 40B LANDLORD AND TENANT PROCEEDINGS (EJECTMENT) 1 Definitions 1. In this Order, unless the context or subject matter otherwise requires— the “1860 Act” means the Landlord and Tenant Law Amendment Act Ireland 1860; any reference in an enactment to “ejectment” must, for the purposes of this Order, be taken to include a reference to recovery of the possession of premises by a landlord or other person claiming to be entitled to possession of premises; “landlord and tenant claim notice” means a claim notice beginning landlord and tenant proceedings in the District Court

these Rules, and any reference in an enactment to an ejectment civil summons must, for the purposes of this Order, be taken to include a reference to a landlord and tenant claim notice; “landlord and tenant proceedings” means any civil proceedings which may be brought in the District Court between a landlord and a tenant, and any reference in an enactment to proceedings for ejectment or for the recovery of possession of premises in the District Court must, for the purposes of this Order, be taken to include a reference to landlord and tenant proceedings; any reference to an “order” must, for the purposes of this Order, unless the context otherwise requires, be taken to include a reference to a judgment, decree or dismiss. 2 Requirements of this Order additional to Order 40 2.

(1)The provisions of this Order apply to landlord and tenant proceedings in the Court.
(2)The requirements of this Order are additional to the requirements of Order 40 as regards claim notices. 3 Additional particulars required in landlord and tenant claim notice 3.
(1)A landlord and tenant claim notice must: (
  1. a)specify the names of the landlord and the tenant; (
  2. b)specify the nature of the tenancy and state whether the tenancy is required to be registered in the private residential tenancies register maintained under section 127 of the Residential Tenancies Act 2004 , and where the tenancy is required to be so registered, either (
  3. i)give particulars of registration or (
  4. ii)confirm that it is not so registered; (
  5. c)contain a description of the premises to which the claim relates, including the full address and any other details necessary to establish the Court area in which the premises are situated; (
  6. d)specify the rent under the tenancy; (
  7. e)where it is part of the claim that the tenancy has determined, the facts of the determination of the tenancy and the means by which it was determined; (
  8. f)where non-payment of rent is part of the claim, specify the amount of rent due after all fair and just allowances, and the date up to which that rent was due; (
  9. g)explain why the claimant is not precluded from bringing civil proceedings in the Court in respect of the tenancy by section 182 of the Residential Tenancies Act 2004 ; (
  10. h)set out the appropriate costs in the Schedule of Costs payable if the claimant’s claim is settled before appearance and defence.
(2)A claim notice claiming for the recovery of possession of premises from a tenant at will, a permissive occupant, or a caretaker or servant must also: (
  1. a)state that a demand for possession was made by or on behalf of the owner of the premises; (
  2. b)specify the date of the demand for possession; (
  3. c)confirm the respondent’s refusal or omission to quit and deliver up possession.
(3)The Court may stay proceedings in respect of any tenancy which is required to be registered in the private residential tenancies register maintained under section 127 of the Residential Tenancies Act 2004 but is not so registered. 4 Form of claim notice 4. A claim notice in a claim for: (
  1. a)recovery of possession of premises for overholding, (
  2. b)recovery of possession of premises from a tenant at will, a permissive occupant, a caretaker or a servant or, (
  3. c)recovery of possession of premises for non-payment of rent must be

Form 40B.01 Schedule C. 5 Service of claim notice 5.

(1)A landlord and tenant claim notice must be served on every person in actual possession of the premises specified in the claim notice, whether as tenant, sub-tenant, or otherwise.
(2)The claim notice must be served in a manner prescribed in Order 41.
(3)Where the immediate tenant of the claimant in landlord and tenant proceedings is not in actual possession of the premises, the claim notice must be served on that immediate tenant in addition to any person on whom service is required under sub-rule
(1).
(4)Where no person is in actual possession of the premises, a copy of the claim notice must be affixed to the door or some other conspicuous part of the premises claimed. In such a case, the affixing of a copy of the claim notice must be taken to be sufficient service of the claim notice.
(5)Where the person who was last in actual possession of the premises was a sub-tenant, and no person is in actual possession, the claim notice must also be served on the immediate tenant of the claimant, as provided by sub-rule
(3). 6 Affidavits in claims for recovery of possession of premises for non-payment of rent 6.
(1)In claims for recovery of possession of premises for non-payment of rent, the claimant may prove the nature and conditions of the tenancy and the amount of rent due by an affidavit sworn by the claimant or his or her authorised agent.
(2)An affidavit mentioned in sub-rule
(1)must be filed with the Clerk.
(3)On reading an affidavit filed under sub-rule
(2), where no respondent has served and filed an appearance and defence, the Court may make an order without requiring the attendance of the claimant in Court. 7 Stay of execution 7. On making an order on foot of any landlord and tenant claim notice claiming recovery of possession of premises, the Court may grant a stay of execution on such conditions as it thinks reasonable in the circumstances. 8 Payment or tender in claims for recovery of possession of premises for non-payment of rent 8.
(1)At any time before an order on a claim for recovery of possession of premises for non-payment of rent has been delivered to the County Registrar or Sheriff for execution, the respondent or any person having a specific interest in the contract of tenancy may pay to the claimant: (a) all rent and arrears of rent due at the time of the service of the claim notice, and (b) a sum sufficient to cover the claimant’s costs, or may tender those amounts to the claimant.
(2)If tender of the amounts mentioned in sub-rule
(1)is refused, the respondent or other person having a specific interest in the contract of tenancy may deposit those amounts with the Clerk.
(3)The Clerk must give a receipt for any amounts deposited under sub-rule
(2)and give notice to the claimant of receipt of the amounts deposited.
(4)In such a case, the Court may order that all further proceedings be stayed on payment to the claimant of the money deposited, and such further amount, if any, for costs up to the date of tender as the Court thinks reasonable.
(5)A decision of the Court under sub-rule
(4)is subject to appeal as if it were a final order on foot of a claim notice in ejectment for non-payment of rent. 9 Writ of restitution 9.
(1)When an order for possession for non-payment of rent has been executed, the Court may award a writ of restitution on the application of the respondent or any other person having a specific interest in the contract of tenancy.
(2)A writ of restitution may be awarded

sub-rule

(1)on the payment to the claimant or the deposit with the Clerk of the amount due for rent, arrears of rent and costs within six months after the execution of the judgment, as provided by sections 70 and 71 of the 1860 Act. 10 Warrant for possession 10.
(1)A warrant for possession under section 86 of the 1860 Act may be issued at any time not exceeding six months after the date of the order.
(2)After the expiration of six months from the date of the order a warrant may only be issued on application to the Court by the claimant by motion on notice to the respondent. ORDER 40C PROCEDURE IN STATUTORY APPLICATIONS BY NOTICE OF APPLICATION 1 Definitions 1.
(1)In this Order— “relevant authority” means any agency, board, authority, commission, council, ombudsman, tribunal, or other body (not including a company formed under the Companies Acts) established by or under an enactment, which is authorised by an enactment: (
  1. a)to exercise powers under an enactment to determine or decide, any complaint or issue, or (
  2. b)to issue any notice or order addressed to a person requiring the taking or ceasing of any action, and includes, where the context so requires, any committee, officer or member of the staff of such a body who has been authorised by an enactment or by such a body to exercise those powers; “relevant application” means any of the following applications– (
  3. a)an application to the Court under an enactment by a person authorised by law to apply to the Court for an order directing, requiring or compelling a person to take any step or do any thing (including, without limitation, to provide information or to produce a document or thing) or prohibiting or restraining a person from, or directing a person to cease or refrain from, taking a step or doing a thing (in the remainder of this Order, referred to as a “direction application”), (
  4. b)an application to the Court by a person authorised by law to apply to the Court, for an order of the Court directing, requiring or compelling a person to perform, comply with, carry out or implement, or for the enforcement of, a decision, determination, notice or order of a relevant authority (in the remainder of this Order, referred to as an “enforcement application”) but does not include: (
  5. i)any application for the issue by the Court or the Clerk of any order for execution of any such decision, determination, recommendation, or settlement which an enactment provides may be enforced or executed as, or in the like manner to, a judgment of the Court; or (
  6. ii)any application for the issue of a summons; or (iii) any claim for damages (which must be commenced by claim notice); (
  7. c)except where a particular procedure for such an application is specified in another Order of these Rules, an application to the Court under an enactment by a person authorised by that enactment to apply to the Court, for any licence, certificate, authority or permission or, as the case may be, for the restoration of, or other relief from disqualification from holding or restriction on holding any licence, certificate, authority or permission (in the remainder of this Order, referred to as a “licence application”), (
  8. d)except where a particular procedure for such an application is specified in another Order of these Rules, any other application to the Court for relief under an enactment (other than relief by way of damages, liquidated or unliquidated) which is, required, authorised or permitted by these Rules to be brought or made

this Order.

(2)Where an enactment provides for or permits a relevant application to be made to the Court or to a Judge and no other provision is made for the applicable procedure either by the enactment concerned or by these Rules, the procedure set out in the following rules applies.
(3)Sub-rule
(2)is subject to any requirement of the relevant enactment. 2 Venue for relevant application 2.
(1)A relevant application must be brought: (
  1. a)in the case of a direction application or an enforcement application, in the Court area where the person or one of the persons against whom an order or other relief is sought resides or carries on any trade, profession or business; (
  2. b)in the case of a licence application: (
  3. i)in the Court area where the applicant intends, in reliance on the licence, certificate, authority or permission sought (or, as the case may be, sought to be restored) to carry on any trade, profession or business; or (
  4. ii)where the licence, certificate, authority or permission is not sought for the purpose of a trade, profession or business, in the Court area where the activity permitted by the licence, certificate, authority or permission is intended to be conducted; or (iii) where the application is for the restoration of, or other relief from disqualification from holding, any licence, certificate, authority or permission, in the Court area where the disqualification or restriction concerned was imposed; or otherwise (
  5. iv)in the Court area where the applicant resides.
(2)Sub-rule
(1)is subject to any provision or requirement to a different effect in the relevant enactment. 3 Commencement of relevant application 3.
(1)The relevant application must be made by notice of application (in the remainder of this Order, referred to as “the notice of application”).
(2)The notice of application must be in Form No. 40C.01, Schedule C, modified as appropriate to the case, and must include particulars of the relief sought appropriate to the case.
(3)The notice of application must be entitled in the matter of the provision of the enactment under which the application is made.
(4)Where any order, direction or other relief is sought against any person, the notice of application must also be entitled as between the applicant as applicant and such person as respondent, and must contain the names and addresses of the applicant and of each respondent.
(5)Where the application is authorised by an enactment to be made ex parte, or where no order, direction or other relief is sought as against any person or persons, the notice of application must be entitled in the matter of the provision of the enactment pursuant to which the application is made and on the application of the applicant, and must contain the name and address of the applicant.
(6)The notice of application must specify the particular relief sought against each respondent and the particular provision of the relevant enactment authorising the granting of each such relief. 4 Documents to be attached to the notice of application 4. Where the relevant application is an enforcement application, a true copy of the decision, determination, notice or order concerned, if in writing, must be attached to the original notice of application and to any copy of the notice of application served on any respondent. 5 Evidence required at hearing in every case 5.
(1)The applicant must adduce at the hearing of every relevant application: (
  1. a)evidence of the standing and authority of the applicant to make the application under the relevant provision of the enactment; (
  2. b)if the applicant is acting in a representative capacity, or relief is sought against any respondent in a representative capacity, evidence of the capacity of the applicant or, as the case may be, the respondent; (
  3. c)evidence of the facts or circumstances which it is alleged authorise or entitle the applicant to make, or justify the applicant in making, the application and which support the granting of the relief sought; and (
  4. d)all correspondence and documents passing between the applicant and each respondent (if any), or otherwise issuing from any of them, relevant to the matter or matters in respect of which relief is sought, but not including any correspondence or document which, by law, a person is obliged or entitled to refuse to produce.
(2)Sub-rule
(1)does not operate to limit the evidence which the applicant is required to adduce at the hearing of the relevant application. 6 Period of notice 6.
(1)Not less than 21 days’ notice of an application by notice of application must be given to the Court.
(2)Each respondent must be served,

Order 41, with a copy of the notice of application (and copies of any documents required to be attached) not later than seven days before the return date.

(3)A statutory declaration as to the service of the notice of application on each respondent must be lodged with the Clerk not later than seven days before the return date.
(4)Where the relevant enactment requires prior publication of notice of the intended application, a print of the newspaper or other publication in which notice was published must also be lodged with the Clerk within the time specified in sub-rule
(3).
(5)Sub-rules
(1)and
(2)are subject to any provision or requirement to a different effect in the relevant enactment. 7 Orders which may be made by Court on return date 7.
(1)On the return date, the Court may: (
  1. a)hear the application; or (
  2. b)give directions and make orders for the conduct of the proceedings as appear convenient for determining the application in a manner which is just, expeditious and likely to minimise the costs of those proceedings.
(2)Directions and orders under sub-rule
(1)(
  1. b)may, where appropriate, include: (
  2. a)directions that notice of the application be served on any other person, including mode of service and the time allowed for such service; (
  3. b)directions that the parties furnish written submissions to the Court and deliver those written submissions to one another; (
  4. c)an order directing the delivery and filing of any affidavit. 8 Application to vary or discharge an order 8.
(1)Where the relevant enactment permits any subsequent application to vary or discharge an order made by the Court on the relevant application, the application to vary or discharge the order must be made by notice of motion to vary or discharge (as the case may be).
(2)A notice of motion to vary or discharge must be in Form No. 44.02, Schedule C, modified as appropriate to the case. The notice must include particulars of the relief sought appropriate to the case.
(3)Not less than 21 days’ notice of an application to vary or discharge must be given to the Court.
(4)The applicant for the original order and every respondent served with that application must be served,

Order 41, with a copy of the notice of motion to vary or discharge not later than seven days before the return date.

(5)A statutory declaration as to the service of the notice of motion on each respondent must be lodged with the Clerk not later than seven days before the return date.
(6)Sub-rules
(3),
(4)and
(5)are subject to any provision or requirement to a different effect in the relevant enactment. ORDER 40D PROCEDURE IN STATUTORY APPEALS BY NOTICE OF APPEAL TO THE COURT 1 — DEFINITIONS 1 Definitions 1.
(1)In this Order— “appellant” means the person making an appeal to the Court; “respondent” means the person who gave the notice, decision or direction from which the appeal is brought.
(2)Where an enactment provides for or permits an appeal to be made to the Court or to a Judge from any notice given or served or from any decision or direction given in any matter and no other provision is made for the applicable procedure either by the enactment concerned or by these Rules, the procedure for the appeal (in the remainder of this Order, referred to as the “relevant appeal”) set out in the following rules applies.
(3)Sub-rule
(2)is subject to any requirement of the relevant enactment. 2 — GENERAL 2 Venue for appeal 2.
(1)A relevant appeal must be brought: (
  1. a)in the Court area where the notice appealed from was given or served or the decision or direction appealed from was given; or (
  2. b)in the Court area where the appellant resides.
(2)Sub-rule
(1)is subject to any provision or requirement to a different effect in the relevant enactment. 3 Procedure by notice of appeal 3.
(1)The relevant appeal must be commenced by a notice of appeal (in the remainder of this Order, referred to as “the notice of appeal”) in the Form 40D.01 Schedule C, with such modifications as are appropriate.
(2)A copy of the notice of appeal must be served on the respondent and on every other person directly affected by the appeal. Unless otherwise provided, the notice may be served

the provisions of Order 41— —within 14 days from the day on which the notice appealed from was served or the decision or direction first came to the knowledge of the appellant, and —at least 14 days before the return date.

(3)The appellant must lodge with the Clerk a statutory declaration of service on the respondent and on every other person directly affected by the appeal at least seven days before the return date. 4 Copy documents to be attached
  1. The appellant must also attach to the notice of appeal and to any copy of the notice of appeal served a copy of the notice, decision or direction appealed from and, where appropriate, copies of any other documents or exhibits used in relation to the notice, decision or direction. 5 Court may direct service of the notice of appeal
  2. The Court hearing the appeal may, if it considers it proper, direct that the notice of appeal be served on any person not already served. 3 — PARTICULAR APPEALS UNDER STATUTE 6 Safety Health and Welfare at Work Act 2005 6.
(1)In this rule- the “Act of 2005” means the Safety Health and Welfare at Work Act 2005 (No. 10 of 2005).
(2)Where an appeal has been brought in the manner prescribed under— (a) section 66
(7)of the Act of 2005 against an improvement notice, (b) section 67
(7)of the Act of 2005 against a prohibition notice, or (c) section 72
(3)of the Act of 2005 against an information notice, the applicant must ensure that a copy of any order of the Court made on the appeal is served promptly on the respondent and on any other person directly affected by the order.
(3)Where an application has been brought in the manner prescribed under section 67
(6)of the Act of 2005 for the suspension of a prohibition notice, the applicant must ensure that a copy of any order of the Court made on the application directing that the operation of a prohibition notice be suspended is served promptly on the respondent and on any other person directly affected by the order. 7 Mental Health Act 2001 7.
(1)In this rule- the “Act” means the Mental Health Act 2001 (No. 25 of 2001); the expressions “approved centre”, “centre”, “Commission”, and “registered proprietor” each has the meaning given to it by the Act.
(2)An appeal under section 65
(1)of the Act by: (
  1. a)a registered proprietor or, as the case may be, (
  2. b)a person intending to be the registered proprietor of an approved centre, against a decision of the Commission: (
  3. i)to refuse to register the centre; (
  4. ii)to remove the centre from the register, or (iii) to attach a condition, or to amend or revoke a condition attached, to the registration of the centre may be made to the Judge assigned to the Court district in which the centre concerned is situated, at any sitting of the Court for that Court district.
(3)The notice of appeal, in the Form 40D.02, Schedule C, must be served on the Commission by the appellant not later than seven days before the return date.
(4)A copy of the decision of the Commission appealed from must be annexed to the notice of appeal.
(5)A statutory declaration of service of the notice of appeal must be filed with the Clerk at least two days before the return date. 8 Firearms Act 1925 (as amended by the Criminal Justice Act 2006 ) 8.
(1)In this rule, the “Act” means the Firearms Act 1925 ; the expression “issuing person” has the meaning given to it by the Act.
(2)Despite rule 2
(2), an appeal under section 15A of the Act (inserted by section 43 of the Criminal Justice Act 2006 ) by a person aggrieved by a decision referred to in section 15A
(1)of the Act by an issuing person may be made within the period specified in section 15A
(2)of the Act.
(3)An appeal under section 15A of the Act must be made by notice of appeal in the Form 40D.01, Schedule C, with such modifications as are necessary.
(4)The notice of appeal must be issued by the Clerk and served

the provisions of Order 41 on the issuing person at least 14 days before the return date. * Note Provisions for appeals to the District Court under the: — Betting Act 1931 are referred to in Order 64 of these Rules. — Gaming and Lotteries Act 1956 are contained in Order 66 of these Rules. — Street and House to House Collections Act 1941B are contained in Order 88 of these Rules. — Wildlife Act 1976 are contained in Order 89 of these Rules. — Fire Services Act 1981 are contained in Order 92 of these Rules. — Housing (Private Rented Dwellings) Act 1982 are contained in Order 93 of these Rules. — Road Traffic Acts 1961 to 1987 are contained in Order 97 of these Rules. — Safety Health and Welfare at Work Act 1989 are prescribed in regulations entitled District Court (Safety, Health and Welfare at Work Act 1989) Regulations 1989 ( S.I. No. 275 of 1989 ). ORDER 40E PROCEEDINGS BEGUN BY THE ISSUE OF A SUMMONS IN MATTERS OTHER THAN CRIMINAL MATTERS* 1 Application for summons 1.

(1)In any case where these Rules provide that an application to the Court is to be made or civil proceedings in the Court are to be begun by a civil summons, then the applicant, moving party or claimant may apply to the Clerk for the Court area in which the application is to be made or the proceedings are to be begun for the issue of a civil summons for service.
(2)When it is intended to begin proceedings (which are not proceedings to which the Courts (No. 3) Act 1986 relates) in the District Court against a person, and the issue of a summons requiring the appearance of that person before the Court is necessary, on a matter or issue which the Court has jurisdiction to hear and determine by summons, an application to sign and issue the summons may, unless otherwise provided by an enactment or these Rules, be made to the Clerk for the Court area wherein that person ordinarily resides or carries on any profession, business or occupation. 2 Form, signing and issue of summons 2.
(1)The applicant for the issue of the summons must lodge with the Clerk a duly completed summons, which may be in the Form 40E.01, Schedule C (with such modifications as are appropriate to the case), together with a copy or copies for service.
(2)The summons must include particulars of the relief sought appropriate to the case.
(3)The Clerk must unless otherwise provided by an enactment or these Rules, list the matter or issue for hearing at a sitting of the Court, record the place, date and time of hearing on the summons and copies and, having signed and dated the summons and copies, issue them to the applicant for service. 3 Court to which the summons is returnable 3. Every summons issued under this Order must require the appearance of each person to whom it is directed at a sitting of the Court: (
  1. a)having jurisdiction to deal with the matter or issue set out in the summons; (
  2. b)for the Court area to which the Clerk issuing the summons is assigned; (
  3. c)within the Court district in which a Judge of the District Court has jurisdiction in relation to the matter or issue. 4 Service and filing 4. Save where otherwise provided, the provisions of Order 41 (Service of Documents) apply to summonses signed and issued in proceedings to which this Order relates. 5 Order 15 (in part) to apply 5. The provisions of rules 4, 5, 6, 7, 8 and 9 (with any necessary modifications) of Order 15 apply to summonses signed and issued in proceedings to which this Order relates. *Note: Provisions relating to the issue of summonses in respect of offences are contained in Order 15 of these Rules. SERVICE OF DOCUMENTS IN CIVIL PROCEEDINGS ORDER 41 SERVICE OF DOCUMENTS IN THE STATE 1 Definitions 1. In this Order- a “document” means a “District Court document” within the meaning of section 7
(1)of the Courts Act 1964 . 2 Persons authorised to serve documents 2.
(1)In civil proceedings, a document may be served by: (
  1. a)a summons-server standing assigned to the Court area concerned; or (
  2. b)any person authorised to do so by the party or person on whose behalf the document is served, unless these Rules or statute otherwise provide or unless the Court otherwise directs.
(2)The fee to be paid to a summons-server for the service of any document is the sum as determined by the County Registrar from time to time, payable on proof of each separate service effected. Where the fee to be paid for the service of any document is for the time being prescribed by rule of court or otherwise, the fee becomes payable on proof of each separate service effected. 3 Mode of service — registered post 3.
(1)A document in proceedings to which section 7
(1)of the Courts Act 1964 relates may, subject to and

the provisions of, section 7 of the Courts Act 1964 , be served by sending a copy of the document by registered prepaid post in an envelope addressed to the person to be served at his or her last known residence or place of business in the State.

(2)The document may be posted by the person on whose behalf it purports to be issued or by a person authorised by him in that behalf. 4 Mode of service — personal service 4. Personal service of a document

the provisions of section 7 of the Courts Act 1964 must be effected on a person in the State: (

  1. a)by delivering a copy of the document to the person to be served, or (
  2. b)where it appears by evidence that the person to be served is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service on him or her, by leaving a copy of the document for the person to be served at his or her last or most usual place of residence, or at his or her office, shop, factory, home or place of business with: (
  3. i)the husband or wife of the person to be served; or (
  4. ii)the civil partner of the person to be served; or (iii) a child or other relative of the person to be served, who apparently resides with the person to be served; or (
  5. iv)a child or other relative of the husband, wife or civil partner of the person to be served, who apparently resides with the person to be served; or (
  6. v)any agent or employee of the person to be served; or (
  7. vi)the person in charge of the house or premises where the person to be served usually resides, provided that the person with whom the copy is left: (I) is not under the age of 16 years, and (II) is not himself or herself the person beginning the civil proceedings. 5 Service on a company 5.

(1)A document may be served on a company by leaving a copy of the document at or sending a copy of the document by post to the registered office of the company or, if the company has not given notice to the Registrar of Companies of the situation of its registered office, by registering the document at the office of the Registrar of Companies.
(2)For the purposes of this rule, any document left at or sent by post to the place for the time being recorded by the Registrar of Companies as the situation of the registered office of a company must be deemed to have been left at or sent by post to the registered office of the company notwithstanding that the situation of its registered office may have been changed. 6 Service on a local authority or an unincorporated body 6. A document may be served on a local authority, statutory board or body, or an unincorporated society or club by leaving a copy of the document with any employee of the authority, board, body, society or club at its principal office or by sending a copy of the document by prepaid registered post to its principal office. 7 Service on a partnership 7.
(1)Where persons are sued as partners in the name of their firm, a copy of the document must be served either: (
  1. a)on any one or more of the partners; or (
  2. b)at the principal place within the State at which the business of the partnership is carried on, on any person having at the time of service the control or management of the partnership business there; and such service must be deemed good service on the firm sued, whether any of the members of the partnership are outside the State or not.
(2)The permission of the Court is not necessary for the issue and service on a partnership of a claim notice or other originating document where one or more of the partners is in the State and one or more outside the State, provided that in the case of a partnership which has been dissolved to the knowledge of the claimant before the civil proceedings are begun, the claim notice or other originating document must be served on every person within the State sought to be made liable. 8 Service on a child 8. Where the person to be served is a child, a document is effectively served if served: (
  1. a)on the father, mother or other guardian having actual custody of the child or with whom the child resides; or (
  2. b)if the child has no father, mother or other guardian, on the person with whom the child resides or under whose care the child is; or (
  3. c)on the child’s solicitor unless the Court otherwise decides. 9 Service on a ward of court or a person of unsound mind 9. Where the person to be served is a ward of court or a person of unsound mind not so found by inquisition, a document is effectively served if served: (
  4. a)on the person’s solicitor; or (
  5. b)on the committee of the ward of court; or (
  6. c)on the guardian ad litem of the person to be served; or (
  7. d)on the person with whom the person of unsound mind resides or under whose care he or she is, unless the Court otherwise decides. 10 Service on a prisoner 10. Where the person to be served is a prisoner or a person detained in a place of detention under the order of any court or tribunal, service on the governor, director or other person in charge of the prison or place of detention is, unless the Court otherwise decides, good service on the prisoner or person detained. 11 Acceptance of service 11.
(1)Service of a document must be deemed good service if the Court is satisfied that a solicitor acting on behalf of the person to be served has accepted service of the document.
(2)Service on the solicitor for a party may be effected: (
  1. a)by delivering a copy of the document to the solicitor; or (
  2. b)by leaving a copy of the document at the solicitor’s office; or (
  3. c)by sending a copy of the document by post in an envelope to, the solicitor; or (
  4. d)by sending a copy of the document to a document exchange service designated by that solicitor

sub-rule

(3)through which that solicitor accepts documents.
(3)Delivery or service through a document exchange service under sub-rule
(2): (
  1. a)is effective provided that the solicitor concerned has confirmed in writing to the party serving the document or copy (or that party’s solicitor) that he or she will accept service of documents in the civil proceedings through the document exchange service designated by him or her; (
  2. b)ceases to be effective where, prior to delivery or service, the solicitor concerned has in writing revoked such confirmation.
(4)Any statutory declaration verifying delivery or service through a document exchange service must exhibit the written confirmation referred to in sub-rule
(3)and contain a statement that the confirmation had not, at the time of the delivery or service concerned, been revoked

this rule. 12 Substituted service 12.

(1)Where the Court is satisfied that, for good cause shown, service of a document cannot be effected in a manner or in any manner prescribed by these Rules, the Court may make an order: (a) for substituted or other service; or (b) for the substitution for service of notice by advertisement or otherwise.
(2)Particulars of any order for substituted or other service must be endorsed on the original and on each copy of the document to be served.
(3)An application for an order for substituted or other service may be made ex parte.
(4)Where the Court is satisfied that any particular mode of service prescribed is at any time not then available, the Court may by order in writing direct that the service of documents or of any particular class of documents be effected in such other manner as it thinks proper.
(5)A direction under sub-rule
(4)must be retained by the Clerk and remains in force until the mode of service concerned is again available or until the direction is revoked by the Court. 13 Service deemed good 13. The Court may, if it considers it just to do so, deem the service of any document actually effected in any civil proceedings to be good and effected service, even though the service was not effected in a manner prescribed by these Rules. 14 Proof of service 14.
(1)A person who serves a document may prove the service: (
  1. a)by evidence given orally before the Court; or (
  2. b)by statutory declaration as to service made

the Statutory Declarations Act 1938 .

(2)A statutory declaration as to service must be in the Form 41.01, 41.02 or 41.03, Schedule C, as the case may be.
(3)When service of a document on a person has been effected by registered prepaid post, a statutory declaration of service, which must be in the Form 41.01, Schedule C must be made not earlier than ten days after the day on which the envelope containing the copy of the document for service was posted.
(4)A statutory declaration of service by registered post must: (
  1. a)be made by the person who posted the envelope; and (
  2. b)exhibit the certificate of posting; and (
  3. c)state, where appropriate, that the original document was duly stamped at the time of posting, and (
  4. d)state that the envelope has not been returned undelivered to the sender. 15 Person proving service by statutory declaration need not attend Court 15. Where a statutory declaration is made, and filed with the Clerk under rule 19: (
  5. a)the statutory declaration is prima facie evidence of the mode, time and place of service as set out in the statutory declaration; and (
  6. b)it is not necessary for the person who effected service to attend in person at the Court to prove service on oral evidence, but the Court may, if it considers it necessary, require the person who effected service to attend before it and give evidence concerning the service notwithstanding the making of a statutory declaration. 16 Deemed time of service 16. Where service of a document is effected by registered prepaid post or by ordinary prepaid post, the document must be deemed to be served on the person to whom it was directed at the time at which the envelope containing the copy of the document for service would be delivered in the ordinary course of post. 17 Service invalid unless document stamped, where required 17. Where a document is required by law to be stamped (or payment of a Court fee on the document otherwise recorded), service of the document has no effect or validity unless, at the time of service, the original document was so stamped (or payment of the appropriate Court fee on the document otherwise recorded). 18 Time for service before hearing 18. Save where otherwise provided by another enactment or by these Rules, a document which must be served before a hearing in the Court must be served at least seven days or, in the case of service by registered prepaid post, at least 21 days, before the date fixed for the hearing concerned. 19 Time for filing before hearing 19. Subject to any order or direction of the Court, a document which must be filed with the Clerk before a hearing in the Court, including any statutory declaration of service, must be filed at least four days or, in the case of filing by prepaid post, at least seven days, before the date fixed for the hearing concerned. 20 Service under Civil Liability and Courts Act 2004 20. The delivery or service of any notice for the purposes of section 8 or section 17 of the Civil Liability and Courts Act 2004 must be in the manner prescribed in section 4 of that Act. ORDER 41A SERVICE OF DOCUMENTS OUTSIDE THE STATE WITH THE PERMISSION OF THE COURT 1 Definitions 1. In this Order— “Central Authority”: (
  7. a)when used in relation to the State, means the Master of the High Court; and (
  8. b)when used in relation to another State which is a party to the Hague Convention means the authority or authorities designated by that State under Article 2 of the Hague Convention to receive requests for the service of documents; “document” includes an extrajudicial document; the “Hague Convention” means the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; “Receiving Agency”, for the purposes of the Service Regulation: (
  9. a)when used in relation to the State means any County Registrar; and (
  10. b)when used in relation to another State in which the Service Regulation applies, means the authority or authorities designated by that State under Article 2 of the Service Regulation to receive requests for the service of documents; “Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents) and repealing Council Regulation No. 1348/2000 (O.J. L. 324/79); “Transmitting Agency”, for the purposes of the Service Regulation: (
  11. a)when used in relation to the State means any County Registrar; and (
  12. b)when used in relation to another State in which the Service Regulation applies, means the public officers, authorities or other persons designated by the relevant State under Article 2 of the Service Regulation to transmit requests for the service of documents. 2 Cases in which service outside the State may be allowed 2. Service outside the State of a claim notice or other originating document (or of notice of an originating document), may be allowed by the Court in the following cases- (
  13. a)in proceedings for ejectment where the premises sought to be recovered are within the State; (
  14. b)in proceedings in contract, where the contract is (
  15. i)made in the State, or (
  16. ii)made by or through an agent trading or residing in the State on behalf of a principal trading or residing out of the State, or (iii) by its terms or implications to be governed by Irish law; (
  17. c)in proceedings for a breach committed in the State of a contract wherever made (even if such breach was preceded or accompanied by a breach outside of the State which rendered impossible the performance of the part of the contract which ought to have been performed in the State); (
  18. d)in proceedings in tort, where the tort was committed in the State; (
  19. e)where any relief is sought against a person domiciled or ordinarily resident in the State; (
  20. f)where any person outside the State is a necessary or proper party to an action properly brought against another person duly served in the State; (
  21. g)in proceedings relating to a child or person of unsound mind domiciled in or a citizen of the State; (
  22. h)where necessary, in proceedings brought under section 38
(3)of the Criminal Justice Act 1994 (and

Order 38, rule 6) for an order authorising the further detention of cash seized. 3 How an application for permission to serve outside the State is made 3.

(1)An application for permission to serve a claim notice or other originating document, (or notice thereof), on a person outside the State must be made ex parte and must be supported by an affidavit, or other evidence, which shows: (
  1. a)that in the belief of the deponent, the claimant has a good cause of action; and (
  2. b)where the respondent is or probably may be found; and (
  3. c)whether the respondent (or, as the case may be, the relevant respondent) is or is not a citizen of Ireland; and (
  4. d)the grounds on which the application is made.
(2)Permission must not be granted unless it sufficiently appears to the Court that the case is a proper one for service out of the State under this Order. 4 Documents to be served on the respondent (or relevant respondent) 4. When an order is made granting permission to serve outside the State under the provisions of this Order,
(1)if the respondent to be served is a citizen of Ireland, the claim notice or other originating document must be served on that respondent, together with any other document required in any particular case to be served;
(2)if the respondent to be served is not, or is not known or believed to be, a citizen of Ireland, notice of the claim notice or other originating document (instead of the document itself) must be served on that respondent, together with any other document required in any particular case to be served;
(3)a copy of the order granting permission must also be served on the respondent with the documents required by sub-rules
(1)and
(2). 5 Mode of service on the respondent (or relevant respondent) 5.
(1)When permission is granted to serve outside the State under this Order, service must be by registered post or by insured post, as appropriate, or by such other method as the Court directs.
(2)When service under this rule is by registered post, application for an advice of delivery must be made to the postal authorities at the time of posting. Proof of service by post must be by the production of a statutory declaration of service, the certificate of posting and the advice of delivery form (when returned). These documents must be lodged with the Clerk with the originals of the documents of which copies were posted.
(3)Service under this rule by registered post must be taken to have been effected on the day on which the envelope containing the documents would be delivered in the ordinary course of post or on such other day as may be proved. 6 Where the Service Regulation applies (service in the European Union outside the State) 6. Where the person to be served is in another State in which the Service Regulation applies, service must be

the provisions of the Service Regulation, which may include: (a) service by diplomatic or consular agents,

Article 13

of the Service Regulation (save where that Member State has communicated,

Article 23

(1)of the Service Regulation, that it is opposed to the service of documents in its territory by diplomatic or consular agents), (b) service by registered post

Article 14

of the Service Regulation; or (c) direct service,

Article 15

of the Service Regulation (save where that Member State has communicated

Article 23

(1)of the Service Regulation that it is opposed to direct service of documents in its territory). 7 Where the Hague Convention applies (outside the European Union) 7. Where the person to be served is in another State which is a party to the Hague Convention (and in which the Service Regulation does not apply), service must be

the provisions of the Hague Convention, which may include service by post under rule 5 provided the destination State has not objected to postal service under Article 10(a) of the Hague Convention. 8 Stay, setting aside service etc. 8.

(1)The Court may make an order on an application by a party served with a claim notice outside the State to— (
  1. a)set aside the claim notice or its service; (
  2. b)set aside or vary an order giving permission to serve outside the State where the application for an order— (
  3. i)was made on notice to the party, but the party did not attend the hearing of the application; or (
  4. ii)was not made on notice to that party; (
  5. c)stay the claim notice.
(2)Without limiting sub-rule
(1), the Court may make an order under this rule on the ground that service out of the State is not authorised by these Rules.
(3)The Court may make an order under this Rule before an application is made under rule 13 or before an order of the Court is made on such an application. 9 Service of counterclaim or third party notice 9.
(1)This rule applies to— (a) a counterclaim against the claimant and another person joined as respondent

Order 43 if the person joined is not already a party to the proceeding; and (b) a third party notice filed

Order 42A.

(2)A counterclaim or third party notice may be served out of the State without permission where the claim made by the respondent in the counterclaim or third party notice is of such a kind that, if the claim were made by claim notice, the claim notice could be served out of the State without permission of the Court under Order 41B. 10 Procedure 10.
(1)Where a document for use in civil or commercial proceedings in the Court is to be served on a person in another State in which the Service Regulation applies, that document must be served

the provisions of the Service Regulation.

(2)Where a document for use in civil or commercial proceedings in the Court is to be served on a person in another State in which the Service Regulation does not apply but which is a party to the Hague Convention, that document must be served

the provisions of the Hague Convention. 11 Lodgment of documents for service 11.

(1)A request for service of documents outside the State in civil proceedings in the District Court may be made by: (
  1. a)a party; (
  2. b)a solicitor acting for a party; or (
  3. c)a Clerk. Service Regulation
(2)A person requesting service of a document abroad under the Service Regulation must lodge with the Transmitting Agency as appropriate: (
  1. i)a request for service of the document in the form specified in the Annex to the Service Regulation, and a copy thereof; (
  2. ii)two copies of the document to be served, and an additional copy for each person to be served; (iii) a translation of each document into the official language or one of the official languages of State addressed, or in another language which that State has indicated it can accept, unless that document is already in one of those languages; (
  3. iv)an undertaking to pay the costs of service, payment or reimbursement of which these may be sought by the Receiving Agency of the State addressed; and the relevant provisions of Order 11D of the Rules of the Superior Courts apply in every such case. Hague Convention
(3)A person requesting service of a document abroad under the Hague Convention must lodge with the Central Authority (Master of the High Court): (
  1. i)a request for the service of the document in the form specified in the Annex to the Hague Convention, and a copy thereof; (
  2. ii)two copies of the document to be served, and an additional copy for each person to be served; (iii) a translation of each document into the official language or one of the official languages of State addressed, or in another language which that State has indicated it can accept, unless that document is already in one of those languages; (
  3. iv)an undertaking to pay the costs of service, payment or reimbursement of which these may be sought by the Central Authority of the State addressed; and the relevant provisions of Order 11E of the Rules of the Superior Courts apply in every such case. 12 Certificate of service 12.
(1)A certificate of service completed and forwarded under: (
  1. a)Article 10 of the Service Regulation by the Receiving Agency; or (
  2. b)Article 6 of the Hague Convention by the Central Authority addressed or any authority which it may have designated for that purpose must be taken to be prima facie evidence of the facts stated in that certificate.
(2)A document purporting to be such a certificate must, until the contrary is proved, be deemed to be such a certificate.
(3)On receipt of a certificate mentioned in sub-rule
(1), the claimant (or the claimant’s solicitor) must lodge the certificate with the Clerk. 13 Procedure on non-appearance of the respondent 13.
(1)Where a claim notice or other document instituting proceedings (or notice thereof) was transmitted abroad for service under the Service Regulation or the Hague Convention and the respondent has not filed and served an appearance and defence or otherwise given notice of intention to defend the claim, judgment must not be given until it is established that: (
  1. a)the originating document or notice was served by a method prescribed by the internal law of the State addressed for service of documents in domestic civil proceedings on persons within its territory, or (
  2. b)the document or notice was actually delivered to the respondent or to the respondent’s residence by another method provided for by the Service Regulation or the Hague Convention, and, in either of these cases, the service or the delivery was in sufficient time to enable the respondent to defend.
(2)An application for judgment in default of appearance and defence in a case mentioned in sub-rule
(1)may be made by filing an affidavit with the Clerk, but the Clerk may in any such case list the application before the Court for hearing and notify the claimant of the return date of the application.
(3)At the hearing of any application in the proceedings the Clerk must produce to the Court any communication or correspondence received from the respondent. 14 Judgment may be given despite absence of certificate of service 14. Despite rule 10, the Court may give judgment even if no certificate of service or delivery as provided by the Service Regulation or the Hague Convention has been received, if all of the following conditions are fulfilled- (
  1. a)the document or notice thereof was transmitted by a method provided for in the Service Regulation or the Hague Convention, (
  2. b)a period of not less than six months, considered adequate by the Court in the particular case, has elapsed since the transmission of the document or notice, (
  3. 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. 15 Time for appeal may be extended 15.
(1)Where a claim notice or other document instituting civil proceedings (or notice thereof) was transmitted abroad for service under the Service Regulation or the Hague Convention and judgment has been given against a respondent who has not appeared, the respondent may apply to extend the time for appealing from the judgment.
(2)An application by a respondent under sub-rule
(1)must be made by motion on notice and must be grounded on the affidavit of the moving party.
(3)On hearing the application, if the Court is satisfied that- (
  1. a)the application was made within a reasonable time after the respondent had knowledge of the judgment and (
  2. b)without any fault on his or her part, the respondent did not have knowledge of the documents in sufficient time to defend or, as the case may be, knowledge of the judgment in sufficient time to appeal, and (
  3. c)the respondent has a prima facie defence to the claim on the merits, the Court may extend the time for appealing from the judgment on such terms and conditions as the Court considers just. ORDER 41B SERVICE OF DOCUMENTS OUTSIDE THE STATE WITHOUT THE PERMISSION OF THE COURT SUBSEQUENT PROCEEDINGS UNDER- COUNCIL REGULATION (EC) NO 44/2001 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (the “Jurisdiction Regulation”) THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968 (the “Brussels Convention”) 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, 2007 (the “Lugano Convention”) COUNCIL REGULATION (EC) 4/2009 OF 18 DECEMBER 2008 ON JURISDICTION, APPLICABLE LAW, RECOGNITION AND ENFORCEMENT OF DECISIONS AND COOPERATION IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS (the “Maintenance Regulation”) THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS (the “Rome Convention”) AND THE MAINTENANCE ACT 1994 THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE (the “New York Convention”) AND THE MAINTENANCE ACT 1994 THE HAGUE CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE PROTECTION OF CHILDREN 1996 (the “Hague Child Convention”) 1 — DEFINITIONS 1 Definitions Civil and commercial matters: definitions 1.
(1)In and for the purposes of Part 2 of this Order- the “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998 (No. 52 of 1998); the “Brussels 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 “Conventions” means the Brussels 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 1998 Act); “domiciled” must be construed, having regard to the instrument applicable in any given case,

Articles 2 and 59 to 61 of either the Jurisdiction Regulation or the Lugano Convention or, as the case may be, section 15 and the Ninth Schedule of the 1998 Act and Articles 52 and 53 of the Brussels Convention; “judgment” has the meaning assigned to it in section 4

(1)of the 1998 Act; the “Jurisdiction Regulation” means Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (O.J. L. 12 of 16 January 2001 and L. 307/28 of 24 November 2001) as amended by Commission Regulation (EC) No. 1496/2002 of 21 August 2002 (O.J. L. 225/13); by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded of 16 April 2003 (O.J. L. 236/33) and by the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community (O.J. L. 112/21 of 24 April 2012); the “Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October 2007, as approved on behalf of the European Community by Council Decision 2009/430/EC of 27 November 2008, as given further effect in the State by the 1998 Act as amended by the Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 , and includes the Protocols and Annexes; “Member State” means a member state of the European Union in which the Jurisdiction Regulation applies. Maintenance matters: definitions
(2)In and for the purposes of Parts 3 to 7 of this Order: the “1976 Act” means the Family Law (Maintenance of Spouses and Children) Act 1976 (No.11 of 1976); the “1994 Act” means the Maintenance Act 1994 (No. 28 of 1994); the “2011 Regulations” means the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ) as amended by the European Communities (Maintenance)(Amendment) Regulations 2011 ( S.I. No. 612 of 2011 ); “Central Authority under the Maintenance Regulation” means the Minister for Justice and Equality as designated by Regulation 16 of the 2011 Regulations (but includes any other person for the time being designated by the State to discharge in or for the State the duties imposed by the Maintenance Regulation on such an authority); “Central Authority under the 1994 Act” means a Central Authority appointed by order of the Minister for Justice and Equality under section 4
(1)(a) of the 1994 Act to discharge the functions required of it under the 1994 Act or required of a Central Authority under the Rome Convention or of a transmitting agency or receiving agency under the New York Convention; “central authority of a Member State” means the person designated by a Member State in which Chapter VII of the Maintenance Regulation applies to discharge in or for that State (

Article 49

of the Maintenance Regulation) the duties imposed by the Maintenance Regulation on such an authority; “central authority of a reciprocating jurisdiction”, when used in the context of proceedings under Part III of the 1994 Act, means:- (

  1. a)the central authority of such a jurisdiction which has been designated pursuant to paragraph 1 or, where appropriate, paragraph 2 of Article 2 of the Rome Convention, or (
  2. b)an authority of such a jurisdiction with functions corresponding to those exercisable by the Central Authority within the State; “central authority of a designated jurisdiction” means:- (
  3. a)a transmitting or receiving agency in a state which is a contracting party to the New York Convention, or (
  4. b)an authority of a designated jurisdiction with functions corresponding to those exercisable by the Central Authority within the State; “claimant” means, according to the context, either:- (
  5. a)a person residing in a Member State (including any body which under the law of that jurisdiction is entitled to exercise the rights of redress of or to represent that person) and claiming pursuant to the Maintenance Regulation to be entitled to receive maintenance from a person residing in the State, or (
  6. b)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 or to represent that person) and claiming pursuant to Part III of the 1994 Act to be entitled to receive maintenance from a person residing in the State, or (
  7. c)a person residing in the State (including a competent authority within the meaning of Part 12 (Liability to Maintain Family) of the Social Welfare (Consolidation) Act 2005) and claiming pursuant to the Maintenance Regulation to be entitled to recover maintenance from a person residing in a Member State, or (
  8. d)a person residing in the State (including a competent authority within the meaning of Part 12 (Liability to Maintain Family) of the Social Welfare (Consolidation) Act 2005) and claiming pursuant to Part III of the 1994 Act to be entitled to recover maintenance from a person residing in a designated jurisdiction; “Contracting State”, (
  9. a)when used in the context of proceedings under the Brussels Convention, has the meaning assigned to it in section 4

(1)of the 1998 Act, (b) when used in the context of proceedings under the Lugano Convention, means a State in respect of which that Convention has entered into force or taken effect

Article 69

or 72 thereof; “designated jurisdiction” means:- (

  1. a)any state which is a contracting party to the New York Convention, or (
  2. b)any other state or jurisdiction which is declared by order of the Minister for Foreign Affairs to be a designated jurisdiction for the purposes of Part III of the 1994 Act; “domiciled” and “habitually resident”, when used in relation to maintenance proceedings, must be construed

the Maintenance Regulation; the terms “2007 Hague Protocol”, “decision”, “enforceable maintenance order”, “enforcement order”, “maintenance debtor” and “maintenance order” have the meanings assigned to them respectively in Regulation 2 of the 2011 Regulations; “maintenance creditor” includes any body which, under the law of a reciprocating jurisdiction, is entitled to exercise their rights of redress of, or to represent, the creditor, and references in these Rules to a maintenance creditor or to a claimant (as defined herein) must be construed as including references to the Central Authority under the Maintenance Regulation and the Central Authority under the 1994 Act; the “Maintenance Regulation” means Council Regulation (EC) 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L7 of 10 January 2009, page 1); “Member State”, when used in relation to maintenance proceedings, means a member state of the European Union in which the relevant provision of the Maintenance Regulation applies; the “New York Convention” means the Convention on the recovery abroad of maintenance done at New York on the 20th day of June, 1956; “reciprocating jurisdiction” means a Member State or Contracting State (within the meaning of the 1998 Act) which is declared by order of the Minister for Foreign Affairs to be a reciprocating jurisdiction; “respondent” means, according to the context, either:- (a) a person residing in the State from whom maintenance is sought to be recovered pursuant to the Maintenance Regulation by a person residing in a Member State, or (b) a person residing in the State from whom maintenance is sought to be recovered pursuant to Part III of the 1994 Act by a person residing in a designated jurisdiction, or (c) a person residing in a Member State from whom maintenance is sought to be recovered pursuant to the Maintenance Regulation by a person residing in the State, or (d) a person residing in a designated jurisdiction from whom maintenance is sought to be recovered pursuant to Part III of the 1994 Act by a person residing in the State. Service: definitions

(3)In this Order: “Hague Convention” means the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters “Service Regulation” has the same meaning as in Order 41A, rule 1. 2 — CROSS-BORDER CIVIL AND COMMERCIAL PROCEEDINGS IN THE STATE Jurisdiction Regulation Brussels Convention Lugano Convention 2 Venue in cross-border insurance matters 2. When it is proposed to bring proceedings before the District Court by virtue of: (
  1. a)Article 9 of either the Jurisdiction Regulation or the Lugano Convention, or (
  2. b)Article 8.2 of the Brussels Convention, (all of which relate to insurance matters) against an insurer domiciled in a Member State or Contracting State other than the State and the policy-holder is domiciled in the State, the proceedings may be brought, heard and determined at any sitting of the Court for the transaction of civil business for the Court area in which the policy-holder is ordinarily resident or carries on any profession, business or occupation. 3 Venue in cross-border consumer contract claims 3. When a consumer who is domiciled in the State proposes to bring proceedings before the District Court by virtue of: (
  3. a)Article 16 of either the Jurisdiction Regulation or the Lugano Convention, or (
  4. b)Article 14 of the Brussels 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 or Contracting State other than the State, the proceedings may be brought, heard and determined at any sitting of the Court for the transaction of civil business for the Court area in which the consumer is ordinarily resident or carries on any profession, business or occupation. 4 Application of the Hague Convention or Service Regulation 4.
(1)The provisions of the Service Regulation apply to civil proceedings brought in the District Court by virtue of the Jurisdiction Regulation.
(2)The provisions of the Hague Convention apply to civil proceedings brought in the District Court by virtue of the Conventions or the Lugano Convention.
(3)When any document for use in such civil proceedings is required by this Part to be served on a person in another State in which the Service Regulation applies, service must be effected

the provisions (including Articles 7 to 10) of the Service Regulation and this Part.

(4)When any document for use in such civil proceedings is required by this Part to be served on a person in another State in which the Service Regulation does not apply but in which the Hague Convention applies, service must be effected

the provisions (including Articles 8 to 11) of the Hague Convention and this Part. 5 Beginning proceedings against a person domiciled abroad 5.

(1)Notwithstanding the provisions of Order 41A, service of proceedings begun in the District Court by virtue of the Jurisdiction Regulation, the Conventions or as the case may be, the Lugano Convention, against a person who is domiciled in a Member State or Contracting State other than the State, may be effected (

rule 4 of this Order and, where applicable, the provisions of the Service Regulation or, as the case may be, the Hague Convention) without prior permission of the Court.

(2)When proceedings are instituted in the District Court by virtue of the Jurisdiction Regulation, the Conventions or the Lugano Convention against a person who is domiciled in a Member State or Contracting State other than the State and that person is not or is not known or believed to be a citizen of Ireland, notice of the document commencing the proceedings in the Form 41B.01 Schedule C and not the document itself must be served on that person.
(3)A claimant or claimant’s solicitor may begin such proceedings by completing, signing, stamping (if so required) the claim notice or other document beginning the proceedings and filing it, together with duly completed originals and copies of the notice (Form 41B.01 Schedule C) and of a certificate in the Form 41B.02 Schedule C with the Clerk for the Court area for which the proceedings are to be issued.
(4)The Clerk must stamp them with the official stamp showing the date of issue and return the documents to the claimant or claimant’s solicitor.
(5)A notice and certificate returned under sub-rule
(3)must be served on the respondent as indicated in rule 4 (which may include service by post provided that if such service is into a Contracting State in which the Hague Convention applies, the State of destination has not made an objection to such service under Article 10(a) of the Hague Convention) or, where appropriate,

the provisions of Order 41A.

(6)Where the documents are to be served in the European territory of another Member State or Contracting State the time permitted for filing and entering an appearance and defence must be at least five weeks from the date of service. Where the documents are to be served in any non-European territory of another Member State or Contracting State, the time permitted for filing and entering an appearance and defence must be at least six weeks from the date of service.
(7)On receipt of the certificate of service prescribed in Article 10 and the Annex of the Service Regulation or Article 6 of the Hague Convention, the claimant (or solicitor for the claimant) must lodge with the Clerk the originals of: - the claim notice, civil summons or other document instituting the proceedings, - (where appropriate) the notice of commencement of proceedings (Form 41B.01) which was served, - the certificate (Form 41B.02) which was served, and - the certificate of service, at least four days before the date on which the proceedings are first listed before the Court.
(8)Where service has been effected by registered post or insured post the following provisions must apply- (a) the claimant or claimant’s solicitor must, not earlier than ten days after the date of posting, lodge with the Clerk the relevant documents listed in sub-rule
(7), together with a statutory declaration as to service of the documents posted, the certificate of posting and the advice of delivery form (when returned); (
  1. b)the documents issued for service must, subject to the provisions of Article 9 of the Service Regulation or, as the case may be, Article 15 of the Hague Convention, be deemed to have been served at the time at which the envelope would be delivered in the ordinary course of post; (
  2. c)the statutory declaration as to service, the certificate of posting and the advice of delivery form must, subject to the provisions of Article 9 of the Service Regulation or, as the case may be, the said Article 15 of the Hague Convention, together be deemed to be sufficient evidence of service. 6 Where the respondent is a citizen of Ireland 6.
(1)When proceedings are begun in the District Court by virtue of the Jurisdiction Regulation, the Conventions or the Lugano Convention against a person who is domiciled in a Member State or Contracting State other than the State, and that person is a citizen of Ireland, the claim notice or other document beginning the proceedings, with necessary modifications, may be served (rather than notice of the document).
(2)Subject to sub-rule
(1), the requirements of rule 5 apply in such cases and must be construed accordingly. 7 Appearance and defence 7. Where, in proceedings to which rule 5 or rule 6 relates, a respondent intends to appear or to be represented at the hearing for the purpose of: (
  1. a)defending the proceedings and/or, (
  2. b)by virtue of Article 24 of either the Jurisdiction Regulation or the Lugano Convention, or Article 18 of the Brussels Convention for the purpose of contesting the jurisdiction of the Court, the respondent or respondent’s solicitor must file: (
  3. i)in proceedings begun by claim notice, an appearance and defence; or (
  4. ii)in proceedings begun by civil summons or other document, a notice of appearance and intention to defend so soon as to reach the Clerk within the period of five weeks or, as the case may be, six weeks, prescribed by rule 5
(6)and within the same period serve a copy on the claimant or claimant’s solicitor. 8 Hearing of proceedings 8.
(1)The provisions of Order 47A (Judgment in Default in Non-Debt Claims) apply to proceedings to which this Part relates with the modifications identified in Order 47.
(2)At the hearing of proceedings referred to in rule 5 or 6, the Clerk must produce to the Court any communication or correspondence received from the respondent. Where the respondent does not appear
(3)Where the respondent fails to appear and is not represented at the hearing, the Court may, if it considers it necessary to do so, require the production of the advice of delivery form confirming delivery to the respondent or to the respondent’s address of the envelope containing the copy documents for service referred to in rule 5
(5).
(4)Where the respondent has not filed an appearance, the claimant must, if applying for judgment by defau

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