S.I. No. 213/1963 - District Court (Summary Judgment) Rules, 1963

S.I. No. 213 of 1963.

DISTRICT COURT (SUMMARY JUDGMENT) RULES, 1963

(Is é an Coiste Comhairlitheach um Théarmaí Dlíthiúla Gaeilge a d'ullmhaigh, faoi alt 4 den Acht Téarmaí

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following rules:—

1. These Rules may be cited as the District Court (Summary Judgment) Rules, 1963.

2. These Rules shall come into operation on the 2nd day of March, 1964, and shall be read together with the Principal Rules and all other District Court Rules for the time being in force.

3. In these Rules "the Principal Rules" means the District Court Rules, 1948 ( S.R. & O. No. 431 of 1947 ).

4.—(1) In any proceeding for a debt or liquidated money demand the Plaintiff, instead of issuing a civil process in the ordinary form, shall proceed by civil process for a debt or liquidated money demand (Form 1, Form 2, Form 3, Form 4 or Form 5 as the case may be).

(2) The Civil Process and the Affidavit of Debt (hereinafter referred to in Rule 7 (1) (a) hereof) in proceedings brought in pursuance of the Hire-Purchase Acts, 1946 and 1960, or the Moneylenders Act, 1933, shall contain, respectively, a statement that the appropriate provisions of the said Acts have been complied with in respect of the transactions.

(3) The provisions of the District Court Rules for the time being in force for the service of a Civil Process and the proof of such service shall apply to the service of a Civil Process under these Rules. Such Civil Process shall be served fourteen clear days at least before the sitting of the Court at which the Defendant shall by such process be required to appear and there shall be annexed thereto at the time of such service two copies of notice of intention to defend in the prescribed form.

5. If a Defendant intends to defend such civil process he shall give notice of intention to defend in the prescribed form. Such form shall be lodged with or sent by post to the Clerk so as to reach his office before the expiration of ten days from the date of service of the said civil process and a copy of such form shall at the same time be lodged with or sent by post to the Plaintiff (if he sues in person) or his solicitor.

6. The original of every such civil process with proof of service indorsed thereon as required by the Rules for the time being in force, shall be lodged with or sent by post to the Clerk within ten days of the date on which service was effected.

7.—(1) Where a Defendant fails to give notice of intention to defend such civil process within the time limited by these Rules, the Plaintiff may, in default of such notice, apply for judgment, upon any date subsequent to the date upon which the civil process is made returnable for hearing by lodging with or sending by post to the Clerk:—

(a) An Affidavit of Debt (Form 6, Form 7, Form 8, Form 9 or Form 10 as the case may be) verifying the Plaintiff's claim made by the Plaintiff or by some person on his behalf who can swear positively to the facts: or

(b) Where the Defendant has executed a consent, which has been duly witnessed, an Affidavit (Form 11 or Form 12) verifying such consent may be lodged in lieu of an Affidavit of Debt.

(c) A completed form of decree (Form 13, Form 14, Form 15, Form 16, Form 17 or Form 18 as the case may be) signed by the Plaintiff or his solicitor.

(2) The Affidavit verifying the Plaintiff's claim specified in paragraph (1) (a) or paragraph (1) (b) hereof shall be sworn within the period of fourteen days next preceding the date of application for judgment, otherwise the same shall not be sufficient.

(3) Subject to the provisions of paragraph (4) hereof, the Justice shall thereupon sign such decree for the amount of the debt then due and for the appropriate costs in accordance with the Scale of Costs in the Third Schedule hereto together with all proper and necessary outlay.

(4) The Justice may in any case refuse to enter judgment and in any such case he shall direct that the case shall be listed for hearing at the first available opportunity, in which event, the Plaintiff or his solicitor shall receive seven days notice of such hearing from the Clerk by ordinary post.

8. The Clerk shall keep a book which shall be known as the "Summary Judgment Book" (Form 19) in which shall be entered particulars of all civil processes for a debt or liquidated money demand which have been served, indorsed and lodged with him and of all proceedings on foot of such civil processes.

9.—(1) Any party against whom any decree may have been obtained in accordance with the provisions of these rules may apply by notice of motion (Form 20) to the Court for the Court Area in which the decree was obtained to vary or set aside the said decree on the grounds that the same was obtained by fraud, misrepresentation, surprise, mistake or other sufficient ground, but service of the notice of motion shall not operate as a stay of proceedings in the action unless the Defendant lodges with the Clerk together with the original of the notice of motion the amount for which the decree was made and costs.

(2) Such notice of motion shall be served either personally or by post on the Plaintiff or his solicitor within ten clear days from the date upon which the making of such decree shall have come to the knowledge of the Defendant.

(3) In any case, the Court may declare the service of such notice actually effected sufficient.

(4) Every such notice shall be lodged with the Clerk two days at least before the date fixed for the hearing of the motion and shall set forth clearly and briefly the reasons why the party applying did not give notice of intention to defend the civil process, the nature of the fraud, misrepresentation, surprise, mistake or other sufficient ground relied upon, and setting out the grounds of defence to the action in which the said decree was made.

(5) The Court may, on the hearing of any such motion, grant or refuse the application to vary or set aside the decree upon terms as to costs or otherwise including lodgment with the Clerk of the amount of such decree, or any part thereof, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action.

(6) The costs of any such motion, if awarded by the Court, shall be such an amount as the Court may consider reasonable.

10. The Civil Process for a debt or liquidated money demand, Notice of Intention to Defend, Affidavit of Debt, Consent, Decree, Summary Judgment Book and notice of motion to review, respectively, shall be in accordance with the appropriate form in the First Schedule hereto or such modifications thereof as may be necessary.

11. The Rules and Costs mentioned in the Second Schedule hereto are hereby annulled save as to any proceedings pending in the District Court on the coming into operation of these Rules, which proceedings shall be continued and completed as if these Rules had not been made.

12. The Scale of Costs set out in the Third Schedule hereto shall apply to proceedings under these Rules.

Dated this 31st day of October, 1963.

I concur in the making of the foregoing Rules.

Dated this 31st day of October, 1963.

CHARLES J. HAUGHEY,

Minister for Justice.

FIRST SCHEDULE

General heading to be used for all forms:—

THE DISTRICT COURT

CIVIL PROCESS FOR A DEBT OR LIQUIDATED MONEY DEMAND (EXCEPTING PROCEEDINGS INSTITUTED IN PURSUANCE OF THE HIRE-PURCHASE ACTS, 1946 AND 1960, AND THE MONEYLENDERS ACT, 1933)

Between/

A. B.

of

in the County of

(description of Plaintiff)

Plaintiff

—and—

C. D.

of

in the County of

and Court Area and District aforesaid

(description of Defendant)

Defendant(s).

The Plaintiff's claim is to recover against the Defendant(s) the sum of £

for

Amount due   £

Costs (if paid within ten days) £    

To/

the said Defendant(s).

TAKE NOTICE as follows:—

1. If you intend to defend this civil process or if you dispute the whole or any part of the Plaintiff's claim

YOU ARE HEREBY REQUIRED

(a) within ten days of the service of this civil process upon you, exclusive of the date of service, to detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at     and send the other such form to the Plaintiff or his solicitor:

AND

(b) to appear *personally at the District Court for the hearing of Civil Proceedings to be held at   in said Court Area and District on the   day of   19 , at  o'clock in the   noon to answer the said claim.

2. Unless you give Notice of Intention to Defend within the time aforesaid you will be held to have admitted the said claim and the Plaintiff may without further notice and without further proof in support of such claim other than an Affidavit to be lodged in the District Court Office, obtain Judgment and proceed to execution for the full amount claimed and costs.

3. If you pay the claim and costs as stated above to the Plaintiff or his solicitor before the expiration of ten days from the date of service hereof all further proceedings will be stayed and you will avoid further costs.

Dated this   day of   19 

Signed...................................

Plaintiff or Solicitor for Plaintiff

of

*NOTE:—If you do not give notice of intention to defend this matter, this case will not appear in the Court list but Judgment will be marked in the District Court Office. If you admit the claim and desire time for payment, you should call to the Office of the Plaintiff's Solicitor, within ten days of the service of the Civil Process upon you, and sign a consent.

NOTICE OF INTENTION TO DEFEND

*Delete where inapplicable.

1. By hire-purchase agreement in writing dated    day of  19  and made between the Plaintiff of the one part and the *(first named) Defendant of the other part certain goods namely:—

were let to the said *(first named) Defendant by way of hire-purchase at the hire-purchase price of £       payable as follows:—

*2. By a further agreement in writing dated   day of 19  and made between the Plaintiff of the one part and the second named Defendant of the other part the said second named Defendant guaranteed the due and punctual payment by the said first named Defendant of all sums due by him under the said hire-purchase agreement and agreed to indemnify the owner of the said goods against failure of the said first named Defendant to make the payments aforesaid.

3. The Plaintiff is the owner of the said goods.

4. The Defendants) ordinarily resides or carries on a profession, business or occupation at  which is situate in said Court Area and District.

5. The provisions of section 3 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the said transaction(s).

6. The Plaintiff's claim is to recover against the Defendants) the sum of £  due and owing on foot of the said hire-purchase agreement.

(Particulars)

Amount due

Costs (if paid within ten days) £

To/

the said Defendants)

TAKE NOTICE as follows:—

7. If you intend to defend this civil process or if you dispute the whole or any part of the Plaintiff's claim

YOU ARE HEREBY REQUIRED

(a) within ten days of the service of this civil process upon you, exclusive of the date of service, to detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at      and send the other such form to the Plaintiff or his solicitor:

AND

(b) to appear †personally at the District Court for the hearing of Civil Proceedings to be held at  in said Court Area and District on the   day of  19 , at  o'clock in the noon to answer the said claim.

8. Unless you give Notice of Intention to Defend within the time aforesaid you will be held to have admitted the said claim and the Plaintiff may without further notice and without further proof in support of such claim other than an Affidavit to be lodged in the District Court Office, obtain Judgment and proceed to execution for the full amount claimed and costs.

9. If you pay the claim and costs as stated above to the Plaintiff or his solicitor before the expiration of ten days from the date of service hereof all further proceedings will be stayed and you will avoid further costs.

Dated this    day of  19.

           Signed...................................

Plaintiff·or·Solicitor for Plaintiff

         of

†Note:—If you do not give notice of intention to defend this matter, this case will not appear in the Court list but Judgment will be marked in the District Court Office. If you admit the claim and desire time for payment, you should call to the Office of the Plaintiff's Solicitor, within ten days of the service of the Civil Process upon you, and sign a consent.

NOTICES OF INTENTION TO DEFEND as set out in Form 1 to be added.

(a) Original owner.

*Delete where inapplicable.

1. By hire-purchase agreement in writing dated   day of   19 and made between (a)      of the one part and the *(first named) Defendant of the other part certain goods, namely—:—

were let to the said *(first named) Defendant by way of hire-purchase at the hire-purchase price of £ payable as follows:—

*2. By a further agreement in writing dated   day of  19  and made between (a)         of the one part and the second named Defendant of the other part the said second named Defendant guaranteed the due and punctual payment by the said first named Defendant of all sums due by him under the said hire-purchase agreement and agreed to indemnify the owner of the said goods against failure of the said first named Defendant to make the payments aforesaid.

3. By assignment dated the   day of  19 the said (a)  assigned his/her/their interest in the said hire-purchase agreement *(and guarantee and/or indemnity) to the Plaintiff. By notice datedday of   19  the said Defendant(s) was notified of the said assignment.

4. The Defendant(s) ordinarily resides or carries on a profession, business or occupation at  which is situate in the said Court Area and District.

5. The Plaintiff is the owner of the said goods.

6. The provisions of section 3 of the Hire-Purchase, Act 1946, as amended, were complied with in respect of the said transaction(s).

7. The Plaintiff's claim is to recover against the Defendant(s) the sum of £    due and owing on foot of the said hire-purchase agreement.

(Particulars)

Amount due    £

Costs (if paid within ten days) £

To/

the said Defendant(s)

TAKE NOTICE as follows:—

8. If you intend to defend this civil process or if you dispute the whole or any part of the Plaintiff's claim

YOU ARE HEREBY REQUIRED

(I) within ten days of the service of this civil process upon you, exclusive of the date of service, to detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at     and send the other such form to the Plaintiff or his solicitor:

AND

(II) To appear †personally at the District Court for the hearing of Civil Proceedings to be held at   in said Court Area and District on the  day of 19  at o'clock in the  noon to answer the said claim.

9. Unless you give Notice of Intention to Defend within the time aforesaid you will be held to have admitted the said claim and the Plaintiff may without further notice and without further proof in support of such claim other than an Affidavit to be lodged in the District Court Office, obtain Judgment and proceed to execution for the full amount claimed and costs.

10. If you pay the claim and costs as stated above to the Plaintiff or his solicitor before the expiration of ten days from the date of service hereof all further proceedings will be stayed and you will avoid further costs.

Dated this    day of   , 19 .

          Signed............................................................ ...............

Plaintiff or Solicitor for Plaintiff

of

†NOTE:—If you do not give notice of intention to defend this matter, this case will not appear in the Court list but Judgment will be marked in the District Court Office. If you admit the claim and desire time for payment, you should call to the Office of the Plaintiff's Solicitor, within ten days of the service of the Civil Process upon you, and sign a consent.

NOTICES OF INTENTION TO DEFEND as set out in Form 1 to be added.

*Delete where inapplicable.

1. By credit-sale agreement in writing dated  day of     19 and made between the Plaintiff of the one part and the *(first named) Defendant of the other part certain goods namely:—

were sold to the said *(first named) Defendant by way of credit-sale at the credit-sale price of£ payable as follows:—

*2. By a further agreement in writing dated  day of    19  and made between the Plaintiff of the one part and the second named Defendant of the other part the said second named Defendant guaranteed the due and punctual payment by the said first named Defendant of all sums due by him under the said credit-sale agreement and agreed to indemnify the vendor of the said goods against failure of the said first named Defendant to make the payments aforesaid.

3. The Defendant(s) ordinarily resides or carries on a profession, business or occupation at  which is situate in said Court Area and District.

4. The provisions of section 4 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the said transaction(s).

5. The Plaintiff's claim is to recover against the Defendant(s) the sum of £    due and owing on foot of the said credit-sale agreement.

(Particulars)

Amount due    £

Costs (if paid within ten days) £    

To/

the said Defendant(s)

TAKE NOTICE as follows:—

6. If you intend to defend this civil process or if you dispute the whole or any part of the Plaintiff's claim

YOU ARE HEREBY REQUIRED

(I) within ten days of the service of this civil process upon you, exclusive of the date of service, to detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at      and send the other such form to the Plaintiff or his solicitor:

AND

(II) to appear †personally at the District Court for the hearing of Civil Proceedings to be held at  in said Court Area and District on the  day of 19 at o'clock in the # noon to answer the said claim.

7. Unless you give Notice of Intention to Defend within the time aforesaid you will be held to have admitted the said claim and the Plaintiff may without further notice and without further proof in support of such claim other than an Affidavit to be lodged in the District Court Office, obtain Judgment and proceed to execution for the full amount claimed and costs.

8. If you pay the claim and costs as stated above to the Plaintiff or his solicitor before the expiration of ten days from the date of service hereof all further proceedings will be stayed and you will avoid further costs.

Dated this    day of   19.

        Signed............................................................ ............................

Plaintiff or Solicitor for Plaintiff

of

†NOTE:—If you do not give notice of intention to defend this matter, this case will not appear in the Court list but Judgment will be marked in the District Court Office. If you admit the claim and desire time for payment, you should call to the Office of the Plaintiff's Solicitor, within ten days of the service of the Civil Process upon you, and sign a consent.

NOTICES OF INTENTION TO DEFEND as set out in Form 1 to be added.

1. By a memorandum of contract in writing dated   day of   19 and made between the Plaintiff of the one part and the Defendant(s) of the other part the sum of £   was lent by the Plaintiff to the Defendant(s) which sum together with interest thereon at the rate of  per annum the Defendant(s) agreed to repay   by instalments of £   each the first of such instalments to be paid on the  day of  19 . On default being made in the payment of any one or more of such instalments or any part thereof it was further agreed that the whole balance of the said sum then remaining unpaid shall become due and payable on demand together with interest thereon at the aforesaid rate from the date of payment of the last instalment to the date of payment of the balance or the date of Judgment.

2. The Defendant(s) defaulted in payment of the said instalments and payment was demanded by the Plaintiff on the  day of  19.

3. The Plaintiff is a licensed moneylender.

4. The provisions of section 11 of the Moneylenders Act, 1933, were complied with in respect of the said transaction.

5. The said contract was entered into at   in Court Area and District aforesaid.

6. The Plaintiff's claim is to recover against the Defendant(s) the sum of £ being £ money lent by the Plaintiff to the Defendant(s) and £     interest thereon at the aforesaid rate from the day of 19 to the day of 19,

7. The Plaintiff claims further interest on the said sum of £ from the       day of 19 to the date of payment or Judgment, whichever is the earlier.

Amount due   £

Costs (if paid within ten days) £_________________

To/

the said Defendant(s)

TAKE NOTICE as follows:—

8. If you intend to defend this civil process or if you dispute the whole or any part of the Plaintiff's claim

YOU ARE HEREBY REQUIRED

(a) within ten days of the service of this civil process upon you, exclusive of the date of service, to detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at and send the other such form to the Plaintiff or his solicitor:

AND

(b) to appear *personally at the District Court for the hearing of Civil Proceedings to be held at   in said Court Area and District on the  day of  19 at o'clock in the#noon to answer the said claim.

9. Unless you give Notice of detention to Defend within the time aforesaid you will be held to have admitted the said claim and the Plaintiff may without further notice and without further proof in support of such claim other than an Affidavit to be lodged in the District Court Office, obtain Judgment and proceed to execution for the full amount claimed and costs.

10. If you pay the claim and costs as stated above to the Plaintiff or his solicitor before the expiration of ten days from the date of service hereof all further proceedings will be stayed and you will avoid further costs.

Dated this    day of     19 .

Signed........................................................

Plaintiff or Solicitor for Plaintiff

of

*NOTE:—If you do not give notice of intention to defend this matter, this case will not appear in the Court list but Judgment will be marked in the District Court Office. If you admit the claim and desire time for payment, you should call to the Office of the Plaintiff's Solicitor, within ten days of the service of the Civil Process upon you, and sign a consent.

NOTICES OF INTENTION TO DEFEND as set out in Form 1 to be added.

AFFIDAVIT OF DEBT

(EXCEPTING PROCEEDINGS INSTITUTED IN PURSUANCE OF THE HIRE-PURCHASE ACTS, 1946 AND 1960, AND THE MONEYLENDERS ACT, 1933)

1. I am the Plaintiff (or the—state capacity in which deponent makes the Affidavit—of the Plaintiff and I am duly authorised to make this Affidavit) in this action. The facts herein stated are within my own knowledge save where otherwise appears.

2. The Civil Process herein claiming the sum of £   was served on the Defendant on the day of     , 19 .

3. No Notice of Intention to Defend the said Civil Process has been received by the Plaintiff or his solicitor.

4. No sum whatever/the sum of £  only has been paid on foot of the claim herein since the service of the said Civil Process and the sum of £   is now actually due and owing by the Defendant to the Plaintiff over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.

CERTIFICATE

It is hereby certified as follows:—

5. That no sum whatever/the sum of £   only has been paid on foot of the claim herein since the service of the Civil Process herein and that the sum of £   is now actually due by the Defendant to the Plaintiff.

6. That no Notice of Intention to Defend this Civil Process has been received by the Plaintiff or his solicitor.

Dated this     day of    19.

          Signed............................................................ ....................

            Plaintiff or Solicitor for Plaintiff

This Affidavit is filed this  day of    , 19  by

  Plaintiff

or by          Solicitor for Plaintiff

who requests judgment for the sum of £    and costs.

AFFIDAVIT OF DEBT

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF A HIRE-PURCHASE AGREEMENT)

1. I am the Plaintiff (or the—state capacity in which deponent makes the Affidavit—of the Plaintiff and I am duly authorised to make this Affidavit) in this action. The facts herein stated are within my own knowledge save where otherwise appears.

2. The Civil Process herein claiming the sum of £   was served on the *(first named) Defendant on the  day of  , 19  *(and on the second named Defendant on the day of  , 19 ).

3. No Notice of Intention to Defend the said Civil Process has been received by the Plaintiff or his solicitor.

4. No sum whatever/the sum of £  only has been paid on foot of the claim herein since the service of the said Civil Process and the sum of £  is now actually due and owing by the Defendant to the Plaintiff over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.

5. The said sum is due by the *(first named) Defendant under a hire-purchase agreement in writing dated day of  , 19 and made between the Plaintiff of the one part and the *(first named) Defendant of the other part *(and due by the second named Defendant on foot of a contract of guarantee and (or indemnity in writing dated   day of  , 19 and made between the Plaintiff of the one part and the second named Defendant of the other part).

6. I beg to refer to the said hire-purchase agreement *(and guarantee and/or indemnity) upon which marked with the letter "A" I have endorsed my name prior to the swearing hereof. I am informed by † and believe that the said agreement(s) was duly executed by the Defendant(s).

7. The Plaintiff is the owner of the said goods.

8. The provisions of section 3 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the said transaction(s).

* Delete where inapplicable.

† Name of person witnessing defendant's signature.

CERTIFICATE

It is hereby certified as follows:—

9. That no sum whatever/the sum of £   only has been paid on foot of the claim herein since the service of the Civil Process herein and that the sum of £  is now actually due by the Defendant to the Plaintiff.

10. That no Notice of Intention to Defend this Civil Process has been received by the Plaintiff or his solicitor.

Dated this    day of    19.

           Signed............................................................ .

Plaintiff or Solicitor for Plaintiff

This Affidavit is filed this   day of   19

by        Plaintiff

or by        Solicitor for Plaintiff

who requests judgment for the sum of £  and costs.

AFFIDAVIT OF DEBT

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF A HIRE-PURCHASE AGREEMENT WHICH HAS BEEN ASSIGNED TO THE PLAINTIFF)

1. I am the Plaintiff (or the—state capacity in which deponent makes the Affidavit—of the Plaintiff and I am duly authorised to make this Affidavit) in this action. The facts herein stated are within my own knowledge save where otherwise appears.

2. The Civil Process herein claiming the sum of £   was served on the *(first named) Defendant on the   day of  19  *(and on the second named Defendant on the day of 19  ).

3. No Notice of Intention to Defend the said Civil Process has been received by the Plaintiff or his solicitor.

4. No sum whatever/the sum of £ only has been paid on foot of the claim herein since the service of the said Civil Process and the sum of £  is now actually due and owing by the Defendant to the Plaintiff over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.

5. The said sum is due by the *(first named) Defendant under a hire-purchase agreement in writing dated   day of  , 19 and made between (a) of the one part and the *(first named) Defendant of the other part *(and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated  day of  , 19 and made between (a) of the one part and the second named Defendant of the other part).

6. By assignment dated  day of   19 the said (a)   assigned his/her/their interest in the said hire-purchase agreement *(and guarantee and/or indemnity) to the Plaintiff. By notice dated  day of  19  the said Defendant(s) was notified of the said assignment.

7. I beg to refer to the said hire-purchase agreement *(and guarantee and/or indemnity) upon which marked with the letter "A" I have endorsed my name prior to the swearing hereof. I am informed by†   and believe that the said agreement(s) was duly executed by the Defendant(s).

8. I beg to refer to the said assignment upon which marked with the letter "B" I have endorsed my name prior to the swearing hereof.

9. The Plaintiff is the owner of the said goods.

10. The provisions of section 3 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the said transaction(s).

*Delete where inapplicable.

*Delete where inapplicable.

(a) Original owner.

† Name of person witnessing defendant's signature.

CERTIFICATE

It is hereby certified as follows:—

11. That no sum whatever/the sum of £   only has been paid on foot of the claim herein since the service of the Civil Process herein and that the sum of £   is now actually due by the Defendant to the Plaintiff.

12. That no Notice of Intention to Defend this Civil Process has been received by the Plaintiff or his solicitor.

Dated this  day of   19.

        Signed............................................................ ...........

           Plaintiff or Solicitor for Plaintiff

This Affidavit is filed this  day of   19

by        Plaintiff

or by       Solicitor for Plaintiff

who requests judgment for the sum of £   and costs.

AFFIDAVIT OF DEBT

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF A CREDIT-SALE AGREEMENT)

1. I am the Plaintiff (or the—state capacity in which deponent makes the Affidavit—of the Plaintiff and I am duly authorised to make this Affidavit) in this action. The facts herein stated are within my own knowledge save where otherwise appears.

2. The Civil Process herein claiming the sum of £  was served on the *(first named) Defendant on the  day of  19 *(and on the second named Defendant on the day of 19 ).

3. No Notice of Intention to Defend the said Civil Process has been received by the Plaintiff or his solicitor.

4. No sum whatever /the sum of £ only has been paid on foot of the claim herein since the service of the said Civil Process and the sum of £ is now actually due and owing by the Defendant to the Plaintiff over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.

5. The said sum is due by the *(first named) Defendant under a credit-sale agreement in writing datedday of  19 and made between the Plaintiff of the one part and the *(first named) Defendant of the other part *(and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated day of  19 and made between the Plaintiff of the one part and the second named defendant of the other part).

6. I beg to refer to the said credit-sale agreement *(and guarantee and/or indemnity) upon which marked with the letter "A" I have endorsed my name prior to the swearing hereof. I am informed by†  and believe that the said agreement(s) was duly executed by the Defendant(s).

7. The provisions of section 4 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the said transaction(s).

*Delete where inapplicable.

†Name of person witnessing defendant's signature.

CERTIFICATE

It is hereby certified as follows:—

8. That no sum whatever/the sum of £  only has been paid on foot of the claim herein since the service of the Civil Process herein and that the sum of £  is now actually due by the Defendant to the Plaintiff.

9. That no Notice of Intention to Defend this Civil Process has been received by the Plaintiff or his solicitor.

Dated this day of 19.

Signed............................................................ ........

Plaintiff or Solicitor for Plaintiff

This Affidavit is filed this day of  19 

by     Plaintiff

or by    Solicitor for Plaintiff

who requests judgment for the sum of £  and costs.

AFFIDAVIT OF DEBT

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF THE MONEY-LENDERS ACT, 1933)

1. I am the Plaintiff (or the-state capacity in which deponent makes the Affidavit-of the Plaintiff and I am duly authorised to make this Affidavit) in this action. The facts herein stated are within my own knowledge save where otherwise appears.

2. The Civil Process herein claiming the sum of £  was served on the *(first named) Defendant on the day of , 19 *(and on the second named Defendant on the day of , 19).

3. No Notice of Intention to Defend the said Civil Process has been received by the Plaintiff or his solicitor.

4. No sum whatever/the sum of £ only has been paid on foot of the claim herein since the service of the said Civil Process and the sum of £ is now actually due and owing by the Defendant to the Plaintiff over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.

5. The said sum is due by the Defendant(s) on foot of a memorandum of contract in writing dated day of  , 19 and made between the Plaintiff of the one part and the Defendant(s) of the other part and includes the sum of £ being interest on the sum of £ as set forth in civil process at the rate of from the day of , 19to the date of swearing hereof.

6. I beg to refer to the said memorandum of contract upon which marked with the letter "A" I have endorsed my name prior to the swearing hereof.

I am informed by†        and believe that the said memorandum of contract was duly executed by the Defendant(s).

7. The Plaintiff is a licensed moneylender.

8. The provisions of section 11 of the Moneylenders Act, 1933, were complied with in respect of the said transaction.

*Delete where inapplicable.

†Name of person witnessing defendant's signature.

CERTIFICATE

It is hereby certified as follows:—

9. That no sum whatever/the sum of £  only has been paid on foot of the claim herein since the service of the Civil Process herein and that the sum of £  is now actually due by the Defendant to the Plaintiff.

10. That no Notice of Intention to Defend this Civil Process has been received by the Plaintiff or his solicitor.

Dated this  day of   , 19.

     Signed............................................................ .............

Plaintiff or Solicitor for Plaintiff

This Affidavit is filed this  day of  , 19

by      Plaintiff

or by     Solicitor for Plaintiff

who requests judgment for the sum of £  and costs.

AFFIDAVIT EXHIBITING A CONSENT TO JUDGMENT

in the Civil Process served upon him on the day of    19 , and consents to the entry of judgment against him accordingly with the appropriate costs.

Dated this   day of  , 19 .

      Signed......................................................

Defendant

      ............................................................ ...

       Witness

This Affidavit is filed this  day of , 19   

by    Plaintiff

or by      Solicitor for Plaintiff

who requests judgment for the sum of £  and costs.

AFFIDAVIT EXHIBITION A CONSENT TO PAYMENT BY INSTALMENTS

in the Civil Process served upon him on the  day of  19 , and consents to the payment of the said sum of £  together with the sum of £ for costs by instalments of £ each the first of such instalments to be paid on the day of 19, and thereafter on the in each succeeding

The Defendant further consents that on default being made by him in payment of any one or more of such instalments that the whole balance of the said debt and costs then remaining unpaid shall immediately become due and payable by him.

Dated this day of  19 .

Signed.......................................................

Defendant

       ..................................................

Witness

This Affidavit is filed this day of  19 by Plaintiff or by Solicitor for Plaintiff who requests judgment as in the within consent appearing.

IT APPEARING

1. that a Civil Process for a debt or liquidated money demand was duly served on the Defendant(s) claiming £  for  

2. that the Defendant(s) failed to give or send Notice of Intention to Defend such Civil Process:

3. AND IT FURTHER APPEARING by the Affidavit of  on behalf of the Plaintiff, verifying the said claim, sworn the  day of  19 and the request for Judgment thereon that the Defendant(s) is/are justly indebted to the Plaintiff in the sum of £ :

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendant(s) the said sum of £ together with the sum of £ for costs and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said debt and costs.

     Dated at

     this  day of 19 .

     Signed............................................................ .......................

Justice of the District Court assigned to said District

    Signed............................................................ .......................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be added).

IT APPEARING

1. that a Civil Process for a debt or liquidated money demand was duly served on the Defendant(s) claiming £ :

2. that the said claim is due by the *(first named) Defendant on foot of a hire-purchase agreement in writing dated the  day of , 19 and made between the Plaintiff of the one part and the *(first named) Defendant of the other part *(and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated day of 19, and made between the Plaintiff of the one part and the second named Defendant of the other part):

3. that the Defendant(s) failed to give or send Notice of Intention to Defend such Civil Process:

*Delete where inapplicable.

AND IT FURTHER APPEARING by the Affidavit of

on behalf of the Plaintiff verifying the said claim, sworn on the day of 19, and the request for Judgment thereon that the Defendant(s) is/are justly indebted to the Plaintiff in the sum of £:

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendant(s) the said sum of £ together with the sum of £ for costs and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said debt and costs.

Dated at  this  day of   19.

Signed............................................................ ...................

Justice of the District Court assigned

to said District

Signed............................................................ ....................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be added).

IT APPEARING

1. that a Civil Process for a debt or liquidated money demand was duly served on the Defendant(s) claiming £ :

2. that the said claim is due by the *(first named) Defendant on foot of a hire-purchase agreement in writing dated day of  19 and made between (a) of the one part and the *(first named) Defendant of the other part *(and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated  day of 19, and made between (a)  of the one part and the second named Defendant of the other part):

3. that by assignment dated  day of  19 , the said (a) assigned his/her/their interest in the said hire-purchase agreement *(and guarantee and/or indemnity) to the Plaintiff: by notice dated  day of 19 , the said Defendant(s) was notified of the said assignment:

4. that the (Defendants) failed to give or send Notice of Intention to Defend such Civil Process:

*Delete where inapplicable.

(a) Original owner.

AND IT FURTHER APPEARING by the Affidavit of  on behalf of the Plaintiff verifying the said claim, sworn on the day of  19, and the request for Judgment thereon that the Defendant(s) is/are justly indebted to the Plaintiff in the sum of £:

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendant(s) the said sum of £  together with the sum of £ for costs and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said debt and costs.

Dated at   this  day of 19 .

Signed ............................................................ ............................

Justice of the District Court assigned to said District

    Signed............................................................ ..............................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be added).

IT APPEARING

1. that a Civil Process for a debt or liquidated money demand was duly served on the Defendant(s) claiming £ :

2. that the said claim is due by the *(first named) Defendant on foot of a credit-sale agreement in writing dated  day of  19 , and made between the Plaintiff of the one part and the *(first named) Defendant of the other part *(and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated  day of 19 , and made between the Plaintiff of the one part and the second named Defendant of the other part):

3. that the Defendant(s) failed to give or send Notice of Intention to Defend such Civil Process:

*Delete where inapplicable.

AND IT FURTHER APPEARING by the Affidavit of  on behalf of the Plaintiff verifying the said claim, sworn on the  day of  19, and the request for Judgment thereon that the Defendant(s) is/are justly indebted to the Plaintiff in the sum of £ :

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendant(s) the said sum of £  together with the sum of £ for costs and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said debt and costs.

Dated at   this day of  19 .

Signed ............................................................ .................................

Justice of the District Court assigned to said District

Signed ............................................................ ..................................

Plaintiff or Solicitor for Plaintiff

     of

(County Registrar's warrant to be added.

IT APPEARING

1. that a Civil Process for a debt or liquidated money demand was duly served on the Defendant(s) claiming £ :

2. that the said claim is due by the Defendant(s) on foot of a memorandum of contract in writing dated day of  19, and made between the Plaintiff of the one part and the said Defendant(s) of the other part):

3. that the Defendant(s) failed to give or send Notice of Intention to Defend such Civil Process:

AND IT FURTHER APPEARING by the Affidavit of on behalf of the Plaintiff verifying the said claim, sworn on the day of 19, and the request for Judgment thereon that the Defendant(s) is/are justly indebted to the Plaintiff in the sum of £ :

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendant(s) the said sum of £  together with the sum of £  for costs and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said debt and costs.

Dated at   this  day of 19 .

     Signed............................................................ .................................

Justice of the District Court assigned to said District

Signed ............................................................ ...............................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be added).

IT APPEARING

1. that a Civil Process for a debt or liquidated money demand was duly served on the Defendant(s) claiming £  for

2. that the Defendant(s) failed to give or send Notice of Intention to Defend such Civil Process:

AND IT FURTHER APPEARING that the Defendant(s) has signed a consent dated day of 19 and from the Affidavit of on behalf of the Plaintiff, verifying same, sworn the day of  19that the Defendant(s) is/are justly indebted to the Plaintiff in the sum of £ and that the Plaintiff has agreed to accept payment thereof together with the sum of £  for costs by instalments of £ each the first of such instalments to be paid on the  day of  19 and thereafter on the in each succeeding , as in the said consent appearing:

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendant(s) the said sum of £  together with the sum of £ for costs by instalments of £ each the first of such instalments to be paid on the day of  19 and thereafter on the  in each succeeding  , but on default being made by the Defendant(s) in payment of any one or more of such instalments IT IS ORDERED AND DECREED that the Defendant(s) do forthwith pay to the Plaintiff the whole balance of the said sum and costs then remaining unpaid and all Sheriffs and County Registrars are hereby commanded on such default as aforesaid to take in execution the goods of the Defendant(s) to satisfy the said debt and costs.

Dated at   this  day of 19 .

    Signed............................................................ ......................................

Justice of the District Court assigned to said District

    Signed............................................................ ......................................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be added).

Columns as follows:—

1. Name and address of Plaintiff and Plaintiff's solicitor.

2. Name and address of Defendant and Defendant's solicitor.

3. Particulars of claim.

4. Date of service of Civil Process and how served. Date of Notice of Intention to Defend (if any).

Date of service of Civil Process and how served.

5. Date of hearing as endorsed on Civil Process.

6. Date and particulars of Application for Judgment.

7. Date and particulars of Decree or other Order.

TAKE NOTICE that application will be made to the Court sitting at on the day of 19 at  o'clock in the  noon on behalf of the Defendant to set aside/vary the decree obtained herein.

(AND FURTHER TAKE NOTICE that the Defendant having lodged with the Clerk the sum of £ this notice is to operate as a stay of proceedings pending the hearing of the said application).

The grounds upon which the said application is made are:—

(including the reasons for failure to give Notice of Intention to Defend)

The grounds of defence to the action are:—

Dated this  day of  19 .

Signed ............................................................ ...........

Defendant or Solicitor for Defendant

of

To the District Court Clerk at

To Plaintiff or Solicitor for Plaintiff.

SECOND SCHEDULE

RULES AND COSTS WHICH ARE ANNULLED

The following Rules of the Principal Rules (together with the Forms referred to therein), namely:—

Rules 160, 161, 162, 163, 164, 165, 166, 167 and 168.

That portion of the Schedule of Costs annexed to the District Court (Costs) Rules, 1962 ( S.I. No. 206 of 1962 ) applicable to:—

Solicitors' Costs in Ordinary Default Cases and

Solicitors' Costs in Cases of Special Default Civil Process.

THIRD SCHEDULE

SUMMARY JUDGMENT COSTS (EXCLUSIVE OF OUTLAY)

If the Civil Process is defended the costs of the successful party shall be in accordance with the appropriate contract and breach of contract scale.

For drawing each additional copy of a Civil Process necessarily served after the first there shall be allowed the additional sum of 4/-.

For each document exhibited in an Affidavit of Debt there shall be allowed the additional sum of 1/6d.

EXPLANATORY NOTE

These Rules, which come into operation on 2nd March, 1964, revoke the existing Rules relating to Default and Special Default procedures for the recovery of a debt or liquidated money demand, and prescribe new procedures for the marking of judgment in the office in such cases.