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


EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which come into operation on the 1st day of May, 1997, replace in revised and consolidated form the Rules listed in Schedule A hereto. They prescribe the practice and procedures to be followed and the forms to be used in the District Court proceedings to which they relate on and from the operative date, save for proceedings pending in the Court on that date, which proceedings shall be continued and completed as if these Rules had not been made.

TABLE OF CONTENTS

Page

DISTRICT COURT RULES 1997

1

CITATION AND COMMENCEMENT

2

ANNULMENT OF EXISTING RULES

2

INTERPRETATION OF TERMS

2

PART I

PRELIMINARY AND GENERAL

Order

1

SITTINGS

5

2

ADJOURNMENT OF PROCEEDINGS AND OF THE COURT

7

3

LANGUAGE

9

4

MODE OF ADDRESS

9

5

JUDGES' ROBES

9

6

RIGHT OF AUDIENCE

11

7

MINORS AND OTHER PERSONS UNDER DISABILITY

13

8

TENDERING OF EVIDENCE

15

9

AFFIDAVITS

15

10

SERVICE OF DOCUMENTS

17

11

SERVICE OUT OF THE JURISDICTION

23

12

MISCELLANEOUS

29

PART II

CRIMINAL PROCEEDINGS

13

VENUE

33

14

ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS

35

15

ISSUE OF SUMMONSES ALLEGING OFFENCES

37

16

ISSUE OF WARRANTS CHARGING OFFENCES

39

17

PROCEDURE ON ARREST

41

18

PROCEDURE ON ADMITTING TO BAIL

43

19

REMANDS BY THE COURT

47

20

ARREST OF PERSON ABOUT TO ABSCOND

49

21

ATTENDANCE OF WITNESSES

51

22

PROCEDURE ON ACCUSED'D FAILURE TO APPEAR

53

23

TRIAL OF SUMMARY OFFENCES

55

24

SUMMARY TRIAL AND PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES

57

25

ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS

63

26

ENDORSEMENT, ADDRESSING, EXECUTION RE-ISSUE OF WARRANTS

65

27

ESTREATMENT OF RECOGNISANCES FORFEITURE OF MONEY LODGED

69

28

RECOGNISANCES UNDER THE PROBATION OF OFFENDERS ACT, 1907

73

29

EXTRADITION

75

30

COMMUNITY SERVICE

79

31

PROCEEDINGS UNDER

— CRIMINAL JUSTICE ACT, 1984

— CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

81

31A

PROCEEDINGS UNDER THE POLICE (PROPERTY) ACT 1897

83

32

MISUSE OF DRUGS

85

33

COMPENSATION ORDERS

87

34

MISCELLANEOUS SEARCH WARRANTS

91

35

CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS

95

36

COSTS AND WITNESSES' EXPENSES

97

37

PROCEEDINGS INVOLVING CHILDREN OR YOUNG PERSONS

97

38

MISCELLANEOUS MATTERS

99

PART III

CIVIL PROCEEDINGS

39

COMMENCEMENT OF PROCEEDINGS

101

40

PARTICULARS TO BE GIVEN IN CERTAIN CIVIL SUMMONSES, ETC.

107

41

DEFENCE, LODGMENT AND COUNTERCLAIM

109

42

THIRD PARTY PROCEDURE

113

43

SECURITY FOR COSTS

115

44

ATTENDANCE OF WITNESSES

117

45

JUDGMENT IN DEFAULT

119

46

HEARING OF CIVIL PROCEEDINGS

123

47

EJECTMENT PROCEEDINGS

127

48

EXECUTION OF DECREES AND DISMISSES

131

49

INTERPLEADER

133

50

APPLICATION TO HAVE AN ACTION FORWARDED TO THE CIRCUIT COURT OR TO THE HIGH COURT

135

51

COSTS AND EXPENSES

137

52

COUNSEL'S FEES

139

53

ENFORCEMENT OF JUDGMENTS

141

Family Law

54

MAINTENANCE OF SPOUSES AND CHILDREN

147

55

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS AS BETWEEN THE STATE AND NORTHERN IRELAND, ENGLAND AND WALES, AND SCOTLAND

151

56

ATTACHMENT OF EARNINGS

157

57

PROCEEDINGS UNDER SECTION 8 of THE ENFORCEMENT OF COURT ORDERS ACT, 1940

159

58

CUSTODY AND GUARDIANSHIP OF INFANTS

161

59

DOMESTIC VIOLENCE

165

60

PROTECTION OF THE FAMILY HOME

171

61

USE OF BLOOD TESTS IN DETERMINING PARENTAGE

173

62

PROCEEDINGS UNDER—

THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968, (OR)

THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 1988, (OR)

THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS, (OR)

THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE

175

Licensing

63

AUCTIONEERS AND HOUSE AGENTS

191

64

BETTING ACT, 1931

193

65

FISHERIES

195

66

GAMING AND LOTTERIES

199

67

GENERAL DEALERS

201

Intoxicating Liquor

68

CERTIFICATES FOR SPIRIT RETAILERS LICENCES, BEER RETAILERS' LICENCES, WHOLESALE BEER DEALERS' LICENCES; DECLARATIONS OF FITNESS UNDER SECTION 15 of THE INTOXICATING LIQUOR ACT, 1960

203

69

RESTAURANT CERTIFICATES AND DECLARATIONS AS TO SUITABILITY OF PREMISES

205

70

OBJECTIONS TO THE FIRST GRANT OF WINE RETAILERS ON-LICENCES

207

71

SPECIAL EXEMPTION ORDERS

209

72

GENERAL EXEMPTION ORDRES

211

73

EXEMPTIONS FOR SPECIAL EVENTS

213

74

EXEMPTIONS FOR LICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY

215

75

EXEMPTIONS FOR UNLICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY

217

76

OCCASIONAL LICENCES

219

77

AD-INTERIM TRANSFERS OF LICENCES

221

78

TRANSFERS OF LICENCES HELD BY NOMINEES

223

79

CERTIFICATES OF TRANSFER

225

80

OBJECTIONS TO RENEWAL OF INTOXICATING LIQUOR LICENCES, FORMS OF RENEWAL CERTIFICATE AND RECORDING OF RENEWALS OF LICENCES

227

81

ANNUAL LICENSING COURT

229

82

REGISTER OF LICENCES

231

83

REGISTRATION OF CLUBS, GRANTING OF CLUB AUTHORISATION

233

84

CHILD CARE

239

85

WATER DISCONNECTION

249

86

PUBLIC DANCING

251

87

PUBLIC MUSIC AND SINGING

253

88

STREET AND HOUSE TO HOUSE COLLECTIONS

255

89

WILDLIFE

257

MISCELLANEOUS MATTERS

90

AIR NAVIGATION (EUROCONTROL)

261

91

CONTROL OF DOGS

263

92

FIRE SERVICES

267

93

HOUSING (PRIVATE RENTED DWELLINGS)

269

94

IRISH NATIONALITY AND CITIZENSHIP

271

95

MALICIOUS INJURIES

273

96

PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION

275

97

ROAD TRAFFIC

279

98

SOCIAL WELFARE — CONTRIBUTIONS TOWARDS BENEFITS OR ALLOWANCES

281

99

ISSUE OF SUMMONSES IN MATTERS OTHER THAN CRIMINAL MATTERS

283

PART IV

APPEALS AND CASES STATED

100

APPEALS TO THE DISTRICT COURT

285

101

APPEALS TO THE CIRCUIT COURT

287

102

CASES STATED

291

SCHEDULE A

RULES WHICH ARE ANNULLED BY THESE RULES

295

SCHEDULE B

FORMS IN CRIMINAL PROCEEDINGS

299

SCHEDULE C

FORMS IN CIVIL PROCEEDINGS

540

SCHEDULE D

FORMS IN APPEALS TO THE DISTRICT COURT AND TO THE CIRCUIT COURT AND IN CASES STATED FOR THE SUPREME COURT AND FOR THE HIGH COURT

1136

SCHEDULE OF COSTS

1151

SCHEDULE OF COUNSEL'S FEES

1158

INDEX TO RULES

1159

S.I. No. 93 of 1997

DISTRICT COURT RULES, 1997

We, the District Court Rules Committee, in exercise of the powers conferred on us by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby make the annexed Rules of Court.

GIVEN this 30th day of January, 1997.

Peter Smithwick

Chairman.

John Garavan

John P. Clifford

Gillian M. Hussey

John P. Brophy

Deirdre M. Kennedy

Gerard Griffin

Sean McMullin

James McCormack

Secretary

I concur in the making of the annexed Rules of Court.

Dated this 24th day of February, 1997.

NORA OWEN,

Aire Dlí agus Cirt.

DISTRICT COURT RULES, 1997

These Rules may be cited as the "District Court Rules, 1997" or in abbreviated form as "DCR 1997", and shall come into operation on the 1st day of May, 1997.

On and from the said date the Rules listed in Schedule A hereto shall stand annulled, save as to any proceedings pending in the Court, which proceedings shall be continued and completed as if these Rules had not been made.

The Interpretation Act, 1937 , shall apply to these Rules.

INTERPRETATION OF TERMS

In these Rules—

"civil proceedings" includes those suits or actions at law in which jurisdiction is conferred by any enactment upon the District Court in civil cases as described in section 77A of the Courts of Justice Act, 1924 and in any enactment extending or amending that section either expressly or by implication;

"civil summons" means a summons issued under Order 39, 42, 47, 49 or 62 of these Rules;

"Clerk", save where the context otherwise requires, means a District Court Clerk or any person temporarily assigned to perform the duties and fulfil the functions of such Clerk;

"County Registrar" when used in relation to the execution of decrees, warrants or other execution orders in any county or county borough in which the powers and duties of the Under-Sheriff or Sheriff are not transferred to a County Registrar, means the Under-Sheriff or Sheriff, as the case may be;

"Court" unless the context otherwise requires, means the District Court established under section 5 of the Courts (Establishment and Constitution) Act, 1961 ;

"court area" means one of the areas created under section 21 (repealed by section 32 (1) of the Courts (Supplemental Provisions) Act, 1961 ) of the Courts of Justice Act, 1953 , and such words shall be construed to include the Dublin Metropolitan District as hereinafter defined;

"criminal proceedings" includes proceedings under Part II of these Rules;

"district", save where the context otherwise requires, means one of the districts created under section 22 (repealed by section 32 (2) of the Courts (Supplemental Provisions) Act, 1961 ) of the Courts of Justice Act, 1953 ;

"Dublin Metropolitan District" means the district styled and known as the Dublin Metropolitan District under section 64 of the Courts of Justice Act, 1936 and described and defined in the District Court Districts (Dublin) Order, 1945 ( S R & O. 1945, No. 279 ) and varied by the District Court Districts (Dublin) (Amendment) Order, 1982 ( S.I. No. 88 of 1982 );

"Judge" means a Judge of the District Court and includes the President of the District Court;

"licensing year" means a period of twelve months ending on the 30th day of September in any year;

"Minister" means the Minister for Justice (save where the context otherwise requires);

"oath" includes solemn affirmation and statutory declaration;

"party" includes any person entitled to appear and be heard in relation to any action, application or other proceedings;

"penalty" includes any fine or other penal sum and, where a fine is ordered to be paid, any compensation, costs or expenses, in addition to such fine;

"prescribed", in relation to fees, means prescribed by the Minister with the sanction of the Minister for Finance;

reference to any enactment shall, save where the context otherwise requires, be construed as a reference to that enactment as amended, extended or applied by or under any subsequent enactment;

"summons" means a summons other than a civil summons;

"summons server" means a person appointed by a County Registrar under the provisions of section 44 of the Court Officers Act, 1926 .

PART I

PRELIMINARY AND GENERAL

ORDER 1

SITTINGS

Sittings

1. Sittings of the Court shall be held in the places, on the days and at the hours from time to time appointed under the statutory and other provisions in that behalf for the time being in force.

Further sittings

A Judge may, however, hold a sitting of the Court within his or her district—

(1) at a place or time not so appointed, for the preliminary examination of indictable offences;

(2) at a time not so appointed, for the purpose of hearing any proceedings adjourned from a sitting so appointed; and

(3) at a place or time not so appointed for the hearing of such summary offences as may be specified from time to time by order of the Minister pursuant to section 15 of the Courts Act, 1971 .

Times and places at which business may be transacted

*2. A Judge may when sitting at a place, on a day, and at an hour appointed for the transaction of any particular class of business of the Court, transact at such sitting any other class of business of the Court.

* Courts of Justice Act 1953 [s.27 (2)].

ORDER 2

ADJOURNMENT OF PROCEEDINGS AND OF THE COURT

Adjournment of proceedings

†1. A Judge may transfer or adjourn the transaction of any business of the Court in which he or she has jurisdiction either to—

(1) another occasion at the place in which he or she was transacting such business at the time of such transfer or adjournment, whether such occasion is or is not a day and hour appointed, or

(2) to another occasion (whether such occasion is or is not a day and hour appointed) at some other place in his or her district which is a place appointed for the transaction of business of the Court, whether such business does or does not include the said business so transferred or adjourned.

2. (1) A Judge may at any time adjourn the hearing of any proceedings upon such terms as he or she thinks fit and may adjourn generally with liberty to re-enter.

(2) Proceedings which have been adjourned generally with liberty to re-enter may be re-entered by giving not less than ten days' notice in writing to the other party and lodging a copy of such notice with the Clerk not less than four days before the date of the hearing.

Adjournment of the Court

3. (1) Where a Judge is not in attendance at the time appointed for the holding of a Court the Clerk may, in pursuance of a direction received from such Judge on or before the day and time so appointed, adjourn the holding of such Court and the hearing of the proceedings thereat in accordance with such direction.

(2) Where no such direction is received by the Clerk and no Judge is in attendance one hour after the time appointed for the holding of a Court, the Clerk shall adjourn the holding of such Court and the hearing of the proceedings thereat to the next Court to be held in the court area.

(3) The Clerk shall post a notice of adjournment (Form 2.1 Schedule B) on the door of the courthouse and shall retain a copy thereof.

(4) All persons whose attendance shall have been required by any summons, order, civil summons, recognisance or notice at the Court so adjourned shall be deemed to have had notice of such adjournment and shall be obliged to attend on the day to which such adjournment shall take place, without the issue or service of any further summons, order, civil summons, recognisance or notice.

Courts of Justice Act 1953 [s. 27 (3)].

*4. Notwithstanding the provisions of rule 3, where there is no sitting of the Court on the day to which a person is remanded in custody, such person shall stand remanded to the sitting of the Court next held in the same District Court district, and the Clerk shall forthwith transmit to the Governor of the prison or to the person in charge of the remand institution where such person is detained the certificate specified in Order 19, rule 2 (5) (a) of these Rules at Form 19.3, Schedule B.

* Criminal Procedure Act 1967 [s. 24 (5)].

ORDER 3

LANGUAGE

Either the National language or the English language may be used in any court document or at the hearing of any cause or matter.

ORDER 4

MODE OF ADDRESS

A Judge shall be addressed in court as "A Bhreithimh" or as "Judge".

ORDER 5

JUDGES' ROBE

1. The Judges shall, during the sittings of the Court, wear a black coat and gown of uniform nature and material and white bands.

2. A Judge, when hearing and determining such proceedings as are referred to in section 45 (1) of the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989) or proceedings involving a child or young person (within the meaning of the Children Acts, 1908 to 1989), shall not wear such gown or bands.

ORDER 6

RIGHT OF AUDIENCE

Persons entitled to appear and address the Court

1. The following persons shall be entitled to appear and address the Court and conduct proceedings—

( a ) any party to the proceedings; or

( b ) a solicitor for such party; or

( c ) a counsel instructed by the solicitor for such party; or

( d ) where the proceedings are in relation to the taxes and duties under the care and management of the Revenue Commissioners, or in relation to any fine, penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts, a duly authorised officer of the Revenue Commissioners or the Revenue solicitor; or

( e ) in proceedings at the suit of the Director of Public Prosecutions in respect of an offence, the said Director or any member of the Garda Síochána or other person appearing on behalf of or prosecuting in the name of the Director.

2. Save where otherwise provided by statute or by rules of court, the father, mother, son, daughter, husband, wife, brother or sister of any party may appear on behalf of that party provided that any such person has the leave of the Court to appear and be heard and that the Court is satisfied that the party is, from infirmity or other unavoidable cause, unable to appear.

ORDER 7

MINORS AND OTHER PERSONS UNDER DISABILITY

Construction

1. In this Order—

"minor" shall be construed in accordance with the provisions of section 3 of the Age of Majority Act, 1985 (No. 2 of 1985).

Minors — next friend/guardian ad litem

2. A minor may sue by his or her next friend, and may defend any proceeding by his or her guardian ad litem. In any such case, before the name of any person shall be used in proceedings as next friend or guardian ad litem of the minor, such person shall sign an authorisation in the Form 7.1, Schedule C for that purpose, which shall be lodged with the Clerk together with the civil summons or other originating document or, as the case may be, with a notice of intention to defend.

Appointment by the Court

3. Where any proceedings are brought before the Court on behalf of or against a minor the Court may, if it thinks it expedient so to do, at any stage of the proceedings by an order in writing in the Form 7.2, Schedule C, appoint a next friend or a guardian ad litem to act for and on behalf of such minor, and may at any time replace a person so appointed.

Court approval required for acceptance of lodgments, etc.

4. (1) Where a sum of money has been lodged in court by the defendant in an action for a wrong in which the plaintiff is a minor, an application made to the judge pursuant to section 63 (1) of the Civil Liability Act, 1961 (No. 41 of 1961) by the plaintiff to decide whether that sum of money should be accepted or the action should go to trial may, upon notice to the defendant and the Clerk in the Form 7.3, Schedule C, be made at any sitting of the Court for the court area wherein the action is listed for hearing.

(2) The provisions of Order 41, rule 2 (4) of these Rules shall apply to proceedings brought by or on behalf of a minor, where a settlement, compromise, payment or acceptance of money paid into court therein is proposed.

Orders for investment, etc.

5. (1) The Court may direct that any sum of money or other personal property to which the minor may be declared entitled in such proceedings be secured or invested for the benefit of the minor in such manner as the Court may consider advisable.

— interim payments

(2) Unless the Court shall otherwise decide, no interim payment out of any money so secured or invested shall be made save in pursuance of an order of the Court made upon the application of the minor's next friend or guardian ad litem. Such application may be made at any sitting of the Court for the court district wherein the proceedings were heard and determined, upon lodging with the Clerk a notice in the Form 7.4, Schedule C.

On attaining full age

6. (1) Where the minor attains full age while proceedings to which the foregoing rules of this Order relate are still before the Court, application may be made by the former minor's solicitor, next friend or, as the case may be, guardian ad litem at any sitting of the Court for the court area wherein the proceedings are being heard for an order that the plaintiff or defendant, formerly a minor, may proceed or defend in his or her own name.

— payment out of sums invested

(2) A person who, on attaining full age, seeks the payment of any sum of money which was secured or invested for his or her benefit under rule 5 (1) hereof or any balance of such sum remaining due, may apply at any sitting of the Court for the court area wherein the proceedings were heard and determined for an order authorising such payment. Notice of the application in the Form 7.5, Schedule C shall be lodged with the Clerk at least two days prior to the date of hearing. The applicant shall, if required at the hearing, produce proof of age in the manner prescribed in rule 7 hereof.

— order for payment

(3) On hearing the application the Court may by order direct the payment out to the applicant of any sum of money which the Court is satisfied is due to the applicant, together with accrued interest or dividend thereon (if any), or may make any other order on such application as to the Court shall seem just.

Proof of age

7. A certified extract from the Register of Births showing the date of the minor's birth shall, if required, be produced and proved on behalf of the minor at the hearing of proceedings involving such minor, on an application to have a proposed settlement approved by the Court or on any other application relating to a minor or a person who has lately been a minor. The said date of birth shall be noted in any order of the Court made in any such proceeding or application.

Persons of unsound mind

8. A person of unsound mind may sue by his or her committee or next friend and may defend any proceedings by his or her committee or guardian ad litem and the provisions of this Order, with any necessary modifications, shall apply in appropriate cases and those provisions shall be construed accordingly.

Service of documents

9. Save where the Court otherwise orders, service of documents upon a minor shall be effected in accordance with the provisions (including rule 9) of Order 10 of these Rules, and upon a person of unsound mind in accordance with the provisions (including rule 10) of that Order.

ORDER 8

TENDERING OF EVIDENCE

Evidence by a witness

1. Save where any enactment or rule otherwise provides, the evidence of all witnesses in the Court shall be given viva voce and on oath.

2. In any proceedings a witness who is not a party shall not absent himself or herself from the Court without leave. The Court may, however, order such witness to leave the Court until his or her evidence is required or after such evidence has been given.

In civil proceedings facts may be proved by affidavit

3. (1) In civil proceedings, the Court may at any time, for such reasons as it thinks fit and on such conditions as it thinks reasonable, permit any particular fact or facts to be proved by affidavit or permit the affidavit of any witness to be read at the hearing. The Court shall not, however, grant such permission where it appears that any party to the proceedings bona fide requires the production of a witness for cross-examination and that such witness can be produced.

Documents to be marked and returned

(2) A document put in evidence other than an original will, shall be marked by the Clerk and, unless the Judge otherwise directs, shall be returned to the party tendering the same as soon as possible after the hearing.

ORDER 9

AFFIDAVITS

Affidavits to be made before Commissioners for Oaths

1. Unless otherwise provided by statute or Rules of Court, an affidavit to be used in the Court shall be made before a Commissioner to administer Oaths for the High Court or, where a person making an affidavit resides outside the State or is for the time being thereout, then an affidavit shall be made before any person duly authorised to administer oaths in the country where such person ordinarily resides or is, and the signature of such person purporting to act as such Commissioner or of the person duly authorised to administer oaths shall be prima facie evidence that such affidavit was duly made.

No affidavit to be sworn before the solicitor for the party

2. No affidavit shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used or before the partner, agent, or clerk of such solicitor or before the said party.

ORDER 10

SERVICE OF DOCUMENTS

Persons authorised to serve documents

Meaning of word "document"

1. In this Order "document" means a summons, a civil summons, a witness summons, a notice, an order of the Court and such other documents as may be specified by the County Registrar pursuant to the powers vested in him or her.

Generally

2. (1) Where a summons-server stands assigned to a particular court area a document shall be served by such summons-server unless these Rules or statute otherwise provide or unless the Court otherwise directs.

(2) The fee to be paid to a summons-server for the service of any such document shall be the sum of £3.25 (or such other sum as for the time being stands duly fixed by Rule of Court) payable on proof of each separate service effected.

3. (1) In proceedings by way of summons in which the prosecutor is the Director of Public Prosecutions or an officer or member of the Garda Síochána, a Minister of the Government or a Minister of State or an officer of either such Minister, or an officer of the Revenue Commissioners, a document shall be served by a member of the Garda Síochána, or by any other person or any other means authorised by statute or rules of Court.

(2) A member of the Garda Síochána shall not serve a document in any proceedings in which such member is the person instituting the proceedings.

School Attendance Act

4. In proceedings under the School Attendance Act, a summons or notice may be served by an officer of the appropriate School Attendance Committee.

Modes of Service

Service generally

5. Save where otherwise provided by statute or by Rules of Court, service of a document shall be effected upon a person in the State by delivering to that person a copy thereof or by leaving the copy for that person at his or her last or most usual place of abode, or at his or her office, shop, factory, home or place of business with that person's husband or wife, as the case may be or with a child or other relative (apparently residing with that person) of that person or of his wife or her husband as the case may be, or with any agent, clerk, servant or employee of that person, or with the person in charge of the house or premises wherein that person usually resides, provided that the person (other than the person upon whom service is to be effected) with whom the copy is left is not under the age of sixteen years and is not the person instituting the proceedings.

Service on a company

*6. (1) A document may be served upon a company by leaving a copy thereof at or sending a copy thereof by post to the registered office of the company or, if the company has not given notice to the registrar of companies of the situation of its registered office, by registering it at the office for the registration of companies.

(2) For the purposes of this rule, any document left at or sent by post to the place for the time being recorded by the registrar of companies as the situation of the registered office of a company shall be deemed to have been left at or sent by post to the registered office of the company notwithstanding that the situation of its registered office may have been changed.

Service on local authority, etc.

7. A document may be served upon a local authority, statutory board or body, or an unincorporated society or club by leaving a copy thereof with any employee of such authority, board, body, society or club at the principal office thereof or by sending such copy by prepaid registered post to such principal office.

Service on firm

8. Where persons are sued as partners in the name of their firm, a copy of the document shall be served either upon any one or more of the partners or at the principal place within the jurisdiction at which the business of the partnership is carried on, upon any person having at the time of service the control or management of the partnership business there; and such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a document against them shall be necessary; provided that in the case of a partnership which has been dissolved to the knowledge of the applicant before the commencement of the action, the document shall be served upon every person within the jurisdiction sought to be made liable.

Service on minor

9. Where the person upon whom service is to be effected is a minor, service upon the father, mother, other guardian or, if there is none, then upon the person with whom the minor resides or under whose care he or she is, or upon his or her solicitor shall unless the Court otherwise decides, be deemed good service upon such minor.

Service on lunatic or person of unsound mind

10. Where the person upon whom service is to be effected is a lunatic or person of unsound mind not so found by inquisition, service upon his or her solicitor or upon the committee of the lunatic or upon the guardian ad litem or the person with whom the person of unsound mind resides or under whose care he or she is, shall, unless the Court otherwise decides, be deemed good service upon such lunatic or person of unsound mind.

Service on prisoner

11. Where the person upon whom service is to be effected is a prisoner or a person detained in a place of detention under the order of any court or tribunal, service upon the governor, director or other person in charge of the prison or place of detention shall, unless the Court otherwise decides, be deemed good service upon such prisoner or person so detained.

* Companies Act 1963 [s. 379].

Service on solicitor

12. Service of a document shall be deemed good service if the Judge is satisfied that a solicitor acting on behalf of the person to be served has accepted service thereof. Such service may be effected by delivering to the solicitor or by leaving at his or her office for, or by sending by post in an envelope to, such solicitor, a copy of the document.

Service by registered post, etc.

13. (1) Whenever and so long as no summons server stands assigned to a particular area, by the County Registrar for the county in which the area is situated, for the service of a document in proceedings to which subsection (1) of section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971 ) relates, then, unless otherwise provided, such document may be served by registered prepaid post in accordance with the provisions of the said section 7.

(2) In a case of summary jurisdiction to which subsection (1) of section 22 of the Courts Act, 1991 relates, a summons may be served upon the person to whom it is directed—

( a ) by sending, by registered prepaid post, a copy thereof in an envelope addressed to that person at his or her last known residence or most usual place of abode or at his or her place of business in the State, or

( b ) by delivery by hand, by a person (other than the person on whose behalf it purports to be issued) authorised by these Rules in that behalf, of a copy thereof in such an envelope as aforesaid,

and the provisions of the said section 22 shall apply in every such case. Where the Court has proceeded to hear a complaint or accusation to which the summons relates and such person claims not to have had notice of the summons or the hearing to which it relates, application pursuant to section 22 (6) of the said Act to have the proceedings set aside may be made in accordance with that section and rule 23 of this Order.

Substituted service, etc.

14. (1) Wherever the Court is satisfied upon ex parte application made in that behalf, that, for good cause shown, service of a document cannot be effected in a manner or in any manner prescribed by these Rules, it may make an order for substituted or other service or for the substitution for service of notice by advertisement or otherwise. Particulars of such order shall be endorsed on the original and each copy of the document to be served.

(2) Where the Court is satisfied that any particular mode of service prescribed is at any time not then available, it may by order in writing direct that the service of documents or of any particular class of documents be effected in such other manner as it thinks proper. Such direction shall be retained by the Clerk and shall remain in force until the said mode of service is again available or until the direction is revoked by the Court.

15. The Court may, if it sees fit so to do, deem the service of any document actually effected in any proceedings, even though not effected in a manner prescribed by these Rules, to be good and effected service.

Proof of Service

16. A person who serves a document shall either prove the service by evidence given orally before the Court or make, before a Judge or a Peace Commissioner, a statutory declaration as to service, in the Form 10.1, 10.2, 10.3 or 10.4, Schedule B, as the case may be.

17. Where a statutory declaration is made, and lodged under rule 21 hereof, it shall be prima facie evidence of the mode, time and place of service as therein set out and it shall not be necessary for the person effecting service to attend in person at the Court to depose to such service, but the Court may, if it thinks fit, require the person who effected service to attend before it and give evidence touching such service notwithstanding the making of such statutory declaration.

17A. When service of a document upon a person has been effected by registered prepaid post, such service may be proved by a statutory declaration, in the Form 10.1 or 10.2, Schedule B, as the case may be, which shall be made not earlier than ten days after the day on which the envelope containing the copy of the document for service was posted. Such declaration shall be made by the person who posted the envelope, shall exhibit the certificate of posting, shall state, where appropriate, that the original document was duly stamped at the time of posting, and that the envelope has not been returned undelivered to the sender.

18. Where service of a document is effected by registered prepaid post or by ordinary prepaid post the document shall be deemed to be served upon the person to whom it was directed at the time at which the envelope containing the copy for service would be delivered in the ordinary course of post. The document shall, unless otherwise provided, be deemed to be issued at the time at which the envelope was posted.

Document to be stamped

19. Where a document is required by law to be stamped, service thereof shall have no effect or validity unless, at the time of such service, the original document was so stamped.

Time for service and lodgment of documents

20. Save where otherwise provided by statute or by Rules of Court, a document which is required to be served shall be served at least seven days or, in the case of service by registered prepaid post, at least twenty-one days, before the date fixed for the hearing.

Time for lodgment

21. A document intended for entry for hearing shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least four days before the date fixed for the hearing.

Late entries

22. No document shall be received or entered by the Clerk after the time specified by these Rules without the order of the Judge, and any late entry shall be made in accordance with such direction as the Judge may give.

In a case of summary jurisdiction,

— application to have proceedings set aside

Where no notice of summons or of hearing was received

23. (1) In this rule—

"the Act of 1851" means the Petty Sessions (Ireland) Act, 1851 ;

"the Act of 1986" means the Courts (No. 3) Act, 1986 (No. 33 of 1986);

"the Act of 1991" means the Courts Act, 1991 (No. 20 of 1991).

(2) Where a summons has been issued under section 11 (2) of the Act of 1851 or section 1 of the Act of 1986 and the Court has proceeded to hear the complaint or accusation to which the summons relates and the person to whom the summons is directed intends to apply pursuant to section 22 (6) (a) of the Act of 1991 to have the proceedings set aside on the ground that he or she did not receive notice of the summons or of the hearing to which the summons relates, such application may be made at any sitting of the Court for the transaction of summary business for the court area wherein the hearing to which the summons relates has taken place. Where the application is not made within twenty-one days after the said summons or hearing comes to the notice of the applicant, a further period within which to make the application may be sought ex parte at any sitting of the Court for the said court area.

(3) Notice of such application to have proceedings set aside shall be in the Form 10.5, Schedule B, and when completed, shall forthwith be lodged with the Clerk for the said court area.

(4) Upon receipt of the notice the Clerk shall enter and, having regard to the provisions of section 22 (6) (b) of the said Act of 1991, shall list the matter for hearing and give, or send by ordinary post, to the applicant and the opposing party named in the proceedings a notice in the Form 10.6, Schedule B.

(5) The order of the Court on hearing the application shall be in the Form 10.7, Schedule B.

ORDER 11

SERVICE OUT OF THE JURISDICTION

PART I — GENERAL

Definitions

1. In this Order—

"Central Authority", when used in relation to the State, means the Master of The High Court and, when used in relation to any other State which is a party to the Hague Convention means the authority or authorities so designated by that State under Article 2 of that Convention to receive requests for the service of documents;

"document" includes an extrajudicial document;

"The Hague Convention" means the Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters;

"jurisdiction" shall mean the jurisdiction of the State.

Cases in which may be allowed

2. Service out of the jurisdiction of a civil summons or other originating document, or of notice thereof, may be allowed by the Court in the following cases—

( a ) in proceedings for ejectment where the premises sought to be recovered are within the jurisdiction;

( b ) in proceedings founded on a contract where such a contract is

(i) made within the jurisdiction, or

(ii) made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or

(iii) by its terms or implications to be governed by Irish Law;

( c ) in proceedings brought in respect of a breach committed within the jurisdiction of a contract wherever made, even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction;

( d ) in proceedings founded on a tort committed within the jurisdiction;

( e ) where any relief is sought against a person domiciled or ordinarily resident within the jurisdiction;

( f ) where any person out of the jurisdiction is a necessary or proper party to an action properly brought against another person duly served within the jurisdiction;

( g ) in proceedings relating to a minor or person of unsound mind domiciled in, or a citizen of Ireland.

How application to be made

3. An application for leave to serve a civil summons or other originating document, or notice thereof, upon a person out of the jurisdiction shall be made ex parte and shall be supported by an affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such person is or probably may be found, and whether such person is or is not a citizen of Ireland, and the grounds on which the application is being made.

No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

Court to fix date of hearing

4. Upon granting such an application, the Court shall fix the date of hearing of the proceedings, and in so doing shall have regard to the place or country where or within which such summons, document or notice is to be served.

Where person to be served

5. Whenever an order is made granting leave to serve out of the jurisdiction under the provisions of this Order,

— is a citizen of Ireland

(1) if the person to be served is a citizen of Ireland, the civil summons or other originating document (together with any other document required in any particular case to be served) shall be served upon that person;

— is not a citizen of Ireland

(2) if the person to be served is not, or is not known or believed to be, a citizen of Ireland, notice of the civil summons or other originating document, and not the summons or document itself, (together with any other document required in any particular case to be served) shall be served upon that person;

Copy of order granting leave must also be served

(3) it shall be necessary in all cases to serve a copy of such order granting leave together with the civil summons or other originating document or notice thereof referred to in paragraphs (1) and (2) hereof.

How service to be effected

6. ( a ) Whenever leave is granted under this Order to serve out of the jurisdiction a civil summons or other originating document, or notice thereof, such service shall be effected by registered post or by insured post, as appropriate, or by such other method as the Court shall determine.

( b ) When service is being effected by registered post, application for an advice of delivery should be made to the postal authorities at the time of posting. Proof of such service by post shall be by the production of a statutory declaration as to service, the certificate of posting and the advice of delivery form (when returned), which documents shall be lodged with the Clerk together with the originals of the documents which were posted. Such service shall be deemed to have been effected at the time at which the envelope containing the copy civil summons or other originating document or copy of the notice thereof, and the copy of the order granting leave to serve out of the jurisdiction (and copy of any other document required to be served) would have been delivered in the ordinary course of post.

In cases where The Hague Convention applies

( c ) In a case where the person to be served is in another State which is a party to The Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, service shall be effected in accordance with the provisions of that Convention (which may include service by post under paragraph (a) hereof provided the State of destination has not made an objection to such service under Article 10 (a) of The Hague Convention.

PART II — SERVICE UNDER THE HAGUE CONVENTION

Hague Convention procedure

7. Where any document for use in civil or commercial proceedings in the District Court is to be served upon a person in any other State which is a party to The Hague Convention, that document shall be served in accordance with the provisions (including Articles 8 to 11) of that Convention.

Party to lodge documents with Master

8. Any party to any proceedings of a civil or commercial nature or a solicitor acting for any such party or, as the case may be, any district court clerk who wishes to have a document served abroad pursuant to The Hague Convention may lodge with the Central Authority, i.e. the Master of The High Court.

( a ) a request for service of the document, in the form specified in the Annex to that Convention, and a copy thereof.

( b ) two copies of the document to be served, with an additional copy thereof for each person to be served.

( c ) a translation of each document into the official language or one of the official languages of the State addressed, unless that document is already in one of those languages.

( d ) an undertaking to pay the costs of service, payment or reimbursement of which is or may be sought by the Central Authority of the State addressed under Article 12 of that Convention,

and the relevant provisions of Order 11B of the Rules of the Superior Courts (inserted by the Rules of the Superior Courts (No 3), 1994) shall apply in every such case.

Certificate of service

9. (1) A certificate of service completed and forwarded under Article 6 of The Hague Convention by the Central Authority of the State addressed or any authority which it may have designated for that purpose shall be prima facie evidence of the facts stated therein. A document purporting to be such a certificate shall, until the contrary is proved be deemed to be such a certificate.

to be lodged with Clerk

(2) Upon receipt of the said certificate the plaintiff (or solicitor for the plaintiff) shall lodge with the clerk the original of the document instituting the proceedings (and, where appropriate, the notice thereof) and the said certificate at least four days prior to the date fixed for the hearing.

Procedure on non appearance of defendant

10. (1) Where a document instituting proceedings (or notice thereof) had to be transmitted abroad for the purposes of service under the provisions of The Hague Convention and the defendant has not appeared or given notice to defend, judgment shall not be given until it is established that

( a ) the document or notice was served by a method prescribed by the internal law of the State addressed for the service of documents in domestic actions upon persons within its territory, or

( b ) the document or notice was actually delivered to the defendant or to the defendant's residence by another method provided for by that Convention,

and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendant to defend.

(2) At the hearing of the proceedings the Clerk shall produce to the Court any communication or correspondence received from the defendant.

Judgment may be given notwithstanding r.7 (1)

11. Notwithstanding the provisions of rule 10 (1) hereof, the court may give judgment even if no certificate of service or delivery as provided by The Hague Convention has been received, if all the following conditions are fulfilled—

( a ) the document or notice thereof was transmitted by one of the methods provided for in that Convention,

( b ) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document or notice,

( c ) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.

Time for appeal may be extended

12. In any case where the document instituting proceedings to which this Order relates (or notice thereof) had to be transmitted abroad for service under the provisions of The Hague Convention and judgment has been given against a defendant who has not appeared, any application by or on behalf of such defendant to extend the time for appeal from the judgment shall be by motion on notice and shall be grounded upon the affidavit of the moving party. Upon hearing the application the court may, if satisfied that—

( a ) the application was made within a reasonable time after the defendant had knowledge of the judgment and

( b ) the defendant without any fault on his or her part, did not have knowledge of the documents in sufficient time to defend or, as the case may be, knowledge of the judgment in sufficient time to appeal and

( c ) the defendant had disclosed a prima facie defence to the action on the merits,

extend the time for appeal from the judgment on such terms and conditions as to the Court seem just.

ORDER 12

MISCELLANEOUS

Abridgement or extension of time for service or lodgment

1. A Judge may whenever he or she thinks fit abridge or extend the time provided by these Rules for the service or lodgment for entry of any summons or civil summons. A note of the abridgement or extension of the time for service shall be endorsed on the original summons and on the copy issued for service and shall be signed by the Judge.

Amendments

2. A Judge may amend any summons, civil summons, notice or counterclaim by adding or striking out parties or by amending such other defects and errors in any such document as may be necessary for the purpose of determining the real question at issue between the parties. Such amendments may be made in such manner as the Judge directs and upon such terms as the Judge thinks fit. If in the opinion of the Judge, the amendment is one which might prejudice any party to the proceedings in the merits of that party's case, he or she may make the amendment and, if necessary, adjourn the case or may refuse to make any such amendment and, if necessary, dismiss the proceedings.

Enlargement or abridgement of time

3. (1) Save where such time is appointed by statute, and subject to paragraph (2) of this rule, a Judge may upon such terms as he or she thinks fit enlarge or abridge the time appointed by these Rules, or fixed by the Judge under this rule, for doing any act or taking any proceeding, and any such enlargement or abridgement may be made although the application for the same is not made until after the expiration of the time appointed or fixed. The Judge may declare any step taken or act done to be sufficient even though not taken or done within the time or in the manner prescribed by these Rules.

Notices requiring Case Stated not capable of enlargement

(2) The times limited by these Rules for lodging a notice requiring a Case Stated and for entering into a recognisance conditioned to prosecute without delay such Case Stated shall not be capable of enlargement under paragraph (1) of this rule.

Documents lost or destroyed — duplicate to issue

4. Where it appears to the Court that an original decree, dismiss, order or warrant has been lost or destroyed or that the same is improperly in the hands of the opposite party or of a person not entitled to it, or that it is unavailable to the parties by reason of its being in the hands of the County Registrar, Governor of a prison or other officer entitled to hold the same, the Court may issue a duplicate of such decree, dismiss order or warrant. Application for such duplicate shall be made on forty-eight hours' notice to the opposite party and to the Clerk. Where the Judge permits the issue of the duplicate decree, dismiss, order or warrant, as the case may be, there shall be clearly written or stamped upon the face of the same the word "Duplicate".

Time for giving of notice

5. Before any application, other than an ex parte application or an application for an adjournment, is made to the Court, the applicant shall, unless any statute or rule otherwise provides, give at least forty-eight hours' notice in writing to the Clerk of the Court at which such application is to be made.

How notice may be given to Garda Superintendent

6. Where under these Rules notice is required to be given to a Superintendent of the Garda Síochána the same may be given by leaving the notice with such Superintendent or with the officer in charge of the Garda Síochána station for which such Superintendent acts or by forwarding the same by prepaid post to such Superintendent and, in such latter case, the date of receipt shall be the day of the actual receipt of the notice by the Superintendent.

How notice may be given to Clerk, etc.

7. Where under these Rules notice is required or authorised to be given to the Clerk or other parties the same may be given by leaving the notice with such Clerk or other parties or by forwarding the same by prepaid post and in such latter case the date of receipt shall be the day of the actual receipt of the notice.

Notices to be in writing

8. All notices required by these Rules to be given shall be in writing unless expressly authorised by the Court to be otherwise given.

Remission of fees by Judge

9. A Judge may, in any case where he or she is satisfied of the inability of the party liable thereto to pay the fees or any of the fees prescribed in respect of proceedings in the Court, remit in whole or in part the fees payable in respect of any document or documents, and on the occasion of every such remission shall make a note of such remission on the document or documents upon which the fees shall have been remitted, and shall sign such note.

Last day Saturday, Sunday or office closed

10. Where the time for doing any act or taking any proceeding expires on a Saturday, a Sunday or other day on which the offices of the Court are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open.

Proceedings by summons for recovery of money

11. Where under any statute proceedings for the recovery of any sum of money claimed to be due are directed to be brought summarily or in the District Court or before a Judge, and neither the statute in question nor any other enactment nor any of these or any other Rules lays down the procedure to be followed in bringing the proceedings, such proceedings shall be brought by summons and not by civil summons.

Newspaper Notices

12. The Court shall, where necessary, determine in which newspaper shall be inserted any notice which may from time to time be required in any action or matter.

No procedure

13. Where no provision is made in any statute or Rules of Court governing practice and procedure in a particular proceeding the Court may adopt such procedure as it shall consider appropriate.

Practice and Procedure in Metropolitan District to continue

14. Notwithstanding the provisions of these Rules, it shall be lawful in the Dublin Metropolitan District to continue any practice or procedure now in force in that district either in addition to or in substitution for any practice or procedure laid down by these Rules.

All Clerks competent to perform duties

15. Where more than one Clerk is assigned to a court area every such Clerk shall be competent to perform all and any of the duties of a Clerk of the Court, and the Principal Clerk in such court area or, in the Dublin Metropolitan District or in the district including Cork City, the Chief Clerk, may make such division of duties among the Clerks assigned to such court area or district, as appropriate, as he or she thinks proper.

Size of documents

16. All documents and forms for lodgment in the Court or for service in connection with proceedings in the Court, except accounts, maps and plans, shall be written, printed or typewritten on paper of A4 size.

Slip Rule

17. Clerical mistakes in decrees, orders or warrants, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court.

Minute Book

18. (1) The Clerk of each court area shall keep a book, to be known as the Minute Book, in which shall be entered all the cases, other than those in which particulars of the offences are entered on charge sheets, which are for hearing at sittings of the Court for that court area.

Decision of Court to be recorded

(2) To enable effect to be given to the decision of the Court and to enable an order to be drawn up if required, the Judge shall, upon pronouncing his or her decision, cause a memorandum of that decision to be made in the minute book or charge sheet, as appropriate, and the Clerk shall attach a note of the decision to the relevant court-file. No alteration shall be made to the said memorandum except by the Judge who made it.

Recognisance by body corporate

19. A body corporate may, in any case in which a recognisance is required by these Rules, enter into such recognisance by its agent duly authorised for that purpose. Such authority shall empower the agent (who shall be a director, manager or other responsible officer of the body corporate) to bind the body corporate to perform and comply with all and any of the conditions of the recognisance and shall acknowledge the legal liability of the body corporate in the event of its failing to perform or comply with any condition thereof. A copy of a resolution of the board of directors or the managing committee of the body corporate purporting to be signed by the chairman for the time being of such board or committee shall be prima facie evidence of the appointment and authority of such agent. The Judge may, if he or she thinks fit, exempt such body corporate from the necessity for entering into such recognisance.

Exemptions from entering into recognisance

20. Any provision of these Rules requiring an appellant to the Circuit Court or an applicant for a case stated to enter into a recognisance shall not apply to the Attorney General, the Director of Public Prosecutions, the Director of Consumer Affairs and Fair Trade, any Minister of the Government or any Minister of State or an officer of either such Minister, an officer or member of the Garda Siochana acting in an official capacity, or to an officer of the Revenue Commissioners acting in an official capacity.

Interest on lodgments

21. Where a lodgment of a sum of money not less than £150 is made, the person making the lodgment may by notice, in the Form 18.5 Schedule B, request the Clerk to place the money on a deposit account and such person shall be entitled, where the lodgment is being refunded, to receive payment of any interest which accrued due thereon. The interest shall not form part of the lodgment.

Value-added tax

22. There shall be added to the costs awarded in any proceeding any sum payable by way of value-added tax on such costs by the party to whom they are awarded where, and only where, such party establishes that such sum is not otherwise recoverable.

23 Schedules and forms

23. The schedules to these Rules shall be taken to be part of the Rules and all forms therein contained shall be deemed valid and sufficient in law, and shall be the proper forms to be used, even when other and different forms shall be or have already been provided by any statute or other enactment under which the proceedings are brought. No departure from any of the forms in the said schedules, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which such forms relate, if the form or the words used be otherwise sufficient in substance and effect.

Reference to and modification of forms

24. Wherever mention is made in these Rules of a form immediately followed by a number and a Schedule, the reference is to be read as a reference to a form denoted by that number in the said Schedule; and every reference to any such form shall be construed to mean a reference to such modification of the form in the said Schedule as may be suitable for use in the particular proceeding or matter.

It shall be sufficient in any such form to state sums of money, dates and other numbers either in figures or in words.

Non-compliance with Rules

25. Non-compliance with any of these Rules shall not render any proceedings void, but in case of such non-compliance, the Judge may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner or upon such terms as the Judge thinks fit.

Where no form provided

26. Where no form is provided by statute or by rules of Court the parties or the Court shall frame the form, using as guides the forms contained in the Schedules to these Rules.

PART II

CRIMINAL PROCEEDINGS

ORDER 13

VENUE

*1. Criminal proceedings shall be brought, heard and determined either—

( a ) in the court area wherein the offence charged or, if more than one offence is stated to have been committed within a Judge's district, any one of such offences is stated to have been committed; or

( b ) in the court area wherein the accused has been arrested, or

( c ) in the court area wherein the accused resides, or

( d ) in the court area specified by order made pursuant to the provisions of section 15 of the Courts Act, 1971 .

Indictable offences

2. Where the proceedings are in respect of indictable offences such proceedings may be dealt with in any court area within the Judge's district.

Summary proceedings where accused is in custody

3. Where the proceedings are in respect of summary offences and the accused is in custody and is unable to give bail for his or her appearance at a sitting of the Court such proceedings may be heard and determined in any court area within the Judge's district.

Power of Judge

4. Nothing in this Order shall limit the power of a Judge to adjourn a case from one court area to another, nor restrict any statutory power conferred upon or vested in a Judge to exercise his or her jurisdiction in any court area other than in one of those mentioned in this Order.

* Courts of Justice Act 1924 [s. 79] and District Court (Areas) Order, 1961.

ORDER 14

ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS

Proceedings to be in open Court

*1. Save where otherwise provided by law, the place in which the Court shall sit for hearing summary proceedings and for the preliminary examination of indictable offences shall be deemed an open court to which, subject to the provisions hereinafter contained, the public generally may have access so far as the same can conveniently accommodate them.

Power to exclude public

†2. In any criminal proceedings for an offence which is, in the opinion of the Court, of an indecent or obscene nature, the Court may, subject to rule 4 hereof, exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may in its discretion permit to remain.

‡3. During the conduct of a preliminary examination where the Court is satisfied, that, because of the nature or circumstances of the case or otherwise in the interests of fair procedures it is desirable, to do so, the Court may, subject to rule 4, exclude the public or any particular portion of the public or any particular person or persons, except bona fide representatives of the Press, from the Court during the hearing.

§4. In any criminal proceedings—

( a ) where the accused is a person under the age of twenty-one years, or

( b ) where the offence is of an indecent or obscene nature and the person with or against whom it is alleged to have been committed is under that age or is a female,

a parent or other relative or friend of that person shall be entitled to remain in Court during the whole of the hearing.

Prohibition of publication of proceedings

5. No person shall publish or cause to be published any information as to any particular preliminary examination other than a statement of the fact that such examination in relation to a named person on a specified charge has been held and of the decision thereon or such information as the Judge permits to be published at the request of the accused.

Form of certificate

6. A certificate pursuant to section 17 (2) of the Criminal Procedure Act, 1967 , shall be in accordance with Form 14.1 Schedule B.

*Article 34 of the Constitution of Ireland and Criminal Procedure Act, 1967 [s.16 (1)].

Criminal Justice Act, 1951 [s.20 (3)].

Criminal Procedure Act, 1967 [s. 16 (2)].

§ Criminal Justice Act, 1951 [s. 20 (4)].

Criminal Procedure Act, 1967 [s. 17 (1), (3)].

ORDER 15

*ISSUE OF SUMMONSES ALLEGING OFFENCESS

1 Making of complaint to, and issue of summons by a Judge.

1. (1) Where in the first instance a summons is sought pursuant to section 10 of the Petty Sessions (Ireland) Act, 1851 to require the attendance before the Court of a person against whom a complaint is made, the complaint shall be made to a Judge and may be made with or without oath as the Judge shall direct.

(2) Where the complaint is made on oath it shall be made by sworn information (Form 15.3 Schedule B).

(3) Having received such complaint, the Judge may issue a summons (Form 15.1 Schedule B) in any case in which that Judge has jurisdiction in the district to which he or she is assigned.

Application to, and issue of summons by Court Office.

2. (1) When, upon application made to an office of the District Court pursuant to section 1 (4) of the Courts (No. 3) Act, 1986 for the issue of a summons in relation to an offence, a summons is issued, such summons shall be in the Form 15.2 Schedule B.

(2) A Clerk shall issue such summons or cause it to be issued if such Clerk is assigned to any court area in the district in which a Judge has jurisdiction in relation to the offence to which the summons relates.

Contents of summons and Court to which returnable.

3. (1) A summons shall state shortly in ordinary language particulars of the cause of complaint or the offence alleged and shall state the name and address of the person against whom the complaint has been made or who is alleged to have committed the offence.

(2) A summons issued by an office of the District Court and to which rule 2 (1) of this Order relates shall also notify such person that he or she will be accused of that offence at a sitting of the District Court to be specified in the summons.

(3) Every summons shall require the appearance of the person to whom it is directed at a sitting of the Court having jurisdiction to deal with the complaint or the offence alleged, provided that the court at which such person is required to appear shall—

( a ) where the summons is issued by a Judge, be a court within the area of jurisdiction, of that Judge, or

( b ) where the summons is issued or caused to be issued by a Clerk, be a court within the district in which a Judge has jurisdiction in relation to the offence to which the summons relates.

4. Two or more complaints or offences may be alleged in the one summons.

*Provisions relating to the issue of summonses in matters other than criminal matters are contained in Order 99 of these Rules.

Signing of summonses

5. (1) A summons issued by a Judge shall be signed by the Judge who issues it and no summons shall be signed in blank.

(2) A summons against a person who is a member of the Garda Síochána shall be signed by a Judge.

(3) ( a ) Where a summons is signed by a Judge such summons shall not be avoided by reason of the death of that Judge or by reason of his or her ceasing to hold office.

( b ) Where a summons is issued by an office of the District Court such summons shall not be avoided by reason of the death of the Clerk whose name appears on the summons or by reason of his or her ceasing to hold office.

Copies for service

6. There shall be issued with every summons a copy thereof for service upon each person to whom the summons is directed.

May be served in any part of the State

7. A summons may be served in any part of the State and upon service being effected in a manner prescribed by these Rules, the person against whom the complaint is made or the offence is alleged shall be as effectively bound by the proceedings as if he or she resided within the area of jurisdiction of the Judge issuing it or within the limits of the court area or areas for which the Clerk issuing it or causing it to be issued has been assigned.

8. Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of a number of different acts in the alternative, or states any part of the offence in the alternative, the acts, omissions or other matters stated in the alternative in the enactment may be stated either in the alternative or in the conjunctive in the summons alleging such offence.

9. In alleging an offence contrary to any statute or statutes it shall be sufficient to state the substance of the offence in ordinary language with such particulars of the offence as may be necessary for giving reasonable information as to the nature of the complaint, and it shall not be necessary to negative any exception or exemption from or qualification to the operation of a statute creating such offence.

Summons in lieu of a warrant

10. Where under Order 16, rule 1 (1) of these Rules a warrant is sought for the arrest of a person charging that person with having committed an indictable offence a Judge may, if he or she thinks fit, instead of issuing a warrant issue a summons requiring the appearance of that person, notwithstanding that the complaint had been made by information on oath and in writing. A Judge who has issued such summons may at any time (the complaint having been made by information) issue a warrant for the arrest of that person.

ORDER 16

ISSUE OF WARRANTS CHARGING OFFENCES

Application for, and issue of warrant.

1. (1) Where in the first instance a warrant is sought for the arrest of a person charging him or her with having committed an indictable offence, the complaint shall be made to a Judge and shall be made by information on oath and in writing (Form 15.3 Schedule B).

(2) Having received such complaint, the Judge may issue a warrant (Form 16.1 Schedule B) if the offence is stated to have been committed, or if such person resides, within the Judge's district.

(3) A Judge may issue such warrant whether the information has been sworn before him or her or before another Judge. Where the information has been sworn before another Judge, the duly completed information shall be produced to the Judge issuing the warrant.

(4) Any such information may be sworn and any such warrant may be issued or executed on any day and at any time.

Signing of warrants

2. (1) A warrant shall be signed by the Judge who issues it and no warrant shall be signed in blank.

(2) A warrant shall not be avoided by reason of the death of the Judge who signed it or by reason of his or her ceasing to hold office.

O.15, rr. 8 and 9 to apply to warrants.

3. The provisions of Order 15, rules 8 and 9 of these Rules shall apply to warrants charging offences and those provisions shall be construed accordingly.

Summons in lieu of warrant, but warrant may issue at any time.

4. Having received a complaint to which rule 1 (1) of this Order relates, a Judge may issue a summons instead of a warrant notwithstanding that the complaint had been made by sworn information. A Judge who has issued such summons may at any time (the complaint having been made by sworn information) issue a warrant for the arrest of the person to whom the summons was directed.

Power to arrest without warrant — warrant may still issue.

5. Where at common law or under any statute there is power to arrest a person without a warrant, a warrant for his or her arrest may be issued in accordance with the provisions of rule 1 of this Order.

Where suspect is within Judge's jurisdiction Judge may issue warrant

6. Where a complaint is made to a Judge that a person has committed or is believed to have committed, outside the jurisdiction of such Judge, any indictable offence and that such person is, or is suspected to be, within the limits of the jurisdiction of such Judge, the Judge may, upon the complaint being made on oath and in writing, issue a warrant (Form 16.1 Schedule B) for the arrest of the said person.

Binding over of informant

7. Where an information is made on oath and in writing, the Judge before whom it is made may, if he or she thinks fit, bind the informant by recognisance to appear at the Court where the person against whom the compliant was made is to be tried or the compliant is to be heard and at any adjournment thereof to give evidence in the matter of the said compliant.

ORDER 17

PROCEDURE ON ARREST

Particulars to be set out in charge sheet

1. (1) Whenever a person is arrested and brought to a Garda Síochána station, and is being charged with an offence, or where an offence is alleged against a person who is already on remand to the Court and a summons in respect of the offence is not issued, particulars of the offence alleged against that person shall be set out on a charge sheet (Form 17.1 Schedule B).

(2) When particulars of any offence are set out on a charge sheet in accordance with this rule, a copy of the particulars shall be furnished as soon as may be to the person against whom the offence is alleged.

(3) A charge sheet to which this rule applies shall be lodged as soon as possible with the Clerk for the court area in which the case is to be heard.

Person arrested to be brought before a Judge as soon as practicable

*2. (1) A person arrested pursuant to a warrant shall on arrest be brought before a Judge having jurisdiction to deal with the offence concerned as soon as practicable.

(2) A person arrested without warrant shall, on being charged with an offence, be brought before a Judge having jurisdiction to deal with the offence as soon as practicable.

*3. Where a person is arrested pursuant to a warrant later than the hour of 10 o'clock on any evening or, having been arrested without warrant, is charged after that hour and a Judge is due to sit in the district in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection (1) or (2), as the case may be, of section 15 of the Criminal Justice Act, 1951 if that person is brought before a Judge at the commencement of the sitting.

Release on bail in certain cases by members of Garda Síochána

†4. (1) Whenever a person is brought in custody to a Garda Síochána station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance (Form 17.2 Schedule B) with or without sureties approved by that member and in such sum or sums as such member shall determine, for his or her due appearance before the Court at the appropriate time and place or at any adjournment thereof.

(2) A sum of money equivalent to the amount of bail may be accepted in lieu of a surety or sureties. In such cases the recognisance (Form 17.3 Schedule B) and the money shall be deposited by the member of the Garda Síochána receiving it with the Clerk of the Court before which the person is bound by the recognisance to appear.

* Criminal Justice Act, 1951 [s. 15] as amended.

Criminal Procedure Act, 1967 [s. 31].

(3) The recognisance may be entreated in the like manner as a recognisance entered into before a Judge is estreated.

(4) This rule does not apply to a person arrested under section 251 of the Defence Act, 1954 , on suspicion of being a deserter or an absentee without leave from the Defence Forces.

(5) A recognisance taken under this rule shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear.

Release on bail in pursuance of endorsement

*5. Where a person is arrested on a warrant containing an endorsement directing the release of that person on his or her entering into a recognisance the sergeant or other member of the Garda Síochána in charge of any station to which on arrest the person named in the warrant is brought shall discharge that person upon his or her entering into a recognisance, with or without sureties approved by that member, in accordance with the endorsement.

6. A recognisance of an accused and of the sureties, if any, under this Order may be taken on any day and at any time.

* Criminal Procedure Act, 1967 [s. 30 (2)].

ORDER 18

PROCEDURE ON ADMITTING TO BAIL

Admission to bail

*1. Subject to rule 2 hereof a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge to be a case in which bail ought to be allowed and if such person is to be granted bail it shall be in the discretion of the Judge to determine the amount of bail and whether the bail shall be with or without a surety or sureties and the amount in which each surety shall be bound.

Bail in cases of treason, murder, and certain other offences

†2. A person charged with any of the following offences shall not be admitted to bail except by order of the High Court:—

( a ) treason,

( b ) an offence under section 2 of the Treason Act, 1939 ,

( c ) an offence under section 6 of the Offences Against the State Act, 1939 ,

( d ) a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962 ,

( e ) an offence under section 9 of the Official Secrets Act, 1963 or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,

( f ) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact.

( g ) an offence under section 7 of the Genocide Act, 1973 .

Sufficiency of sureties

3. Before taking a recognisance a Judge shall in every case satisfy himself or herself as to the sufficiency of each person proposed to be accepted as surety.

‡4. Refusal of bail at a particular appearance before the Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.

Release on completion of recognisance

§5. Where a Judge grants bail to an accused person who is in custody that person shall on completion of the recognisance (Form 18.1, 18.2 or 18.3 Schedule B as the case may be) be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.

Acceptance of deposit in lieu of sureties

6. Where a Judge decides to admit to bail a person charged with an offence he or she may direct that a sum of money equivalent to the amount of bail be accepted in lieu of a surety or sureties and such person shall be released on the lodgment of the said sum of money with—

( a ) the Clerk of the court area in which the order admitting to bail was made, or

( b ) the Governor of the prison wherein the accused is in custody,

as the case may be, unless such person is in custody for a cause other than the offence in respect of which bail is granted.

Provided that before being released such person shall himself or herself enter into a recognisance (Form 18.3 or 18.4 Schedule B as the case may be) in the amount in which it shall have been determined that he or she shall be bound, and the Clerk or Governor receiving such money shall issue a receipt for it and shall complete the certificate of such lodgment on the recognizance.

* Criminal Procedure Act, 1967 [s. 28 (1)].

Criminal Procedure Act, 1967 [s. 29 (1)], as amended.

Criminal Procedure Act, 1967 [s. 28 (2)].

§ Criminal Procedure Act, 1967 [s. 28 (4)].

Criminal Procedure Act, 1967 [s. 26].

7. Any such money received shall be deposited by the Governor receiving it with the Clerk of the court area in which is situate the Court before which such person is to appear.

8. Where the recognisance is conditioned for the appearance of such person before a Court other than a sitting of the District Court the money shall be deposited by the Clerk or Governor receiving it with the appropriate County Registrar or the appropriate officer of the Central Criminal Court or the Special Criminal Court as the case may be.

9. The Clerk or Governor, as the case may be, shall give a receipt for the money lodged to the party entering into the recognisance.

Repayment of deposit

10. Upon the condition or conditions of the recognisance being duly fulfilled, the Judge shall give to the party by whom the said sum of money was lodged a certificate (Form 18.6 Schedule B) that the condition or conditions of the said recognisance have been performed, and the said sum shall thereupon be repaid to such party.

Consent to bail on committal warrant

11. Where the recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount of bail required.

Where person committed to prison without bail — bail may subsequently be granted

12. Where on remand or on sending forward for trial or sentence a person is committed to prison without bail the Judge may, at any time prior to the day of the adjourned hearing or the first day of the sittings of the Court to which such person has been sent forward for trial or sentence, determine that such person be admitted to bail, and may by body warrant (Form 18.7 Schedule B) cause such person to be brought before him or her for the purpose of being so admitted to bail, or by certificate (Form 18.8 Schedule B) signify to the governor of the prison his or her consent to bail, stating the amount of bail required.

Peace Commissioner may admit to bail in prison

13. Where a certificate of consent to bail is granted, a Peace Commissioner at the prison or other place wherein the person is in custody shall, on production of the certificate, admit such person to bail as directed by the certificate, at any time before the day of the adjourned hearing if such person is on remand or before the first day of the sittings of the Court before which such person is to be tried or sentenced if he or she has been sent forward for trial or sentence.

Taking recognisance of sureties unable to attend

14. Whenever it is not convenient for a surety to attend at the prison wherein the person is in custody to join with that person in the recognisance then a Judge or Peace Commissioner having jurisdiction in the place where the proposed surety resides may take the recognisance and shall then cause it to be forwarded to the Clerk of the court area wherein the order committing the person was made. Such Clerk shall transmit the recognisance of the surety to the Governor of the prison wherein the person is in custody and thereupon a Peace Commissioner attending at such prison may (upon production of the recognisance already taken from the surety) take the recognisance of such person and admit him or her to bail.

Governor to release person on completion of recognisance

15. Where a Peace Commissioner at a prison admits to bail a person there in custody, and in respect of whom a certificate of consent to bail has been granted, the Governor shall thereupon release such person unless he or she is in custody for a cause other than the offence in respect of which bail is granted.

Transmitting recognisance to Clerk

16. A recognisance taken by a Peace Commissioner shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear.

Provisions to apply to witness

17. The provisions of this Order shall, with any necessary adaptations, apply to a witness who is granted bail or is remanded in custody with of without consent to bail.

May be taken at any time

18. A recognisance of an accused and of the sureties if any, under this Order may be taken on any day and at any time.

ORDER 19

REMANDS BY THE COURT

Remand by the Court

*1. Where an accused person is before the Court in connection with an offence the Court may remand the accused from time to time as occasion requires. Where the remand is in custody the warrant of committal shall be in accordance with Form 19.1 Schedule B.

Period of remand by the Court

†2. (1) The Court shall not remand a person for a period exceeding eight days, except where this rule otherwise provides.

(2) Where the Court remands a person on bail, it may remand that person for a longer period than eight days if he or she and the prosecutor consent.

(3) Where the Court remands a person in custody (other than on the occasion of such person's first appearance before the Court) it may remand such person for a period exceeding eight days but not exceeding thirty days if he or she and the prosecutor consent.

(4) If the Court is satisfied that any person who has been remanded is unable by reason of illness or accident to appear or to be brought before the Court at the expiration of the period of remand, the Court may, in such person's absence, remand him or her for such further period, which may exceed eight days, as the Court considers reasonable. Where the remand is in custody the warrant of committal shall be in accordance with Form 19.2 Schedule B.

(5) ( a ) Where there is no sitting of the Court on the day to which a person is remanded in custody, such person shall stand so remanded to the sitting of the Court next held in the same district court district, and the Clerk shall forthwith transmit to the Governor of the prison or the person in charge of the remand institution where such person is detained a certificate (Form 19.3 Schedule B) informing him or her of the time, date and place of such next sitting.

( b ) Where there is no sitting of the Court on the day to which a person is remanded on bail, such person shall stand so remanded to the sitting of the Court next held in the same district court area.

Committal to custody of Garda Síochána

‡3. (1) The Court may, where it remands a person in custody for a period not exceeding four days, commit such person (Form 19.4 Schedule B) to the custody of a member of the Garda Síochána.

(2) Outside the Dublin Metropolitan Police District the Court, before so remanding such person shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand.

* Criminal Procedure Act, 1967 [s. 21].

Criminal Procedure Act, 1967 [s. 24].

Criminal Procedure Act, 1967 [s. 25].

Person remanded in custody may be brought before the Court before expiration of period

4. Where a person has been remanded in custody the Judge may, if it is expedient in the interests of fair procedure by warrant (Form 18.7 Schedule B) order such person to be brought before him or her at any time before the expiration of the period for which such person has been so remanded, for the further hearing of the charge.

Persons on bail — hearing may be brought forward

5. Where a person is remanded on bail to appear at a specified time and place, the Judge may at any time order such person to appear before him or her at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge, and the Clerk shall notify the prosecutor and that person accordingly.

ORDER 20

ARREST OF PERSON ABOUT TO ABSCOND

Arrest of person about to abscond

*1. (1) Where a person charged with an offence has been admitted to bail the Court may, if it thinks fit, on the application of the surety or any of the sureties of the accused, or of a member of the Garda Síochána, and upon information (Form 20.1 Schedule B) being made in writing and on oath by or on behalf of such surety or member that the accused is about to abscond for the purpose of evading justice, issue a warrant (Form 20.2 Schedule B) for the arrest of the accused.

(2) When arrested the accused shall be brought before a Judge.

(3) If the accused is brought before a Judge otherwise than at a sitting of the Court for the district in which the order sending him or her forward for trial was made or, if the accused is on remand, of the Court before which he or she was bound by recognisance to appear, the Judge shall remand him or her (Form 20.3 Schedule B) to appear before such sitting as aforesaid and for this purpose the Judge shall have the powers of remand conferred on the Court by Part III of the Criminal Procedure Act, 1967 (No. 12 of 1967).

(4) The Court sitting as aforesaid may commit the accused to prison to await his or her trial or until he or she enters into a fresh recognisance or, if the accused is on remand, further remand him or her (Form 20.4 or 20.5, Schedule B, as the case may be).

* Criminal Procedure Act, 1967 [s. 33].

ORDER 21

ATTENDANCE OF WITNESSES

Attendance of witness may be procured by summons

1. (1) Any party desiring the attendance of any person to give evidence or to produce any accounts, papers, documents or things to the Court, may apply for, and the Judge, Clerk or a Peace Commissioner may issue, a witness summons (Form 21.1 Schedule B) requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein.

Court may order issue of summons

(2) In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Court may issue or direct the issue of the summons or otherwise deal with the matter in such manner as to it shall seem just.

Signing and service of summons

(3) Such summons shall be signed by the Judge, Clerk or Peace Commissioner issuing it, and with it there shall also be issued a copy for service upon each person to whom it is directed, and such copies shall be served at least three clear days before the date fixed for the hearing of the complaint.

Service effective in any part of State

(4) Such summons may be served in any part of the State and upon service being effected, the witness shall be as effectively bound thereby as if he or she resided within the area of jurisdiction for issuing summonses of the Judge, Clerk or Peace Commissioner who issued it.

Failure to attend or evading service—warrant may issue

(5) Where a person to whom such summons is directed fails to attend at the time and place appointed and no just excuse is offered for such failure, then upon proof in the manner provided by these Rules that such summons was duly served upon such person, or upon an information (Form 21.2 Schedule B) being made that such person is evading service and that he or she is able to give evidence in the case, the Judge before whom the complaint is to be heard may issue a warrant (Form 21.3 or 21.4, Schedule B) for his or her arrest.

Warrant may issue instead of summons

(6) Where a Judge is satisfied by Information (Form 21.5 Schedule B) made on oath and in writing that it is probable that a person who is able to give evidence in a case will not attend to give evidence without being compelled to do so, he or she may issue a warrant (Form 21.6 Schedule B) for the arrest of such person.

Procedure on arrest

(7) When arrested, any such person shall be brought forthwith before the said Judge, or before another Judge having jurisdiction in such Judge's district, and the Judge shall remand him or her either in custody or on bail, until the hearing of the said complaint; and if remanded on bail, it may be made a condition of the recognisance that he or she shall bring with him or her and produce at the time and place at which he or she is bound to attend all such accounts, papers, documents or things as aforesaid.

Refusal to give evidence

2. (1) Where a person attends as a witness, either in obedience to a summons or by virtue of a warrant or is present in Court and is required to give evidence, and refuses to be examined upon oath, or refuses to answer lawful questions then put to him or her, or refuses to produce any accounts, papers documents or things (without offering any just excuse for such refusal), the Judge may adjourn the proceedings to the same or any other Court in his or her district for any period not exceeding eight days, and may by warrant (Form 21.7 Schedule B) commit the said witness to prison until the time of such hearing. If such witness, upon being brought up upon such adjourned hearing, again refuses to be sworn, or to testify as aforesaid, or to produce such accounts, papers, documents or things as aforesaid, as the case may be, the Judge may again adjourn the proceedings and commit the witness in like manner, and so again from time to time until he or she consents to be sworn or to testify as aforesaid, or to produce such accounts, papers, documents or things, as the case may be, (provided that no such imprisonment shall in any case of summary or civil jurisdiction exceed one month in the whole). *In proceedings under the Customs Acts such witness shall, in addition, for every such refusal as aforesaid forfeit such sum not exceeding twenty pounds as the Judge shall think fit, and the Judge shall cause a record of any such fine to be made in the minute book or charge sheet as the case may be.

(2) Nothing herein contained shall prevent the Judge from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other evidence received.

* Customs Consolidation Act, 1876 [ch.36 s.228].

ORDER 22

PROCEDURE ON ACCUSED'S FAILURE TO APPEAR

Failure to appear, — on summons or evading service

1. Where a summons is issued requiring the appearance before the Court of a person against whom a complaint has been made or an offence has been alleged and such person fails to appear at the required time and place or at any adjourned hearing of the matter, and it is proved to the Judge there present that such person has been served with the summons, or where at any time either before or after the date on which such person is required by the summons to appear an information, in the Form 22.1, Schedule B, is made that he or she is evading service or is about to abscond or has absconded, the Judge may issue a warrant, in the Form 22.2, Schedule B, for the arrest of such person.

— after release or remand on bail

2. Where—

( a ) a person who has been arrested and charged with an offence is released on bail by recognisance by a member of the Garda Síochána for his or her appearance before a sitting of the Court at a time on a date and at a place specified in the recognisance or

( b ) an accused person is before the Court in connection with an offence and, on being remanded, is admitted to bail by recognisance for his or her appearance before a subsequent sitting of the Court (either in the same or another place),

and that person, having entered into the recognisance, fails to appear at a time on a date and at a place at or on which he or she was bound by the recognisance to appear, the Judge then and there sitting may, on production of the recognisance to him or her, issue a warrant, in the Form 22.3, Schedule B, for the arrest of that person.

— in a case of summary jurisdiction. Court may adjourn and notify deft.

3. Where a summons has been issued under section 11 (2) of the Petty Sessions (Ireland) Act, 1851 or section 1 of the Courts (No. 3) Act, 1986 and served upon the person to whom it is directed by a means of service provided for in section 22 (1) of the Courts Act, 1991 and that person neither appears at the time and place specified in the summons nor at the hearing of the complaint or accusation to which the summons relates, and the Court, considering it undesirable in the interests of justice, because of the gravity of the offence or otherwise, to continue the hearing in the absence of the person, adjourns the hearing pursuant to section 22 (4) of the said Act of 1991 to enable the person to be notified of the adjourned hearing, the Clerk shall, unless the Court otherwise directs, issue and serve or cause to be served upon that person a notice in the Form 22.4, Schedule B. Service shall be effected at least fourteen days prior to the date of the adjourned hearing and in such manner as the Court shall direct. The original notice, with the details of service endorsed thereon, shall be retained by the Clerk and produced to the Court at the adjourned hearing.

— where deft. claims not to have received summons

4. Where, in any case to which rule 3 hereof relates, the Court has proceeded to hear the complaint or accusation to which the summons relates and the defendant, having failed to appear at the said hearing, subsequently claims not to have received the summons or notice of the said hearing, such defendant may make application, as provided for in Order 10, rule 23 of these Rules, to have the proceedings set aside.

ORDER 23

TRIAL OF SUMMARY OFFENCES

Where accused appears and admits complaint

1. Where the accused, personally or by solicitor or counsel appears and admits the truth of the complaint made against him or her, the Court may if it sees no sufficient reason to the contrary, convict or make an order against him or her accordingly, but if the accused does not admit the truth of the complaint, the Court shall, subject to the provisions of rule 2 hereof, proceed to hear and determine such complaint.

Where accused does not appear

2. Subject to the provisions of O.22, r. 3, where the accused is not present and is not represented to answer the complaint and, in the case of a summons it appears to the Court that the summons was duly served, the Court may proceed to deal with the complaint or may issue a warrant for the arrest of the accused.

Where prosecutor does not appear

3. Where the accused (or his or her representative) is present at the required time and place and the prosecutor (or his or her representative) is not present, the Court may strike out, dismiss without prejudice or adjourn the hearing of the complaint.

Penalty, — in fixing means of accused to be considered,

*4. Where the Court imposes a penalty it shall, in fixing the amount of the penalty, take into consideration amongst other things the means of the accused so far as they are known to it at the time.

— Time for payment of,

5. The Court may order that a penalty shall be paid within such period, not less than fourteen clear days, as it shall think fit to fix for the purpose, and if it fixes no period, such penalty shall be paid within the period of fourteen clear days from the date of the order, and on subsequent application by or on behalf of the accused, it may allow such further time for payment as it shall think fit.

— Where no time allowed for payment of

†6. Where the Court is satisfied that the accused is possessed of sufficient means to enable him or her to pay the penalty forthwith, or that the accused has no fixed abode within the jurisdiction, or if the accused, on being asked if he or she desires time for payment, does not express any such desire, or if for any special reason the Court expressly directs that no time shall be allowed for payment, it may order that the penalty shall be paid forthwith, and where no time is allowed the reason therefor shall be stated in the warrant of committal.

— Imprisonment in default of payment of,

7. Where a penalty has been imposed against a person such person shall in default of payment within the time specified (if any) be imprisoned for a term not exceeding the appropriate period specified in the following scale:—

* Criminal Justice Administration Act, 1914 [s. 43 (2)].

Criminal Justice Administration Act, 1914 [s. 1 (1), (4)].

/images/en.si.1997.0093.0001.jpg

And such imprisonment shall be terminated upon payment of the said penalty, or shall be reduced on payment of part of the said penalty in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914 .

Penalties on companies to be recovered by distress

8. Where a penalty is imposed on a company, then in default of payment within the time specified (if any) such penalty shall be levied by distress and sale of the goods of such company or by the taking of the money of the company.

Payment of compensation

*9. Where any sum is awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, it shall be paid as compensation to the person aggrieved; but where the person aggrieved is unknown, such sum shall be applied and accounted for in the same way as any penal sum; and where several persons join in the commission of the same offence, and each is ordered to pay any such compensation, value or amount as aforesaid, not more than the amount of the damage or injury done or the value of the article shall be paid to the person aggrieved, and any further sum forfeited shall be applied and accounted for in the same way as any penal sum.

Appropriation of fines

10. It shall not be necessary for the Court, when imposing a penalty, to make an order relating to the method of disposing of the same in any case where provision is already made by law for the disposal thereof.

Where penalty imposed, Clerk to send notice

11. Where a penalty has been imposed by the Court, the Clerk shall send a notice (Form 23.1 Schedule B) to the accused stating that such penalty has been imposed, the amount thereof and the time within which the same is to be paid. Such notice may be sent by ordinary letter post addressed to the accused at his or her last known or most usual place of abode. The failure of the Clerk to comply with the provisions of this rule, or any omission from or misstatement in the notice shall not in any way prejudice the issue by the Court of any warrant.

Provisions to apply to indictable offences dealt with summarily

12. The provisions of rules 4 to 11 of this Order shall also apply to indictable offences being dealt with summarily.

* Petty Sessions (Ireland) Act, 1851 [s. 22 (7)].

ORDER 24

SUMMARY TRIAL AND PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES

In this Order "the Act" means the Criminal Procedure Act, 1967 (No. 12 of 1967).

Summary trial of indictable offences

*1. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused does not object, the Judge shall inform the accused of his or her right to be tried by a jury, and if the accused (enquiry having been made of him or her by the Judge) does not object to being tried summarily, and if, after hearing such facts as may be alleged in support of the charge, the Judge is of opinion that they constitute a minor offence fit to be so tried, the Judge shall take the accused's plea and try him or her summarily.

Summary disposal on a plea of guilty — D. P. P. consenting

†2. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused pleads guilty and the Director of Public Prosecutions consents, the Judge, on being satisfied that the accused understands the nature of the offence and the facts alleged, may deal with the case summarily if the accused pleads guilty and the Director so consents.

Summary trial with consent of D. P. P

‡3. Where an accused person is before the Court charged with an indictable offence requiring the consent of the Director of Public Prosecutions to summary trial, then, on such consent being conveyed to the Court, the Court shall proceed in accordance with the provisions of rule 1 hereof.

Consent of D. P. P

§4. The consent of the Director of Public Prosecutions under any provision of this Order may be conveyed in writing signed by the Director or orally by a person prosecuting at the suit of or appearing on behalf of the said Director.

Sending forward for sentence on a plea of guilty

5. Where an accused person is before the Court charged with an indictable offence not being an offence under the Treason Act, 1939 , murder, attempt to murder, conspiracy to murder, piracy, genocide or a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962 , including an offence by an accessory before or after the fact nor an offence being dealt with summarily, and the Court is satisfied that the accused person understands the nature of the offence and the facts alleged, then, if the accused signs a plea of guilty (Form 24.1 Schedule B), the Judge may by order (Form 24.2 Schedule B) send him or her forward for sentence with that plea to the court to which, if he or she had pleaded not guilty, the accused could lawfully have been sent forward for trial.

* Criminal Justice Act, 1951 (s. 2 (2) (a), (i), (ii)].

Criminal Procedure Act, 1967 (s. 13 (2), (a)].

‡Criminaf Procedure Act, 1967 (s. 19].

§ Criminal Procedure Act, 1967 (s. 20].

Criminal Procedure Act, 1967 (s. 13 (2) (b)].

Waiver of preliminary examination.

*6. Where the accused waives a preliminary examination and the prosecutor does not require the attendance of a witness, the Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 , by order (Form 24. 3 Schedule B) send the accused forward for trial to the court to which, if he or she had not waived such preliminary examination, the accused could lawfully have been sent forward for trial.

Where witnesses required by prosecutor or accused

†7. Where the prosecutor requires the attendance of a witness pursuant to subsection (2) of section 7 of the Act, the Judge shall conduct a preliminary examination of the charge. Neither the prosecutor nor the accused shall be entitled to require the attendance of a witness or to examine him or her by way of sworn deposition if it appears to the Court that the witness is outside the State and that it is not reasonably practicable to secure his or her attendance for examination under section 7 of the Act.

Child cannot exercise waiver without consent of parent or guardian

‡8. A child or young person (within the meaning of the Children Acts, 1908 to 1989) shall not be permitted to exercise a waiver except with the consent of the parent or guardian having the actual possession and control of him or her. The order sending forward for trial in such cases shall be in accordance with Form 24.4 Schedule B.

Preliminary examination

9. Where an accused person is before the Court charged with an indictable offence not being dealt with in accordance with rules 1, 2, 3, 5 or 6 hereof the Judge shall conduct a preliminary examination of the charge.

Times for service of documents

10. (1) The documents specified in section 6 (1) of the Act shall be in accordance with Forms 24.5 to 24.9 Schedule B and shall be served personally upon the accused at the earliest opportunity, but, save with the leave of the Court, shall not be served later than thirty days after the first appearance of the accused before the Court where the offence is not a scheduled offence or later than thirty days after the accused has elected for trial by jury where the offence is a scheduled offence. In this rule "scheduled offence" has the meaning assigned to it under section 2 of the Criminal Justice Act, 1951 .

Lodgment of documents

(2) Copies of the said documents together with a statutory declaration as to service thereof shall be lodged with the Clerk within eight days of such service and such Clerk shall forthwith transmit the same to the Judge.

Production of exhibits

11. The prosecutor shall produce to the Court all exhibits in relation to the case and the Court may make such order as to the retention or custody of such exhibits as the Court thinks fit.

Inspection of exhibits

§12. The accused shall have the right to inspect all exhibits.

* Criminal Procedure Act, 1967 [s. 12].

Criminal Law (Jurisdiction) Act, 1976 [sec. 18].

Criminal Procedure Act, 1967 [s. 12 (4)].

§ Criminal Procedure Act, 1967 [s. 6 (3)].

Further statements

13. Any further statement served upon the accused pursuant to section 6 (4) of the Act shall be in accordance with Form 24.10 Schedule B.

Deposition

14. A deposition shall be in accordance with one of the Forms 24.11 to 24.14 Schedule B, as the case may be.

Order on preliminary examination

15. Where the Judge is of opinion that there is sufficient case to put the accused on trial for the offence with which he or she has been charged such Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 , by order (Form 24.15 Schedule B) send him or her forward for trial.

Sending forward for trial on indictable offence other than that charged

16. Where, pursuant to section 8 (2) of the Act, the Judge is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he or she shall direct the prosecutor to prepare that charge, which shall be in accordance with Form 24.16 Schedule B. The new charge shall be read to the accused by the Clerk and the Court shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 , by order (Form 24.17 Schedule B) send the accused forward for trial.

Where summary offence only disclosed

17. Where, pursuant to section 8 (4) of the Act, the Judge is of opinion that a summary offence only is disclosed, and the Director of Public Prosecutions consents, he or she shall direct the prosecutor to prepare such summary charge, which shall be in accordance with Form 24.18 Schedule B. The new charge shall be read to the accused by the Clerk and the Judge shall deal with it accordingly.

Witness order

18. An order requiring a witness, a statement of whose evidence has been supplied to the accused or whose deposition has been taken, to attend and give evidence at the trial of the accused and to produce any document or thing specified in the order shall be in accordance with Form 24.19 Schedule B.

Notice of Witness order

19. The prosecutor shall cause a notice to be served upon each person in respect of whom a witness order has been made. Such notice shall be in accordance with Form 24.20 Schedule B and shall be served by a member of the Garda Síochána as provided by Order 10 of these Rules.

Where person unlikely to comply with witness order

20. An application pursuant to section 9 (3) of the Act alleging that a particular person is unlikely to comply with a witness order shall be by information in accordance with Form 24.21 Schedule B.

Summons or warrant to issue

21. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.22 or 24.23 Schedule B as the case may be.

Failure to comply with summons warrant to issue

22. A warrant pursuant to section 9 (3) of the Act for the arrest of a person who fails to attend in answer to a summons issued under rule 21 of this Order shall be in accordance with Form 24.24 Schedule B.

Persons may be bound by recognisance

23. Where the person referred to in rule 20 is before the Court either in obedience to a summons or by virtue of a warrant and enters into a recognisance it shall be in accordance with Form 24.25 Schedule B. A warrant for his or her committal on refusing to enter into such recognisance shall be in accordance with Form 24.26 Schedule B.

Application to take section 14 (1) deposition

24. An application for the taking of a deposition pursuant to section 14 (1) of the Act shall be by information which shall be in accordance with Form 24.27 Schedule B.

Summons or warrant to issue

25. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.28 or 24.29 Schedule B, as the case may be.

Failure to answer summons — warrant to issue

26. A warrant for the arrest of a person who fails to attend in answer to a summons issued under rule 25 shall be in accordance with Form 24.30 Schedule B.

Securing attendance of accused

27. A summons or warrant for securing the attendance of the accused before the Judge shall be in accordance with Form 24.31 or 24.32 Schedule B, as the case may be. Where the accused is in custody the warrant shall be in accordance with Form 24.33 Schedule B.

Failure to attend on summons

28. A warrant for the arrest of an accused who fails to attend in answer to a summons issued under rule 27 shall be in accordance with Form 24.34 Schedule B.

Transmission of deposition by Clerk

29. A deposition taken pursuant to section 14 of the Act by a Judge other than the Judge conducting the preliminary examination shall be transmitted by the Clerk to the Clerk for the court area to which the accused stands remanded.

Sending forward in custody or on bail

30. Where the Court makes an order sending a person forward for trial or sentence, the Court may by warrant (Form 24.35 Schedule B) commit such person to prison to await his or her trial or sentence or release that person conditionally on his or her entering into a recognisance (Form 18.2 or 18.4 Schedule B, as the case may be).

Provisions of O.18 regarding bail to apply

31. The provisions regarding bail, contained in Order 18 of these Rules, in respect of a person charged before the Court with an offence, shall also apply in the case of a person sent forward for trial or sentence with consent to bail.

Transmission of documents to County Registrar

32. Where the Court makes an order sending an accused forward for trial or sentence, the Clerk for the court area where such order was made shall transmit to the appropriate County Registrar within ten days from the making of such order, or forthwith where the trial of the accused is imminent,

( a ) the documents on which the Judge conducted the preliminary examination;

( b ) any deposition or statement taken before any Judge in relation to the charge in respect of which such order was made;

( c ) any exhibit put in evidence and handed in to the Court;

( d ) the order of the Judge sending the accused forward for trial or sentence;

( e ) the witness order made by the Judge;

( f ) any recognisance taken in relation to the case, or money lodged in lieu of surety or sureties;

( g ) a plea of guilty (if any).

Transmission of further document to Co. Registrar

33. Where, after an accused person has been sent forward for trial, a recognisance is entered into by a witness under section 9 (3) of the Act or a deposition is taken under section 14 of the Act, the Clerk shall transmit the recognisance or deposition, as the case may be, to the appropriate County Registrar.

Illness of Judge during taking of depositions

34. Where under Part II of the Criminal Procedure Act, 1967 , a preliminary examination of an indictable offence is being conducted by a particular Judge and, owing to the illness of that Judge or for any other reason, the examination is continued by another Judge, a deposition or statement taken or signed by the former may for the purposes of that Act be treated by the latter as if it had been taken or signed by him or her.

Adjournment of preliminary examination

35. At any stage of the preliminary examination the Judge may adjourn the same to any other day and to any other court or place in his or her district, and may remand the accused either in custody or on bail to appear at such adjourned hearing. In such event the information, depositions and recognisances (if any) already taken shall be forwarded to the Clerk of the court area in which the adjourned examination is to take place.

Transmitting a person to another district

36. (1) Where a person is charged before the Court with an indictable offence and it appears to the Court that evidence (or further evidence) will be available before the Court in some other district, the Court may remand such person either in custody or on bail to appear before the Court in such other district. Where the remand in custody is for a period not exceeding four days the Court may commit such person to the custody of a member of the Garda Síochána. The warrant of committal shall be in accordance with Form 24.36 or 24.37 Schedule B, as the case may be. Where such person is remanded on bail the recognisance shall be in accordance with Form 18.1 or 18.3 Schedule B, as the case may be.

Judge of such other district to receive all documents

(2) When such person appears or is brought before the Court in such other district the Judge shall receive the informations, depositions and recognisances (if any) already taken, and they shall thereupon be deemed to have been taken and treated to all intents as if they had been taken before such Judge, who shall proceed to deal with the case.

Documents to be transmitted to Clerk

(3) All informations, depositions, recognisances or money lodged in lieu of sureties (if any) taken in the matter shall be transmitted by the Clerk of the Court for the court area in which the same shall have been taken to the Clerk of the Court for the court area in which the person is to appear.

ORDER 25

ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS

Warrants of committal sentence of imprisonment

1. Where a person has been sentenced to imprisonment the Court shall issue the warrant of committal (Form 25.1, 25.2, 25.3 or 25.4, Schedule B as the case may be) forthwith, where the imprisonment is to take place immediately; but where the imprisonment is not to take place immediately, the Court may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence.

2. In all cases of summary jurisdiction whenever an order has been made, upon the conviction of any person of an offence,

— in default of payment of penalty

( a ) for the payment of a penal sum and that sum has not been paid, the Court may issue a warrant of committal to imprisonment for the non-payment thereof (Form 25.5 or 25.6, Schedule B, as the case may be) at any time not later than six months from the expiration of the time fixed by the said order for the payment of that sum;

— on the non-performance of a condition

( b ) for the performance of a condition and that condition has not been performed, the Court may, upon the application of the prosecutor, issue a warrant of committal to imprisonment for the non-performance of the condition (Form 25.7, Schedule B) at any time not later than six months from the expiration of the time fixed by the said order for the performance thereof.

— In case of suspended sentence,

3. Where the Court, upon imposing a sentence of imprisonment, conditionally suspends the execution thereof, it may, upon the application of the prosecutor, issue a warrant of committal (Form 25.8, Schedule B) on being satisfied of the failure of the accused to comply with the terms upon which the said sentence was suspended.

Restriction on issue of warrant

4. Where by order the execution of a sentence of imprisonment has been conditionally suspended, no warrant shall be issued, to enforce such sentence, later than six months from the expiration of the time fixed by the said order for the performance of the condition.

— for contempt of Court

5. Where, under section 9 of the Petty Sessions (Ireland) Act, 1851 or, as the case may be, section 6 of the Summary Jurisdiction (Ireland) Amendment Act, 1871 , a Judge by warrant commits a person to prison for any contempt of the Court, such warrant shall be in the Form 25.9, Schedule B.

Compensation etc. — No warrant unless fine is imposed

6. Save where expressly authorised by statute, no warrant of committal shall be issued to enforce payment of any compensation, costs or expenses unless a fine has also been imposed.

Warrants of distress

7. Where an order is made directing that any penalty or other sum of money be levied by distress, the Court may thereupon (if no time is allowed for payment) or after the expiration of the time allowed for payment, issue a warrant (Form 25.10 Schedule B) to levy by distress the said penalty or sum of money if the order has not been complied with.

Warrants where recognisances are entreated

8. Where the Court makes an order entreating a recognisance, the warrant of distress and the warrant to commit to prison in execution of such order shall be in accordance with Form 27.5 and Form 27.7, respectively, in Schedule B, as provided for in Order 27 of these Rules.

Warrant not to issue where notice of appeal lodged

*9. (1) Where an appeal is lodged against an order and a recognisance is entered into and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal is decided or the appellant has failed to perform the condition of the recognisance, as the case may be.

— Where issued, Clerk to secure its return

(2) Where such warrant has been issued but not executed the Clerk shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed that an appeal has been lodged and a recognisance entered into and the Superintendent shall return the warrant to the Clerk for cancellation by the Court.

— Where executed, appellant to be discharged on notice of appeal being given

(3) Where such warrant has been issued and executed before notice of appeal is given or before a recognisance is entered into, the appellant shall, on notice of appeal being given and the recognisance being entered into, forthwith be discharged from custody or from prison. Where such warrant is a warrant of distress such distress shall be returned to the owner.

Order suspended

(4) Save where otherwise provided by statute or by rules of court, the order appealed from shall be entirely suspended until the appeal is decided or the appellant fails to perform the condition of the recognisance, as the case may be. This rule shall not be taken to over-ride any statute expressly authorising or directing the levy of any sum to be made notwithstanding an appeal.

Clerk to make note of issue

10. Whenever a warrant is issued for the purpose of enforcing an order made by the Court, the Clerk shall make a note on the minute book, charge sheet, fines register, as appropriate, of the issue of the warrant and its nature and date.

* Petty Sessions (Ireland) Act, 1851 [s. 23].

ORDER 26

ENDORSEMENT, ADDRESSING, EXECUTION, RE-ISSUE OF WARRANT

Endorsement as to release on bail

1. A Judge, on issuing any warrant of arrest under this Part of these Rules may, if he or she thinks fit, by endorsement on the warrant (Form 26.1 Schedule B), direct that the person named in the warrant be, on arrest, released on his or her entering into a recognisance with or without sureties, for his or her appearance at a sitting of the Court specified in the endorsement, and the endorsement shall fix the amounts in which that person and the sureties (if any) are to be bound.

Addressing of warrants

2. Unless otherwise provided warrants issued under this Part of these Rules shall be addressed for execution to the Superintendent or an Inspector of the Garda Síochána who acts for the place where the warrant is issued; provided that the Court may, if it thinks fit, address any such warrant to any Superintendent or Inspector of the Garda Síochána who acts for any part of the court district in which the warrant is issued.

— Extradition warrants

3. Warrants issued under section 26, 27, or 49 of the Extradition Act, 1965, may be addressed to any member of the Garda Síochána in any part of the State and may be executed by any member of the Garda Síochána in any part of the State subject to the provisions of Order 29, rule 12 of these Rules.

4. Warrants of committal may, in the Dublin Metropolitan District, be addressed to the Governor of the Prison into whose custody the person is being committed.

In cases of emergency

5. Notwithstanding the provisions of rule 2 hereof, in any case which appears to the Court by whom any such warrant is issued, to be a case of emergency, the Court may address such warrant to any member of the Garda Siochana within its district, and such member of the Garda Síochána may execute such warrant at any place within the district in which the Court issuing such warrant has jurisdiction, but the member of the Garda Síochána to whom any such warrant is so addressed shall, if the time will permit, show or deliver the same to the Superintendent or Inspector under whose command the said member is, who shall proceed in respect of the same according to the Acts regulating the Garda Síochána.

Certain Warrants may be issued or executed at any time

6. A warrant of arrest, or a warrant to commit a person sentenced to imprisonment without the option of a fine, or a search warrant, may be issued or executed on any day and at any time.

Execution of warrants

7. (1) Where the person against whom the warrant is issued is found or, in case of distress, any goods of such person are found in any place for which the Superintendent or Inspector to whom the warrant is addressed acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being, or any member of the Garda Síochána appointed by any such Superintendent or Inspector shall execute the warrant.

— in other parts of the State

(2) Where such person or the goods of such person, as the case may be, cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, that Superintendent or Inspector, or any other Superintendent or Inspector acting in his or her stead for the time being, may certify on the warrant (Form 26.2 Schedule B) the place where he or she believes that such person or goods (as the case may be) will be found, and shall forthwith transmit the warrant to the Superintendent of the Garda Síochána who acts for such last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for that last-mentioned place.

(3) The provisions of this rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he or she believes that the said person or goods will be found, if such place may be ascertained by other means than such certificate.

Goods seized to be sold by auction and any surplus to be paid to owned

*8. (1) Where any goods are seized under a warrant of distress the Superintendent or Inspector of the Garda Síochána to whom the warrant is addressed may sell or authorise any sergeant or member of the Garda Síochána to sell by auction the said goods within such period as shall be specially fixed by the warrant, or, if no period shall be so fixed, then within five days from the day on which they were seized, unless the sum to be levied by the warrant, and also the expenses of taking and keeping such goods, shall have been paid before the goods are sold. Where such goods are sold the surplus, if any, after retaining the amount directed to be levied, together with all reasonable expenses actually incurred in auctioning such goods as well as the expense of taking and keeping the same, shall be paid to the owner of the goods. It shall not be necessary for the person conducting the auction to procure a licence to act as an auctioneer.

Where sale does not satisfy amount to be levied

(2) Where the sale of the said goods does not realise a sum sufficient, after payment of the said expenses, to satisfy the amount ordered to be levied by the warrant, the person to whom the warrant is addressed shall certify thereon accordingly and return the warrant with that certificate endorsed thereon to the Court which issued the same.

Payment to stay execution

(3) Where any person against whom any such warrant is issued pays or tenders to the person having the execution of the warrant the sum in such warrant mentioned, or produces the receipt of the Clerk for the same, and also pays the amount of the expenses of any distress up to the time of such payment or tender, the person having the execution of such warrant shall refrain from executing the same.

If payment made after committal, prisoner to be discharged

(4) Where a person who is apprehended under any warrant of committal pays or causes to be paid to the Governor of the prison in which he or she is imprisoned the sum in the warrant mentioned or such reduced sum as may be determined in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914 , the said Governor shall receive the same and shall thereupon discharge such person if he or she be in the governor's custody for no other matter.

* Petty Sessions (Ireland) Act, 1851 [s. 32].

Receipt for prisoner

9. Where a warrant to commit a person to prison is issued, the officer or member of the Garda Síochána or other person whose duty it is to convey such person to prison shall deliver the said warrant and the said prisoner to the Governor of the prison named in the warrant, who shall thereupon give to such officer, member or other person a receipt for such prisoner (Form 26.3 Schedule B) but, if the said prisoner is already in the custody of the Governor, the warrant only shall be delivered, or transmitted by post. The Governor shall, subject to the provisions of section 3 of the Criminal Justice Administration Act, 1914 , detain the said prisoner for such period and in such manner as is stated in the warrant, and in case of adjournment or remand, or the issue of a body warrant, the Governor shall cause the prisoner to be brought before the Court as is specified and at such time and place as is named in the warrant.

Sums to be paid to Clerk

10. (1) Where a warrant to levy a penalty is issued, the member of the Garda Síochana executing such warrant shall pay the sum levied under it to the appropriate Clerk in accordance with the provisions of the Fines Act (Ireland), 1851 .

(2) Where a warrant to levy any sum other than a penalty is issued the member of the Garda Síochána executing such warrant shall pay the sum levied under it to the Clerk of the Court from which the warrant was issued and such Clerk shall pay it to the person entitled to receive it in such manner and subject to such account (if any) as the Court directs.

Return of unexecuted warrants

11. Where a warrant, other than

—a warrant for the arrest of a person charged with an indictable offence,

—a warrant for the arrest of a person who has failed to appear in answer to a summons in respect of an offence,

—a bench warrant for the arrest of a person who has failed to appear in compliance with the terms of a recognisance, or

—a search warrant,

—Court may reissue

is addressed, transmitted or endorsed for execution, to any person and he or she is unable to find the person against whom the warrant has been issued or to discover where that person is or where he or she has goods, such person having the execution of the warrant shall return the warrant to the Court which issued the same (within such time as is fixed by the warrant or within a reasonable time, not exceeding six months where no time is so fixed) with a certificate (Form 26.4, Schedule B) endorsed thereon stating the reason why it has not been executed, and the Court may re-issue the said warrant, after examining any person on oath if the Court thinks fit so to do concerning the non-execution of the warrant, or may issue any other warrant for the same purpose from time to time as shall seem expedient.

ORDER 27

* ESTREATMENT OF RECOGNISANCES

FORFEITURE OF MONEY LODGED

Judge to certify non-performance of condition

1. Where, upon the non-performance of a condition of a recognisance which the Court has power to estreat, it is intended to apply to the Court for an order to estreat the recognisance or for an order to forfeit a sum of money which was lodged in lieu of a surety or sureties by the party entering into the recognisance, the recognisance shall first be produced to a Judge assigned to the court district wherein it is then deposited, who may, upon having such proof as the Judge shall think fit, endorse on the recognisance a certificate in the Form 27.1 Schedule B, and such certificate shall be evidence of the non-performance of any condition of the recognisance certified therein.

Venue for application to estreat or to forfeit

2. An application for an order to estreat such recognisance or to forfeit such sum of money shall be made by a superintendent of the Garda Síochána and may be made at any subsequent sitting of the Court at which the order directing that the recognisance be entered into was made or before which the principal party was bound by the recognisance to appear.

Notice of application — to estreat

3. (1) Such application for an order to estreat shall be preceded by the issue and service of a notice in the Form 27.2 Schedule B upon the principal party or the surety or sureties to the recognisance or upon all or any of them as appropriate notifying them of such application.

— to forfeit money lodged

(2) Such application for an order to forfeit a sum of money lodged in lieu of a surety or sureties shall be preceded by the issue and service of a notice in the Form 27.3 Schedule B upon the party by whom the said sum was lodged.

— Service of notice

(3) A notice issued under this rule shall be served upon each person to whom it is directed in accordance with the provisions of Order 10, rule 3 (1) of these Rules or by ordinary post and shall be served at least seven days before the date fixed for hearing the application.

(4) Where the person upon whom it is proposed to serve a notice issued under this rule has not a fixed address within the State, service of the notice upon that person may be effected in such manner as the Judge shall direct.

(5) Where, however, it is proposed to serve a notice of application for an order to forfeit a sum of money lodged in lieu of a surety or sureties and the Judge is satisfied, upon application made in that behalf, that the person to be served has not a fixed address within the State and that the person's whereabouts are unknown and cannot be ascertained by reasonable enquiries, the Judge may, if considering it proper to do so, by order dispense with service in such case.

* Petty Sessions (Ireland) Act, 1851 .

— Lodgment of notice

(6) When service of a notice issued under this rule has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for the hearing.

Order of the Court

4. The Court, on hearing an application aforementioned and upon production of the recognisance with the certificate aforesaid endorsed thereon and on hearing any further evidence (if any) tendered in support of the application, may,—

— to entreat

( a ) where the application is for an order to estreat a recognisance, make an order in the Form 27.4, Schedule B (which may be by way of an endorsement on the recognisance) to estreat the recognisance in such amount or amounts and against the principal party or the surety or sureties or against all or any of them as the Court thinks fit,

*Provided that a recognisance shall not be entreated against any person who has not been served with the notice of application to entreat; or

— to forfeit money lodged

( b ) where the application is for an order to forfeit a sum of money lodged in lieu of a surety or sureties, make an order in the Form 27.5 Schedule B (which may be by way of an endorsement on the recognisance) directing the forfeiture of the sum of money lodged or any part thereof.

Clerk to send notices

5. (1) Whenever the Court makes an order to entreat a recognisance the Clerk shall send by ordinary post to each person against whom the order was made a notice in the Form 23.1 Schedule B (with any necessary modifications) informing that person of the making of the order, of the amount in which the recognisance has been entreated against that person and of the time (if any) allowed for payment thereof.

(2) Whenever the Court makes an order directing the forfeiture of a sum of money lodged in lieu of a surety or sureties (or part thereof) the Clerk shall, if the whereabouts of the person by whom the sum of money was lodged are known, notify such person of the making of the said order and of the amount of money which was directed to be forfeited. Where such amount is less than the sum of money lodged the balance shall be repayable to such person.

Enforcement of order — by distress

6. (1) Where an order to entreat a recognisance has not been complied with, the Court may, at any time after the expiration of the time allowed for payment or, if no such time was allowed, at any time after the making of the order to entreat, issue a warrant in the Form 27.6 Schedule B to levy the amount due by any person under the order by distress and sale of the goods of such person.

*See the Petty Sessions (Ireland) Act, 1851 (sec. 34).

by committal

*(2) At any time after the issue of such warrant of distress the said superintendent may, having first given at least seven days' notice of the application (in the Form 27.7 Schedule B) to the person against whom the warrant of distress was issued (the respondent) and having lodged the original of that Form with the Clerk, apply to the Court for the issue of a warrant to commit the respondent to prison, and the Court may, if satisfied on hearing the applicant that it was found impossible to execute that warrant of distress, issue a warrant (Form 27.8; Schedule B) to commit the respondent to prison for a term not exceeding the appropriate period specified in the scale set out in Order 23, r.7 of these Rules, and thereupon the applicant shall return the warrant of distress to the Court for cancellation.

In case of peace recognisance — fresh bond may be require

7. Where the Court estreats as against the principal party a recognisance to keep the peace or to be of good behaviour or to keep the peace and to be of good behaviour it may, in addition to entreating the recognisance, order the principal party to enter into a fresh recognisance with or without sureties to perform the obligation of the original recognisance during the period for which it would have remained in force but for the order to estreat.

*See The Fines Act (Ireland), 1851 , [s. 3].

ORDER 28

RECOGNISANCES UNDER THE PROBATION OF OFFENDERS ACT, 1907

1. A recognisance under the Probation of Offenders Act, 1907, shall be in accordance with Form 28.1 Schedule B.

Breach of recognisance

2. Where a person is bound by a recognisance entered into by him or her under the law relating to the Probation of Offenders to appear for conviction or sentence when called on, a Judge on being satisfied by information on oath (Form 28.2 Schedule B) that such person has failed to observe a condition of the recognisance, may issue a warrant (Form 28.3 Schedule B) to arrest such person, or, if he or she thinks fit, instead of issuing a warrant in the first instance may issue a summons (Form 28.4 Schedule B) requiring such person to appear at a court and on a date and at a time specified in the summons, and may also by the said summons, if he or she thinks fit, direct such person's sureties (if any) to appear at the said court.

Procedure on arrest

3. When such person is arrested he or she shall, if not brought forthwith before the court before which he or she is bound by the said recognisance to appear, be brought before a Judge in the district where he or she has been arrested, and such Judge may remand such person in custody or on bail to appear before the court before which he or she is bound by the said recognisance to appear.

4. Where the court before which such person is summoned to appear is not the court before which he or she is bound by the said recognisance to appear, the Judge before whom such person appears in answer to the summons may remand him or her in custody or on bail to appear before such last mentioned court.

5. A Judge shall not remand a person in custody for a period exceeding eight days.

ORDER 29

EXTRADITION

Definition

1. In this Order—

"the Act of 1994" means the Extradition (Amendment) Act, 1994 (No. 6 of 1994);

"judge of the District Court assigned to the Dublin Metropolitan District" means the President of the District Court and any other judge of the District Court assigned to the Dublin Metropolitan District nominated for the purposes of the Principal Act by the President of the District Court;

"the Principal Act" means the Extradition Act, 1965 (No. 17 of 1965);

Part II Warrant of arrest (sec. 26)

2. Where, on production to a judge of the District Court assigned to the Dublin Metropolitan District of a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act (as substituted by section 7 of the Act of 1994) certifying that a request has been made in accordance with Part II of the Principal Act for the extradition of a person, the Judge issues a warrant under section 26 (1) (b) of the Principal Act (as substituted by the said section 7) for the arrest of that person, such warrant shall be in the Form 29.1, Schedule B.

Provisional arrest (sec. 27)

3. (1) An application for the issue of a warrant under section 27 (1) of the Principal Act (as substituted by section 8 of the Act of 1994) for the arrest of a person shall be made by the information on oath and in writing, in the Form 29.2, Schedule B, of a member of the Garda Síochána not below the rank of inspector.

(2) Where, on foot of such information and without a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act, the Judge issues a warrant for the arrest of the person, such warrant (for provisional arrest) shall be in the Form 29.3, Schedule B.

(3) Where a Judge issues a warrant under section 27 (1) of the Principal Act, the Clerk shall forthwith send to the Minister for Justice a notice in the Form 29.4, Schedule B informing the Minister of the issue of the warrant.

(4) Where a person arrested under a warrant issued under the said section 27 (1) is before a Judge of the District Court assigned to the Dublin Metropolitan District and the Judge remands the said person in custody pending the production of a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act, the committal warrant in such case shall be in the Form 29.5, Schedule B.

Committal of person whose extradition is requested (sec. 29)

4. (1) Where a person is before the Court under section 26 or 27 of the Principal Act and the Court makes an order under section 29 (1) of that Act committing that person to a prison or, as the case may be, a remand institution, there to await the order of the Minister for Justice for his or her extradition, such order of the Court shall be in the Form 29.6, Schedule B.

(2) Upon the making of such an order by the Court, the Clerk shall forthwith send to the Minister, under subsection (3) (b) of the said section 29, a certificate of the committal in the Form 29.7, Schedule B.

Consent to surrender

5. The consent to be surrendered given, by a person committed under section 29 of the Principal Act, before a Judge of the District Court assigned to the Dublin Metropolitan District under section 31 of that Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 29.8, Schedule B.

Part III Proceedings before the Court (sec. 47)

6. (1) Where a person named or described in a warrant is before the District Court in pursuance of Part III of the Principal Act, and the Court makes an order under section 47 (1) of that Act (as substituted by section 12 of the Act of 1994) for the delivery of that person into the custody of a member of a police force of the place in which the warrant was issued for conveyance to that place, and remands him or her in custody until so delivered, the order of the Court in such case shall be in the Form 29.9, Schedule B.

(2) If in any such case the Court adjourns the proceedings and remands that person in custody under section 47 (4) of the Principal Act (as substituted by section 12 of the Act of 1994), the committal warrant shall be in the Form 29.10, Schedule B.

Consent to being delivered up (sec. 48)

7. The consent of a person to whom an order under section 47 (1) of the Principal Act relates to be delivered up under the order, given before a Judge of the District Court assigned to the Dublin Metropolitan District under section 48 (1) of the Principal Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 29.11, Schedule B.

Provisional warrant (sec. 49)

8. (1) An application to a Judge of the District Court for the issue of a provisional warrant for the arrest of a person under section 49 (1) of the Principal Act shall be made by the information on oath and in writing, in the Form 29.12, Schedule B, of a member of the Garda Síochána not below the rank of inspector.

(2) When on foot of such information the Judge issues a provisional warrant for the arrest of that person, such warrant shall be in the Form 29.13, Schedule B.

(3) Where a Judge of the District Court assigned to the Dublin Metropolitan District remands a person in custody for not more than seven days under section 49 (6) of the Principal Act (as substituted by section 13 of the Act of 1994) the committal warrant in such case shall be in the Form 29.14, Schedule B.

Form of recognisance (sec. 7A)

9. Where a person arrested under Part II or III of the Principal Act is admitted to bail by order of the High Court under section 7A of that Act (as inserted by section 5 of the Act of 1994) and the order directs that a recognisance be entered into before a Judge of the District Court or before the Governor or Deputy Governor of a prison or a remand institution, such recognisance may be in the Form 29.15, Schedule B, or any modification thereof which may be necessary to comply with the terms and conditions of the said Order of the High Court.

Provisions applicable to warrants

10. (1) Subject to the provisions of paragraphs (2) and (3) of this rule, the provisions of these Rules applicable to warrants in proceedings as to offences shall apply to warrants issued under the Principal Act.

(2) A warrant of arrest issued under section 26, 27 or 49 of the Principal Act may be addressed to any member of the Garda Síochána in any part of the State.

(3) A warrant to which paragraph (2) hereof relates may be executed by any member of the Garda Síochána in any part of the State, and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within twenty-four hours thereafter.

Evidence by affidavit

11. In any proceedings brought before the Court under the Extradition Acts, 1965 to 1994 (other than an application for the issue of a warrant of arrest) the Court may at any time, for such reasons as it thinks fit and on such conditions as it thinks reasonable, permit the evidence of any witness to be given by affidavit and permit the affidavit of such witness to be read at the hearing. The Court shall not, however, grant such permission when it appears that any party to the proceedings bona fide requires the production of the witness for cross-examination and that such witness can be produced.

ORDER 30

COMMUNITY SERVICE

Definitions

1. In this Order—

"the Act" means the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983);

"district of residence" has the meaning assigned to it by section 6 of the Act;

"offender" has the meaning assigned to it by section 2 of the Act;

"relevant officer" means a probation and welfare officer discharging functions under the Act.

Community service order

2. A community service order made by the Court under section 3 of the Act shall be in the Form 30.1 Schedule B.

Applications by a relevant officer

3. (1) Complaint by a relevant officer of an offence under section 7 (4) of the Act shall be brought before the Court by issuing and serving upon the offender a summons in the Form 30.2 Schedule B.

(2) An application under section 9, 10 (1) or 11 (1) of the Act, when made by a relevant officer, shall be brought before the Court by issuing and serving upon the offender a summons in the Form 30.3 Schedule B.

(3) A summons issued under this rule shall be served upon the offender by a member of the Garda Síochána at least seven days before the date fixed for the hearing of the summons.

Applications by an offender

4. (1) An application under section 9, 10 (1) or 11 (1) of the Act, when made by an offender, shall be brought before the Court by issuing and serving upon the relevant officer a notice of application in the Form 30.4 Schedule B.

(2) Such notice shall be served by giving, or sending by ordinary prepaid post, to the relevant officer a copy thereof at least seven days before the date fixed for the hearing of the application.

Lodgment with the Clerk

5. The original of every summons and every notice of application served under this Order shall be lodged with the Clerk at least four days before the date fixed for the hearing thereof.

Order on change of residence by offender

6. An order of the Court under section 10 (1) of the Act shall be in the Form 30.5 Schedule B.

Clerk to send copies of orders

7. (1) Where the Court makes a community service order and the Judge so making is not the Judge assigned to the district of residence, the Clerk shall forthwith send a certified copy of the order by ordinary post to the latter Judge.

(2) Where the Court makes, or amends under section 10 (1) of the Act, a community service order, the Clerk shall forthwith give, or send by ordinary post, two certified copies of the order or of the order as so amended, to the relevant officer specified therein.

Warrant of execution under section 8 (1) (a)

8. Where the Court orders, pursuant to section 8 (1) (a) of the Act, that the offender be imprisoned or detained the warrant shall be in the Form 30.6 Schedule B.

ORDER 31

PROCEEDINGS UNDER

— CRIMINAL JUSTICE ACT, 1984

— CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

Definitions

1. In this Order—

"the Act of 1984" means the Criminal Justice Act, 1984 (No. 22 of 1984);

"the Act of 1990" means the Criminal Justice (Forensic Evidence) Act, 1990 (No. 34 of 1990).

Application for preservation of photograph or print

2. (1) An application under section 8 (7) of the Act of 1984 for an order for the preservation of a photograph or a print shall be brought before the Court by the issue and service of a notice in the Form 31.1, Schedule B.

(2) Such notice shall be served upon the person who had been detained at least seven days before the date fixed for hearing the application, and shall be served by a member of the Garda Síochána in accordance with the relevant provisions of Order 10 of these Rules.

(3) When service has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Order of the Court

3. The order of the Court granting the application shall be in the Form 31.2, Schedule B.

Application for order to arrest

4. An application under section 10 of the Act of 1984 for an Order to arrest shall be made by the information on oath and in writing, in the Form 31.3, Schedule B, of a member of the Garda Síochána not below the rank of superintendent.

Order to arrest

5. The order of the Court granting the application shall be in the Form 31.4, Schedule B.

Application for retention of records and samples

6. (1) An application under paragraph (5) of section 4 of the Act of 1990 for an order for the retention of records and samples to which that section applies may be brought before the Court by the issue and service of a notice in the Form 31.5, Schedule B.

(2) Such notice shall be served upon the respondent, i.e. the person from whom the sample was taken or, as the case may be, the Director of Public Prosecutions, at least seven days before the date fixed for hearing the application.

(3) Where the application is being made by or on behalf of the Director of Public Prosecutions service of the notice shall be effected by a member of the Garda Síochána in accordance with the relevant provisions of Order 10 of these Rules. In all other cases service may be effected in accordance with the provisions of that Order or, in case of urgency, by ordinary post.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Order of the Court

7. The order of the Court granting the application shall be in the Form 31.6, Schedule B.

ORDER 31A

PROCEEDINGS UNDER THE POLICE (PROPERTY) ACT, 1897

Definition

1. In this Order—

"the Act" means the Police (Property) Act, 1897 (60 and 61 Vict. c.30).

Application for order for disposal of property

2. (1) An application pursuant to section 1 of the Act for an order for the disposal of property which has come into the possession of the Garda Síochána may be made at any sitting of the Court for the court district wherein the property is located or wherein the claimant of the property resides at the time of the application.

(2) Such application shall be preceded by the issue and service of a notice in the Form 31A.1, Schedule B, and

( a ) where the applicant is a member of the Garda Síochána, the notice shall be served upon each known claimant of the property by a member of the Garda Síochána in accordance with the relevant provisions of Order 10 of these Rules;

( b ) where the applicant is a claimant of the property and such property has come into the possession of the Garda Síochána in connection with a criminal charge, the notice shall be served upon the member of the Garda Síochána who prosecuted that charge or, if such member cannot be ascertained, and in all other cases where the applicant is a claimant of the property, the notice shall be served upon the superintendent of the Garda Síochána for the district wherein the property is located. Service under this sub-paragraph may be effected either by registered prepaid post or by giving to, or leaving at the Garda Síochána station for, such member or superintendent a copy of the notice. Such claimant shall also serve the notice by registered prepaid post upon any other known claimant of the property.

(3) Where service is being effected by registered prepaid post the notice shall be served at least twenty-one days prior to the date fixed for hearing the application. In all other cases the notice shall be served at least seven days prior to that date.

(4) In all cases, when service has been effected the original notice, together with statutory declaration as to the service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the date of hearing.

(5) Where, in an application to which this Order relates, the applicant member of the Garda Síochána cannot ascertain either the owner or any claimant of the property, such application may be made ex parte upon prior lodgment of the notice with the Clerk.

Order of the Court

3. The order of the Court granting the application shall be in the Form 31A.2, Schedule B.

ORDER 32

MISUSE OF DRUGS

Definitions

1. In this Order—

"the Act" means the Misuse of Drugs Act, 1977 (No. 12 of 1977) as amended by the Misuse of Drugs Act, 1984 ) (No. 18 of 1984);

"offender" means a person convicted of an offence to which section 28 (1) of the Act applies.

Search Warrant

2. (1) An application under section 26 of the Act for a search warrant shall be made by the sworn information (in the Form 32.1 Schedule B) of a member of the Garda Síochána. Such information may be sworn before a Judge of the District Court in whose district the relevant premises or land is situate, or before a Peace Commissioner acting for that district.

(2) A search warrant issued under that section shall be in the Form 32. 2 Schedule B.

Recognisance

3. Where the Court, having convicted a person of an offence to which section 28 (1) of the Act applies, permits the offender to enter into a recognisance under section 28 (2) (a) of the Act, such recognisance shall be in the Form 32.3 Schedule B.

Breach of recognisance

4. (1) An allegation under section 28 (5) of the Act that an offender has been in breach of a recognisance shall be made by information in the Form 32.4 Schedule B which may be sworn at any sitting of the Court for the court area wherein the recognisance is deposited.

(2) Having considered such information, the Court may, by issuing a warrant in the Form 32.5 Schedule B, direct that the offender be brought before the Court or, if it thinks fit, instead of issuing a warrant in the first instance, may issue a summons in the Form 32.6, Schedule B commanding his or her appearance at a specified sitting of the Court to answer the complaint in the information. The Court may also, if it thinks fit, by the same form of summons (with suitable modifications), command the offender's surety or sureties, if any, to appear at the said sitting.

(3) When an offender is arrested pursuant to a warrant issued under this rule he or she may, if not brought forthwith before a sitting of the Court for the district in which the warrant was issued, be brought before a sitting of the Court for the district wherein the offender was arrested and he or she may then be remanded in custody or on bail to appear before a sitting of the Court for the first-mentioned district, provided that any such offender shall not be remanded in custody for a period exceeding eight days.

Application to bring offender before Court for inquiry under section 28 (7)

5. (1) An application under section 28 (6) of the Act to have an offender brought before the Court may be made ex parte at any sitting of the Court for the district wherein the order under section 28 (2) of the Act was made, on giving prior notice in the Form 32.7, Schedule B, to the Clerk.

(2) Where the Court grants the application, or on receipt of a message mentioned in section 28 (6) of the Act, the Court shall fix a date, time and place for hearing an inquiry into the case by the Court under section 28 (7) of the Act and, by warrant in the Form 32.8 Schedule B, order the person in charge of the custodial treatment centre wherein the offender is detained to have the offender brought before the Court for the said hearing.

(3) The applicant for the order shall then give or send a notification in the Form 32.9, Schedule B to the prosecutor, the offender, the person in charge of the said centre, as appropriate, and shall lodge a copy thereof with the Clerk.

Forfeiture order

6. A forfeiture order granted by the Court under section 30 of the Act shall be in the Form 32.10 Schedule B.

ORDER 33

COMPENSATION ORDERS

Interpretation

1. In this Order—

"the Act" means the Criminal Justice Act, 1993 (No. 6 of 1993);

"compensation order" has the meaning assigned to it by section 6 of the Act;

references to a convicted person include, in cases to which section 99 of the Children Act, 1908 applies, references to that person's parent or guardian;

references to a conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907 .

Compensation order — form of

2. (1) Where, on conviction of a person of an offence, the Court makes a compensation order under section 6 (1) of the Act ordering that person or, as the case may be, that person's parent or guardian, to pay compensation in respect of personal injury or loss to an injured party, such compensation order shall be in the Form 33.1, 33.2, 33.3 or 33.4, Schedule B, as appropriate.

— service of

(2) The Clerk shall give, or send by prepaid registered post, to the convicted person {or, as the case may be, that person's parent or guardian) and to the injured party a certified copy of the said order and shall retain the original order and the certificates of posting in his or her custody.

— suspension of operation of

(3) The operation of a compensation order shall, in accordance with the provisions of section 8 (1) of the Act, be suspended—

( a ) in any case, until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence) has expired, that is to say, until the expiration of fourteen days from the date of conviction or sentence, and

( b ) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired.

(4) Where notice of an appeal against a compensation order made by the District Court is duly given, the operation of the order shall be suspended in accordance with the provisions of section 8 (1) (b) of the Act.

— when not to take effect

(5) In a case where the operation of a compensation order is suspended under the said section 8 (1) (b), the order shall not take effect if the conviction concerned is reversed on appeal.

(6) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his or her sentence, the order shall cease to have effect if that person successfully appeals against his or her conviction of the offence, or, if more than one, all the offences of which that person was convicted in the proceedings in which the order was made.

Application by convicted person under sec. 6 (8) (a) — venue for

3. (1) An application under section 6 (8) (a) of the Act by a convicted person against whom a compensation order has been made for an order reducing the amount remaining to be paid, varying any instalment payable, or directing that no payments or further payments be made under the order, may be made at any sitting of the Court for the court district wherein the compensation order was made.

— service and lodgment of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 33.5 or 33.6, Schedule B, as appropriate, upon the injured party by prepaid registered post at least twenty-one days prior to the date fixed for hearing the application. When service has been effected, the original notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least seven days prior to the said date for hearing.

Order of the Court

(3) The order of the Court on hearing the application shall be in the Form 33.7 or 33.8, Schedule B, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said order.

Application by injured party under sec. 6 (8) (b) — venue for

4. (1) An application under section 6 (8) (b) of the Act by an injured party for an order increasing the amount to be paid, the amount of any instalment or the number of instalments payable, under a compensation order may be made at any sitting of the Court for the court district wherein the compensation order was made.

— service and lodgment of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 33.9 or 33.10, Schedule B, as appropriate, upon the convicted person (or, as the case may be, that person's parent or guardian) by prepaid registered post at least twenty-one days prior to the date fixed for hearing the application. When service has been effected, the original notice together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days prior to the said date for hearing.

Order of the Court

(3) The order of the Court on hearing the application shall be in the Form 33.11 or 33.12, Schedule B, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said Order.

Clerk to — register the order, notify convicted person of where and when payments may be made

5. (1) Whenever a compensation order or an order under section 6 (8) of the Act is made by the District Court, or whenever notification of the making of such an order by another court is received by the District Court clerk specified in the order, such clerk shall register particulars of the order and shall notify by prepaid ordinary post the convicted person concerned (or, as the case may be, that person's parent or guardian) of the hours and days during which, and the place at which, payments under the order may be made.

— give receipt for and transmit payments

(2) Such clerk shall give a receipt for every payment made to him or her under the order and shall transmit the payments to the injured party concerned.

Enforcement of Orders

6. Where, for the purpose of securing compliance with a compensation order or an order under section 6 (8) of the Act, application is made to the Court

— for an attachment of earnings order, or

— under section 8 of the Enforcement of Court Orders Act, 1940 ,

the relevant provisions of Order 56 (relating to attachment of earnings) and Order 57 (relating to proceedings under the said section 8) of these Rules shall, with any necessary modifications, apply, and the relevant forms prescribed therein, suitably adapted, may be used.

In every such case, references in those orders and forms

—to the maintenance creditor shall be construed as references to the injured party, and

—to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908 applies, to that person's parent or guardian.

Form of court order under sec. 9 (ii)

7. Where the amount paid under a compensation order exceeds the damages as assessed by the Court in civil proceedings brought in respect of the injury or loss concerned and the Court makes an order in those proceedings in accordance with the provisions of paragraph (ii) of section 9 of the Act that the amount of the excess be repaid to the person against whom the compensation order was made, the order of the Court in such case shall be in the Form 33.13, Schedule B.

ORDER 34

MISCELLANEOUS SEARCH WARRANTS

Warrant — under the Larceny Act, 1916 (6 & 7 Geo. 5 C.H. 50)

Application for, — venue

1. (1) An application by a member of the Garda Síochána to a Judge of the District Court for the grant of a warrant pursuant to section 42 (1) of the Larceny Act, 1916 may be made at any sitting of the Court for the court district wherein the property is located.

— by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34. 1, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

Form of warrant

(3) A warrant to search for and seize the property, which is granted on foot of such information, shall be in the Form 34.2, Schedule B.

— under the National Monuments (Amendment) Act, 1987

No. 17 of 1987

Application for, — venue

2. (1) An application for the issue of a search warrant pursuant to section 22 of the National Monuments (Amendment) Act, 1987 in relation to a place described in that section may be made at any sitting of the Court for the court district wherein such place is located.

— by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.3, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

Form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 34.4, Schedule B.

— under the Prohibition of Incitement to Hatred Act, 1989

(No. 19 of 1989)

Application for, — venue

3. (1) An Application to a Judge of the District Court for the issue of a warrant pursuant to section 9 of the Prohibition of Incitement to Hatred Act, 1989 may, subject to the provisions of section 9 (3) of that Act, be made at any sitting of the Court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

— by sworn informmation

(2) Such application shall be by the information on oath and in writing in the Form 34.5 or 34.6, Schedule B, as appropriate, of a member of the Garda Síochána not below the rank of sergeant.

Forms of warrant

(3) A warrant issued on foot of such information shall be in the Form Forms of warrant 34.7 or 34.8 Schedule B, as appropriate.

Warrant — under the Video Recordings Act, 1989 (No. 22 of 1989)

Application for, — venue

4. (1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 25 of the Video Recordings Act, 1989 may be made at any sitting of the Court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

— by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.9, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued on foot of such information shall be in the Form 34.10, Schedule B.

— under the Firearms and Offensive Weapons Act, 1990

(No. 12 of 1990)

Application for, — venue

5. (1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 15 of the Firearms and Offensive Weapons Act, 1990 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

— by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.11, Schedule B, of the member of the Garda Síochana seeking the issue of the warrant.

Form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 34.12, Schedule B.

— under the Broadcasting Act, 1990 (No. 24 of 1990)

Application for, — venue

6. (1) An application for the grant of a search warrant pursuant to section 14 of the Broadcasting Act, 1990 may be made at any sitting of the Court for the court district wherein the place in respect of which the warrant is sought is situated.

— by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.13, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

Form of warrant

(3) A warrant granted to the applicant on foot of such information shall be in the Form 34.14, Schedule B.

— under the Companies Act, 1990 (No. 33 of 1990)

Application for, — venue

7. (1) An application for the issue of a warrant pursuant to section 20 (1) of the Companies Act, 1990 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

— by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34. 15, Schedule B, laid by an officer authorised by the Minister for Industry and Commerce or laid under the authority of the said Minister.

Form of warrant

(3) A warrant issued to a member of the Garda Síochana on foot of such information shall be in the Form 34.16, Schedule B, and shall continue in force until the end of the period of one month after the date on which it is issued.

— under the Criminal Damage Act, 1991 (No. 31 of 1991)

Application for,

8. (1) An application by a member of the Garda Síochána for a search warrant under section 13 of the Criminal Damage Act, 1991 shall be by information on oath and in writing in the Form 34.17, Schedule B and may be made to the Judge of the District Court for the court district wherein the premises in respect of which the warrant is sought are situated.

Form of warrant

(2) A search warrant issued under section 13 (2) of that Act by the Judge on foot of such information shall be in the Form 34.18, Schedule B or, where the property concerned is data or where the warrant is issued on a ground referred to in section 13 (1) (c) of the Act, Form 34.19, Schedule B.

— under the Criminal Law (Sexual Offences) Act, 1993 (No. 20 of 1993)

Application for,

9. (1) Where the issue of a warrant pursuant to Section 10 (2) of the Criminal Law (Sexual Offences) Act, 1993 to search a premises and arrest a person is sought, application therefor may be made at any sitting of the Court for the court district wherein the premises are situated.

— by sworn information

(2) Such application shall be by the information on oath and in writing, in the Form 34.20, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued by a Judge to a member of the Garda Síochána on foot of such information shall be in the Form 34.21 Schedule B.

— under the Criminal Law Amendment Act, 1935 (No. 6 of 1935)

Application for,

10. (1) Where the issue of a search warrant pursuant to section 19 of the Criminal Law Amendment Act, 1935 in respect of premises suspected to be a brothel is sought, application therefor may be made at any sitting of the Court for the district court area wherein the premises concerned are situated.

— by sworn information

(2) Such application shall be by the information on oath and in writing, in the Form 34.22, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of Warrant

(3) A search warrant issued by a Judge of the District Court on foot of such information shall be in the Form 34.23, Schedule B.

ORDER 35

CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS

1. (1) Where, pursuant to section 14 of the Courts Act, 1971 , a copy of an order made in any case of summary jurisdiction is required, the order shall be drawn up by the Clerk for the court area wherein the order was made and shall be signed by a Judge. The Clerk shall retain such order in his or her custody.

(2) Any person having a bona fide interest in the matter may, upon payment of the prescribed fee (if any), obtain from the Clerk a copy of the order (in the Form 35.1, 35.2, 35.3 or 35.4, Schedule B, as appropriate) certified by the Clerk in accordance with the provisions of rule 4 of this Order.

2. Any party in any proceedings may, upon payment of the prescribed fee (if any), obtain from the Clerk a copy of any information, written complaint or deposition which is in his or her custody and was made or taken in any case in his or her court area, and of any order which is in that Clerk's custody and was made by a Judge in the preliminary examination of any indictable offence in the said court area.

3. Where a Judge is satisfied that a copy of any order or other document is reasonably required by any person for the purpose of any legal proceedings, such Judge may direct the Clerk to furnish a copy of such order or other document to such person upon payment by such person of the prescribed fee (if any).

4. A copy of an order or other document furnished under this Order shall be certified by the Clerk to be a true copy of the original order or document as the case may be, which is in his or her custody.

ORDER 36

COSTS AND WITNESSES' EXPENSES

Costs in summary cases

1. Where the Court makes an order in any case of summary jurisdiction (including an order to "strike out" for want of jurisdiction) it shall have power to order any party to the proceedings other than the Director of Public Prosecutions, or a member of the Garda Síochána acting in discharge of his or her duties as a police officer, to pay to the other party such costs and witnesses' expenses as it shall think fit to award.

Costs of adjournment

2. On the adjournment of any proceedings the Court may order that a party shall pay any costs and witnesses' expenses incurred on such adjournment independently of any order otherwise made in the case.

Expenses, manner payable

3. Any witnesses' expenses ordered to be paid shall be payable in such manner and to such person as the Court shall direct.

Enforcement of order

4. Where there is no provision in these Rules for the enforcement of an order awarding costs or witnesses' expenses, such costs or expenses may be recovered by warrant of distress.

ORDER 37

PROCEEDINGS INVOLVING CHILDREN OR YOUNG PERSONS

1. Forms Nos. 37.1 to 37.18, Schedule B, and the recitals A to S immediately following those forms in the said schedule shall be the forms and recitals to be used in proceedings under the Children Acts, 1908 to 1989.

2. Subject to rule 1 hereof, the provisions of the Summary Jurisdiction Rules, 1909 (S. R. and O. 952) dated July 31, 1909, made under section 133 (7) of the Children Act, 1908 shall, with any necessary modifications, apply to proceedings under the Children Acts, 1908 to 1989.

3. The procedure to be followed and the forms to be used in any application in relation to a compensation order made under the Criminal Justice Act, 1993 which involves a child or young person are prescribed in Order 33 of these Rules.

ORDER 38

MISCELLANEOUS MATTERS

Power of Court in cases of variance, defects, omissions, no offence disclosed or no appearance

Variance between evidence and complaint

1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

Defects

(2) Subject to the provisions of paragraph (3) hereof, no objection shall be taken or allowed on the ground of a defect in substance or in form or an omission in the summons, warrant or other document by which the proceedings were originated, or of any variance between any such document and the evidence adduced on the part of the prosecutor at the hearing of the case in summary proceedings or at the examination of the witnesses during the preliminary examination of an indictable offence, but the Court may amend any such summons, warrant or other document, or proceed in the matter as though no such defect, omission or variance had existed.

Court's discretion

(3) Provided, however, that if in the opinion of the Court the variance, defect or omission is one which had misled or prejudiced the accused or which might affect the merits of the case, it may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as the Court thinks fit; or if it makes such amendment, it may upon such terms as it thinks fit adjourn the proceedings to any future day at the same or at any other place.

No offence disclosed or no appearance

(4) Where the Court is of opinion that the complaint before it discloses no offence at law, or if neither prosecutor nor accused appears, it may if it thinks fit strike out the complaint with or without awarding costs.

Order to inspect and copy entries in Banker's Books

Application for, — venue

2. (1) An application by a party to proceedings before the Court for an order under section 7 of the Bankers' Books Evidence Act, 1879 (42 & 43 Vict. CH. 11) authorising that party to inspect and take copies of entries in a banker's books for any purposes of such proceedings may be made at any sitting of the Court for the Court district wherein the proceedings have been brought.

— notice of

(2) Such application shall be preceded by the issue of a notice in the Form 38.1, Schedule B, which shall be lodged with the Clerk prior to the making of the application.

Order of the Court.

(3) The order of the Court granting the application shall be in the Form 38.2, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant bank three clear days before the order is to be obeyed.Service may be effected be delivering a copy of the order to the office of the bank wherein the relevant records are kept.

Notice to Coroner of result of proceedings

3. At the conclusion of criminal proceedings in the District Court in relation to the death of a person the Clerk shall, pursuant to section 25 (3) of the Coroners Act, 1962 (No. 9 of 1962), inform (in the Form 38.3, Schedule B) the coroner holding an inquest in relation to the death of the result of the proceedings.

PART III

CIVIL PROCEEDINGS

ORDER 39

COMMENCEMENT OF PROCEEDINGS

Venue

1. Save where otherwise provided by statute or by Rules of Court and subject to order 62 of these Rules and the Conventions to which it relates, civil proceedings in the District Court shall be brought, heard and determined at sittings of the Court for the transaction of civil business for the district court area—

( a ) wherein the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation, or

at the election of the plaintiff

( b ) in proceedings founded on contract, (except proceedings arising from an agreement under the Consumer Credit Act, 1995 ) wherein the contract is alleged to have been made, or

( c ) in proceedings founded on tort, wherein the tort is alleged to have been committed, or

( d ) in ejectment proceedings, wherein the lands the subject of such proceedings are situate.

Issue of civil summons

2. Civil proceedings in the Court shall, unless otherwise provided by statute or by Rules of Court, be instituted by the issue for service upon each defendant named therein of a civil summons in one of the Forms Nos. 39.1 to 39.9, Schedule C, as appropriate.

Description of parties

3. Subject to the provisions of rule 9 hereof, a civil summons, a decree and a dismiss shall state—

( a ) the surname, first name, the residence or place of business and the occupation of the plaintiff, and

( b ) the surname, first name (if known), the residence or place of business and the occupation of each defendant and, if a defendant is sued in a representative capacity, the capacity in which he or she is sued.

It shall be sufficient to describe corporate bodies by the proper and respective titles in which they are entitled to sue or be sued without inserting any description or place of residence or place of business.

Where the Attorney General or any Minister of the Government or any Minister of State shall be a party to any proceedings on behalf of the State it shall not be necessary to set forth his or her description or residence or place of business.

Contents of civil summons

4. — the claim

(1) Subject to the provisions of Order 40 of these Rules, a civil summons shall set out concisely the nature of the plaintiff's claim and the grounds therefor.

— the 10-day costs

(2) A civil summons shall show on its face the appropriate costs as set out in the schedule of costs for the time being in force and payable if the plaintiff's claim is paid within ten days after the date of the service of the civil summons upon the defendant.

— return date

(3) There shall be specified in every civil summons issued for service the place, date and time of sitting of the Court to which such summons has been made returnable.

— defence

(4) A civil summons shall contain two detachable notices of intention to defend and such summons shall set out—

( a ) the steps to be taken by a defendant who disputes the claim and wishes to defend the proceedings,

( b ) the fact that if the defendant pays the amount claimed and costs within ten days after the date of the service of the civil summons, all further proceedings will be stayed,

( c ) the steps to be taken by a defendant who admits the claim and desires further time for payment,

and, in appropriate cases,

( d ) the consequences which may follow if the defendant fails to act in accordance with provision (a), (b) or (c) hereof.

— signature and date of issue

(5) A civil summons being issued for service shall be dated and signed by the plaintiff in person or by his or her solicitor or firm of solicitors or by some person duly authorised in that behalf by such solicitor or firm of solicitors.

— stamping

(6) A civil summons shall, before being issued for service, be stamped as prescribed by law and if it is not so stamped the service thereof shall have no effect or validity.

When issued

5. A civil summons shall be deemed to be issued for service when it has been completed, signed, stamped and given or posted to a summons-server or other authorised person together with a copy or copies thereof for service or when a copy thereof has been sent by post to each defendant named therein.

Service and lodgment

6. (1) A civil summons being issued for service under this Order shall be served upon each defendant named therein in a manner prescribed in Order 10 of these Rules at least fourteen days or, where service is being effected by registered post, at least twenty-one days, prior to the date of sitting of the Court to which such summons has been made returnable.

(2) When service has been effected the original of every such civil summons, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least four days prior to the return date.

Regulation of Court business

7. Where at any time and from time to time, because of the volume of civil business coming before the Court, a Judge considers it necessary so to do in order to ease the pressure of business, such Judge may limit the number of civil summonses (either ordinary or summary judgment or both) returnable to any sitting or sittings of the Court, and while such limitation continues in force every civil summons of a kind to which the limitation applies shall, before being issued for service, be lodged with the Clerk for the insertion of a return date thereon and, where appropriate, for the allocation of a court record number.

Payment in certain cases to stay proceedings

8. If a defendant, before the entry of the civil summons, pays to the plaintiff or to his or her solicitor the amount sued for and the appropriate (ten day) costs as shown on the face of the civil summons or if the defendant so pays the said amount and costs within ten days after the date of service of the civil summons upon the defendant although that summons may have already been entered, all further proceedings in the matter shall be stayed.

Partners

9. (1) Two or more persons claiming or being liable as partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were partners at the time the cause of action accrued, and any party to an action may in such case apply by notice of motion to the Court for an order directing the persons who appear to be partners or the persons carrying on the business to furnish the names, descriptions and places of residence of the persons who were, at the time of the accrual of the cause of action, partners in any such firm in such manner and verified on oath or otherwise as the Court may direct.

Disclosure of names of claimant partners

(2) When a civil summons is issued by partners in the name of their firm the plaintiffs or their solicitors shall, on demand in writing made by or on behalf of any defendant, forthwith declare in writing the names, descriptions and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitors shall fail to comply with such demand all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Court may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the civil summons, but all proceedings shall nevertheless continue in the name of the firm.

Suing by trade name

(3) Any person carrying on business within the jurisdiction in a name or style other than his or her own name which is not registered pursuant to the provisions of the Registration of Business Names Act, 1963 , may be sued in such name or style; and the plaintiff in such case may apply by notice of motion to the Court for an order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified on oath or otherwise as the Court may direct.

One person as a party on behalf of several

10. Where several persons have the same interest in one action or matter, one or more of such persons may sue or be sued or may be authorised by the Court to defend such action or matter on behalf of or for the benefit of all persons so interested.

Actions by or against minors or others under disability

11. Procedures in relation to, and certain forms for use in, actions brought by or against minors or other persons under disability are prescribed in Order 7 of these Rules.

No cause of action to be split or divided

12. No cause of action in the whole amounting to a sum beyond such sum as may be recoverable in the Court shall be split or divided so as to be made the ground of two or more different proceedings in order to bring such cases within the jurisdiction of the Court, and if the Court shall find that the plaintiff in such cases shall have split a cause of action as aforesaid it shall dismiss every such proceeding with costs, without prejudice, however, to the plaintiff's right to sue upon such cause of action in any other court and in such manner as he or she may lawfully do. Where a plaintiff shall be satisfied to recover such sum as is within the jurisdiction of the Court and shall state upon the face of the civil summons that he or she abandons all claim to any larger amount, the Court may, if such plaintiff shall satisfactorily prove the claim, make a decree for the said sum which is within its jurisdiction, and the same shall be in full discharge of the whole amount claimed in the civil summons.

Definitions

13. In this Order—

"the Act of 1924" means the Courts of Justice Act, 1924 (No. 10 of 1924);

"the Act of 1991" means the Courts Act, 1991 (No. 20 of 1991).

Consent proceedings

14. (1) Where proceedings of the kind mentioned in paragraph A of section 77 of the Act of 1924 are brought before the District Court and the amount claimed in such proceedings is in excess of £5,000 and, pursuant to the proviso (inserted by section 4 (c) of the Act of 1991) at the end of the said paragraph A, the necessary parties to the proceedings sign a form of consent either before or at any time during the hearing, such consent shall be in the Form 39.10, Schedule C. When completed, the form shall be attached to and lodged together with the original civil summons or other originating document or, as appropriate, shall be produced to the Court during the hearing. Every form of consent so lodged or produced shall be retained by the Clerk with the original civil summons or other originating document and shall be noted on the court record and on any court order or copy thereof issued in relation to the proceedings.

(2) Costs, where allowed in any such proceedings, shall be in accordance with the provisions of item No. 10 in the Schedule of Costs annexed to these Rules or any similar provisions for the time being in force.

Actions transferred from the High Court or Circuit Court

15. (1) Where an action is remitted or transferred to the District Court by the High Court under section 25 of the Act of 1924 or by the Circuit Court under section 15 of the Act of 1991, the plaintiff shall, within the period of fourteen days from the date of the order for remittal or transfer, lodge with the Clerk a certified copy of such order together with the summons or other originating document (or a copy thereof) and copies of all documents already delivered and orders made in the action. Where the plaintiff omits or refuses to lodge those documents within that period, the defendant may do so at any time after the expiration of the said fourteen days. The party lodging the documents shall give notice to the other party or parties in the proceedings of such lodgment.

(2) Upon receipt of the documents the Clerk shall enter and list the action for hearing and notify the parties of the place, date and time fixed therefor. The action shall then be heard and determined by the Court as if it had originally been commenced therein. A note of the remittal or transfer shall be entered on the court record and on any court order or copy thereof issued in relation to the action.

(3) Costs, where allowed in any such action, shall be in accordance with the provisions of item No. 11 in the Schedule of Costs annexed to these Rules or any similar provisions for the time being in force.

ORDER 40

PARTICULARS TO BE GIVEN IN CERTAIN CIVIL SUMMONSES, ETC.

Consumer Credit Act 1995

1. A civil summons in proceedings brought in pursuance of the Consumer Credit Act, 1995 shall contain a statement that the appropriate provisions of the Act have been complied within respect of the transaction.

2. In proceedings instituted under the jurisdiction conferred by section 53 of the Courts of Justice Act, 1936 (No. 48 of 1936) as modified by section 33 (3) of the Courts (Supplemental Provisions) Act, 1961 , in which the proceedings are not brought before the Judge within whose district the defendant ordinarily resides or carries on any business, profession or occupation, the civil summons and the decree or dismiss shall state the place in which the contract is alleged to have been made or in which the tort is alleged to have committed or, in ejectment proceedings, the place where the lands the subject of the proceedings are situate.

Further particulars may be ordered

3. Further and better particulars of any matter, may in all cases in which particulars are required, be ordered by the Judge upon such terms as to costs and otherwise, as may be just, and the Judge may, in case of failure to comply with such order, or where particulars have not been furnished, adjourn or dismiss the case upon such terms as to costs and otherwise as may be just.

ORDER 41

DEFENCE, LODGMENT AND COUNTERCLAIM

Notice of intention to defend

1. A defendant who intends to defend a civil summons shall give, or send by post, to the plaintiff or solicitor for the plaintiff notice of such intention, in the Form 41.1, Schedule C, not later than four days before the date of sitting of the Court to which the civil summons is returnable, and shall at the same time lodge with the Clerk a copy of such notice.

Lodgment in satisfaction

2. (1) Together with the notice of intention to defend, a defendant may lodge in court a sum of money which he or she alleges is sufficient to satisfy the plaintiff's claim, whether with or without an acknowledgement of liability, and thereupon shall notify the plaintiff or solicitor for the plaintiff of such lodgment. No lodgment of money under this rule shall be made later than the time prescribed in rule 1 hereof save by leave of the Court.

— by separate document

(2) A defendant making a lodgment under paragraph (1) hereof may, at his or her option, intimate such fact by a document other than and in addition to the notice of intention to defend and, in that event, such document shall be in accordance with Form 41.2, Schedule C, which shall be served upon the plaintiff. The original of the document shall be lodged with the Clerk who shall keep it in a separate file and neither the Clerk nor any other person shall disclose the fact of such lodgment to the Judge until he or she shall have decided all issues between the parties.

— acceptance of

(3) The plaintiff may at any time before the day fixed for the hearing accept the amount so lodged, and thereupon the said amount may be paid to him or her without the necessity of any formal decree or order by the Judge, upon the plaintiff lodging with the Clerk a signed notice of acceptance of the amount lodged in respect thereof in full satisfaction of the claim, save as to costs; such costs, in default of agreement, to be measured by the Judge.

where the plaintiff is under legal disability

(4) Notwithstanding paragraph (3) hereof and subject to the provisions of section 63 of the Civil Liability Act, 1961 (No. 41 of 1961), where the plaintiff is under legal disability, then, together with the notice of acceptance of the amount lodged there shall be served upon the defendant a notice of motion to have such acceptance approved by the Court, and thereafter no further proceedings in the action shall be taken except by leave of the Court. On the hearing of the motion the plaintiff may be declared entitled to such costs as the Court may consider just, whether or not the acceptance is approved by the Court.

liability for costs where lodgment is not accepted

(5) Where the plaintiff does not accept the amount lodged within the time specified in paragraph (3) hereof, he or she shall be liable for all costs incurred subsequent to the lodgment in respect of the action or claim unless the Judge decides that the amount due in respect of the claim is greater than the amount lodged in respect thereof.

— where amount decreed does not exceed amount lodged.

— disposal of amount lodged.

(6) Where a Judge decides that the amount to which a plaintiff is entitled in respect of the claim is not in excess of the amount so lodged, he or she shall give judgment for the plaintiff for the amount which the judge finds to be due, but shall award to the defendant the costs incurred in respect of the action or claim subsequent to the lodgment and such order may be made as to the disposal of the amount lodged in court as the judge may think fit.

Defence of tender

3. Where the defence is a tender before action brought, such defence shall not be available unless, together with the notice of intention to defend, the defendant, lodges with the Clerk the amount alleged to have been tendered and gives notice thereof to the plaintiff or solicitor for the plaintiff.

Late entry

4. Except where all parties are agreed, no notice of intention to defend shall be lodged after the time specified in these Rules without the leave of the Court.

Counterclaim

5. (1) A defendant in any action may set-off, by way of defence, any debt or liquidated money demand, or may set up, by way of counterclaim, any claim for any debt, demand or damages, whether liquidated or unliquidated, for which the plaintiff is alleged to be liable.

— notice of

(2) A defendant who wishes to counterclaim under paragraph (1) hereof shall give, or send by ordinary post, to the plaintiff or solicitor for the plaintiff a notice in the Form 41.3, Schedule C, setting out particulars of the counterclaim. Such notice shall be so given or sent as soon as possible after the service upon the defendant of the civil summons, but shall in every case be given to the plaintiff or solicitor (or sent by post so soon as to reach him or her) not later than four days before the date of sitting of the Court to which the civil summons is returnable. A copy of the notice shall at the same time be lodged with the Clerk. Except where the plaintiff agrees to accept shorter notice, no notice of a counterclaim shall be given or sent under this rule later than the time specified herein save by leave of the Court granted under paragraph (3) hereof.

— extension of time for giving notice

(3) Where a defendant who wishes to counterclaim fails to give or send notice thereof within the time specified in paragraph (2) hereof, such defendant may, upon giving prior notice of the application to the plaintiff or solicitor and to the Clerk, apply to the Court for an extension of the time for giving or sending the notice of counterclaim. The Court may, upon hearing the application, if satisfied that it is in the interests of both parties to do so, extend the said time on such terms and conditions as it thinks proper;

Provided always that the plaintiff shall be given reasonable notice and adequate particulars of the counterclaim in sufficient time to enable him or her to prepare for the hearing.

Counterclaim for amount in excess of jurisdiction

6. No counterclaim shall be maintainable for any amount which is greater than is recoverable by civil summons under the jurisdiction of the Court unless the defendant, before the hearing of the proceedings, consents in writing to accept an amount which is within such jurisdiction in full satisfaction and discharge of the counterclaim.

Lodgment in response to counterclaim

7. A plaintiff may, in response to a counterclaim, lodge in court a sum of money which he or she alleges is sufficient to satisfy the said counterclaim, and the provisions of rule 2 of this Order relating to lodgment shall apply mutatis mutandis in every such case.

Order of the Court

8. The Court may make any decree or dismiss in respect of the original claim and the counterclaim as to it shall seem just and, save where otherwise provided by statute, may make one decree for any balance appearing to be due to either the plaintiff or the defendant.

— costs

The costs of and incidental to a counterclaim to be awarded to either party shall be in the discretion of the Court.

ORDER 42

THIRD PARTY PROCEDURE

Claim against person not already a party

1. Where in any civil proceedings a defendant

( a ) claims against any person not already a party any contribution or indemnity, or

( b ) claims against such person any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) requires that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the plaintiff and the defendant but also as between either or both of them and such person,

such defendant may within ten days of the service upon him or her of the civil summons or notice of application (exclusive of the date of such service) issue and serve upon such person a notice (in this Order called a third party notice (Form 42.1 or 42.2, Schedule C, as the case may be), containing a statement of the nature of the claim against the defendant and the nature and grounds of the defendant's claim against the third party or of the question or issue to be determined.

Copy of summons to be served

2. With the third party notice the defendant shall serve upon such person a copy of the civil summons or notice of application.

Copy to be lodged

3. The defendant shall within the period aforesaid give or send by post to the plaintiff or solicitor for the plaintiff and to the Clerk a copy of the third party notice.

Service

4. The provisions of Order 10 of these Rules relating to the service of documents shall apply to the service of a third party notice.

5. Where a third party notice is served upon the person to whom it is issued such person shall, as from the time of service, be a party (in this Order referred to as a third party) with the same rights as if he or she had been duly sued in the ordinary way by the defendant by whom the notice is issued or by the plaintiff.

Notice of intention to defend

6. Where a third party disputes the claim by the defendant against him or her or the claim by the plaintiff against the defendant such party shall, within ten days of the service of the third party notice, give or send by post to the defendant or solicitor for the defendant and to the Clerk notice of intention to defend (in the Form 42.3 Schedule C), and the provisions of Order 41 (relating to Defence, Lodgment and Counterclaim) of these Rules shall mutatis mutandis apply in such case. The Clerk shall notify (Form 42.4 Schedule C) the third party of the place, date and time of sitting of the Court for the hearing of the claim.

7. Proceedings on a third party notice may at any stage be set aside by the Court.

Where no notice of intention to defend given

8. Where a third party fails to give notice of intention to defend he or she shall be bound by any decree (including a decree by consent) or decision in the proceedings so far as it is relevant to any claim, question or issue stated in the third party notice.

Court may grant decree of dismiss

9. Where in any civil proceedings a defendant has served a third party notice, the Court may at or after the trial, or if the proceedings are decided otherwise than by trial, on an application by motion grant such decree or dismiss to or against any party or parties as the nature of the case may require.

Execution not to issue without leave

10. Where in civil proceedings a decree is granted against a defendant and a decree is granted to that defendant against a third party, execution shall not issue against the third party without the leave of the Court until the decree against the defendant has been satisfied.

Claim against person already a party

11. Where in any civil proceedings a defendant claims against any person already a party

( a ) any contribution or indemnity, or

( b ) any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the plaintiff and the defendant but also as between either or both of them and that person,

the defendant may, within ten days of the service upon him or her of the civil summons or notice of application (exclusive of the date of service) issue and serve upon such person a notice in the prescribed form (Form 42.5 Schedule C) containing a statement of the nature and grounds of the defendant's claim or of the question or issue to be determined. This rule shall not apply to any claim which could be made by counterclaim.

Adjournments

12. The Court may at any time adjourn the proceedings to enable service, lodgment or posting of documents or the giving of notice under this Order to be effected.

ORDER 43

SECURITY FOR COSTS

Application for security

1. A party to proceedings who requires security for costs from another party shall be at liberty to apply by notice to that other party for such security, and where the latter does not undertake by notice to comply therewith the party requiring the security may, when lodging a notice of intention to defend, apply to the Court for such security. On hearing the application the Court may order the plaintiff to lodge in court the costs of a dismiss, or may make such other order as it thinks fit, and, if security for costs is ordered, the security shall be of such amount and be given at such time or times and in such manner and form as the Court shall direct.

If Plaintiff is outside jurisdiction or is a foreign national

2. (1) A defendant shall not be entitled to an order compelling the Plaintiff to give security for costs solely on the ground that the plaintiff resides outside the jurisdiction of the Court unless the defendant shows to the satisfaction of the Court that he or she has a defence upon the merits.

(2)*No order for security for costs shall be made against a party who applies, under the provisions of the 1968 Convention defined in Order 62 of these Rules, for enforcement of a judgment given in another Contracting State, solely on the ground that the plaintiff is a foreign national or that the plaintiff is not domiciled or resident in the State.

*See Article 45 of the 1968 Convention.

ORDER 44

ATTENDANCE OF WITNESSES

Attendance of witness may be procured by summons

1. (1) Any party desiring the attendance of any person to give evidence or to produce any books, papers or documents to the Court may apply for, and the Judge, Clerk or a Peace Commissioner may sign and issue a witness summons (Form 44.1 Schedule C) requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein, and with every such summons there shall also be issued a copy for service upon each person to whom it is directed.

Court may order issue of summons

(2) In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of same, and on such application the Court may issue or direct the issue of the summons, or otherwise deal with the matter in such manner as to it shall seem just.

Service of summons

(3) Such summons shall be served, in a manner as provided by Order 10 of these Rules for the service of documents, at least three clear days before the date fixed for the hearing.

Service effective in any part of State

(4) Such summons may be served in any part of the State and upon service being effected in a manner so prescribed, the witness shall be as effectively bound thereby as if he or she resided within the area of jurisdiction for issuing summonses of the Judge, Clerk or Peace Commissioner.

Reasonable expenses to be paid

(5) Where it shall appear that the reasonable expenses of the person required to attend as a witness have not been paid or offered to him or her the Court may set aside or disregard the service of the summons.

Procedure on failure to appear

(6) The Judge hearing the proceedings may proceed as is provided in Order 21 of these Rules for the purpose of procuring the attendance of a person who fails or refuses to attend.

Refusal to give evidence

(7) The provisions of rule 2 of Order 21, relating to the refusal of a witness to give evidence, shall apply to a witness to whom this Order relates.

ORDER 45

JUDGMENT IN DEFAULT

Definitions

1. In this Order—

"The Act of 1988" means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (No. 3 of 1988).

"the Convention" has the meaning assigned to it in the Act of 1988.

"The Hague Convention" means the Hague Convention of 15th November, 1965 on the Sevice Abroad of Judicial and Extrjudicial Documents in Civil or Commercial Matters.

Where no notice of intention to defend lodged

2. (1) Where the claim in civil proceedings is in respect of a debt or liquidated money demand and the defendant fails to give notice of intention to defend within the time limited by these Rules, the plaintiff may in default of such notice apply for judgment, by lodging with or sending by post to the Clerk:—

( a ) An affidavit of debt (Form 45.1, 45.2, 45.3, 45.4, 45.5 or 45.6 Schedule C as the case may be) verifying the plaintiff's claim and made by the plaintiff or by some person on his or her behalf who can swear positively to the facts;

Statutory certificates

( b ) Where the claim is by a Minister of a Government Department, or the Land Commission, or the Commissioners of Public Works or such other bodies or persons who are by statute so entitled, the same may be verified and the sum then actually due may be proved by any certificate under seal which is by statute made evidence of the matters therein certified instead of by affidavit as is provided in paragraph (a) hereof.

( c ) Where a defendant has executed a consent which has been duly witnessed, an affidavit (Form 45.7 or 45.8 Schedule C) verifying such consent in lieu of an affidavit of debt.

( d ) A completed form of decree (Form 45.9, 45.10, 45.11, 45.12, 45.13, 45.14 or 45.15 Schedule C as the case may be) signed by the plaintiff or solicitor for the Plaintiff.

(2) The affidavit verifying the plaintiff's claim specified in paragraph (1) (a) or paragraph (1) (c) hereof shall be sworn and the certificate specified in paragraph (1) (b) shall be given within the period of one month next preceding the date of application for judgment, otherwise the same shall not be sufficient.

(3) Where the plaintiff's request for judgment includes a claim in respect of value-added tax, the affidavit shall contain averments as to whether or not value-added tax is payable by the plaintiff on his or her legal costs, and if payable whether or not the sum so payable is recoverable by the plaintiff from the Revenue Commissioners.

(4) Subject to the provisions of paragraph (5) hereof, the Judge shall thereupon sign a decree for the amount of the debt then due and the costs thereof (including the amount in respect of any value-added tax payable on such costs where he or she is satisfied that such tax is so payable and is not otherwise recoverable) together with all actual and necessary outlay, if any.

Refusal to enter judgment

— Clerk to notify

(5) The Judge may in any case refuse to enter judgment and in any such case he or she, shall direct that the case shall be listed for hearing at the first available opportunity, in which event the Clerk shall give to the plaintiff or solicitor for the plaintiff at least seven days notice by ordinary post of the place, date and time of such hearing.

Review of default judgment

3. (1) A party against whom any decree may have been obtained in accordance with the provisions of rule 2 of this Order may apply by notice of motion (Form 45.16 Schedule C) to the Court in the court area in which the decree was obtained for an order to vary or set aside the said decree on the ground 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.

Mode and time for service of notice

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

(3) The Court may declare sufficient the service of such notice actually effected.

(4) Such notice shall be lodged with the Clerk four 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 summons, 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.

Power of Court on hearing application

(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.

Costs in discretion of Court

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

Where the Conventions apply

4. Notwithstanding the provisions of this Order, where the proceedings are proceedings to which the Conventions apply and the defendant is domiciled in a Contracting State other than the State

(1) the civil summons (with any necessary modifications) or, as the case may be, notice thereof in the Form 62.1 Schedule C (with two notices of intention to defend attached thereto) and a certificate in the Form 62.2 Schedule C shall be served on the defendant in accordance with the provisions of the Hague Convention and Order 11 of these Rules.

(2) The provisions contained in Order 62 rules 4 and 5 of these Rules shall apply to proceedings to which this rule relates.

Where no notice to defend is received

5. (1) If, in the proceedings under Rule 4 hereof, no notice of intention to defend is received by the clerk from the defendant, the Judge shall, in accordance with Rule 2 hereof, direct that he case be listed for hearing in Court and the plaintiff or his solicitor be notified. At the hearing it shall be necessary for the plaintiff to show to the satisfaction of the Court that, to the best of his belief—

Necessary proofs

( a ) each claim made in the civil summons is one which by virtue of the provisions of the Conventions, the Court has jurisdiction to hear and determine,

( b ) no proceedings involving the same cause of action are pending between the parties in another Contracting State,

( c ) the defendant was duly served with the document instituting the proceedings or notice thereof, and

( d ) the defendant has been able to receive the said document or notice in sufficient time to enable him to arrange for his defence, or all necessary steps have been taken to this end, as required by Article 20 of the 1968 Convention.

The Hague Convention

(2) Where, however the document instituting the proceedings (or notice thereof) had to be transmitted abroad for service in accordance with the Hague Convention, the provisions of paragraphs 1 (c) and 1 (d) of this rule shall not apply. The other paragraphs of this rule shall be subject to rule 6 hereof.

Service of documents

6. (1) Where any document for use in proceedings to which this Order relates is to be served upon a person outside the jurisdiction and the service is to be effected in a State which is a party to the Hague Convention, the provisions (including Articles 8 to 11) of the convention and Order 62 of these Rules shall apply in every such case.

Procedure on non-appearance of defendant

(2) Where the document instituting the proceedings (or notice thereof) was transmitted abroad for service under the provisions of The Hague Convention and the defendant has not appeared or given notice to defend, judgment shall not be given until the provisions of Article 15 of that Convention as set out in Order 11 rule 10 of these Rules have been complied with.

(3) Notwithstanding the provisions of paragraph (2) of this rule, the Court may give judgment even if no certificate of service or delivery as provided by that Convention has been received if all the conditions listed in the said Article 15 and set out in Order 11 rule 10 of these Rules are fulfilled.

Extension of time to appeal

(4) Where judgment has been given in proceedings to which this rule relates against a defendant who has not appeared and that defendant wishes to apply for an extension of time for appeal from the judgment, the provisions of Order 11 Rule 12 shall apply in every such case.

ORDER 46

HEARING OF CIVIL PROCEEDINGS

Decree or Dismiss

1. The Court shall have full jurisdiction in all cases to grant a decree or to grant a dismiss either on the merits or without prejudice to the plaintiff's right to proceed by a new civil summons.

Trial of two or more actions together

2. The Court may, if it considers it desirable, order that two or more actions be tried together, and on such terms as to costs as it shall deem just.

Counterclaim as separate action

3. A counterclaim may be proceeded with separately and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed.

Non-appearance of defendant

4. If, when a case is called in court, the plaintiff appears and the defendant does not appear and the Court is satisfied that the civil summons has been served upon the defendant, the plaintiff may prove the claim in so far as the burden of proof lies upon him or her.

Non-appearance of plaintiff

5. If, when a case is called in court, the defendant appears and the plaintiff does not appear and if the defendant has no counterclaim, the Court may in its discretion grant a dismiss. Where the defendant has a counterclaim the Court may then in its discretion allow the defendant to prove such counterclaim in so far as the burden of proof lies upon him or her.

Procedure when previous dismiss without prejudice is produced

6. If, when a case is called in court, the defendant produces a dismiss without prejudice obtained by him or her against the plaintiff for the same cause of action, the plaintiff shall not be at liberty to proceed with the case until he or she has paid to the defendant the amount of such dismiss.

Stay of execution

*7. (1) Whenever judgment shall be given by the Court for payment of any sum of money by way of debt or damages by any person and the Court is satisfied at the time of giving such judgment—

( a ) that such person is unable to discharge by an immediate payment in full the said sum of money and all costs payable by him or her under the said judgment, and

( b ) that such inability is not occasioned by such person's own conduct, act or default, and

( c ) that there is reasonable ground for granting to such person an extension of time in which to pay the said sum of money and costs, the Court may stay the execution of the judgment for such time and upon such conditions as shall appear to the Court to be reasonable.

* Enforcement of Court Orders Act, 1926 , Sect. 21

Instalment decree

(2) The conditions upon which a stay of execution may be granted may include a condition that the said sum of money and costs shall be paid by such person by such instalments and at such times as the Court may appoint and that upon failure by such person to pay an instalment the stay shall cease. The decree in such cases shall be in accordance with Form 46.1 Schedule C.

Order for recovery of rates, in default distress

8. Where the Court makes an order for the recovery of rates it may direct that the sum be paid either at once or by instalments and that, in default of the said sum being paid at the time and in the manner so directed, the amount not so paid be levied by distress and sale of the goods and by taking the money of the person against whom the said order has been made.

Decree against one defendant and dismiss as to another

9. The Court may at the hearing of any civil summons where there shall be more than one defendant, grant a decree with costs against one or more of such defendants and grant a dismiss as to the other or others of the defendants with or without costs at the discretion of the Court; and where the plaintiff succeeds against one or more of the defendants and fails against the other or others, the Court may order that the defendant or defendants against whom the plaintiff has succeeded shall (in addition to the plaintiffs own costs) pay to the plaintiff by way of recoupment the costs which the plaintiff is liable to pay and pays to the defendant or defendants against whom he or she has failed. The decree in such cases shall be in accordance with Form 46. 2 Schedule C.

Cross decrees may be set off

10. If cross decrees shall be made by the Court between the same parties or there shall be at the same time unexecuted or only partially executed decrees as between the same parties, the Court may, on the application of either party, order that such decrees be set off against each other and, if of unequal amounts, that a decree only upon which the larger sum shall be due be issued or executed as the case may be, and the same shall be issued or executed only for such sum as shall remain due after deducting the sum due upon the other decree.

Decree by consent

11. A defendant, not being represented by solicitor or counsel, who consents to a decree being made against him or her shall sign a consent and such consent shall be proved either in open court or by an affidavit verifying the execution thereof made before a Commissioner for Oaths, and the Court shall then grant a decree in accordance with the terms of the consent.

Forms of decree

12. A decree, save where otherwise provided, shall be in accordance with Form 46.3, 46.4, or 46.5 Schedule C, as the case may be.

Form of dismiss

13. A dismiss, save where otherwise provided, shall be in accordance with Form 46.6 Schedule C.

Lodgment of

14. Where the successful party in civil proceedings (or that party's solicitor) wishes to obtain the decree or dismiss, he or she shall prepare, sign and lodge with the Clerk such decree or dismiss for verification and for signing by the Judge. However, for the purposes of an appeal from the decision of the Court, the decree or dismiss may be so prepared, signed and lodged by any party to the proceedings or by that party's solicitor.

— for appeal

Interest on decrees

15. (1) Where a decree for the recovery of a sum of money is granted and the sum decreed (exclusive of costs and witnesses' expenses) exceeds £150, the decree shall carry interest on the said sum at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act, 1840, until it is satisfied.

(2) Such interest shall be calculated from the date of the decree unless the Court otherwise directs.

(3) A decree for the payment of an amount not exceeding £150 shall not carry interest.

ORDER 47

EJECTMENT PROCEEDINGS

Particulars to be given in ejectment civil summons

1. (1) An ejectment civil summons shall specify the names of the landlord or lessor and tenant or tenants, respectively, the nature of the tenancy, the description of the premises and the places wherein the same shall be respectively situated and the rent at which the same shall be then or shall have been last held, and in cases where the proceedings shall be grounded upon the tenancy having determined, the facts of the determination of such tenancy and the means by which the same shall have been determined, and in cases where the proceedings shall be grounded upon the non-payment of rent the civil summons shall specify the amount of the rent due after all fair and just allowances, up to what gale day the same was due, and the appropriate costs as set forth in the Schedule of Costs for the time being in force and payable if the plaintiff's claim is settled before entry.

(2) A civil summons for the ejectment of tenants at will, permissive occupants, caretakers and servants shall also state the fact of demand for possession having been made by or on behalf of the owner of the said premises and the date of such demand and the fact of the refusal or omission to quit and deliver up possession.

Overholding

2. A civil summons in ejectment for overholding shall be in accordance with Form 47.1 Schedule C.

Permissive occupant

3. A civil summons in ejectment of tenants at will, permissive occupants, caretakers and servants shall be in accordance with Form 47.2 Schedule C.

Non-payment of rent

4. A civil summons in ejectment for non-payment of rent shall be in accordance with Form 47.3 Schedule C.

Service and lodgment

5. (1) An ejectment civil summons shall be served upon all and every persons or person who shall be in actual possession of the premises specified in and claimed by such summons as tenants or sub-tenants. It shall be served in a manner prescribed in Order 10 of these Rules at least fourteen days or, if service is being effected by registered post, at least twenty-one days before the date of sitting of the Court to which such summons is returnable.

(2) When service has been effected, the original of every such civil summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the return date.

(3) Where the immediate tenant of the plaintiff in an ejectment civil summons is not himself or herself in actual possession of the premises, the civil summons shall be served upon such immediate tenant as well as any person upon whom service must be effected under paragraph (1) of this rule.

(4) Where there is no person in actual possession of the premises, the affixing of a copy of the civil summons upon the door or some other conspicuous part of the premises so claimed shall be deemed to be good and sufficient service of such civil summons, (in lieu of any mode of service already prescribed by these Rules). Where the person last in actual possession of the premises was a sub-tenant, the civil summons shall also be served upon the immediate tenant of the plaintiff, as provided by paragraph (3) of this rule.

Affidavits in ejectment for non-payment of rent

6. In ejectment proceedings for non-payment of rent the plaintiff shall be at liberty to prove the nature and conditions of the tenancy and the amount of rent due by affidavit sworn by the plaintiff or by the agent thereunto authorised and filed with the Clerk, and upon reading such affidavit and if the defendant shall not give notice of intention to defend and appear and give evidence, the Court may make a decree without requiring the attendance of the plaintiff.

Decree overholding

7. A decree in ejectment for overholding shall be in accordance with Form 47.4 Schedule C.

Decree permissive of occupant

8. A decree in ejectment of tenants at will, permissive occupants, caretakers and servants shall be in accordance with Form 47.5 Schedule C.

Decree nonpayment of rent

9. A decree in ejectment for non-payment of rent shall be in accordance with Form 47.6 Schedule C.

Stay of execution

10. Upon giving a decree on foot of any civil summons in ejectment, the Court shall be at liberty to grant such stay of execution on such conditions as it may think reasonable in the circumstances.

Payment or tender in ejectment for non-payment of rent

11. The defendant in any ejectment proceedings for non-payment of rent, or any person having a specific interest in the contract of tenancy, at any time before the decree shall have been delivered to the County Registrar for execution, may pay to the plaintiff all rent and arrears of rent due at the time of the service of the civil summons, and a sum sufficient to cover the plaintiff's costs, or may tender the sameand, in case such tender shall be refused, may deposit the same with the Clerk, who shall give a receipt (Form 47.7 Schedule C) therefor and give notice to the plaintiff of such lodgment. The Court may order that all further proceedings be stayed upon payment to the plaintiff of the money so lodged together with such costs up to the date of tender as the Court may think reasonable; provided that the decision of the Court shall be subject to appeal in like manner as if it were a decree or dismiss on foot of a civil summons in ejectment for non-payment of rent.

Writ of restitution

12. Whenever a decree for possession for non-payment of rent shall have been executed, the Court may award a writ of restitution on the application of the defendant or any other person having a specific interest in the contract of tenancy, and on the payment to the plaintiff or the lodgment with the Clerk of the amount due for rent, arrears of rent and costs within six months after the execution of the decree, in the manner provided by sections 70 and 71 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 .

Form of dismiss

13. An ejectment dismiss shall be in accordance with Form 47.8 Schedule C.

Form of warrant for possession

14. A warrant for possession pursuant to section 86 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 shall be in accordance with Form 47.9 Schedule C.

ORDER 48

EXECUTION OF DECREES AND DISMISSES

Execution by Co. Registrar/Sheriff

1. (1) Decrees for the recovery of money and dismisses shall require all Sheriffs and County Registrars to take in execution the goods of the defendant or of the plaintiff, as appropriate, to satisfy the debt, costs, value-added tax, expenses, interest on the debt, as the case may be.

County Registrar's warrant

(2) A warrant (Form 48.1 Schedule C) shall be added to each decree and dismiss.

Addressing of warrants

(3) Such warrants and warrants for the recovery of rates in proceedings brought by summons shall be addressed for execution to the County Registrar for the county in which the court area is situate, or where such court area comprises portion of two or more counties, to the County Registrar of that county comprising the portion of the court area in which the person against whom the decree or dismiss shall have been given resides or carries on any profession, business, or occupation.

May be executed by another County Registrar

2. A warrant addressed to a County Registrar may be executed by another County Registrar if the person against whom the said warrant has been issued has goods within the county for which such other County Registrar acts.

Execution of warrants

3. (1) Where the warrant is for the payment of money and goods are seized under such warrant the person to whom such warrant is addressed may sell by auction the said goods within such period as shall be specially fixed by the warrant or, if no period shall be so fixed, then within five days from the day on which the goods were seized, unless the sum for which the warrant was issued and also the expenses of taking and keeping such goods shall be paid before the goods are sold. Where such goods are sold the surplus, if any, after retaining the amount directed to be levied together with all reasonable expenses actually incurred in auctioning such goods as well as the expense of taking and keeping the same, shall be paid to the person from whom the goods were seized. It shall not be necessary for the person conducting such auction to procure a licence to act as an auctioneer.

Payment to stay execution

(2) Where the person against whom any such warrant is issued pays or tenders to the person having the execution of the warrant the sum in such warrant mentioned, the person having the execution of such warrant shall refrain from executing the same.

Receipt to be given

(3) Whenever any money is levied or paid to a court messenger under any warrant he or she shall give a receipt in accordance with Form 48.2 Schedule C for the same.

Decree in force for 12 years

4. (1) A decree or dismiss shall remain in full force and effect for a period of twelve years from the date thereof but such decree or dismiss shall not be executed after the expiration of six years from the date thereof without leave of the Court. An application for such leave shall be made by notice of motion (Form 48.3 Schedule C) which shall be served upon the person sought to be made liable.

Execution where change of parties by death or otherwise

(2) If, at any time during the said period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties, a party may apply to the Court on notice (Form 48.3 Schedule C) to be served upon the other party to have the decree or dismiss amended accordingly, and the Court, if satisfied that the party so applying is entitled to execution, may make any order to that effect and may make any amendment required to give effect to such order and may impose such terms as to costs or otherwise as to it appear just.

ORDER 49

INTERPLEADER

Notice of Claim

1. A claim to or in respect of any goods or chattels not exceeding £5,000 in value taken in execution or intended execution by a County Registrar shall be in writing (Form 49.1 Schedule C) and shall contain the full name and description of the claimant and an address within the State at which service will be accepted by or on behalf of the claimant.

2. Upon receipt of any such claim, the County Registrar shall forthwith send notice (Form 49.2 Schedule C) of such claim to the party claiming execution or to his or her solicitor.

Notice of admission or denial of claim

3. Within two days after receiving the notice aforesaid the party claiming execution shall give notice (Form 49.3 Schedule C) to the County Registrar as to whether he or she disputes or admits the title of the claimant to the goods or chattels or requests the County Registrar to withdraw from possession.

Deposit by claimant

4. If within the said period of two days the party claiming execution does not admit the title of the claimant or does not request the County Registrar to withdraw from possession, the County Registrar shall forthwith send notice (Form 49.4 Schedule C) to the claimant, requiring him or her within two days of the service of such notice to deposit with the County Registrar the amount for which the warrant of execution was issued or, if the value of the goods or chattels seized is less than the amount set out in the warrant of execution, the value of such goods or chattels, and giving the claimant notice that in default of his or her making such deposit an application will be made, after service of an interpleader civil summons, to the Court for an order for sale.

Procedure on deposit being made

5. Where the claimant deposits with the County Registrar the amount for which the warrant of execution was issued or, in the event of the value of the goods or chattels as determined by the County Registrar or by a valuer appointed by the County Registrar, being less than that amount, a sum equal to the value as so determined, the County Registrar shall withdraw from the possession of the goods and chattels and the sum deposited shall be disposed of as the Court shall direct.

Application for sale

6. (1) Where the claimant does not make such deposit as aforesaid the Court may, at any time after the service of an interpleader civil summons, upon application made by the execution creditor upon notice to the claimant and the County Registrar, or by the County Registrar upon notice to the parties, make an order for the sale of all or any of the goods and chattels seized, subject to such conditions as to the giving of security by the execution creditor or otherwise as to the Court may seem fit.

Service of notice

(2) The notice of application to the Court for an order for the sale of all or any of the goods and chattels seized shall be in Form 49.5 Schedule C and shall be served two clear days before the day named in such notice for the hearing.

Application may be heard out of court

7. A Judge may hear and determine such application out of court and at any place which he or she may deem suitable. The costs of such application shall be provided for by the Court on the hearing of the interpleader civil summons.

Order for sale

8. The order by a Judge for sale shall be in accordance with Form 49.6 Schedule C and shall direct that the proceeds of the sale be lodged with the Clerk to abide the order of the Court on the hearing of the interpleader civil summons.

Service of Interpleader civil summons

9. (1) An interpleader civil summons (Form 49.7 Schedule C) shall be served upon the claimant and upon the party claiming execution.

(2) An interpleader civil summons shall be served in a manner provided by Order 10 of these Rules. Where the warrant of execution has been lodged with the County Registrar by a solicitor for the party claiming execution or where the claim has been made by a solicitor for the claimant the interpleader civil summons may be served upon the solicitor for the party claiming execution or the claimant, as the case may be.

Liability for costs

10. Upon the hearing of the interpleader civil summons the Court shall determine the liability of the parties respectively to pay costs and expenses and the amount of the same and by whom and to whom such payments are to be made. The scale of costs set out for tort cases in the Schedule of Costs annexed hereto or any other similar Schedule for the time being in force shall be the appropriate scale for proceedings instituted by interpleader civil summons, and the decree in such proceedings shall be in accordance with Form 49.8 Schedule C.

ORDER 50

APPLICATION TO HAVE AN ACTION FORWARDED TO THE CIRCUIT COURT OR TO THE HIGH COURT

Form of notice

1. (1) An application to have an action forwarded to the Circuit Court or to the High Court pursuant to section 22 (8) (b) of the Courts (Supplemental Provisions) Act, 1961 (inserted by section 21 of the Courts Act, 1971 ), shall be preceded by the issue and service of a notice (Form 50.1 Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

(2) Such notice shall be served upon the other party to the proceedings in accordance with the provisions of Order 10 of these Rules at least seven days before the date of hearing of the application.

Lodgment of notice

(3) When service has been effected the original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(4) The order of the Court hearing the application shall be in accordance with Form 50.2 or 50.3 Schedule C, as the case may be.

ORDER 51

COSTS AND EXPENSES

Costs in general to be in discretion of Court

1. Save as otherwise provided by statute or by Rules of Court, the granting or withholding of the costs of any party to civil proceedings in the Court shall be in the discretion of the Court.

Scales of costs

2. Save as otherwise provided, the costs specified in each scale in the Schedule of Costs annexed to these Rules or in any other similar Schedule for the time being in force shall be the only lawful costs.

Witnesses' expenses

3. The Court shall have discretion to allow or to refuse to allow the expenses (or any part thereof) of any witness and where allowed, the amount of such expenses (or part thereof) may be measured by the Court.

Where no solicitor retained

4. No costs other than actual and necessary outlay shall be allowed or awarded to a party who conducts his or her own case.

Costs where defendant not represented by solicitor

5. Where the plaintiff is successful and the defendant has not been professionally represented at the hearing, the costs shall be in accordance with the appropriate scale for undefended cases, unless the Court, upon application made to it at the hearing, shall direct that the scale for defended cases shall apply.

Costs in Schedule to be exclusive of V. A. T. and outlay

6. The costs set forth in the scales in the Schedule of Costs annexed to these Rules or any other similar schedule for the time being in force shall in every instance be exclusive of and in addition to any sum allowed as recovery of value-added tax and all such actual and necessary outlay as may be allowed.

Costs of adjournment

7. The Court may allow the costs and expenses of any adjournment of the hearing or further hearing of any civil proceedings and may order that such costs be added to or deducted from the costs allowed to either party on the final determination of the proceedings, or may if it thinks it reasonable to do so, make a separate order (Form 51.1 Schedule C) for their payment.

Power to strike out with costs claims in excess of jurisdiction

*8. Where civil proceedings are brought in the Court which the Court has no jurisdiction to hear and determine, the Court shall, as soon as such want of jurisdiction becomes apparent, order such proceedings to be struck out and may, if it so thinks proper, make an order awarding to the defendant such costs as the Court could have awarded if it had jurisdiction to try and determine such proceedings and either the plaintiff did not appear or appeared and failed to prove his or her claim.

Costs in hire purchase claims

9. Proceedings by the owner of a chattel against the hirer thereof under a hire-purchase agreement for the recovery or return of the same shall, for the purpose of the measurement of the costs, be deemed to be an action in contract in which the amount sued for is the amount of the instalments due and unpaid under the agreement at the date of commencement of the proceedings.

* Courts of Justice Act, 1936 (No. 48) Sec 60

Costs in actions for wrongful detention

10. In actions for wrongful detention brought by virtue of section 33, subsection (3) of the Courts (Supplemental Provisions) Act, 1961 , the costs awarded shall be on the tort scale according to the value of the goods as determined by the Court.

Costs to apply for A. G. , Govt. Ministers etc.

11. The scales of costs in the Schedule of Costs annexed hereto or any other similar schedule for the time being in force shall apply to proceedings to which the Attorney General or any Minister of the Government or any Minister of State or any Government Department is a party.

Costs in consent proceedings

12. Solicitors' costs, where allowed, in consent proceedings to which section 4 (c) of the Courts Act, 1991 and Order 39, r. 14 of these Rules relate, shall be in accordance with the provisions of item No. 10 in the Schedule of Costs annexed to these Rules or any similar provisions for the time being in force.

Costs in actions transferred from the High Court or the Circuit Court

13. Solicitors' costs, where allowed, in actions remitted or transferred from the High Court or the Circuit Court and to which Order 39, r. 15 of these Rules relates, shall be in accordance with the provisions of item No. 11 in the Schedule of Costs annexed to these Rules or any similar provisions for the time being in force.

In certain cases costs may be measured

14. In any case where the Court is of opinion that there is no appropriate scale of costs provided, it may measure the costs.

ORDER 52

COUNSEL'S FEES

No fee where sum does not exceed £500

1. (1) In any award of costs in the Court a fee for counsel may not be included—

( a ) in any action in contract, breach of contract, tort or in claims for damages unconnected with contract, where the amount recovered by the plaintiff or, where the action was dismissed, the amount claimed against the defendant does not exceed £500, and

No fee where annual rent does not exceed £500

( b ) in any ejectment proceedings for over-holding or non-payment of rent, where the annual rent does not exceed £500

Court to certify fees

(2) In the award of costs in any other proceedings in the Court a fee for counsel may not be included unless the Court certifies that, in its opinion, the employment of such counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned.

Schedule of fees

(3) Where counsel is allowed, the scales of fees in the Schedule of Counsel's fees hereto shall operate, provided that in any proceedings not covered by these scales the fees shall be such as shall be determined by the Court having regard to the said scales and to the amount involved in the case.

ORDER 53

ENFORCEMENT OF JUDGMENTS

Definition

1. In this Order—

"the Act of 1926" means the Enforcement of Court Orders Act, 1926 (No. 18 of 1926);

"the Act of 1940" means the Enforcement of Court Orders Act, 1940 (No. 23 of 1940);

"the Act of 1986" means the Courts (No. 2) Act, 1986 (No. 26 of 1986);

"debt" includes any balance of a debt remaining due after payment or recovery of part thereof;

"judgment" includes any order or decree of a competent court.

Venue

2. Proceedings for the enforcement of a judgment under the Enforcement of Court Orders Acts, 1926 and 1940 may be brought, heard and determined at any sitting of the Court for the court area wherein the debtor is ordinarily resident.

Summons for attendance of debtor

3. (1) Whenever a debt is due on foot of a judgment of a competent court and the creditor wishes to enforce that judgment, such creditor or the solicitor for such creditor shall, if he or she requires the attendance of the debtor before the Court for examination as to the debtor's means pursuant to section 15 (as substituted by section 1 (1) of the Act of 1986) of the Act of 1926, prepare and lodge with the Clerk a summons in duplicate in the Form 53.1 Schedule C together with the statutory declaration (in the Form 53.2 Schedule C) required by subsection (2) of the said section 15. The Clerk shall list the matter for hearing and, having completed and signed the original and copy summons, shall issue same to the creditor or solicitor for the creditor for service upon the debtor.

Statutory declaration

(2) Such summons shall be served upon the debtor in a manner prescribed in Order 10 of these Rules at least fourteen days or, if service is being effected by registered post, at least twenty-one days before the date of sitting of the Court at which the examination of the debtor is to take place.

(3) When service has been effected, the original of such summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of sitting of the Court.

Statement of means

4. (1) A summons referred to in rule 3 shall, in addition to requiring the attendance of the debtor at a sitting of the Court for examination as to his or her means, also require the debtor to complete, detach and lodge with the Clerk not less than one week before the date of the said sitting the statement of means (Form 53.3 Schedule C) attached to the summons.

(2) The creditor or solicitor for the creditor shall be entitled, on payment of the prescribed fee, to inspect and take or obtain copies of the statement of means at any time after it is lodged.

Creditor's proofs at the hearing

5. At the examination pursuant to a summons served under rule 3 (2) of this Order the creditor or solicitor for the creditor shall produce to the Court

( a ) the judgment on which he or she relies or other evidence of the original debt due to the creditor thereunder,

( b ) a certificate in the Form 53.4 Schedule C signed by the creditor or solicitor for the creditor setting out the amount outstanding at the date of the certificate, and

( c ) evidence that the debtor is ordinarily resident in the court area wherein the examination is taking place.

A copy of the said certificate (Form 53.4 Schedule C) shall also be furnished to the debtor or solicitor for the debtor prior to the date on which the examination is due to take place.

Instalment Order

6. (1) An order for the payment of debt and costs made pursuant to section 17 of the Act of 1926 at the examination proceedings shall be in accordance with Form 53.5 Schedule C. The order shall be served upon the debtor in accordance with the provisions of Order 10 of these Rules.

(2) An instalment order made pursuant to that section shall, unless the debt and costs payable thereunder have been duly paid in full, continue in force until the expiration of twelve years from the date of the judgment to which it relates, and no instalment which accrues due under such order after the order ceases to be in force shall be payable or recoverable.

Variation of instalment order

7. (1) An application to the Court pursuant to section 5 of the Act of 1940 to vary the terms of an instalment order shall be preceded by the issue and service of a summons in the Form 53.6 Schedule C. Such summons shall be served upon the creditor or the debtor, as the case may be, in accordance with the provisions of Order 10 of these Rules.

(2) When service has been effected the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for the hearing of the application.

(3) The order of the Court granting the application shall be in the Form 53.7 Schedule C. The applicant party therefor shall cause the said order to be served upon the other party in accordance with the provisions of Order 10 of these Rules.

(4) An order varying an instalment order shall not so operate as to make the instalment order enforceable after the expiration of twelve years from the date of the relevant judgment.

Application for arrest and imprisonment

8. (1) An application to the Court pursuant to section 6 of the Act of 1940 for the arrest and imprisonment of the debtor shall be preceded by the issue and service of a summons in the Form 53.8 Schedule C. Such summons shall be served upon the debtor in accordance with the provisions of Order 10 of these Rules.

(2) When service has been effected the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for the hearing of the application.

(3) The order of the Court granting the application shall be in the Form 53.9 Schedule C.

(4) The warrant to enforce such order shall be in the Form 53.10 Schedule C and may be added to the form of such order.

(5) Before making an order to which this rule relates, the Court shall be satisfied of the due service upon the debtor of the instalment order, that the debtor has failed to comply with such order and, in the event of the debtor's failure to attend Court on the hearing of the application for arrest and imprisonment, of the due service upon him or her of the summons issued under this rule.

(6) No order under this rule shall be made against a debtor who is a member of the permanent Defence Forces or a reservist for the time being called out on permanent service.

Where appeal is lodged, warrant not to issue

9. (1) Where a notice of appeal against an order for arrest and imprisonment has been lodged and a recognisance (if required) has been entered into and the warrant to enforce the order has not been issued, such warrant shall not be issued until the appeal has been decided or the appellant has failed to perform the conditions of the recognisance, as the case may be.

Where issued, Clerk to secure its return

(2) Where such warrant has been issued but not executed when the notice of appeal is lodged, the Clerk shall forthwith notify the Superintendent of the Garda Síochana to whom the warrant was addressed that a notice of appeal has been lodged (and that a recognisance has been entered into, if that be the case) and shall request the Superintendent to return the warrant for cancellation by the Court.

Where amount due is paid to him, or her, Clerk to secure return of warrant

10. Where a warrant to enforce an order for arrest and imprisonment has been issued but not executed and the amount of the arrears of instalments and costs specified in the said order is paid to the Clerk, he or she shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed that such payment has been made and shall request the Superintendent to return the warrant for cancellation by the Court.

Notice by Governor to Clerk

11. The Governor of the prison in which the debtor is imprisoned by virtue of a warrant under rule 8 (4) of this Order shall forthwith, upon the reception in the prison of the debtor, give notice in writing of such reception to the Clerk specified in the warrant.

Where debtor is in custody and Clerk receives payment, Clerk to notify the Governor, etc

12. Where, subsequent to the arrest and imprisonment of a debtor under section 6 of the Act of 1940, the amount of the arrears of instalments and costs specified in the order for arrest and imprisonment is paid to the Clerk, he or she shall give a certificate of payment to the person making the payment on behalf of the debtor and shall forthwith forward a similar certificate to the Governor of the prison in which the debtor is imprisoned and to the creditor or solicitor for the creditor. Such certificate shall be in the Form 53.11 Schedule C.

Where statement of means is false

13. An order for arrest and imprisonment made pursuant to section 16 (2) of the Act of 1926 shall be in accordance with Form 53.12 Schedule C.

Warrants — provisions of O.26 to apply

14. The provisions contained in Order 26 of these Rules (relating to warrants in criminal proceedings) shall apply to warrants issued under this Order.

Registration of decrees as Judgment — mortgages

15. Every decree of the District Court shall be deemed to be a judgment entered up in a superior court at Dublin within the meaning and for the purposes of section 6 of the Judgment-Mortgage (Ireland) Act, 1850 (13 & 14 Vic. c. 29) and that Act shall apply and have effect in relation to every decree of the District Court accordingly, save that

( a ) any such affidavit as is mentioned in the said section 6 made in relation to any such decree shall be filed in the district court office in which such decree is entered in lieu of the superior or other court mentioned in that section, and

( b ) any costs entitled to be stated in the said affidavit of filing and registering the said affidavit pursuant to the said section 6 shall not exceed in amount the amount of the decree.

Registration of decrees in the Central Office

16. (1) Any decree of the District Court may be registered in the Central Office of the High Court in like manner as a similar judgment of the High Court may be registered in that Office.

(2) The practice and procedure in use in the said Central Office in relation to the registration of judgments of the High Court shall apply to and be followed in relation to the registration (under section 25 of the Courts Act, 1981 ) of decrees of the District Court.

Application of section 336 of the Irish Bankrupt and Insolvent Act, 1857 to decree

17. Every decree of the District Court shall be deemed to be a judgment of a superior Court within the meaning and for the purpose of section 336 of the Irish Bankrupt and Insolvent Act, 1857 (20 & 21 Vic. c. 60) and that section shall apply and have effect in relation to every such decree of the District Court accordingly, save that registration in the Central Office of the High Court under the Courts Act, 1981 shall be substituted for registration in the office of the registrar of judgments.

ORDER 54

MAINTENANCE OF SPOUSES AND CHILDREN

Definitions

1. In this Order—

"the Act" means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976);

"the Act of 1987" means the Status of Children Act, 1987 (No. 26 of 1987);

"competent authority" has the meaning assigned to it in Order 98 of these Rules.

Venue

2. (1) Subject to the provisions of Order 62 of these Rules, proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.

Hearings to be otherwise than in public

3. Proceedings under the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8 rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Applications for maintenance orders

4. (1) An application for a maintenance order under section 5 (1) (a) or 5 (1) (b) of the Act shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1 or 54.2 Schedule C, as appropriate.

(2) An application for a maintenance order under section 5A (1) or 5A (2) of the Act (inserted by section 18 of the Act of 1987) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.3 or 54.4 Schedule C, as appropriate.

(3) The order of the Court granting such application shall be in the Form 54.5, 54.6, 54.7 or 54.8 Schedule C, as appropriate.

Application to discharge maintenance order

5. An application by a maintenance debtor for the discharge of a maintenance order under section 6 (1) (a) of the Act or for the discharge of part of such order under section 6 (3) of the Act shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C. The order of the Court granting the application shall be in the Form 54.10 Schedule C.

Application to discharge or vary order

6. An application by either party to the proceedings to discharge or vary a maintenance order under section 6 (1) (b) of the Act shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C. The order of the Court granting the application shall be in the Form 54.12 Schedule C.

Interim order

7. An interim order made by the Court under section 7 of the Act shall be in the Form 54.13 Schedule C.

Application for lump sum order for birth/funeral expenses

8. An application by a spouse or parent under section 21A (1) of the Act (inserted by section 21 of the Act of 1987) for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child shall be preceded by the issue and service upon the other spouse or parent, as the case may be, of a summons in the Form 54.14 Schedule C. The order of the Court granting the application shall be in the Form 54.15 Schedule C.

Clerk to send copy of order

9. Where the Court makes a maintenance order, an order varying, discharging or discharging part of such order, an interim order or a lump sum order in respect of the birth or funeral expenses of a dependent child, the Clerk shall give to, or send by prepaid ordinary post to the maintenance debtor or the respondent party (as the case may be) a copy of the order so made.

Application for direction that payments be made to Clerk

10. An application under section 9 (1) (b) of the Act for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk shall be made ex parte. Notice of such application in the Form 54.16 Schedule C, signed by the maintenance creditor or by his or her solicitor, shall be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application shall be in the Form 54.17 Schedule C.

Payments to the Clerk

11. (1) Where the Court directs that payments under a maintenance order, a variation order or an interim order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

(2) The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.

Application to discharge direction

12. An application under section 9 (3) of the Act by a maintenance debtor to have a direction under section 9 (1) of the Act discharged shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C. The order of the Court granting the application shall be in the Form 54.20 Schedule C.

Recovery of arrears by Clerk

13. (1) Where payments to the Clerk under a maintenance order, a variation order or an interim order are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 10 of the Act for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act, 1940 (in accordance with the provisions of Order 56 or 57, as the case may be of these Rules).

(2) Where payments referred to in paragraph (1) hereof are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Service of summonses

14. (1) A summons required by this Order to be served may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days before the date of the sitting of the Court to which the summons is returnable.

(2) Save where service has been effected by the Clerk, the original of every such summons served, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

Rules to apply orders for maintenance pending suit, etc.

15. Where the Clerk receives a copy of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989) from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 24 of the said Act), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.

ORDER 55

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS AS BETWEEN THE STATE AND NORTHERN IRELAND, ENGLAND AND WALES AND SCOTLAND

Definition

1. In this Order—

"the Act" means the Maintenance Orders Act, 1974 (No. 26 of 1974).

Order not to apply to proceedings under the E. C. (Judgments) Convention 1968.

1A . This Order shall not apply to proceedings brought by virtue of the Conventions defined in section 1 (1) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 , which are provided for in Order 62 of these Rules.

ENFORCEMENT OF ENFORCEABLE MAINTENANCE ORDERS

Clerk to register order

2. (1) Where a copy of a maintenance order, in respect of which an enforcement order has been made, is received by the Clerk from the Master of the High Court such clerk shall—

( a ) register particulars of such maintenance order and such enforcement order, and

Notice to maintenance debtor

( b ) by notice (Form 55.1 Schedule C) inform the maintenance debtor of the days and hours during which and the place at which the payments under the order are to be made. Such notice shall be sent by registered prepaid post and a copy thereof shall also be sent by registered prepaid post to the person entitled to receive the payments.

Clerk to register particulars of variation etc.

(2) Where a maintenance order has been varied or revoked by a court in a reciprocating jurisdiction and a certified copy of the variation or revocation order is received by the Clerk he or she shall register particulars thereof and shall send a copy of such variation or revocation order by registered prepaid post to the maintenance debtor.

Receipt for payment

3. The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her pursuant to the order and shall transmit such payment to the person entitled to receive same.

4 Where maintenance debtor ceases to reside in court area

4. (1) Where the maintenance debtor ceases to reside in the district court area in which the proceedings have been entered, the Clerk for such court area shall forward to the Clerk of the court area in which the maintenance debtor is for the time being residing the following documents—

( a ) a copy of the maintenance order together with a copy, of the enforcement order,

( b ) a certificate of arrears (Form 55.2, Schedule C),

( c ) a copy of the variation order (if any), and

( d ) any other relevant document.

(2) The Clerk who receives the documents referred to in paragraph (1) shall proceed in the same manner as if the copy maintenance order and enforcement order had been received by him or her from the Master of the High Court.

Where maintenance debtor ceases to reside in the State

(3) Where the maintenance debtor ceases to reside in the State the Clerk shall forward the documents referred to in paragraph (1) to the Master of the High Court together with a statement (Form 55.8 Schedule C) giving such information as he or she possesses as to the whereabouts of such maintenance debtor.

Recovery of arrears by Clerk

5. (1) Where payments to the Clerk under an enforceable maintenance order are in arrears and such clerk receives a request in writing from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make an application, under section 10 of the Family Law (Maintenance of Spouses and Children) Act, 1976 for an attachment of earnings order or, for an order under section 8 of the Enforcement of Court Orders Act, 1940 , (as provided for in Order 56 or Order 57, as the case may be, of these Rules).

(2) Where payments referred to in paragraph (1) hereof are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

INSTITUTION OF PROCEEDINGS AGAINST A PERSON RESIDING IN A RECIPROCATING JURISDICTION

Clerk to send documents to Master of High Court

6. Where proceedings are instituted against a person residing in a reciprocating jurisdiction for the making, variation or revocation of a maintenance order, pursuant to section 17 of the Act, the Clerk to whom the application for the issue of a summons is made, shall send the following documents to the Master of the High Court by registered prepaid post—

( a ) notice of the institution of the proceedings in one of the Forms 55.3 to 55.7, Schedule C, as the case may be,

( b ) a statement (Form 55.8, Schedule C) signed by such clerk, giving such information as he or she possesses as to the whereabouts of the person against whom the proceedings have been instituted,

( c ) a statement (Form 55.9, Schedule C) signed by such Clerk giving such information as he or she possesses for facilitating the identification of that person,

( d ) where available, a photograph of that person, and

( e ) any other relevant document.

The Clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 55.10 Schedule C).

Listing of proceedings by Clerk

7. (1) When proof of service of the notice of institution of proceedings has been received by the Clerk he or she shall list the proceedings for hearing at a scheduled sitting of the Court on a day not earlier than twenty-one days after the day on which the notice of the institution of proceedings was served, and shall, by notice (Form 55.11 Schedule C) inform both parties to the proceedings by registered prepaid post of the date, time and place of such hearing.

Hearing to be otherwise than in public

(2) Such proceedings shall be heard otherwise than in public and only officers, of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Clerk to produce documents

8. On the hearing of the proceedings the Clerk shall produce to the Court any communication or correspondence received by him or her.

Order of Court

9. The order of the Court hearing the proceedings shall be in accordance with one of the Forms 55.12 to 55.17, Schedule C, as the case may be. Notice of the making of any such order (Form 55.18 Schedule C) shall be sent by the Clerk by registered prepaid post to the person against whom the order is made.

TRANSMISSION OF MAINTENANCE ORDERS TO RECIPROCATING JURISDICTION FOR ENFORCEMENT

Application to enforce order

10. (1) An application by a maintenance creditor to have a maintenance order made by the Court enforced against a person residing in a reciprocating jurisdiction, pursuant to section 19 of the Act, shall be by notice which shall be in accordance with Form 55.19 Schedule C.

Clerk to send documents to Master of High Court

(2) The Clerk to whom such application is made shall, if it appears to him or her that the maintenance debtor is residing in a reciprocating jurisdiction,

( a ) send notice of the order (Form 55.18 Schedule C) by registered prepaid post to the maintenance debtor, and

( b ) send by registered prepaid post to the Master of the High Court the following documents—

(i) a certified copy of the maintenance order,

(ii) in the case of a maintenance order made in default of appearance, the original or a certified copy of the document which establishes that notice of the institution of the proceedings was served upon the person in default,

(iii) a certificate (Form 55.20 Schedule C) signed by such Clerk certifying that the maintenance order is enforceable in the State and that the notice thereof has been sent to the maintenance debtor by registered post,

(iv) a certificate (Form 55.21 Schedule C) signed by such Clerk of any arrears under the order,

(v) a statement (Form 55.8 Schedule C) signed by such Clerk giving such information as he or she possesses as to the whereabouts of the maintenance debtor,

(vi) a statement (Form 55.9 Schedule C) signed by such Clerk giving such information as he or she possesses for facilitating the identification of the maintenance debtor,

(vii) where available, a photograph of the maintenance debtor, and

(viii) any other relevant document.

The Clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 55.22 Schedule C).

Where maintenance order varied or revoked

(3) Where a maintenance order which is being enforced by a court in a reciprocating jurisdiction is varied or revoked, the Clerk shall send a certified copy of such variation order or revocation order, as the case may be, to such court.

OBTAINING OF EVIDENCE FROM COURT IN RECIPROCATING JURISDICTION

Request for the taking of evidence

11. A request for the taking of evidence of a person residing in a reciprocating jurisdiction, pursuant to section 20 of the Act, shall be in accordance with Form 55.23 Schedule C, and shall be sent by registered prepaid post by the Clerk to the Master of the High Court for transmission by him to the appropriate authority in the reciprocating jurisdiction.

TAKING OF EVIDENCE FOR COURT IN RECIPROCATING JURISDICTION

Receipt of request to take evidence

12. (1) Where, pursuant to section 21 of the Act, a Judge receives a request from the Master of the High Court for the taking of evidence of a person residing in such Judge's district, the Judge shall cause the Clerk for the court area in which such person resides to sign and issue a summons (Form 55.24 Schedule C) directed to such person requiring him or her to attend before such Judge at a specified date, time and place to give evidence in relation to the subject matter of the request.

Evidence on oath and in writing

(2) The evidence of such person shall be taken on oath and in writing in the Form 55.25 Schedule C.

(3) Such evidence may, at the discretion of the Judge, be taken in chambers.

Procedure on failure to attend, etc.

(4) The procedure contained in Order 21 of these Rules for the purpose of procuring the attendance of a person who fails or refuses to attend or, when present in court, refuses to take the oath or refuses to give evidence, shall apply to the taking of evidence under this rule.

Clerk to transmit evidence

(5) When the evidence has been taken the Clerk shall transmit same by registered prepaid post to the Master of the High Court.

ORDER 56

ATTACHMENT OF EARNINGS

Definitions

1. In this Order—

"the Act" means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976);

"competent authority" has the meaning assigned to it in Order 98 of these Rules;

Venue

2. (1) Proceedings to which this Order relates may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides, or carries on any profession, business or occupation.

Hearing to be otherwise than in public

(2) Such proceedings shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Application

3. An application for an attachment of earnings order under section 10 of the Act shall be preceded by the issue and service upon the maintenance debtor of a summons (Form 56.1 or 56.2 Schedule C, as the case may be). The order of the Court granting the application shall be in accordance with Form 56.3 or 56.4 Schedule C, as the case may be.

Service of order

4. The Clerk specified in an attachment of earnings order or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer to whom it is directed and upon any subsequent employer of the maintenance debtor concerned of whom the Clerk so specified or the maintenance creditor becomes aware.

Mode of service

5. Such service may be effected by leaving a copy of the order at, or sending a copy of the order by registered prepaid post to the residence or place of business in the State of the person to be served. A copy of the order shall also be sent by registered prepaid post to the maintenance debtor.

Receipt for payment

6. The Clerk shall issue a receipt for each payment made by any such employer and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, may transmit the payment to the competent authority.

Payment by Clerk

7. The Clerk may send by post any payment received by him or her under an attachment of earnings order to the person entitled thereto.

Order requiring statement of particulars

8. An order under section 13 (1) (b) of the Act requiring a statement of particulars of a maintenance debtor's earnings shall be in accordance with Form 56.5 Schedule C. The Clerk shall cause the order to be served upon the person to whom it is directed by sending a copy thereof by prepaid post to the residence or place of business in the State of such person.

Application for determination as to earnings

9. An application under section 15 of the Act for a determination as to whether payments of a particular class or description are earnings for the purposes of an attachment of earnings order shall be preceded by the issue and service of a summons (Form 56.6 Schedule C) upon each of the other parties to the proceedings.

Parties to such proceedings Order of Court

10. The parties to proceedings in respect of an application under rule 9 shall be the employer, the maintenance debtor and the person to whom payments under the order are being made. The order of the Court hearing such application shall be in accordance with Form 56.7 Schedule C. A copy of such order shall be sent by the Clerk by prepaid post to each of the parties to the proceedings.

Application to vary or discharge attachment of earnings order

11. An application under section 17 of the Act for the variation or discharge of an attachment of earnings order shall be preceded by the issue and service of a summons (Form 56.8 Schedule C) upon the maintenance creditor and/or the maintenance debtor, as the case may be. The order of the Court on hearing the application shall be in accordance with Form 56.9 Schedule C. The Clerk or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer in the manner prescribed in rule 5 of this Order.

Clerk to notify employer of cesser of order

12. Where an attachment of earnings order ceases to have effect the Clerk shall notify (Form 56.10 Schedule C) the employer accordingly.

Cesser of warrant and lapse of enforcement proceedings

13. Where an attachment of earnings order has been made, any proceedings commenced under section 8 of the Enforcement of Court Orders Act, 1940 , shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect.

Clerk to produce documents

14. On the hearing of an application for an attachment of earnings order the Clerk to whom payments under the maintenance order, variation order, interim order, or enforceable maintenance order are payable shall tender as evidence—

( a ) the maintenance order, variation order, interim order (as the case may be) and in the case of an enforceable maintenance order a copy of the maintenance order,

( b ) the request in writing received by the Clerk from the maintenance creditor,

( c ) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and

( d ) any other relevant document.

The Clerk shall also prove the amount of arrears due.

ORDER 57

PROCEEDINGS UNDER SECTION 8 of THE ENFORCEMENT OF COURT ORDERS ACT, 1940

Definition

1. In this Order "the Act" means the Enforcement of Court Orders Act, 1940 (No. 23 of 1940).

Venue

2. Proceedings to which this Order relates may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation or where the order which it is sought to enforce was made.

Information

3. An application under section 8 (1) of the Act shall be by sworn information in one of the Forms 57.1 to 57.3 Schedule C, as the case may be.

Warrant

4. A warrant of arrest which may be issued on foot of such information shall be in one of the Forms 57.4 to 57.6 Schedule C as the case may be.

Summons in lieu of warrant

5. A Judge may, however, if he or she thinks fit, instead of issuing such warrant of arrest as is provided by section 8 (1) of the Act, issue a summons in one of the Forms 57.7 to 57.9 Schedule C, as the case may be on foot of such information.

Warrant may issue notwithstanding issue of summons

6. Where, after the issue of the summons, it seems fit to the Judge, at any time before the date of hearing of the application to issue a warrant of arrest the Judge may issue such warrant notwithstanding the fact that a summons has already been issued.

Warrant of committal

7. A warrant of committal under section 8 (1) of the Act shall be in accordance with Form 57.10 or 57.11 Schedule C, as the case may be.

Distress warrant

8. A warrant of distress and sale under section 8 (1) of the Act shall be in accordance with Form 57.12 or 57.13 Schedule C, as the case may be.

Recognisance and warrant of detention

9. A recognisance under section 8 (2) of the Act shall be in accordance with Form 57.14 Schedule C. A warrant of detention on refusing to enter into a recognisance shall be in accordance with Form 57.15 Schedule C.

Warrant of committal

10. A warrant of committal under section 8 (2) (d) of the Act shall be in accordance with Form 57.16 Schedule C.

Clerk to produce documents

11. On the hearing of an application under section 8 (1) of the Act the Clerk to Whom payments under the maintenance order, variation order, interim order or enforceable maintenance order are payable shall tender as evidence—

( a ) the maintenance order, variation order, interim order, (as the case may be) and in the case of an enforceable maintenance order a copy of the maintenance order,

( b ) the request in writing received by the Clerk from the maintenance creditor,

( c ) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and

( d ) any other relevant document.

The Clerk shall also prove the amount of arrears due.

Provisions regarding warrants to apply

12. The provisions contained in Order 26 of these Rules regarding warrants shall apply to warrants issued under this Order with the proviso that warrants of distress shall be addressed to and executed by the several sheriffs and county registrars.

ORDER 58

CUSTODY AND GUARDIANSHIP OF INFANTS

Definitions

1. In this Order—

"the Act" means the Guardianship of Infants Act, 1964 (No. 7 of 1964);

"the Act of 1987" means the Status of Children Act, 1987 (No. 26 of 1987);

"infant" shall be construed in accordance with section 2 of the Age of Majority Act, 1985 (No. 2 of 1985)

Venue

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where any party to the proceedings resides or carries on any profession, business or occupation.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9 of this Order, be issued for, and the proceedings may be heard and determined at any sitting of the Court in that district.

Hearing to be otherwise than in public

3. Proceedings under the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Guardianship applications and court orders

4. (1) ( a ) An application to the Court under section 6A (inserted by section 12 of the Act of 1987) of the Act by the father of an infant whose father and mother have not married each other for an order appointing him to be a guardian of the infant shall be preceded by the completion by the applicant of a notice in the Form 58.1 Schedule C.

( b ) Where the mother of the infant consents in writing (Form 58.2 Schedule C) to the appointment of the father as a guardian and the applicant is registered as the father in a register maintained under the Births and Deaths Registration Acts, 1863 to 1987, the application may be made ex parte, subject to the prior lodgment with the Clerk of the completed notice (Form 58.1 Schedule C) together with the said consent in writing and a certified extract from the said register showing that the applicant is so registered.

( c ) In any other case, an application under the said section 6A shall be preceded by the issue and service of the notice (Form 58.1 Schedule C) upon the mother and upon any other guardian of the infant.

( d ) The order of the Court granting such application shall be in the Form 58.3 Schedule C.

(2) An application under section 7 (4) of the Act shall be preceded by the issue and service of a notice in the Form 58.4 Schedule C upon the surviving parent and upon any other guardian of the infant. The Order of the Court on hearing the application shall be in the Form 58.5, 58.6 or 58.7 Schedule C, as appropriate.

(3) An application to appoint a guardian or guardians under section 8 (1) of the Act shall be made ex parte in the first instance subject to the prior lodgment with the Clerk of a notice in the Form 58.8 Schedule C. The order of the Court thereon shall be in the Form 58.9 Schedule C.

(4) An application to appoint a guardian or guardians under section 8 (2) of the Act shall be made ex parte if made by the surviving parent, subject to the prior lodgment with the Clerk of a notice in the Form 58.10, Schedule C, and in any other case it shall be preceded by the issue and service of a notice in the Form 58.10 Schedule C upon that parent. The order of the Court thereon shall be in the Form 58.11 Schedule C.

(5) (i) An application to remove from office a guardian appointed by will or deed or order of court and to appoint another guardian in his or her place under section 8 (4) and 8 (5) of the Act shall be preceded by the issue and service of a notice in the Form 58.12 Schedule C upon each guardian of the infant. The order of the Court thereon shall be in the Form 58.14 Schedule C.

(ii) An application to appoint a guardian in place of a deceased guardian, under section 8 (5) of the Act, may be made ex parte where the infant has no guardian or where the applicant is the only guardian, subject to the prior lodgment with the Clerk of a notice in the Form 58.13 Schedule C, and in any other case it shall be preceded by the issue and service of the said notice upon each guardian of the infant. The order of the Court thereon shall be in the Form 58.15 Schedule C.

Application seeking Court's direction

5. Where the Court's direction is sought under section 11 (1) of the Act or section 11 (4) (inserted by section 13 of the Act of 1987) of the Act, the application therefor shall be preceded by the issue and service of a notice in the Form 58.16 Schedule C upon each of the other guardians or each of the guardians of the infant, as the case may be. The order of the Court thereon shall be in the Form 58.17 Schedule C.

Application to vary/discharge

6. An application under section 12 of the Act for an order varying or discharging a previous order shall be preceded by the issue and service of a notice in the Form 58.18 Schedule C upon each of the other guardians or each of the guardians of the infant as the case may be. The order of the Court thereon shall be in the Form 58.19 Schedule C.

Application for production of infant

7. An application under Part III of the Act for an order for the production of an infant shall be preceded by the issue and service of a notice in the Form 58.20 Schedule C upon the person having custody of the infant. The order of the Court thereon shall be in the Form 58.21 Schedule C which shall be served upon the said person. The order of the Court under Part III of the Act shall be in the Form 58.22, 58.23 or 58.24 Schedule C, as appropriate.

Custody/Right of access — non-compliance with direction

8. Where complaint is made to a Judge alleging an offence of failure or refusal, under section 5 of the Courts (No. 2) Act, 1986 , to comply with the requirements of a direction given in an order under section 7 or section 11 of the Act, the summons which may be issued and served upon the person against whom the offence is alleged shall be in the Form 58.25 or 58.26 Schedule C, as appropriate. The relevant provisions of Order 15 of these Rules shall apply in such case.

Service and lodgment of documents

9. (1) A notice or court order required by this Order to be served, may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days or, in the case of proceedings certified as urgent under rule 2 (2) hereof, at least two days, before the date of the sitting of the Court to which it is returnable.

(2) Save where service has been effected by the Clerk, the original of every such notice or order served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Clerk to supply copies of orders

10. Where the Court makes an order under the Act, the Clerk shall give, or send by ordinary post, a copy of such order to each person in whose favour or against whom the order was made.

11. The age of an infant may be proved by producing a certified extract from the Register of Births showing the date of the infant's birth.

Court may direct service

12. In any proceedings under the Act the Court may direct the service of notice upon any person not already served.

Effect of appeal from orders

13. Notwithstanding the provisions of Order 25, r. (4) and Order 101 of these Rules and that an appellant has entered into a recognisance for appeal, an appeal from an order made under the Act shall stay the operation of the order only if, and to such extent and upon such terms (if any) as, the Court shall determine.

ORDER 59

DOMESTIC VIOLENCE

Definitions

1. In this Order—

"the Act" means the Domestic Violence Act, 1996 ;

Venue

2. Proceedings under this Order may be brought, heard and determined before a sitting of the District Court for the Court District in which the applicant resides or, if the application is for a barring order, where there is situate the place in relation to which that application is made.

Hearing otherwise than in public

3. Proceedings under the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2 of these Rules) and such other persons as the Judge shall in the exercise of his or her discretion allow, shall be permitted to be present at the hearing.

Safety Order

4. (1) An application to the Court under section 2 (2) of the Act for a safety order shall be preceded by the issue and service upon the respondent of a summons in the Form 59.1, Schedule C.

(2) The order of the Court granting the application shall be in the Form 59.2, Schedule C.

Barring Order

5. (1) An application to the Court under section 3 (2) of the Act for a barring order shall be preceded by the issue and service upon the respondent of a summons in the Form 59.3, Schedule C.

(2) The order of the Court granting the application shall be in the Form 59.4, Schedule C.

Interim barring order

6. (1) Where an interim barring order is made under the terms of section 4 of the Act on the occasion of the making of an application for a barring order, it may be made on the evidence of applicant viva voce and on oath.

(2) Where an interim barring order is made under the terms of section 4 of the Act between the making of an application for a barring order and its determination, it shall be made on the information on oath and in writing of the applicant in the Form 59.5, Schedule C.

(3) Where the Court in exceptional cases considers it necessary or expedient in the interests of justice, an interim barring order may be made ex parte or notwithstanding the fact that the summons referred to in rule 5 of this Order has not been served.

(4) The order of the Court shall be in the Form 59.6, Schedule C.

Protection Order

7. (1) Where a summons applying for a safety order or a barring order has been issued but the application has not been determined by the Court, an application may be made to the Court ex parte under section 5 (1) of the Act for a protection order pending such determination.

(2) An application to the Court under section 5 of the Act for a protection order, save where made in the course of the hearing of an application for a safety order or a barring order, shall be by sworn information in the Form 59.7, Schedule C.

(3) The Order of the court granting a protection order under the terms of section 5 of the Act shall be in the Form 59.8, Schedule C.

Vary Safety Barring Interim Barring Protection Order

8. (1) An application to the Court under section 2 (3) to vary a safety order, section 3 (6) to vary a barring order, section 3 (6) as applied by section 4 (2) to vary an interim barring order or section 5 (2) to vary a protection order, shall be preceded by the issue and service of a summons in the Form 59.9, Schedule C.

(2) The Order of the Court granting the application shall be in the Form 59.10, Schedule C.

Discharge Safety, Barring Interim Barring Protection Order

9. (1) An application to the Court under section 13 (1) of the Act for the discharge of a safety order, a barring order, an interim barring order or a protection order shall be preceded by the issue and service of a summons in the Form 59.11, Schedule C.

(2) The order of the Court granting the application shall be in the Form 59.12, Schedule C.

Clerk to supply copies of orders

10. (1) Where the Court makes, varies or discharges a safety order or a protection order, the Clerk shall give or send a certified copy of the order in question as soon as practicable.

( a ) to the applicant for the safety order or, in respect of a protection order, the applicant for the safety order or barring order concerned,

( b ) to the respondent to the application for the safety order or in respect of a protection order, the respondent to the application for the safety order or barring order concerned,

( c ) where a health board by virtue of section 6 of the Act made the application for the safety order or, in respect of a protection order, for the safety order or barring order, to the health board,

by ordinary prepaid post, and

( d ) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person for whose benefit the safety order or protection order was made resides, and

( e ) where the order in question is a variation or discharge of a safety , order or a protection order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that person had so resided but only if that member had previously been sent under this Rule a copy of such safety order or protection order or any order relating thereto

by prepaid registered post.

(2) Where the Court makes, varies or discharge a barring order or an interim barring order, the Clerk shall give or send a certified copy of the order in question as soon as practicable

( a ) to the applicant for the barring order,

( b ) to the respondent to the application for the barring order,

( c ) where a health board by virtue of section 6 of the Act made the application for the barring order concerned, to the health board,

by ordinary prepaid post, and

( d ) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the barring order was made, and

( e ) where the order in question is a variation or discharge of a barring order or an interim barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situated that place but only if that member had previously been sent under this Rule a copy of such barring order or interim barring order or any order relating thereto,

by prepaid registered post.

Clerk to notify Gardaí when Interim barring order ceases to have effect

11. (1) Where an interim barring order has been made and the application for a barring order has been determined, the Clerk shall send notice in the Form 59.13, Schedule C that the interim barring order has ceased to have effect, by prepaid registered post to the member of the Garda Síochána referred to in Rule 10 (2) (d) or (e), as the case be.

Clerk to notify Gardaí when Protection Order ceases to have effect.

(2) Where a protection order has been made and the application for a safety order or a barring order has been determined, the Clerk shall send notice in the Form 59.13, Schedule C that the protection order has ceased to have effect, by prepaid registered post to the member of the Garda Síochana referred to in Rule 10 (1) (d) or (e), as the case may be.

Service of Summonses

12. (1) A summons issued under these Rules shall be served by the Clerk by prepaid ordinary post upon the person to whom it is directed at least seven days before the date fixed for the hearing of the application. Where, however, the Clerk having consulted the Judge for the time being assigned to the Court District in which the summons is being issued, certifies on the summons that the proceedings are urgent, such summons may be served at least two days before the date fixed for the hearing.

(2) The Clerk shall endorse on the original of every such summons served the time, date and place of posting of the envelope containing the copy summons for service and that endorsement shall be prima facie evidence of such service.

(3) The summons shall be deemed to be issued when it has been signed by the Judge or the Clerk. It shall be deemed to be served at the time at which the said envelope would be delivered in the ordinary course of post.

Effect of appeal from orders

13. (1) Notwithstanding the provisions of Order 25, r. 9 (4) and Order 101 of these Rules and that an appellant has entered into a recognisance for appeal,

( a ) an appeal from a safety order or a barring order shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination;

( b ) an appeal from a protection order or an interim barring order shall not stay the operation of the order.

(2) ( a ) An application to the District Court to stay the operation of a safety order or a barring order under the terms of section 12 of the Act, may be made following the service and lodgment of a notice of appeal and lodgment of the recognizance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 59.14, Schedule C which shall be served upon the respondent to the application two days before the hearing of the application.

( b ) Where the Court grants a stay on the operation of a safety order or a barring order under this Rule, and the Clerk has supplied the copies of the orders as directed by Rule 10 of this Order, the Clerk shall send notification of the granting of the stay in the Form 59.15, Schedule C to the same persons and in the manner directed by Rule 10 of this Order.

ORDER 60

PROTECTION OF THE FAMILY HOME

Definition

1. In this Order—

"the Act" means the Family Home Protection Act, 1976 (No. 27 of 1976).

Venue

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area in which the family home, as defined in section 2 of the Act, is situate.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the court district within which such court area is situate, certifies on a notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9 hereof, be issued for, and the proceedings may be heard and determined at any sitting of the Court for that district.

Hearing to be otherwise than in public

3. Proceedings under or referred to in the Act in which each spouse is a party (whether by joinder or otherwise) shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Application under sec. 9 (1)

4. An application by a spouse under section 9 (1) of the Act for an order prohibiting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.1 Schedule C. The order of the Court granting the application shall be in the Form 60.2 Schedule C, a copy of which shall be served upon the respondent spouse.

Application under sec. 9 (2)

5. An application by a spouse under section 9 (2) of the Act for an order permitting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.3 Schedule C. The order of the Court granting the application shall be in the Form 60.4 Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under sec. 9 (4)

6. Where complaint is made by a spouse to a Judge under section 9 (4) of the Act that the other spouse has contravened the provisions of section 9 (2) of the Act, the summons which may be issued and served upon the other spouse shall be in the Form 60.5 Schedule C. The relevant provisions of Order 15 of these Rules shall apply in such case.

Application under sec. 9 (5)

7. An application by a spouse under section 9 (5) of the Act for an order that the respondent spouse provide household chattels for the applicant spouse or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.6 Schedule C. The order of the Court granting the application shall be in the Form 60.7 Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under sec. 15

8. Where complaint is made to a Judge under section 15 of the Act that a person knowingly gave information which was false or misleading in any material particular, the summons which may be issued and served upon that person shall be in the Form 60.8 Schedule C. The relevant provisions of Order 15 of these Rules shall apply in such case.

Service and lodgment of documents

9. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 10 of these Rules and every such notice shall be served at least fourteen days or, in the case of proceedings certified as urgent under rule 2 (2) hereof, at least two days before the date of the sitting of the Court to which it is returnable.

(2) Save where service has been effected by the Clerk, the original of every such notice or summons served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Joinder of parties

10. The provisions of Order 42 (Third Party Procedure) of these Rules shall, with necessary modifications, apply to the proceedings mentioned in section 11 of the Act.

ORDER 61

USE OF BLOOD TESTS IN DETERMINING PARENTAGE

Definitions

1. In this Order—

"the Act" means the Status of Children Act, 1987 (No. 26 of 1987);

"the Regulations" means the Blood Tests (Parentage) Regulations, 1988 ( S.I. No. 215 of 1988 );

"direction form" means Form 1 in the Schedule to the Regulations;

"sampler" has the meaning assigned to it in Regulation 3 of the Regulations;

Application for a direction for the use of blood tests

2. (1) Where in any civil proceedings before the Court the parentage of any person is in question, an application under section 38 (1) of the Act by a party to the proceedings for a direction for the use of blood tests shall be preceded by the issue and service of a notice in the Form 61.1 Schedule C. Such notice shall be served by registered prepaid post upon the other party or parties to the proceedings and upon each person in respect of whom the direction is sought or, where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her and shall be served at least fourteen days before the date of hearing of the application.

(2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

(3) Where the Court of its own motion proposes to give a direction for the use of blood tests or where application for such a direction is made in the course of hearing the proceedings, and if each of the parties to the proceedings and each person in respect of whom the direction is proposed or sought (or his or her legal or other representative, as the case may be) is then present in court, the Court may dispense with the requirement to serve notice of application.

(4) The direction of the Court shall be in the Form 61.2 Schedule C, and shall be served by prepaid ordinary post upon each person in respect of whom it was given or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.

Order revoking or varying a direction

3. Where under section 38 (3) of the Act the Court revokes or varies a direction previously given under section 38 (1) of the Act, the order so revoking or so varying shall be in the Form 61.3 Schedule C, and shall be served by prepaid ordinary post upon each person directly affected by that order or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.

Notice of intention to call witness

4. (1) A notice under section 40 (5) of the Act by a party to civil proceedings of that party's intention to call a person as a witness shall be in the Form 61.4 Schedule C. Such notice shall be served by registered prepaid post upon the other parties to the proceedings or upon such of them as the Court may direct, at least fourteen days before the sitting of the Court at which it is intended to call as a witness the person named in the notice.

(2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said sitting of the Court.

Clerk to send direction form to sampler

5. Where the Court gives a direction under section 38 (1) of the Act, the Clerk shall complete and sign Part I and the appropriate section of Part II of a direction form as prescribed in the Regulations and shall send that form by prepaid ordinary post to the sampler named in the direction.

ORDER 62

PROCEEDINGS UNDER

THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968 OR

THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 1988 OR

THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS OR

THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE.

Definitions

1. In this Order—

"the Act of 1976" means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976);

"the Act of 1988" means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 (No. 3 of 1988);

"the Act of 1993" means the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 (No. 9 of 1993);

"the Act of 1994" means the Maintenance Act, 1994 (No. 28 of 1994);

"the Conventions" means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention as defined in section 1 of the Act (as amended by section 3 of the Act of 1993);

"the 1968 Convention" means the Convention on Jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) done at Brussels on the 27th day of September, 1968, (as adjusted by the Accession Conventions of 1978, 1982 and 1989);

"the Lugano Convention" means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September, 1988, and includes Protocol 1;

"the New York Convention" means the Convention on the recovery abroad of maintenance done at New York on the 20th day of June, 1956;

"the Central Authority" means a Central Authority appointed by order of the Minister for Equality and Law Reform under subsection (1) (a) of section 4 of the Act of 1994 to discharge the functions required of it under the Act of 1994 or required of a Central Authority under the Rome Convention or of a transmitting agency or receiving agency under the New York Convention, however as provided by paragraph (b) of that subsection, pending the appointment of a Central Authority the said Minister shall discharge its functions and references in this Order to the Central Authority shall be construed accordingly as reference to the Minister;

"central authority of a reciprocating jurisdiction", when used in the context of proceedings under Part III of the Act of 1994, means:—

( a ) the central authority of such a jurisdiction which has been designated pursuant to paragraph 1 or, where appropriate, paragraph 2 of Article 2 of the Rome Convention, or

( 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:—

( a ) a transmitting or receiving agency in a state which is a contracting party to the New York Convention, or

( b ) an authority of a designated jurisdiction with functions corresponding to those exercisable by the Central Authority within the State;

"Contracting State",

( a ) when used in the context of proceedings under the 1968 Convention, has the meaning assigned to it in section 1 (1) of the Act of 1988 (as substituted by section 3 of the Act of 1993), and,

( 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 in accordance with Article 61 or 62 thereof;

"reciprocating jurisdiction" means a Contracting State (within the meaning of the Acts of 1988 and 1993) which is declared by order of the Minister for Foreign Affairs to be a reciprocating jurisdiction;

"designated jurisdiction" means:—

( a ) any state which is a contracting party to the New York Convention, or

( 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 Act of 1994;

"maintenance creditor" includes any body which, under the law of a reciprocating jurisdiction, is entitled to exercise their rights of redress of, or to represent, the creditor, and references in District Court Rules to a maintenance creditor or to a claimant (as defined herein) shall be construed as including references to the Central Authority;

"claimant" means, according to the context, either:—

( a ) a person residing in a designated jurisdiction (including any body which under the law of that jurisdiction is entitled to exercise the rights of redress of or to represent that person) and claiming pursuant to Part III of the Act of 1994 to be entitled to receive maintenance from a person residing in the State, or

( b ) a person residing in the State including a competent authority within the meaning of Park IX (Liability to Maintain Family) of the Social Welfare (Consolidation) Act, 1993 ] and claiming pursuant to Part III of the Act of 1994 to be entitled to recover maintenance from a person residing in a designated 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 Part III of the Act of 1994 by a person residing in a designated jurisdiction, or

( b ) a person residing in a designated jurisdiction from whom maintenance is sought to be recovered pursuant to Part III of the Act of 1994 by a person residing in the State.

"domiciled" shall be construed in accordance with section 13 and the Fifth Schedule of the Act of 1988 (as applied by the Act of 1993) and Articles 52 and 53 of both the 1968 Convention and the Lugano Convention;

"enforceable maintenance order" has the meaning assigned to it in section 7 (1) of the Act of 1988 (as applied by section 11 of the Act of 1993 and as substituted by section 11 of the Act of 1994);

the terms "enforcement order", "judgment" and "maintenance debtor" have the meanings assigned to them respectively in section 1 (1) of the Act of 1988 or, as the case may be, section 11 (2) of the Act of 1993.

"maintenance order" has the meaning assigned to it by section 1 of the Act of 1988 as amended by section 9 of the Act of 1994, and includes, where the context is appropriate, an instrument or settlement referred to in Article 50 or 51 of the 1968 Convention or the Lugano Convention in so far as it provides for the payment of maintenance.

PART I — CIVIL PROVISIONS

Venue in insurance matters

2. Whenever it is proposed to bring proceedings before the District Court by virtue of Article 8.2 (which relates to insurance matters) of either the 1968 Convention or the Lugano Convention against an insurer domiciled in a Contracting State other than the State and the policyholder is domiciled in the State, such proceedings may be brought, heard and determined at any sitting of the Court for the transaction of civil business for the district court area in which the policy-holder is ordinarily resident or carries on any profession, business or occupation.

Venue in consumer contracts

3. Whenever a consumer who is domiciled in the State proposes to bring proceedings before the District Court by virtue of Article 14 (which relates to consumer contracts) of either the 1968 Convention or the Lugano Convention against the other party to a contract and that other party is domiciled in a Contracting State other than the State, such proceedings may be brought, heard and determined at any sitting of the Court for the transaction of civil business for the district courtarea in which the consumer is ordinarily resident or carries on any profession, business or occupation.

Application of The Hague Convention

4. (1) The provisions of The Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (hereinafter referred to as The Hague Convention) shall apply to proceedings brought in the District Court by virtue of the Conventions.

(2) When any document for use in such proceedings is required by this Order to be served and such document is to be served upon a person in another State which is a party to The Hague Convention, service shall be effected in accordance with the provisions (including Articles 8 to 11) of that Convention and this Order.

Institution of proceedings against person domiciled abroad

5. (1) This Order shall not apply to the institution of proceedings under section 17 of the Maintenance Orders Act, 1974 against a person residing in a reciprocating jurisdiction, which are provided for in Order 55 of these Rules.

(2) The provisions of Order 11 (Service Out of the Jurisdiction) of these Rules shall not apply to proceedings being instituted in the District Court by virtue of the Conventions or as the case may be, the Lugano Convention, against a person who is domiciled in a Contracting State other than the State, and service may be effected without prior leave of the Court.

— where defendant is not a citizen of Ireland

(3) Whenever proceedings are instituted in the District Court by virtue of the Conventions or the Lugano Convention against a person who is domiciled in a 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 instituting the proceedings in the Form 62.1 Schedule C and not the document itself shall be served upon that person.

(4) A plaintiff or solicitor for a plaintiff may institute such proceedings by completing, signing, stamping (if so required) the civil summons or other document instituting the proceedings and lodging it, together with duly completed originals and copies of the notice (Form 62.1 Schedule C) and of a certificate in the Form 62.2 Schedule C with the Clerk for the area for which the proceedings are to be issued. The Clerk shall stamp them with the official stamp showing the date of lodgment and shall, having regard to the provisions of paragraph (5) of this rule, list the proceedings for hearing before the Court and, having recorded the place, date and time of hearing on the civil summons or other document instituting the proceedings and the notices, shall return all documents to the plaintiff or the solicitor, as the case may be.

(5) A notice and certificate returned under paragraph (4) of this rule shall be served as indicated in rule 4 of this Order (which may include service by post provided the State of destination has not made an objection to such service under Article 10 (a) of The Hague Convention) or, where appropriate, in accordance with the provisions of Order 11 of these Rules, upon the defendant and, when a the documents are to be served in the European territory of another Contracting State they shall be served at least five weeks prior to the date of sitting of the Court before which the proceedings have been listed for hearing. Where the documents are to be served in any non-European territory of another Contracting State, they shall be served at (east six weeks prior to that date.

(6) Upon receipt of the certificate of service prescribed in Article 6 of The Hague Convention the Plaintiff (or solicitor for the Plaintiff) shall lodge with the Clerk the originals of

— the civil summons or other document instituting the proceedings,

— (where appropriate) the notice of institution of proceedings (Form 62.1) which was served,

— the certificate (Form 62.2) which was served, and

— the certificate of service,

at least four days prior to the said date of sitting of the Court.

(7) Where service has been effected by registered post or insured post the following provisions shall apply—

( a ) the plaintiff or plaintiff's solicitor shall, not earlier than ten days after the date of posting, lodge with the Clerk the relevant documents listed in paragraph (6) hereof, together with a statutory declaration as to service of the documents posted, the certificate of posting and the advice of delivery form (when returned);

( b ) the documents issued for service shall be deemed to have been issued at the time at which the envelope containing the copies for service was posted;

( c ) the said documents shall, subject to the provisions of Article 15 of The Hague Convention; be deemed to have been served at the time at which the said envelope would be delivered in the ordinary course of post;

( d ) the statutory declaration as to service, the certificate of posting and the advice of delivery form shall, subject to the provisions of the said Article 15, together be sufficient evidence of such service.

— where defendant is a citizen of Ireland

6. Whenever proceedings are instituted in the District Court by virtue of the Conventions or the Lugano Convention against a person who is domiciled in a Contracting State other than the State, and that person is a citizen of Ireland, the civil summons or other document instituting the proceedings, with necessary modifications, may be served (rather than notice thereof). Subject to the foregoing proviso, the requirements of rule 5 of this Order shall apply in such cases and shall be construed accordingly. Two notices of intention to appear must be served in each case.

Notice of intention to appear

7. Where, in proceedings to which rule 5 or 6 of this Order relates, a defendant intends to appear or to be represented at the hearing for the purpose of defending the proceedings andlor, by virtue of Article 18 of either the 1968 Convention or the Lugano Convention for the purpose of Contesting the jurisdiction of the Court, the defendant or solicitor for the defendant shall complete, detach and send by post to the Clerk one of the Notices of Intention to Appear (and Defend) which were received so soon as to reach the Clerk's office not later than four days before the date fixed for the hearing, and shall at the same time complete, detach and send by post to the plaintiff or solicitor for the plaintiff the other such Notice received.

Hearing of proceedings

8. (1) The provisions of Order 45 (Judgment in Default) of these Rules shall not apply to proceedings to which this Order relates.

(2) At the hearing of proceedings referred to in rule 5 or 6 hereof the Clerk shall produce to the Court any communication or correspondence received from the defendant.

Where defendant does not appear

(3) Where the defendant 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 defendant or to the defendant's address of the envelope containing the copy documents for service referred to in rule 5 (5) of this Order.

(4) Where the defendant fails to appear and is not represented at the hearing and no notice of intention to appear has been received from the defendant, it shall be necessary for the plaintiff or solicitor for the plaintiff to show to the satisfaction of the Court—

( a ) that each claim made in the document instituting the proceedings is one which, by virtue of the provisions of the Conventions or, as the case may be, the Lugano Convention, the Court has jurisdiction to hear and determine,

( b ) that no other Court has exclusive jurisdiction within the meaning of the 1968 Convention or, as the case may be, the Lugano Convention to hear and determine such claim,

( c ) that no proceedings involving the same cause of action are pending between the parties in another Contracting State,

( d ) that the defendant was duly served with the document instituting the proceedings or notice thereof, and

( e ) that the defendant has been able to receive the said document or notice in sufficient time to enable him or her to arrange for his or her defence, or all necessary steps have been taken to this end, as required by Article 20 of either the 1968 Convention or, as the case may be, the Lugano Convention.

(5) Where the defendant has not appeared or given notice to defend, judgment shall not be given until the requirements of Article 15 of The Hague Convention (as set out in Order 11 rule 10 of these Rules have been complied with.

(6) Notwithstanding the provisions of sub-paragraph (5) above, the Court may give judgment even if no certificate of service or delivery as provided for by The Hague Convention has been received, if all the conditions listed in the said Article 15 (as set out in Order 11 rule 11 of these Rules) are fulfilled.

(7) Where the Court gives judgment against a defendant in proceedings to which this rule relates, the plaintiff, (or solicitor for the plaintiff) shall forthwith notify the defendant of having obtained such judgment.

(8) Where judgment has been given in such proceedings against a defendant who has not appeared and that defendant wishes to apply for an extension of time for appeal from the judgment, the provisions of Order 11 rule 12 of these Rules shall apply in every such case.

Enforcement of judgments abroad provision of documents

9. (1) An interested party who, for the purposes of Articles 46 and 47 of either the 1968 Convention or, as the case may be, the Lugano Convention, requests the provision of the documents mentioned in section 12 of the Act of 1988 as applied by section 11 of the Act of 1993 in respect of a judgment given in the District Court, shall lodge with the Clerk for the district court area in which the judgment was given—

( a ) an original and two copies of the judgment, duly completed.

( b ) a certificate in duplicate in the Form 62.3 Schedule C, and

( c ) where appropriate, an original and copy or copies of the document or documents establishing that notice of the institution of proceedings was served upon the defendant.

(2) When the judgment has been signed by the Judge and served in accordance with the provisions of rule 10 hereof, the Clerk shall give to the party requesting them a duly authenticated copy of the judgment, a certificate in the Form 62.3 Schedule C and a certified true copy or copies of the document or documents referred to in paragraph 1 (c) of this rule, and shall retain the other documents in his or her custody.

Service of judgment and proof of service

10. (1) Where, for the purposes of Article 47 of either the 1968 Convention or the Lugano Convention, it is necessary to serve upon a defendant a judgment given at a sitting of the District Court, such service shall be effected by or on behalf of the plaintiff and in accordance with the provisions (including Articles 8 to 11) of The Hague Convention and this Order. When service has been effected and duly certified, the certificate of service or, where appropriate, the certificate of posting, statutory declaration as to service and the advice of delivery form, shall be lodged with the Clerk for retention with the original judgment.

(2) Upon the request of a party applying for enforcement of such a judgment for the provision of the documents referred to in Article 47.1 of either the 1968 Convention or the Lugano Convention, the Clerk shall give to that party a certificate in the Form 62.4 Schedule C (with any necessary modifications) and certified copy or copies of the relevant document or documents lodged under paragraph (1) of this rule.

PART II—ENFORCEMENT OF CERTAIN FOREIGN MAINTENANCE ORDERS UNDER THE ACT OF 1988 AS AMENDED BY THE ACT OF 1993

Order not to apply to the enforcement of UK maintenance orders

11. This Order shall not apply to the enforcement of maintenance orders made in a reciprocating jurisdiction as provided for in section 14 of the Maintenance Orders Act, 1974 and to which Order 55 of these Rules relates.

Clerk to register enforceable maintenance order, etc. and to notify parties

12. (1) Where a copy of a maintenance order or a copy of an order varying or revoking such an order, in respect of which an enforcement order has been made, is received together with a copy of relevant enforcement order by a District Court Clerk from the Master of the High Court (or in the case of an instrument of settlement, the High Court) such Clerk shall register particulars of each document received.

(2) If the enforcement order has been made in respect of a maintenance order or an order varying a maintenance order, the Clerk shall send by registered post to the maintenance creditor and the maintenance debtor a notice in the Form 62.5 Schedule C.

(3) If the enforcement order has been made in respect of an order revoking a maintenance order, the Clerk shall send by registered post to the maintenance debtor a copy of such revocation order and a statement of any amounts still due and payable under the maintenance order.

Procedure where debtor changes address

13. (1) Where a maintenance debtor ceases to reside in the district court area in which the proceedings have been registered and commences to reside elsewhere in the State, the Clerk for the said district court area shall forward to the Clerk for the district court area in which the maintenance debtor is for the time being residing the following documents—

( a ) a copy of the maintenance order and a copy of the relevant enforcement order,

( b ) a certificate of arrears in the Form 62.6 Schedule C,

( c ) a copy of the variation order (if any),

( d ) any other relevant document.

(2) The Clerk receiving the said documents shall proceed as if the copy of the maintenance order and the copy of the enforcement order had been received from the Master of the High Court (or in the case of an instrument or settlement, the High Court).

Recovery arrears by Clerk

14. (1) Whenever a District Court Clerk receives a request in writing from a maintenance creditor under section 7 (7) (b) of the Act of 1988 as applied by section 11 of the Act of 1993 and as substituted by section 11 of the Act of 1994 in relation to any sum payable by virtue of an enforceable maintenance order but not duly paid, such Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or Order 57 (Proceedings under section 8 of the Enforcement of Court Orders Act, 1940 ) of these Rules.

(2) Where it appears to a District Court Clerk that any sums payable to him or her under an enforceable maintenance order for transmission to the maintenance creditor are in arrears and he or she has received no request in writing under the said section 7 (7) (b) in relation thereto, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Application by virtue of Articles 2 and 5.2 of the 1968 Convention

15. An application to the District Court being brought—

( a ) by virtue of Article 5.2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled or habitually resident in the State against a maintenance debtor domiciled in a Contracting State other than the State for the variation of a maintenance order,

( b ) by virtue of Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled in a Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance order, or

( c ) by virtue of Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance debtor domiciled in a Contracting State other than the State against a maintenance creditor domiciled in the State for the variation or revocation of a maintenance order,

shall be preceded by the issue and service upon the defendant party of a summons in the Form 62.7 Schedule C or, where appropriate, notice thereof in the Form 62.1 Schedule C, with any necessary modifications, where the defendant party is domiciled in a Contracting State other than the State, and the provisions of this Order shall apply. The order of the Court granting the application shall be in the Form 62.8 Schedule C and shall be served upon a party within the jurisdiction by registered post and upon a party domiciled in another contracting state in accordance with the provisions (including Articles 8 to 11) of The Hague Convention and this Order.

PART III — RECOVERY OF MAINTENANCE

— MAINTENANCE ACT, 1994 — PART II

— RECIPROCATING JURISDICTIONS

— THE ROME CONVENTION

Enforcement Order

16. If a judgment or an instrument or settlement referred to in Articles 50 or 51 of the Brussels Convention or the Lugano Convention does not relate solely to maintenance, these Rules shall apply only to those parts that relate to maintenance, and upon receipt of an enforcement order made by the High Court, in relation thereto, the Clerk shall proceed as indicated in rule 17 hereof.

Application from reciprocating jurisdiction

17. Where, pursuant to section 7 (1) of the Act of 1994, the Central Authority, on receipt of an application for the recognition or enforcement in the State of a maintenance order which has been transmitted by the Central Authority of a reciprocating jurisdiction, sends the application to

( a ) the Master of the High Court for determination in accordance with section 5 of the Act of 1988, or

( b ) the High Court for determination in accordance with Article 31 of the Brussels or Lugano Conventions

and, where an enforcement order is made under sections 7 (2) or 7 (7) of the Act of 1994, as appropriate, and the orders are sent to the appropriate District Court Clerk, such clerk shall register the documents and proceed to enforce the enforceable maintenance order in accordance with the provisions of this order.

PART IV — RECOVERY OF MAINTENANCE

— MAINTENANCE ACT, 1994

— DESIGNATED JURISDICTIONS

— THE NEW YORK CONVENTION

Enforcement Order — Procedure-accompanied by order

18. Where the Central Authority receives a request from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State ("the respondent"), and (such request being accompanied by an order of a Court in a Contracting State (within the meaning of the Acts of 1988 and 1993) ], the Central Authority transmits the request pursuant to section 14 (1) (a) of the Act of 1994 to the Master of the High Court for determination in accordance with section 5 of the Act of 1988, and where the Master, having made an enforcement order in respect of the maintenance order, sends those orders to the appropriate District Court Clerk, such Clerk shall proceed as indicated in rule 16 of these Rules.

Application to District court to enforce

19. (1) Where the Central Authority receives a request referred to in rule 18 hereof and such request is accompanied by an order made by any other Court and the Central Authority is of opinion that the order may be enforceable in the State the Central Authority may make application pursuant to section 14 (1) (b) of the Act of 1994 at any sitting of the District Court for the relevant district court district (as set out in section 14 (11) of the Act of 1994) for the enforcement of the order.

— on notice

(2) Such application shall be preceded by the issue and service of a notice, in the Form 62.9 Schedule C upon the respondent. The notice shall be accompanied by a copy of the documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

(3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with a statutory declaration as to service thereof and the certificate of posting, at least four days prior to the said date of hearing.

Clerk to send copy orders

(4) Where, upon hearing the application, the Court makes an order for the enforcement of the order of the court in the designated jurisdiction for the recovery of maintenance such order of the Court shall be in the Form 62.10 Schedule C and copies thereof shall be sent by the Clerk to the Central Authority and the respondent.

and enforce order

(5) When the Court makes such an order the Clerk shall proceed to enforce the enforceable maintenance order as indicated in rule 16 of these Rules.

Enforcement procedure where not accompanied by order—

20. (1) Where the Central Authority receives a request referred to in rule 17 hereof and either:—

( a ) such request is not accompanied by an order referred to in rule 17 or in rule 18 hereof, or

( b ) enforcement of the order is refused,

— application to District Court

and the Central Authority intends to make an application to the District Court pursuant to section 14 (1) (c) (ii) of the Act of 1994, for the recovery of maintenance in accordance with the request, such application may be made at any sitting of the Court for the relevant Court District (as set out in section 14 (11) of the Act of 1994) and shall be deemed (as provided in subsection (3) of that section) to be an application for a maintenance order under section 5, 5A or 21A of the Act of 1976, as appropriate.

— on notice

(2) The application shall be preceded by the issue and service of a notice, in the Form 62.11 Schedule C upon the respondent. The notice shall be accompanied by a copy of documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

(3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with the certificate of posting, at least four days prior to the said date of hearing.

(4) Where, upon hearing the application, the court makes a maintenance order, the Clerk shall proceed in accordance with the relevant provisions of the Order 54 and this Order, and the forms therein provided (with any necessary modifications) may be used.

Deposition of respondent

21. Where the court, on an application to it under section 14 (1) (c) of the Act of 1994, takes evidence from the respondent on sworn deposition, such deposition shall be in the Form 62.12 Schedule C, a copy thereof shall be sent by the Clerk to the Central Authority for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit.

Transfer for use of television link

22. Where, at the hearing of an application under section 14 (1) (c) of the Act of 1994, the Court makes an order pursuant to subsection (7) of that section transferring the proceedings to a district court district where facilities are available for taking the evidence of the claimant or of any witness through a live television link, such order shall be in the Form 62.13 Schedule C. The Clerk shall forward a copy thereof, together with any other documents in his or her possession relating to the proceedings, to the appropriate District Court Clerk.

Deposition of claimant

23. A request by the claimant to give evidence on sworn deposition before the District Court pursuant to section 15 (2) (a) of the Act of 1994 may be made at any sitting of the Court for the district court district in which the claimant resides or carries on any profession, business or occupation. A deposition, taken under that provision shall be in the Form 62.14 Schedule C and the certificate of the Court required under that provision (which may be added at the foot of the deposition) shall be in the Form 62.15 Schedule C. A certified copy of the deposition and certificate shall be given by the Clerk to the claimant.

24. The certificate to be given by the Clerk to a claimant on request, pursuant to section 15 (3) (b) of the Act of 1994, shall be in the Form 62.16 Schedule C.

Taking of evidence for a designated jurisdiction

25. (1) Subject to the provisions of subsection (8) of section 19 of the Act of 1994, where on request from the Master of the High Court, pursuant to section 19 (2)of the Act of 1994, a Judge of the District Court proposes to take the evidence of a person for the purposes of proceedings in a designated jurisdiction for the recovery of maintenance, the Clerk shall issue and serve notice, in the Form 62.17 Schedule C upon the person concerned, the Central Authority, the Master of the High Court and upon such other persons as the judge thinks fit. The notice shall be served by registered post at least twenty-one days prior to the date fixed for taking the evidence.

(2) Where such evidence is taken on sworn deposition, the deposition shall be in the Form 62.18 Schedule C. The Clerk shall send a certified copy thereof to the Central Authority for transmission to the requesting authority.

(3) Where, as provided for in section 19 (9) of the Act of 1994, the requesting authority makes a request for the taking of evidence directly to the District Court, the provisions of this rule shall, with any necessary modifications, apply in relation to such a request.

(4) If it is not possible to take the evidence within four months of the receipt of the request by the Central Authority, the Judge shall certify in the Form 62.21 Schedule C the reasons for the non-execution of the request or for the delay in executing it and the Clerk shall send the same to the Central Authority for transmission to the requesting authority.

PART V— MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS II, III AND IV REFER

Currency of payments

26. An amount payable in the State under:—

( a ) an enforceable maintenance order by virtue of an enforcement order as provided for in the Act of 1988, or

( b ) an order for recovery of maintenance which is made by a Court in a jurisdiction other than the State and is enforceable in the State as provided for in the Act of 1994,

shall be paid in the currency of the State and if the amount is stated in the enforceable maintenance order or order for recovery, as the case may be, in a currency other than the currency of the State, the payment shall be made on the basis of the exchange rate prevailing on the date of the making of the enforcement order or of the order of a court in the State for the enforcement of the order, for the recovery of maintenance between that other currency and the currency of the State.

Clerk to give receipt for and transmit payments

27. (1) The District Court Clerk shall give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him or her under an order referred to in rule 26 hereof and shall transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it, having due regard to the provisions of subsections 2 (a) and 2 (b) of section 4 of the Act of 1994.

(2) Before transmitting any such payment abroad the Clerk shall comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and shall, where necessary for that purpose, produce the order referred to in rule 26 hereof to an authorised dealer (i.e. a licensed bank) for inspection.

Venue for proceedings by creditor

28. (1) Proceedings by or on behalf of the maintenance creditor being brought in the District Court under the Act of 1988 as applied by section 11 of the Act of 1993 for the enforcement of an enforceable maintenance order, may be brought, heard and determined.

( a ) in case the maintenance debtor under the enforceable maintenance order concerned resides in the State, at any sitting of the Court for the district court district in which the maintenance debtor resides,

( b ) in case the maintenance debtor does not reside in the State but is in the employment either of a person residing or having a place of business in the State or of a corporation or association having its seat therein, at any sitting of the Court for the district court district in which that person resides or, as the case may be, the corporation or association has its seat.

(2) Proceedings being brought by the maintenance creditor by virtue of Article 2 of either the 1968 Convention or the Lugano Convention for the variation of a maintenance order made in a Contracting State other than the State may be brought, heard and determined at any sitting of the Court for the district court district in which the maintenance debtor is domiciled.

PART VI— MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS III AND IV REFER

Obtaining information on debtor

29. (1) An application by the Central Authority to the District Court under section 20 (2) of the Act of 1994 for an order requiring a person or body (not being a person information or body mentioned in subsection (1) of that section) to provide to the Central Authority information as to the whereabouts, place of work, or location and extent of the assets of a maintenance debtor (within the meaning of the Act of 1988) or respondent may be made at any sitting of the Court for the district court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation, and notice of such application in the Form 62.19 Schedule C shall be lodged with the Clerk at least four days prior to the date of hearing.

(2) Where the Court grants the application and makes the order sought, such order shall be in the Form 62.20 Schedule C and the Central Authority shall forward a copy thereof to the person or body concerned.

ORDER 63

AUCTIONEERS AND HOUSE AGENTS

1.—In this Order "the Act" means the Auctioneers and House Agents Act, 1947 (No. 10 of 1947), as amended.

Venue — Application for certificate of qualification

2. (1) An application for a certificate of qualification pursuant to Part III of the Act may be made at any sitting of the Court in the court area in which the applicant proposes to carry on business or, in case the applicant proposes to carry on business in more than one court area, in the court area in which the applicant proposes to have his or her principal place of business.

Service of notice

(2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district the principal place of business is situate at least twenty-eight days before the date of hearing of the application.

Newspaper notice

(3) The applicant shall also cause notice of the intended application to be published, at least twenty-eight days before such hearing, in a newspaper circulating in the court area in which the applicant proposes to have his or her principal place of business.

Lodgment of notice and newspaper

(4) A copy of the notice of the application together with a statutory declaration as to service thereof and a copy of the newspaper shall be lodged with the Clerk at least seven days before the date of hearing of the application.

Applicant to furnish required certificates

(5) On the hearing of the application the applicant shall furnish to the Court the certificate required by section 12 (3) or 12 (4) (b) of the Act (as inserted by section 12 of the Auctioneers and House Agents Act, 1967 ) as the case may be.

Order of Court

(6) Where the application is granted the certificate shall be in accordance with Form 63.1 Schedule C.

Notice of objection

3. A notice of objection pursuant to section 11 (5) of the Act to the grant of a certificate of qualification shall be in accordance with Form 63.2 Schedule C. Such notice shall be served upon the applicant and a copy, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the date of hearing of the application

ORDER 64

BETTING ACT, 1931

1. In this Order "the Act" means the Betting Act, 1931 (No. 27 of 1931).

Procedure for appeal against refusal of Superintendent to grant certificate

2. The procedure to be followed in an appeal from the refusal of a Superintendent of the Garda Síochána to grant a certificate of personal fitness or a certificate of suitability of premises under the Act is the procedure set out in the Betting Act (District Court and Garda Síochána) Regulations, 1931 (Statutory Rules and Orders, 1931 No. 81).

ORDER 65

FISHERIES

Definitions

1. In this Order

"the Act of 1962" means the Fisheries (Amendment) Act, 1962 (No. 31 of 1962);

"the Act of 1978" means the Fisheries (Amendment) Act, 1978 (No. 18 of 1978);

"the Act of 1980" means the Fisheries Act, 1980 (No. 1 of 1980);

"the Act of 1994" means the Fisheries (Amendment) Act, 1994 (No. 23 of 1994);

"the Principal Act" means the Fisheries (Consolidation) Act, 1959 ; (No. 14 of 1959);

"business" means the selling or exporting for sale of salmon and trout, eels, or molluscan shellfish as appropriate.

Application for cert. of fitness

2. (1) An application pursuant to section 158 (as amended by section 14 of the Act of 1962 and the fourth schedule to the Act of 1980) of the Principal Act for a certificate of fitness to hold a Part X licence may be made at any sitting of the Court for the court area in which the applicant carries on or proposes to carry on business.

(2) Such application shall be preceded by the issue and service of a notice in the Form 65.1, Schedule C, signed by the applicant or solicitor for the applicant.

(3) The applicant shall serve the notice upon the regional board in whose fisheries region he or she carries on or proposes to carry on business not less than fourteen days before the date of hearing of the application. Service may be effected in accordance with the provisions of section 324 of the Principal Act.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) A certificate of fitness to hold a Part X licence granted under the said section 158 shall be in the Form 65.2, Schedule C.

Application for detention of boat and persons (for 48 hours)

3. (1) An application to a Judge of the District Court pursuant to section 233A (as amended by section 12 of the Act of 1978 and as substituted by section 11 of the Act of 1994) of the Principal Act for an Order authorising the continued detention of a boat and the persons on board the boat (for a period of 48 hours) may be made at any sitting of the Court for the court district in which is situated the port in which the boat and persons concerned are detained.

(2) Before making such application the applicant shall complete and lodge with the Clerk a notice in the Form 65.3, Schedule C, and shall deliver a copy thereof to each of the persons in respect of whom the order is sought.

(3) Where the Court grants the application the order of the Court shall be in the Form 65.4, Schedule C.

Detention of boat and persons pending adjudication of proceedings

4. An order of the Court pursuant to section 234 (1) — as substituted by section 13 of the Act of 1978 — of the Principal Act requiring the detention of a boat and persons (including the master) on board such boat until proceedings have been adjudicated upon by the Court shall be in the Form 65.5, Schedule C.

Detention of boat pending payment of fine and costs

5. An order of the Court pursuant to section 236 (1) (b) of the Principal Act requiring the further detention of a boat until a fine and costs (if any) are paid shall be in the Form 65.6 Schedule C.

Order for distress and sale of boat

6. An order of the Court pursuant to section 236 (1) (c) of the Principal Act for distress and the sale of a boat on the non-payment of a fine and costs (if any) shall be in the Form 65.7, Schedule C.

Detention of boat pending taking possession of article forfeited

7. An order of the Court pursuant to section 236 (2) of the Principal Act made on the application of the prosecutor, authorising the detention of a boat until possession has been taken of an article on board the boat which has been ordered or stands forfeited shall be in the Form 65.8, Schedule C.

Further detention of boat pending determination of proceedings (incl. appeals and trials)

8. An order of the Court pursuant to section 235 (1) — as substituted by section 14 of the Act of 1978 — of the Principal Act requiring the further detention of a boat pending,

in the case of an appeal from, or any other proceedings in relation to, an order convicting a person of an offence under Chapter II or III of Part XIII of the Principal Act or an order dismissing proceedings in relation to such an offence, the determination of the appeal or any other proceedings (and any proceedings consequent upon the appeal or the other proceedings),

in a case where a person is sent forward for trial or for sentence charged with an offence under the said Chapter II or III, the determination of the case in the court to which that person was sent forward and, in the event of an appeal or other proceedings arising therefrom, the determination of the appeal or the other proceedings (and any proceedings consequent upon the appeal or the other proceedings),

shall be in the Form 65.9 or 65.10, Schedule C, as appropriate.

Order for release of a boat

9. An order of the Court pursuant to section 235 (2) (a) — as substituted by section 14 of the Act of 1978 — of the Principal Act requiring a boat to be released shall be in the Form 65. 11, Schedule C.

Detention of boat/boat and persons pending adjudication of proceedings

10. An order of the Court pursuant to section 301 (2A) — as inserted by section 53 (b) of the Act of 1980 - of the Principal Act requiring the detention of a boat and person or persons or of the boat only until proceedings have been adjudicated upon by the Court shall be in the Form 65,12, Schedule C.

Application for warrant

11. (1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 297 — as amended by section 71 of the Act of 1980 — of the Principal Act may be made at any sitting of the Court for the court district wherein the garden, dwellinghouse or curtilage thereof in respect of which the issue of the warrant is sought is situated.

— venue

— by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 65.13, Schedule C, of an authorised person within the meaning of section 292 — as substituted in the fourth schedule to the Act of 1980 — of the Principal Act.

Form of warrant

(3) Where the Court grants the application, the warrant issued on foot of such information shall be in the Form 65.14, Schedule C.

ORDER 66

GAMING AND LOTTERIES

Definition

1. In this Order "the Act" means the Gaming and Lotteries Act, 1956 (No. 2 of 1956), as amended.

Venue — Certificate for Gaming Licence

2. (1) An application for the grant of a certificate authorising the issue of a licence permitting gaming at an amusement hall or funfair pursuant to section 15 (1) of the Act may be made at any sitting of the Court for the court area in which the premises sought to be licensed are situate.

Form of Notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 66.1, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána for the locality and upon the Local Authority within whose administrative area the premises are situate at least twenty eight days before the date of hearing of the application.

Newspaper notice

(4) The applicant shall also cause a notice of the intended application to be published at least fourteen days before such date of hearing in a newspaper circulating in the locality.

(5) The provisions of section 24 of the Fire Services Act, 1981 shall apply to such application.

Lodgment of notice, etc.

(6) The original of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least seven days before the date of hearing.

Order of Court

(7) Where the application is granted the certificate shall be in accordance with Form 66.2, Schedule C.

Venue — Application for Lottery Licence

3. (1) An application for the grant of a licence for the promotion of a lottery pursuant to section 28 of the Act may be made at any sitting of the Court for the court area in which the lottery is to be organised.

Form of notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 66.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service and lodgment of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána for the district in which the lottery is to be organised at least twenty-eight days before the date of hearing of the application. When service has been effected the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.

Order of Court

(4) Where the application is granted the licence shall be in accordance with Form 66.4, Schedule C.

Venue Appeal against refusal to grant permit

4. (1) An appeal from the refusal of a Superintendent of the Garda Síochána to grant a permit for the promotion of a lottery pursuant to section 27 of the Act may be brought at any sitting of the Court for the court area wherein the appellant resides.

Notice of appeal

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 66.5, Schedule C) signed by the appellant or solicitor for the appellant.

Service and lodgment of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána concerned at least seven days before the date of the sitting of the Court at which the appeal is to be heard. When service has been effected the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of the said sitting.

(4) The Superintendent shall lodge with the Clerk at least 48 hours before the sitting a copy of the application for the permit and a copy of the decision from which the appeal is being brought.

Order of Court

(5) The order of the Court hearing the appeal shall be in accordance with Form 66.6, Schedule C.

Application for search warrant

5. (1) An application for the issue of a search warrant under section 39 of the Act may be made at any sitting of the Court for the court district wherein the place or premises in respect of which the warrant is sought is situated.

— venue

— by sworn information

(2) Such application shall be made by the information on oath and in writing (in the Form 66.7, Schedule C) of a member of the Garda Síochána not below the rank of Inspector.

Form of warrant

(3) Where the Court grants the application, a search warrant issued on foot of such information shall be in the Form 66.8, Schedule C.

ORDER 67

GENERAL DEALERS

1. In this Order "the Act" means the General Dealers (Ireland) Act, 1903 (3 Edw. VII Ch. 44).

Venue — Application for General Dealers Licence

2. (1) An application for a General Dealer's Licence pursuant to section 1 (2) of the Act may be made at any sitting of the Court for the court area in which the premises in which it is proposed to carry on business are situate.

Form of notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 67.1, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochana within whose district the premises are situate at least fourteen days before the date of hearing of the application.

Lodgment of notice

(4) When service has been effected, the original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.

Order of Court

(5) Where the application is granted the licence shall be in accordance with Form 57.2, Schedule C.

ORDER 68

LICENSING ACTS, 1833 to 1988

—CERTIFICATES FOR SPIRIT RETAILERS LICENCES, BEER RETAILERS LICENCES, WHOLESALE BEER DEALERS LICENCES;

—DECLARATIONS OF FITNESS UNDER SECTION 15 of THE INTOXICATING LIQUOR ACT, 1960

Venue — Off-licence applications

1. (1) An application for the grant of a certificate entitling the applicant to receive an excise licence for the sale of intoxicating liquor for consumption off the premises or for a declaration as to the fitness and convenience of proposed licensed premises may be made at any sitting of the Court for the court area in which the premises or proposed premises for which the certificate or declaration is sought are situate.

Forms of notice

(2) Every such application shall be preceded by the issue and service of a notice in one of the Forms 68.1 to 68.4, Schedule C, as the case may be, signed by the applicant or solicitor for the applicant.

Service of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána within whose district the premises or proposed premises are situate at least twenty-one days before the date of hearing of the application.

Newspaper notice for spirit or beer retailer's application

(4) Where the application is for the grant of a certificate entitling the applicant to receive a spirit retailer's licence or a beer retailer's licence, the applicant shall, at least twenty-one days before the date of the hearing of the application, cause a notice of the intended application to be published in a newspaper circulating in the place in which the premises concerned are situate.

Newspaper notice of application for declaration

(5) Where the application is for a declaration that the premises would be fit and convenient to be licensed the applicant shall cause a notice of the intended application to be published at least twenty-one days before the date of the hearing of the application in a newspaper circulating in the place in which the premises concerned are situate.

Lodgment of notice, newspaper, etc.

(6) When service of the notice of application has been effected, the original of the notice, together with a statutory declaration as to service thereof, a copy of the newspaper (where required) and a plan of the premises shall be lodged with the Clerk at least ten days before the date of hearing of the application.

Order of Court

(7) Where the application is granted, the certificate or declaration shall be in accordance with one of the Forms 68.5 to 68.8, Schedule C, as the case may be.

ORDER 69

RESTAURANT CERTIFICATES AND DECLARATIONS AS TO SUITABILITY OF PREMISES

Definitions

1. In this Order—

"the Act of 1927" means the Intoxicating Liquor Act, 1927 (No. 15 of 1927);

"the Act of 1943" means the Intoxicating Liquor Act, 1943 (No. 7 of 1943);

"the Act of 1960" means the Intoxicating Liquor Act, 1960 (No. 18 of 1960);

"the Act of 1988" means the Intoxicating Liquor Act, 1988 (No. 16 of 1988).

Venue for applications

2. (1) An application for the grant of —

( a ) a restaurant certificate, pursuant to section 12 (1) of the Act of 1927,

( b ) a restaurant certificate, made by the holder of a wine retailer's on-licence pursuant to section 12 (1A) of the Act of 1927 (as inserted by section 8 of the Act of 1943),

( c ) a restaurant certificate, pursuant to section 12 (1) of the Act of 1927 as applied by section 12 (1B) of the said Act (as inserted by section 48 of the Act of 1988),

( d ) a limited restaurant certificate, pursuant to section 12A of the Act of 1927 (as inserted by section 9 of the Act of 1960), or

( e ) a declaration as to suitability of licensed premises for a restaurant certificate or limited restaurant certificate, pursuant to section 16 of the Act of 1960,

may be made at any sitting of the Court for the court area in which the premises for which the certificate or declaration is sought are situate.

Forms of notice

(2) Every such application shall be preceded by the issue and service of a notice in one of the Forms 69.1 to 69.5 Schedule C, as the case may be, signed by the applicant or solicitor for the applicant.

Service of notice

(3) Such notice shall be served upon the officer in charge of the Garda Síochana for the licensing area at least ten days before the date of hearing of the application and, where the application is for a declaration as to suitability of licensed premises for a restaurant certificate or limited restaurant certificate, the applicant shall also cause a copy of the plan of the premises to be deposited with the said officer.

Lodgment of notice and map

(4) When service of the notice of application has been effected, the original of such notice, together with a map or plan of the premises, shall be lodged with the Clerk at least four days before the date of hearing of the application.

Order of Court

(5) Where the application is granted the certificate or declaration shall be in accordance with one of the Forms 69.6 to 69.10, Schedule C, as the case may be.

ORDER 70

OBJECTIONS TO THE FIRST GRANT OF WINE RETAILERS' ON-LICENCES

Venue

1. An objection by a member of the Garda Síochána (not below the rank of Inspector) to the first grant by the Revenue Commissioners of a Wine Retailer's On-Licence, pursuant to section 14 of the Refreshment Houses (Ireland) Act, 1860 , may be made at any sitting of the Court for the court area in which the premises sought to be licensed are situate.

Notice of objection—

2. (1) Such objection shall be preceded by the issue and service of a summons in the Form 70.1, Schedule C upon the applicant for such licence at least seven days prior to the sitting of the Court before which the objection has been listed for hearing.

caveat to Collector of C & E

(2) Upon issuing the summons for service the Clerk shall send to the Collector of Customs and Excise a notice by way of caveat in the Form 70.2, Schedule C.

(3) When the summons has been served the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days prior to the date of the said sitting of the Court.

Order of Court

3. (1) The order of the Court on hearing the objection shall be in the Form 70.3 or 70.4, Schedule C, as appropriate. A certified copy of such order shall be sent by the Clerk to the Collector of Customs and Excise.

(2) Where a notice of appeal against such an order is lodged with the Clerk he or she shall forthwith send notice to that effect to the Collector of Customs and Excise.

ORDER 71

SPECIAL EXEMPTION ORDERS

Venue

1. (1) Save as is hereinafter provided, an application for a special exemption order pursuant to section 5 of the Intoxicating Liquor Act, 1927 , as amended by section 12 of the Intoxicating Liquor Act, 1962 , and section 29 of the Intoxicating Liquor Act, 1988 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

Service and lodgment of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area in which the premises to which the application relates are situate, and a copy thereof shall be lodged with the Clerk, at least forty-eight hours before the date of hearing of the application.

Order of Court

(3) Where the application is granted the Order shall be in accordance with Form 71.1, Schedule C.

*2. Subject to rule 3 hereof a special exemption order shall not be granted for any time on a Sunday.

†3. A special exemption order may be granted for a Sunday that is New Year's Day, New Year's Eve or St. Patrick's Day.

In certain circumstances may be granted at any sitting

4. A Judge may, where special circumstances so require, hear an application and grant such exemption order at a sitting of the Court in any court area in his or her district.

* Intoxicating Liquor Act, 1927 [s. 5 (3)].

Intoxicating Liquor Act, 1962 [s. 12].

ORDER 72

GENERAL EXEMPTION ORDERS

Venue

1. (1) An application for a general exemption order pursuant to section 4 of the Intoxicating Liquor Act, 1927 , as amended by section 10 of the Intoxicating Liquor Act, 1960 and section 15 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

(2) Where the application is in respect of premises for which a general exemption order is in existence at the time of such application, the application shall be made at the Annual Licensing Court.

Form of notice

(3) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 72.1 or 72.2, Schedule C, as the case may be) signed by the applicant or solicitor for the applicant.

Service of the notice

(4) Such notice shall be served upon the officer in charge of the Garda Síochána for the area in which the premises to which the application relates are situate at least seven days before the date of hearing of the application.

Lodgment of notice

(5) When service has been effected the original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(6) Where the application is granted the Order shall be in accordance with Form 72.3 or 72.4, Schedule C, as the case may be.

In force to Annual Licensing Court

*(7) Every such order shall, unless withdrawn in pursuance of subsection (6) of section 4 of the Intoxicating Liquor Act, 1927 , or expressed to expire sooner, remain in force until the next Annual Licensing Court for the court area in which the premises are situate.

Prohibited days

†2. A general exemption order shall not be granted for any time on any Sunday, St. Patrick's Day, Christmas Day or Good Friday.

* Intoxicating Liquor Act, 1960 [Sec. 10].

Intoxicating Liquor Act, 1927 (Sec.4 (7)].

ORDER 73

EXEMPTIONS FOR SPECIAL EVENTS

Venue

1. (1) An application by the holder of a licence in respect of premises situate in any locality not in the county borough of Dublin for an exemption order in respect of a special event pursuant to section 10 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

Service of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least seven days before the date of hearing of the application.

Newspaper notice

(3) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

(4) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(5) Where the application is granted the Order shall be in accordance with Form 73.1, Schedule C.

Revocation

2. (1) Where an application referred to in rule 1 of this Order has been granted, a subsequent application may be made to any sitting of the Court in any court area in the district in which the original application was granted, at any time before the commencement of the period to which the original application relates, to have the same revoked.

Lodgment of Notice

(2) Notice of the application shall be lodged with the Clerk before the date of hearing of the application.

Order of Court

(3) The order of the Court hearing such application shall be in accordance with Form 73.2, Schedule C.

Notice to Garda Síochána

(4) Notice of the making of such order shall be given by the Clerk to the officer in charge of the Garda Síochána for the locality to which the revoked application relates.

Form of certificate to be given by Clerk

3. The certificate required to be given by the Clerk pursuant to section 25 of the Intoxicating Liquor Act, 1962 as substituted in the 1st Schedule of the Courts (No. 2) Act, 1986 , for the purpose of applications to which rules 1 and 2 of this Order relate shall be in accordance with Form 73.3, Schedule C.

ORDER 74

EXEMPTIONS FOR LICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY

Venue

1. (1) An application by the holder of a licence in respect of premises situate in any locality not in a county or other borough for an exemption order in respect of Sundays and Saint Patrick's Day between the hours of twelve o'clock and half-past twelve in the afternoon, pursuant to section 16 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

(2) Where the application is in respect of premises for which such an exemption order is in existence at the time of such application, the application shall be made at the Annual Licensing Court.

Service of notice

(3) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of the hearing of the application.

Newspaper notice

(4) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

(5) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(6) Where the application is granted the Order shall be in accordance with Form 74.1, Schedule C.

Revocation

2. (1) Where an application referred to in rule 1 (1) or 1 (2) of this Order has been granted, a subsequent application may be made to any sitting of the Court for the court area wherein such application was granted to have the same revoked.

Service of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of hearing of the application.

Newspaper Notice

(3) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

(4) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(5) Where the application is granted the Order shall be in accordance with Form 74.2, Schedule C.

Form of certificate to be given by Clerk

3. The certificate required to be given by the Clerk pursuant to section 25 of the Intoxicating Liquor Act, 1962 as substituted in the 1st Schedule of the Courts (No. 2) Act, 1986 , for the purpose of an application under rule 1 of this Order shall be in accordance with Form 73. 3, Schedule C.

ORDER 75

EXEMPTIONS FOR UNLICENSED BUSINESS ON SUNDAY MORNINGS AND SAINT PATRICK'S DAY

Venue

1. (1) An application by the holder of a licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Licensing (Ireland) Act, 1902) in respect of premises situate in any locality not in a county or other borough for an exemption order to open or keep open the premises for the purpose of carrying on any business other than the sale or supply of intoxicating liquor during any one period and not exceeding forty-five minutes in duration on the mornings of Sundays and Saint Patrick's Day, pursuant to section 17 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

(2) Where the application is in respect of premises for which such an exemption order is in existence at the time of such application, the application shall be made at the Annual Licensing Court.

Service of notice

(3) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of hearing of the application.

Newspaper notice

(4) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

(5) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(6) Where the application is granted the Order shall be in accordance with Form 75.1, Schedule C.

Revocation or amendment

2. (1) Where an application referred to in rule 1 (1) or 1 (2) of this Order has been granted, a subsequent application may be made to any sitting of the Court for the court area wherein such application was granted to have the same revoked or amended.

Service of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of hearing of the application.

Newspaper notice

(3) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

(4) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(5) Where the application is granted the Order shall be in accordance with Form 75.2, Schedule C.

Form of certificate to be given by Clerk

3. The certificate required to be given by the Clerk pursuant to section 25 of the Intoxicating Liquor Act, 1962 as substituted in the 1st Schedule of the Courts (No. 2) Act, 1986 , for the purpose of an application under rule 1 of this Order shall be in accordance with Form 73.3, Schedule C.

ORDER 76

OCCASIONAL LICENCES

Venue

1. (1) Save as is hereinafter provided, an application for an occasional licence, pursuant to section 11 of the Intoxicating Liquor Act, 1962 (as amended) may be made at any sitting of the Court for the court area in which the place to which the application relates is situate.

Service and lodgment of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Order of Court

(3) Where the application is granted the licence shall be in accordance with Form 76.1, Schedule C.

Hours

*2. An occasional licence shall not be granted for any time after the hour of ten o'clock in the evening or before the hour of eight o'clock in the morning unless the event to which the licence relates is a dinner or dance.

Prohibited days

†3. An occasional licence shall not be granted in respect of any Sunday, Christmas Day or Good Friday.

In certain cases may be granted at any sitting

4. A Judge may, where special circumstances so require, hear an application and grant such occasional licence at a sitting of the Court in any court area in his or her district.

* Intoxicating Liquor Act, 1962 (s. 11 (10)].

Intoxicating Liquor Act, 1962 (s. 11 (5)].

ORDER 77

AD-INTERIM TRANSFERS OF LICENCES

Venue

1. (1) An application by any person for the temporary transfer of a licence upon the death of any person duly licensed to sell intoxicating liquors by retail for consumption on or off the premises or upon the removal of any such person from the house or premises at which he or she is authorised by licence to sell such liquors, or upon the sale or assignment of his or her interest therein by operation of law or otherwise, pursuant to section 1 of the Public Houses (Ireland) Act, 1855 (as extended to off-licences by section 29 of the Intoxicating Liquor Act, 1960 ) may be made at any sitting of the Court for the court area in which the premises to which the application relates are situate.

Service and lodgment of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area in which the premises to which the application relates are situate and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Form of endorsement

(3) The endorsement of transfer by the Court on the licence shall be in accordance with Form 77.1, Schedule C.

Endorsement on certified copy of licence or receipt

(4) Where the Court so directs, the requirement of endorsement of the transfer on the licence may be complied with by endorsement on a certified copy thereof, or on a certified copy of the receipt showing the payment of the current licence duty, or may be dispensed with if the Court is satisfied that the licence is being wrongfully withheld from the person entitled to possession thereof.

Power to trade until Annual Licensing Court

(5) Such transfer shall operate to authorise the person to whom the licence is transferred to carry on in the premises to which the licence relates the business authorised by the licence until the date of the sitting of the Annual Licensing Court in the court area in which the premises are situate held next after the expiration of one month from the date of the transfer.

Extension of power to temporarily transfer licence

2. (1) The power conferred on the Court under the Licensing Acts to transfer temporarily an on-licence or an off-licence upon the death of the holder of the licence shall, pursuant to section 34 of the Intoxicating Liquor Act, 1962 , include power to transfer the licence to any person (being a person approved of by the Court and not disqualified by law) nominated by the executor or administrator of the holder or, if there is no executor or administrator, by any person having an interest in the premises to which the licence relates.

To trade until Annual Licensing Court

(2) Such transfer shall operate to authorise the person to whom the licence is transferred to carry on in the premises to which the licence relates the business authorised by the licence until the date of the sitting of the Annual Licensing Court in the court area in which the premises are situate held next after the expiration of one month from the date of the transfer or, if the Court should then or on any subsequent application to it, think fit so to order, until the sitting of such Annual Licensing Court in the year or in the second year (as the Court may think fit to order) after the sitting aforesaid.

Power to transfer to another person

(3) Where the licence has been transferred, such licence may, on the application by the nominator of the transferee to the Court at any sitting thereof for the court area within which the premises are situate, be transferred by endorsement made by the Court on the licence or, if the licence is not available, on a copy thereof, to such other person (being a person approved of by the Court and not disqualified by law) as the nominator may nominate.

Temporary transfer or renewal of licences for reasons other than death, etc.

3. (1) An application by any person for the temporary transfer of, or for a certificate for the renewal of a licence pursuant to section 30 of the Intoxicating Liquor Act, 1960 in cases where the holder of such licence ceases, for any reason other than death, transfer of the premises or forfeiture of the licence, to carry on the business authorised by the licence and, if such holder is ordinarily resident in the State, either ceases to be so resident or cannot be found, may be made at any sitting of the Court for the court area in which the premises to which the application relates are situate.

Form of notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 77.2 or 77.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service and lodgment of notice

(3) Such notice shall be served upon the officer in charge of the Garda Síochána for the area in which the premises to which the application relates are situate and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Form of endorsement

(4) The endorsement of transfer by the Court on the licence shall be in accordance with Form 77.4, Schedule C, and the provisions contained in the Licensing Acts regarding temporary transfer of licences as set out in rules 1 (4) and 1 (5) of this Order shall apply.

Form of renewal certificate

(5) Where the licence has expired and the application is made within one year after such expiry, the renewal certificate, if granted by the Court, shall be in accordance with Form 77.5, Schedule C.

ORDER 78

TRANSFERS OF LICENCES HELD BY NOMINEES

Venue

1. (1) An application by a body corporate for the transfer of a licence held by a nominee, pursuant to section 28 of the Intoxicating Liquor Act, 1960 , may be made at any sitting of the Court for the court area wherein the premises to which the application relates are situate.

Service and lodgment of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area in which the premises to which the application relates are situate and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Form of endorsement

(3) The endorsement of transfer by the Court on the licence shall be in accordance with Form 78.1, Schedule C.

ORDER 79

CERTIFICATES OF TRANSFER

Venue

1. (1) An application for a certificate of transfer of an on-licence or an off-licence for the sale of intoxicating liquor shall be made at the Annual Licensing Court for the court area in which the premises to which the application relates are situate.

Service of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area within which the premises are situated at least twenty-one days before the date of the Annual Licensing Court.

Newspaper notice

(3) The applicant shall also cause notice of the intended application to be published at least twenty-one days before the date of such Annual Licensing Court in a newspaper circulating in the district in which is situate the premises to which such application relates.

Lodgment of notice etc.

(4) A copy of the notice of the application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk for retention by him or her, at least seven days before the date of such Annual Licensing Court.

Applicant to attend in person

2. The applicant shall attend in person (unless the Court is satisfied that there is good reason for his or her non-attendance) at the Annual Licensing Court and present himself or herself for examination as to his or her general character, possession of the premises, and any other questions which the Court may think fit to put to the said applicant.

3. The applicant shall produce in Court any document upon which he or she grounds the application.

Grant of certificate subject to production of documents

4. Where the applicant has not at the time obtained or is for any other reason unable to produce any document upon which he or she relies, the Court may grant such application subject to the subsequent production of such document. The appropriate certificate shall not be given to such applicant until such document is produced.

Order of Court

5. Where the application is granted the certificate shall be in accordance with Form 79.1, Schedule C.

ORDER 80

OBJECTIONS TO RENEWAL OF INTOXICATING LIQUOR LICENCES, FORMS OF RENEWAL CERTIFICATE, RECORDING RENEWALS OF LICENCES

Definitions

1. In this Order—

"the Act of 1986" means the Courts (No. 2) Act, 1986 (No. 26 of 1986);

"the Act of 1988" means the Intoxicating Liquor Act, 1988 (No. 16 of 1988).

Venue

2. (1) Subject to the provisions of paragraph (2) of this rule, where an objection is made under section 4 (6) of the Act of 1986 to the renewal of—

( a ) an on-licence for the sale of intoxicating liquor,

( b ) a special restaurant licence granted under Part II of the Act of 1988, or

( c ) a licence or licences for the sale of spirits or beer in retail quantities for consumption off the premises where sold,

it shall be made at the Annual Licensing Court for the court area wherein the premises to which the objection relates are situate.

(2) Where the objection is made to the renewal of a wholesale beer dealer's licence or any other off-licence which, by virtue of section 49 of the Finance (1909-10) Act, 1910 , expires on the thirtieth day of June each year, such objection may be made at the last sitting of the Court for the transaction of summary business in the month of June for the court area wherein the premises to which the objection relates are situate, or at the first available sitting of the Court thereafter.

Notice of objection

3. (1) Such objection shall be preceded by the issue and service of a notice in the Form 80.1, Schedule C, signed by the objector or solicitor for the objector.

(2) The notice shall be served upon the holder of the licence or licences attached to the premises to which the objection relates at least twenty-one days before the date of sitting of the said Annual Licensing Court or other sitting of the Court before which the objection has been listed for hearing. When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk as soon as possible but not later than seven days before the date of the said sitting.

Clerk to notify Collector of C & E, etc.

4. Upon receipt of the notice of objection the Clerk shall forthwith notify (in the Form 80.2, Schedule C) the Collector of Customs and Excise for the district in which the said premises are situate accordingly and, where the objector is not a member of the Garda Síochána, the Clerk shall also notify the Superintendent of the Garda Síochána for the area.

Order of the Court

5. (1) The order of the Court on hearing the objection shall be in the Form 80.3, Schedule C.

Clerk — to send copy to Collector C & E

(2) Where the Court allows the objection and no notice of appeal against such order is lodged with the Clerk within the time prescribed in that behalf the Clerk shall send to the Collector of Customs and Excise a certified copy of the order of the Court.

— to send a renewal cert. (or copy) to Collector

(3) Where the Court disallows the objection and no notice of appeal against such order is lodged with the Clerk within the time prescribed in that behalf the Clerk shall forthwith send to the Collector of Customs and Excise a certificate for the renewal of the licence in the Form 80. 4, Schedule C. (or copy thereof).

— to notify Collector in cases of appeal

6. Where notice of an appeal against any order of the Court to which this Order relates is at any time lodged with the Clerk, such Clerk shall forthwith send notice to this effect to the Collector of Customs and Excise.

Mode of service

7. Documents which are required by this Order to be sent to the Collector of Customs and Excise may be sent by registered post or, may be delivered to the office of the said Collector where appropriate.

Forms of renewal certificate

8. The certificate to be issued for the renewal of a six-day licence or an early closing licence shall be in the Form 80.4, Schedule C. Where a certificate for renewal is granted pursuant to section 30 (1) (b) of the Intoxicating Liquor Act, 1960 such certificate shall be in the Form 77.5 Schedule C.

Recording renewals of licences

9. In every case in which a renewal of a licence within the meaning of section 4 of the Act of 1986 is granted and issued by an officer of the Revenue Commissioners and the Clerk receives from the Revenue Commissioners notice of the issue of such licence, such Clerk shall record the particulars thereof in the Register of Licences and retain the notice in his or her custody.

ORDER 81

ANNUAL LICENSING COURT

1. A Judge of the District Court shall hold a court, to be known as the Annual Licensing Court, in each court area in the Judge's district on the day of the last sitting of the Court for that court area for the transaction of the business of the Court exercising its summary jurisdiction held in the month of September each year.

2. Every such Annual Licensing Court shall hear and determine

—all such applications made to it for certificates, licenses, orders, or renewals thereof, and objections to the grant or renewal of such certificates, licences or orders, as are provided for in Orders 63 to 89 of these Rules and are required to be made at the Annual Licensing Court;

—any other application, objection or other matter which is required by statute or by Rules of Court to be made or brought at that court;

and the Judge may adjourn any such court from time to time as circumstances may deem it necessary.

3. For the purposes of this Order the day of the last sitting of the Court in the month of September in the Dublin Metropolitan District shall be that sitting held on the last Thursday in that month each year.

ORDER 82

REGISTER OF LICENCES

1. The Clerk shall keep a book which shall be known as the Register of Licences (Form 82.1 Schedule C) and shall enter or cause to be entered in such Register particulars of all licences for the sale of intoxicating liquors existing in respect of premises situate within the court area and of all renewals, transfers and other proceedings affecting the said licences or any of them and shall retain all maps, plans or other documents lodged which relate to such licences or premises.

Notice of particulars of licensed premises

2. Every holder of such licence shall, within ten days after having obtained same, deliver or cause to be delivered to the Clerk a note in writing (Form 82.2 Schedule C) signed by the holder, setting forth the holders full name and address and description and location of the house or premises in which intoxicating liquors are licensed to be sold and the full name and address of the owner of the said house or premises in accordance with the provisions of section 10 of the Licensing (Ireland) Act, 1833 , as amended.

ORDER 83

REGISTRATION OF CLUBS AND GRANTING OF CLUB AUTHORISATIONS

Definitions

1. In this Order

"the Act" means the Registration of Clubs (Ireland) Act, 1904 (4 Edw. 7. Ch. 9);

"the Act of 1924" means the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924);

"the Act of 1927" means the Intoxicating Liquor Act, 1927 (No. 15 of 1927);

"the Act of 1962" means the Intoxicating Liquor Act, 1962 (No. 21 of 1962);

"the Act of 1988" means the Intoxicating Liquor Act, 1988 (No. 16 of 1988);

"licensing year" means a period of twelve months ending on the thirtieth day of September in any year;

"registered club" means a club holding a certificate of registration in force at the time.

Registrar of Clubs

2. (1) For the purposes of the Act the Registrar of Clubs (otherwise referred to herein as the registrar) shall be the Clerk for the court area wherein the club premises concerned are situated.

— to keep a register

(2) Every such Registrar of Clubs shall keep a register in which shall be entered the name of each club situate within his or her court area to which a certificate of registration is granted under the provisions of the Act and, where appropriate, the further particulars required by the Act.

Application for certificate of registration

Lodgment with registrar Registrar — to notify Garda Supt.

3. (1) Where the secretary of a club desiring an original certificate of registration lodges with the registrar, pursuant to subsection (1) of section 2 of the Act, the documents mentioned in that subsection, the registrar shall forthwith give notice of such application to the superintendent of the Garda Síochána in like manner as prescribed in rule 4 (6) hereof in the case of an application for the renewal of such a certificate.

— to transmit file to Co. Registrar

(2) After the expiration of ten days from the date of the said lodgment the registrar shall transmit the documents to the appropriate County Registrar, together with any notice of objection to the grant of the certificate and any newspaper containing notice of the application, which were lodged with him or her.

When granted — to record particulars and issue certificate

(3) Upon the return of the file together with notification from the County Registrar of the granting of the application the registrar shall enter in the register of clubs the particulars required by section 1 (1) of the Act, and shall thereupon issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Renewal of certificates, Objections thereto

Renewal application to registrar

4. (1) An application by the secretary of a club for a renewal of the certificate of registration shall be in the Form 83.1, Schedule C, and shall be made to the Registrar of Clubs, for hearing at the Annual Licensing Court for the court area wherein the club is situated, not later than twenty-one days prior to the date of such Annual Licensing Court.

Newspaper notice

(2) The applicant shall also publish the notice of such application once in a daily newspaper circulating in the locality and shall, when the notice has been published, lodge a copy of the newspaper with the registrar.

Documents to accompany application

(3) Such application for renewal shall be accompanied by—

( a ) two copies of the rules of the club,

( b ) a list containing the names and addresses of the officials and committee of management or governing body and the names of the members, and

( c ) a certificate in the Form 83.2, Schedule C, signed by two Peace Commissioners for the district in which the club premises are situated, and where such premises are not owned by the club, the certificate shall be signed by the owner of such premises or, where the owner is under any legal disability, by the legal representative of the owner.

The application form shall be stamped to confirm payment of the appropriate court fee (if any) required by law to be paid in respect of such application.

Club rules qualifying for registration

(4) In order that a club may be eligible to be registered under the Registration of Clubs Acts, 1904 to 1988 the rules of the club shall comply with the requirements of

—section 4 of the Act, as amended by section 42 of the Act of 1988, and

—section 56 (which relates to prohibited hours for the supplying for consumption on club premises of excisable liquor) of the Act of 1927 (as substituted by section 26 of the Act of 1988).

Applicant to notify Fire Authority

(5) The provisions of section 24 of the Fire Services Act, 1981 (No. 30 of 1981) shall apply to every such application.

Registrar to notify Garda Supt.

(6) The registrar shall forthwith give notice of such application, in the Form 83. 3, Schedule C, together with a copy of the rules of the club, to the superintendent of the Garda Síochána for the Garda district in which the club, the subject of the application, is situated.

Certificate of registration

5. Where no objections to the renewal of the certificate are taken and the Court grants the application, the Registrar of Clubs shall make the entries required by the Act in the register of Clubs and thereupon shall issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Late application

6. A club failing to make application for renewal of a certificate of registration by the date at or previous to which such application must in the terms of the Act be made shall not be granted such renewal unless the Court is satisfied that such failure was due to inadvertence.

Objections to grant or renewal of certificate

7. (1) It shall be competent for the superintendent of the Garda Síochána on receiving notice of an application given as aforesaid, and for any person resident in the parish in which the club premises are situated, to lodge objections to the grant of the certificate on any of the grounds of objection specified in the Act, and it shall be competent for any person to lodge objections to the renewal of the certificate on any such grounds.

(2) The Court shall not consider any objection to the renewal of a certificate unless it is taken upon one or more of the grounds specified in

— section 5 of the Act, as amended by section 42 (1) of the Act of 1988 or

— section 24 (2) of the Act of 1924.

— notice of

(3) An objection to the grant or renewal of a certificate of registration of a club shall be by notice in the Form 83.5, Schedule C, signed by the objector or solicitor for the objector, and shall be lodged with the registrar within ten days of the receipt or publication of notice of the application, and at the same time a copy of such notice of objection shall be sent to the secretary of the club applying for the grant of renewal of the certificate. When the superintendent of the Garda Síochána is not an objector, the registrar shall give notice of the lodgment of the objection or objections to the said superintendent.

— listing of

(4) In the case of an application for the renewal of a certificate, the registrar shall list and enter the notice of objection for the Annual Licensing Court before which the application is due to be heard, and where the Court adjourns the proceedings to a date for hearing, the registrar shall by notice in the Form 83.6, Schedule C inform the parties of the place, date and time fixed for the hearing.

When granted registrar to record particulars and issue certificate

(5) If, upon hearing the application and the objection, the Court grants the application, the Registrar of Clubs shall make the entries required by the Act in the register of clubs and thereupon shall issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Duration of certificate

8. (1) A certificate of registration duly issued by a Registrar of Clubs under the Registration of Clubs Acts, 1904 to 1988 shall, as provided in section 3 (3) of the Act (as amended by the first schedule to the Courts (No. 2) Act, 1986 — No. 26 of 1986), and subject to the other provisions of the Act, remain in force until the Annual Licensing Court for the court area wherein the club premises are situated held next after the grant of the application for such certificate, and shall then expire.

— extension pending Court's decision

(2) Notwithstanding the provisions of the Act as to the duration of certifcates, where a renewal has been applied for the current certificate shall remain in force pending the final decision of the Court, but not exceeding three months unless the Court shall in its discretion extend such time to a further period not exceeding three months.

New clubs, clubs ceasing to be registered — notice to Revenue Commissioners

9. Every Registrar of Clubs shall, in compliance with the requirements of section 48 (6) of the Finance (1909-10) Act, 1910 , send notice to the Revenue Commissioners of the entry of any new club and of any case in which a club ceases to be registered, upon the register of clubs kept by him or her.

Club Authorisations

Venue

10. (1) An application by the secretary of a registered club for an authorisation pursuant to section 21 (1) of the Intoxicating Liquor (General) Act, 1924 as amended by section 8 of the Act of 1962, may be made at any sitting of the Court for the court area in which the club premises for which the authorisation is sought are situated.

Service and lodgment of notice

(2) Notice of the application shall be served upon the superintendent of the Garda Síochána within whose district the club premises are situated at least forty-eight hours prior to the date of hearing of the application, and a copy thereof shall at the same time be lodged with the Registrar of Clubs.

Order of Court

(3) Where the application is granted, the authorisation shall be in accordance with Form 83.7, Schedule C.

Not more than 15 per year

(4) Not more than fifteen such authorisations shall be granted to any club in any licensing year.

Authorisations for special events

Venue

11. (1) An application by the secretary of a registered club for an authorisation pursuant to section 14 (1) of the Act of 1962 may be made at any sitting of the Court for the court area in which the club premises for which the authorisation is sought are situated.

Service and lodgment of notice

(2) Notice of the application shall be served upon the superintendent of the Garda Síochana within whose district the club premises are situated at least forty-eight hours prior to the date of hearing of the application, and a copy thereof shall at the same time be lodged with the Registrar of Clubs.

Order of

(3) Where the application is granted, the authorisation shall be in accordance with Form 83.8, Schedule C.

ORDER 84

CHILD CARE

Definitions

1. In this Order:

"the Act" means the Child Care Act, 1991 (No. 17 of 1991);

"child" means a person under the age of eighteen years other than a person who is or has been married;

"health board" means a health board established under the Health Act, 1970 (No. 1 of 1970);

"parents" has the meaning assigned to it in section 2 (1) of the Act.

Hearings

2. (1) Proceedings under Part III, IV or VI of the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses and such other persons as the Judge in his or her discretion may allow, shall be permitted to be present at the hearing.

(2) The Judge may, if he or she thinks it proper to do so, order any witness who is not a party to the proceedings to leave court either until his or her evidence is required or after his or her evidence has been given.

(3) Proceedings in the Court under Part III, IV or VI of the Act shall be as informal as is practicable and consistent with the administration of justice. Neither Judges hearing and determining such proceedings not barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.

Service of documents

3. (1) A document required by these Rules to be served shall, subject to paragraphs (2) and (3) hereof, be served upon the person to whom it is directed—

( a ) by delivering to him or her a copy thereof or,

( b ) if he or she cannot be conveniently met with, by leaving a copy thereof for him or her at his or her last known residence or most usual place of abode with any relative of such person who is not less than sixteen years of age and who is believed to reside there with him or her, or by leaving it with the person in charge of the house or premises of such residence or abode, or,

( c ) by leaving a copy thereof for him or her at his or her place of business with any agent, clerk, employee or servant of such person who is not less than sixteen years of age, or

( d ) by sending a copy thereof by ordinary prepaid post in an envelope addressed to him or her at his or her last known residence or most usual place of abode or at his or her place of business.

(2) A document shall be served upon a health board or other statutory board or body or upon an unincorporated society by leaving a copy thereof with any employee of that board, body or society at its principal office or by sending such copy by ordinary prepaid post in an envelope addressed to the board, body or society at such principal office.

(3) The Court may, if for special reason in any particular case it considers it proper to do so, deem the service actually effected to be good and sufficient service, even though it was not effected in accordance with the provisions of this Order.

Lodgment for hearing

4. When a notice of application, summons or notice of appeal issued under this Order has been served, the original notice or summons, together with a statutory declaration as to service thereof, shall be lodged forthwith with the Clerk for entry for hearing.

Proceedings under Part III of the Act

Emergency care order

5. (1) An application by a health board under section 12 (4) or 13 (1) of the Act for an emergency care order shall be preceded by the issue and service of a notice in the Form 84.1 or 84.2 Schedule C , as the case may be, upon the respondent, i.e. the parent having custody of the child or a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application.

(2) Where, however, the Judge is satisfied that the urgency of the matter so requires, an application for an emergency care order may be—

( a ) made ex parte, subject to the lodgment with the Clerk of the notice of application (Form 84.1 or 84.2 Schedule C, as the case may be) duly completed;

( b ) heard and an order may be made thereon elsewhere than at a public sitting of the Court.

Venue

6. (1) An emergency care order made under section 13 (1) of the Act shall be made by the Judge for the district in which the child resides or is for the time being. Where, however, such Judge is not immediately available, the order may be made by any judge of the District Court.

(2) An emergency care order shall be in the Form 84.3 or 84.4 Schedule C, as he case may be, and the applicant shall cause a copy thereof to be served upon a parent having custody of the child or, as the case may be, upon a person acting in loco parentis.

(3) A warrant issued under section 13 (3) of the Act for the purpose of executing such an Order shall be in the Form 84.5 Schedule C.

(4) An appeal from an emergency care order shall not stay the operation of the order.

Directions under section 13 (7)

7. (1) Where, otherwise than at the hearing of an application for an emergency care order, application is made under section 13 (7) of the Act for the Judge's directions, such application shall be preceded by the issue and service of a notice in the Form 84.6 Schedule C upon the health board, the parents of the child or either of them, a person acting in loco parentis, or any other person, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application An order giving directions on such application shall be in the Form 84.7, Schedule C which shall be served upon each person directly affected by the Order.

(2) An application to vary or discharge a direction given under the said section 13 (7) (a) shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.8. Schedule C The order of the Court on granting the application shall be in the Form 84.9 Schedule C; which shall be served as prescribed in the said paragraph (1).

8. It shall not be necessary in any notice or application under section 13 of the Act or in any order made under that section to name the child if such name is unknown.

Proceedings Under Part IV of the Act

Interim care order

9. (1) An application by a health board under section 17 (1) of the Act for an interim care order shall, except where the Judge directs under subsection (3) of that section, be preceded by the issue and service of a notice in the Form 84.10 Schedule C upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application. An interim care order made on such application shall be in the Form 84.11 Schedule C and the applicant shall cause the said order to be served upon the respondent and any other person directly affected by the Order.

(2) A warrant issued under section 35 of the Act (and as prescribed in Rule 27 hereof) for the purpose of executing an interim care order shall be in the Form 84.43 Schedule C.

(3) An application under section 17 (2) of the Act for an extension of the period of an interim care order shall, except where the Judge otherwise directs under subsection (3) of that section, be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.12 Schedule C. The order granting the extension shall be in the Form 84.13 Schedule C and may, where appropriate, be added to or endorsed on the interim care order.

Care Order

10. (1) An application by a health board under section 18 (1 ) of the Act for a care order in respect of a child who resides or is found in its area shall be preceded by the issue and service of a notice in the Form 84.14 Schedule C, upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least seven days prior to the date fixed for hearing the application.

— service

(2) A care order made on such application shall be in the Form 84.15 Schedule C, and the applicant shall cause the said Order to be served upon the respondent.

— warrant

(3) A warrant issued under section 35 of the Act (and as prescribed in Rule 27 hereof) for the purpose of executing a care order shall be in the Form 84.43 Schedule C.

Extension of Care Order

11. An application under section 18 (2) of the Act to extend the operation of a care order shall be preceded by the issue and service of a notice in the Form 84.16 Schedule C, upon the respondent at least seven days prior to the date fixed for hearing the application. The order granting the application shall be in the Form 84.17 Schedule C, and may, where appropriate, be added to or endorsed on the care order.

Supervision Order

12. Where, on an application for a care order, the Court makes a supervision order (as provided for in section 18 (5) of the Act) the order of the Court shall be in the Form 18 and the applicant shall cause the said order to be served upon the respondent.

Directions pending Care Order

13. An application under section 18 (6) of the Act for the Court's directions as to the care and custody of a child pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 84.19 Schedule C, upon the respondent, i.e. the health board, the parent having custody of the child, the person acting in loco parentis, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.20 Schedule C, and shall be served on each party and any other person affected directly by the order.

Supervision Order Pending Care Order

14. An application under section 18 (6) of the Act for a supervision order pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 84.21 Schedule C, at least two days prior to the date fixed for hearing the application. The order of the Court granting such application for a supervision order shall be in the Form 84.22 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Contribution by parent

15. (1) Where, in addition to making a care order, the Court makes an order under section 18 (7) of the Act requiring the parent or parents of a child to contribute towards his or her maintenance, such contribution order shall be in the Form 84.23 Schedule C, and the applicant health board shall cause the said order to be served upon the said parent or parents.

(2) An application under section 18 (8) of the Act to vary or discharge a contribution order shall be preceded by the issue and service of a notice in the Form 84.24 Schedule C, upon the respondent. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.25 Schedule C, and shall be served upon the parent required to contribute.

Supervision Order

16. (1) An application by a health board under section 19 (1) of the Act for a supervision order with respect to a child who resides in its area shall be preceded by the issue and service of a notice in the Form 84.26 Schedule C, upon the respondent or respondents, i.e. the parents of the child or, as the case may be, the parent having custody of the child or a person acting in loco parentis. Such notice shall be served at least seven days prior to the date fixed for hearing the application.

(2) A supervision order made on such application shall be in the Form 84.27 Schedule C, and the applicant health board shall cause the said order to be served upon each respondent.

Directions as to visits

17. An application under section 19 (3) of the Act for the Court's directions as to the manner in which a child is to be visited shall be preceded by the issue and service of a notice in the Form 84.28 Schedule C, upon the respondent health board at least seven days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.29 Schedule C, and shall be served upon each of the parties.

Further directions

18. An application by a health board under section 19 (4) of the Act, made during the currency of a supervision order, for the Court's directions as to the care of the child shall be preceded by the issue and service of a notice in the Form 84.30 Schedule C, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.31 Schedule C, and the applicant shall cause the said order to be served upon each respondent.

Investigations under section 20 (1)

19. (1) Where, under section 20 (1) of the Act, the Court adjourns proceedings and directs a health board to undertake an investigation of a child's circumstances, if the board is not a party to those proceedings, the Clerk shall as soon as possible notify the board (in the Form 84.32 Schedule C,) of the Court's decision.

(2) Where, upon so adjourning, the Court gives directions under section 20 (2) of the Act as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the health board—

( a ) an order of the Court giving such directions shall be in the Form 84.33 Schedule C.

( b ) any such supervision order shall be in the Form 84.34, Schedule C,

and the order shall be served upon each person directly affected thereby.

Vary or discharge care order

20. An application under section 22 of the Act—

( a ) to vary or discharge a care order or any condition or direction attaching to such order or to discharge the care order and make a supervision order, or

( b ) to vary or discharge a supervision order or any condition or direction attaching to such order,

shall be preceded by the issue and service of a notice in the Form 84.35, 84.36 or 84.37 Schedule C, as the case may be, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting such application shall be in the Form 84.38, 84.39 or 84.40 Schedule C, as the case may be, and shall be served upon each person directly affected thereby.

Effect of appeals

21. An appeal from an order made by the Court under Part IV of the Act shall, if the Court or the Court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the Court making the determination.

Applications etc. under Part V of the Act

Requests for reports

22. (1) Where, other than during the hearing of the proceedings, application is made by any of the parties for an order under section 27 (1) of the Act requesting the preparation of a report, such application shall be preceded by the issue and service of a notice in the Form 84.41 Schedule C, upon the other party or parties. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.42 Schedule C, and the applicant shall cause the said order to be served upon the person nominated therein to prepare the report.

(2) When the report has been prepared it shall be lodged with the Clerk. A copy of the report shall be made available by the applicant to the counsel or solicitor representing each party or, if any party is not so represented, to that party.

Attendance of child

23. A request under section 30 (2) of the Act by a child to be present during the hearing of the proceedings or any part thereof may be made by letter addressed to the Court and lodged with the Clerk prior to or during the hearing, as appropriate, or such request may be made orally to the Court at the commencement of or during such hearing, as appropriate.

Warrant to execute care order

24. A warrant issued under section 35 of the Act to execute an interim care order or a care order made under Part IV of the Act directing that a child be placed or maintained in the care of a health board shall be in the Form 84.43 Schedule C.

Proceedings Under Part VI of the Act

Access to child

25. (1) An application under section 37 (2) of the Act for an order regarding access to a child shall be preceded by the issue and service of a notice in the Form 84.44 Schedule C, upon the health board at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.45 Schedule C.

Vary access

(2) An application under the said section 37 (2) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 84.46 Schedule C, upon the respondent or respondents, i.e. the health board, the parents, the persons mentioned in section 37 (1) of the Act, as appropriate. The order of the Court granting the application shall be in the Form 84.47 Schedule C, and shall be served upon each of the parties.

Authority to refuse access

26. (1) An application by a health board under section 37 (3) of the Act for an order authorising it to refuse access to a child in its care shall be preceded by the issue and service of a notice in the Form 84.48 Schedule C, upon the respondent (the person against whom the order is sought). Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.49 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

(2) An application under the said section 37 (3) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 84.50 Schedule C, upon the respondent or respondents. The order of the Court granting the application shall be in the Form 84.51 Schedule C, and shall be served upon each of the parties.

Order to deliver up child to health board — S.43 (2)

27. An application by a health board under section 43 (2) of the Act for an order directing that a child be delivered up to the custody of the board shall be preceded by the issue and service of a notice in the Form 84.52 Schedule C, upon the respondent. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.53 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Information — s.46 (3)

28. Where an order is sought under section 46 (3) of the Act directing that a child be delivered up to the custody of the health board, the applicant shall lay information before the Judge on oath and in writing in the Form 84.54 Schedule C, and the Judge may, on foot of such information, sign and issue a summons in the Form 84.55. Schedule C, Such summons shall be served upon the respondent at least two days prior to the return date thereof. Where, however, the Judge is satisfied that the urgency of the matter so requires, the application may be made ex parte and an order under the said section may be made on foot of the sworn information without the necessity to issue such summons. The order of the Court granting the application shall be in the Form 84.56 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Search warrant

29. An application under section 46 (6) of the Act for a search warrant shall be by information on oath and in writing in the Form 84.57. Schedule C, Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 84.58 Schedule C.

30 Direction under s. 47

30. (1) An application under section 47 of the Act for the Court's directions on a question affecting the welfare of a child in the care of a health board shall be preceded by the issue and service of a notice in the Form 84.59 Schedule C, upon the respondent or respondents. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.60 Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

— variation or discharge

(2) An application to have any such order or direction varied or discharged shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.61 Schedule C, upon the respondent or respondents. The order of the Court granting the application shall be in the Form 84.62 Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

Applications under Part VII of the Act

31. (1) In this rule "pre-school service" has the meaning assigned to it in section 49 of the Act.

Pre-School service — warrant

(2) An application under section 55 (2) of the Act for a warrant to enter and inspect premises in which a pre-school service is being carried on shall be by information on oath and in writing in the Form 84.63. Schedule C. Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 84.64. Schedule C.

Proceedings under Part VIII of the Act

Children's residential centre

32. An appeal to the Court under section 62 of the Act by the registered proprietor or, as the case may be, the person intending to be the registered proprietor of a children's residential centre, against a decision, specified in subsection (1) of that section, of a health board shall be preceded by the issue and service of a notice in the Form 84.65 Schedule C, upon that health board. Such notice shall be served at least seven days prior to the date fixed for hearing the appeal. The appellant shall lodge with the Clerk prior to the hearing a copy of the decision against which the appeal is brought or a copy of the notification referred to in section 61 (11) (b) (ii) of the Act. The order of the Court on hearing the appeal shall be in the Form 84.66. Schedule C.

Orders provided for in Part X of the Act

School Attendance Act

33. Where, in proceedings against a parent under section 17 of the School Attendance Act, 1926 (No. 17 of 1926), the Court makes a care order under section 17 (4) (b) of that Act (as substituted by section 75 of the Act) committing the child to the care of a health board the order of the Court shall be in the Form 84. 67 Schedule C, and shall be served upon the said parent of the child.

— care order

ORDER 85

WATER DISCONNECTION RULES

Definitions

1. In this Order—

"the Act of 1962" means the Local Government (Sanitary Services) Act, 1962 ;

"authorised person" means a person who is appointed in writing by a Sanitary Authority to be an authorised person for the purposes of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 .

"consumer" means the occupier of premises for which a supply of water for domestic purposes is provided or, where the premises are either unoccupied or are not owned by a local authority and comprise more than one dwelling, the owner of the premises;

"the Court" means the District Court;

"section 65A of the Act of 1878" means the section inserted by section 7 of the Act of 1962 into the Public Health (Ireland) Act, 1878 and amended by section 8 of the Local Government (Financial Provisions) (No. 2) Act, 1983 ;

"water discontinuance order" means an order under section 3 of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 .

Notice of application

2. An application by the sanitary authority for an order under section 3 (2) of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 may be made at any sitting of the Court for the court area wherein the supply of water for domestic purposes is provided to the consumer. Notice of such application shall be in the Form 85.1 Schedule C and shall be served on the respondent by prepaid registered post at least twenty one days prior to the date fixed for hearing the application.

— lodgment

When service has been effected, the original notice together with a statutory declaration as to service thereof, shall be lodged with the District Court Clerk at least seven days prior to the said date for hearing.

Order

3. The order of the Court granting the application shall be in the Form 85. 2 Schedule C

ORDER 86

PUBLIC DANCING

1. In this Order

"the Act" means the Public Dance Halls Act, 1935 (No. 2 of 1935);

"place" means a building (including part of a building), yard, garden, or other enclosed place, whether roofed or not roofed and whether the enclosure and the roofing (if any) are permanent or temporary;

"public dancing" means dancing which is open to the public and in which persons present are entitled to participate actively.

Venue for application under section 2

2. (1) An application for a public dancing licence pursuant to section 2 of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

(2) Where the application is in respect of a place for which a licence is in existence at the time of such application, the application shall be made at the Annual Licensing Court for the said court area.

Service of notice

(3) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district, and upon the local authority within whose functional area, is situate the place to which such application relates, at least one month before the date of hearing of the application.

Newspaper notice

(4) The applicant shall also cause notice of the intended application to be published at least one month before such hearing in a newspaper circulating in the district in which is situate the place to which such application relates.

Applicant to notify Fire Authority

(5) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Lodgment of notice, etc.

(6) A copy of the notice of the application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least seven days before the date of such hearing.

Order of Court

(7) Where the application is granted, the licence shall be in accordance with Form 86.1, Schedule C.

Venue for application under section 6

3. (1) An application for a public dancing licence for a defined period not exceeding one month pursuant to section 6 of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

Service and lodgment of notice

(2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which such application relates and a copy thereof, together with a statutory declaration as to service, shall be lodged with the Clerk at least fortyeight hours before the date of hearing of the application.

Applicant to notify Fire Authority

(3) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

(4) A Judge may, where special circumstances so require, hear such application and grant such public dancing licence at a sitting of the Court in any court area in that Judge's district.

Order of Court

(5) Where the application is granted the licence shall be in accordance with Form 86.2, Schedule C.

Venue for application under section 8 (2)

4. (1) An application in respect of any place for which a public dancing licence is in force, for a public dancing licence in respect of that place to another person pursuant to section 8 (2) of the Act, made with the consent of the licensee, may be made at any sitting of the Court for the court area in which the place to which the application relates is situate.

Notice of application

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 86.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service and lodgment of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which such application relates, and a copy thereof, together with a statutory declaration as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Applicant to notify Fire Authority

(4) The provisions of section 24 of the Fire Services Act, 1981 shat apply to the application.

Order of Court

(5) The order of the Court hearing such application shall be in accordance with Form 86.1 or Form 86.4, Schedule C, as the case may be.

Surrender of licence

5. The licensee under a public dancing licence may at any time surrender such licence by notice in writing (Form 86.5 Schedule C) sent or delivered, together with such licence, to the Clerk for the court area in which the place to which such licence relates is situate.

ORDER 87

PUBLIC MUSIC AND SINGING

Definitions

1. In this Order—

"the Act" means the Public Health Acts Amendment Act, 1890 (53 and 54 Vict. CH. 59), as amended by section 14 of the Public Dance Halls Act, 1935 (No. 2 of 1935) and section 33 (2) of the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961);

"place" means the house, room, garden or other place in respect of which a licence or the transfer of a licence under section 51 of the Act is sought or is or has been granted.

Venue for application under sec. 51 (2)

2. (1) An application for a public music and singing licence pursuant to section 51 (2) of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

(2) Where the application is in respect of a place for which a licence under the Act is in existence at the time of such application, the application shall be made at the Annual Licensing Court for the said court area.

Service of notice

(3) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which the application relates, at least fourteen days before the date of hearing of the application.

Applicant to notify Fire Authority

(4) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Lodgment of notice

(5) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(6) Where the application is granted the licence shall be in accordance with Form 87.1, Schedule C.

Venue for application under sec. 51 (11)

3. (1) An application for a public music and singing licence for a defined period not exceeding fourteen days pursuant to section 51 (11) of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

Service of notice

(2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which the application relates, at least fourteen days before the date of hearing of the application.

Applicant to notify Fire Authority

(3) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(5) Where the application is granted the licence shall be in accordance with Form 87.2, Schedule C.

Venue for application under sec. 51 (3)

4. (1) An application for the transfer of a public music and singing licence pursuant to section 51 (3) of the Act may be made at any sitting of the Court for the court area in which the place to which the application relates is situate.

Service of notice

(2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which the application relates, at least fourteen days before the date of such hearing.

Lodgment of notice

(3) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(4) Where the application is granted the endorsement of transfer shall be in accordance with Form 87.3, Schedule C.

ORDER 88

STREET AND HOUSE TO HOUSE COLLECTIONS

Definition

1. In this Order "the Act" means the Street and House to House Collections Act, 1962 (No. 13 of 1962).

Venue for Appeal under Sec. 13 (1)

2. (1) An appeal against the refusal by a Chief Superintendent of the Garda Síochána to grant a collection permit, pursuant to section 13 (1) of the Act, may be made at any sitting of the Court for the court area forming any part of the locality in which the collection to which the collection permit tile subject of the appeal relates, is proposed to be held.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.1 Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(5) The order of the Court hearing such appeal shall be in accordance with Form 88.2 Schedule C.

Venue for appeal under sec. 13 (2)

3. (1) An appeal against the attaching of a condition by a Chief Superintendent of the Garda Síochána to a collection permit granted, pursuant to section 13 (2) of the Act, may be made at any sitting of the Court for the court area forming any part of the locality in which the collection to which the collection permit the subject of the appeal relates is proposed to be held.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.3 Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(5) The order of the Court hearing such appeal shall be in accordance with Form 88.4, Schedule C.

Venue for Appeal under Sec. 13 (3)

4. (1) An appeal against the revocation by a Chief Superintendent of the Garda Síochána of a collection permit pursuant to section 13 (3) of the Act, may be made at any sitting of the Court for the court area forming any part of the locality in which the collection to which the collection permit the subject of the appeal relates is proposed to be held.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.5, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

(5) The order of the Court hearing such appeal shall be in accordance with Form 88.6, Schedule C.

Venue for application under Sec. 23 (1)

5. (1) An application by a Chief Superintendent of the Garda Síochána for an order under section 23 (1) of the Act may be made at any sitting of the Court for the court area forming any part of the locality in which the collection was held pursuant to a collection permit.

Form of, and service of notice

(2) Such application shall be preceded by the issue and service of a notice in the Form 88.7, Schedule C upon the person (the respondent) to whom was granted the collection permit pursuant to which the collection was held. The notice shall be served at least forty-eight hours before the hearing of the application.

Lodgment of notice

(3) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk.

Order of Court

(4) Where the application is granted the Order shall be in the Form 88.8, Schedule C. A certified copy of such order shall be given or sent to the respondent.

ORDER 89

WILDLIFE

Definitions

1. In this Order—

"the Act" means the Wildlife Act, 1976 , (No. 39 of 1976);

"the Minister" means the Minister for Arts, Culture and the Gaeltacht.

Venue for appeal under sec. 29 (7)

2. (1) An appeal pursuant to section 29 (7) of the Act against the refusal by the Minister to grant or renew a licence to hunt with firearms may be made at any sitting of the Court for the court area in which the appellant ordinarily resides or, where the appellant is ordinarily resident outside the State, temporarily resides.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.1, Schedule C) signed by the appellant or solicitor for the appellant.

Service and lodgment of notice

(3) Such notice shall be served upon the Minister by registered prepaid post at least fourteen days before the date of hearing of the appeal and a copy thereof, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of such hearing.

Order of Court

(4) The order of the Court hearing such appeal shall be in accordance with Form 89.2, Schedule C.

(5) Where the Court allows the appeal the Clerk shall, as soon as may be, send to the Minister a copy of the order of the Court.

Venue for application for certificate

3. (1) An application for the grant of a certificate authorising the issue of a licence or renewal of a licence to carry on business as a wildlife dealer pursuant to section 48 of the Act may be made at any sitting of the Court for the court area in which the premises for which the certificate is sought are situate.

Form of notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 89.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

(3) Such notice shall be served upon the Minister by registered prepaid post at least fourteen days before the date of hearing of the application and a copy thereof, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of such hearing.

Order of Court

(4) Where the application is granted the certificate shall be in accordance with Form 89.4, Schedule C.

Venue for application to amend licence

4. (1) An application for the amendment of a wildlife dealer's licence pursuant to section 48 (7) of the Act may be made at any sitting of the Court for the court area in which the certificate authorising the issue of a licence was granted.

Form of notice

(2) Such application shall be preceded by the completion of a notice in the appropriate form (Form 89.5, Schedule C) which shall be lodged with the Clerk at least two days before the date of hearing of the application.

Revocation of licence

5. Where pursuant to section 49 (1) of the Act the Court revokes a wildlife dealer's licence the Clerk shall, as soon as may be, send to the Minister a copy of the order of the Court.

6. Where, pursuant to section 75 of the Act, the Court revokes a firearm certificate or a licence to hunt with firearms and imposes a disqualification, the Clerk shall, as soon as may be, send to the Minister a copy of the order of the Court.

Venue for appeal under sec. 77

7. (1) An appeal pursuant to section 77 of the Act against seizure and detention under the Act may be made at any sitting of the Court for the court area in which such seizure and detention was made.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.6, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon every person directly affected by the appeal, in accordance with the provisions of section 3 of the Act, at least seven days or, where service is effected by registered prepaid post, at least fourteen days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of the said hearing.

Order of Court

(5) The order of the Court hearing such appeal shall be in accordance with Form 89.7 or 89.8 Schedule C, as the case may be.

Venue for appeal under sec. 78 (5)

8. (1) An appeal pursuant to section 78 (5) of the Act against a direction under section 78 (3) of the Act may be made at any sitting of the Court for the court district in which the Peace Commissioner by whom the direction was given acts.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.9 Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the person on whose application the direction was given and upon the Peace Commissioner who gave the direction. It shall be served in accordance with the provisions of section 3 of the Act not later than four days after the giving of such direction, and a copy of the notice, together with a statutory declaration as to service thereof, shall then be lodged with the Clerk.

Order of Court

(4) The order of the Court on hearing such appeal shall be in accordance with Form 89.10, or 89.11 Schedule C, as the case may be.

Application to prohibit entry on land

9.— venue for

(1) An application pursuant to section 68 (5) of the Act for an order prohibiting an authorised officer from entering on land may be made at any sitting of the Court for the court district wherein the land is situate.

— notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 89.12, Schedule C upon the respondent (the authorised officer) in accordance with the provisions of section 3 of the Act. Service shall be effected at least seven days or, where the notice is being served by registered prepaid post, at least fourteen days before the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof, shall then be lodged with the Clerk at least two days before the said date for hearing.

— order of the Court

(3) The order of the Court on hearing the application shall be in the Form 89.13, Schedule C.

Application for search warrant — venue for

10. (1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 73 of the Act may be made at any sitting of the Court for the court district wherein the premises or other land in respect of which the warrant is sought is situate.

— by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 89.14, Schedule C, of the member of the Garda Síochána or the authorised person seeking the warrant.

— form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 89.15 or 89.16, Schedule C, as appropriate.

ORDER 90

AIR NAVIGATION (EUROCONTROL)

Definitions

1. In this Order—

"the Act of 1963" means the Air Navigation (Eurocontrol) Act, 1963 (No. 15 of 1963).

"the Act of 1983" means the Air Navigation (Eurocontrol) Act, 1983 (No. 38 of 1983).

"determination" has the meaning assigned to it in section 1 of the Act of 1983;

"the Organisation" has the meaning assigned to it in section 2 of the Act of 1963.

Venue

2. Proceedings brought before the Court pursuant to section 7 of the Act of 1983 for the recovery of a sum due to the Organisation in respect of air navigation facilities and services provided by that body, or by any other person, shall be brought, heard and determined before sittings of the Court for the transaction of civil business for the court area

—wherein the defendant's residence or, as the case may be, the defendant's registered office, is located, or

—if such residence or, as the case may be, such registered office is not located in the State, wherein the defendant has a place of business, or

—if such residence or, as the case may be, such registered office is not located, or he or she has no place of business in the State, wherein the defendant has assets, or

—if such residence or, as the case may be, such registered office is not located, or he or she has no place of business or assets in the State, wherein the Organisation, for the time being, has its headquarters.

Proceedings by civil summons

3. Such proceedings shall be instituted by the issue of a civil summons for a debt or liquidated money demand in the Form 39.2, Schedule C, and the provisions of these Rules relating thereto shall mutatis mutandis apply to such proceedings.

Copies of decrees and civil summonses

4. (1) A person seeking a certified copy of a determination for the purposes of section 9 of the Act of 1983 shall complete and lodge with the Clerk the relevant decree in duplicate, together with an affidavit of debt (where appropriate) in duplicate, and shall pay any prescribed court fee. When the decree has been signed by the Judge, the Clerk shall retain the original decree and affidavit, and shall certify and issue the copies to the applicant therefor.

(2) Upon application being made under the said section 9 and upon payment of the prescribed court fee, the Clerk shall prepare, certify and issue to the applicant therefor a copy of the original civil summons (including the statutory declaration as to service).

Certificate under section 9 (c)

5. The certificate to be issued by the Clerk under section 9 (c) of the Act of 1983 shall be in the Form 90.1, Schedule C.

ORDER 91

CONTROL OF DOGS

Definition

1. In this Order—

"the Act" means the Control of Dogs Act, 1986 (No. 32 of 1986).

Prosecution of offences

2. (1) Proceedings in respect of an offence alleged under the Act may be brought, heard or determined at any sitting of the Court for the court area wherein the offence is alleged to have been committed.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a summons that such proceedings are urgent, the summons may be issued for and the proceedings may be heard and determined at any sitting of the Court in that district.

(3) An offence under the Act may be prosecuted by the local authority in whose area the offence is alleged to have been committed.

(4) Proceedings in respect of such an offence may be commenced by the issuing by the appropriate office of the District Court, on the application of the relevant local authority, of a summons in the Form 7, Schedule B. Such summons shall be served in accordance with the provisions of section 32 of the Act at least seven days or, where service is being effected by prepaid registered post, at least twenty-one days before the date of hearing of the summons.

(5) When service has been effected the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Proceedings under section 22 (1) (a)

3. (1) A complaint under section 22 (1) (a) of the Act that a dog is dangerous and not kept under proper control may be made at any sitting of the Court for the court area wherein the premises of the owner of the dog or, as the case may be, of the person in charge of the dog are situated.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of intention to make a complaint that the proceedings are urgent, such notice may be issued for and the proceedings may be heard and determined at any sitting of the Court in that district.

(3) Such complaint shall be preceded by the issue and service of a notice in the Form 91.1, Schedule C upon the defendant (the person in charge of the dog) and, where the defendant is not the owner of the dog, also upon such owner. Service may be effected in accordance with the provisions of section 32 of the Act at least seven days or, where service is being effected by prepaid registered post, at least twenty-one days before the date of hearing of the complaint.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) The order of the Court on hearing the complaint shall be in the Form 91.2, Schedule C. A copy of such order shall be given to the defendant and, where the defendant is not the owner of the dog, a copy of the order shall also be given to such owner.

Proceedings under sec. 25

4. (1) A complaint under section 25 (1) of the Act that a nuisance has been created as a result of excessive barking by a dog may be made at any sitting of the Court for the court area wherein the premises in which the dog, is kept are situated.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of intention to make a complaint that the proceedings are urgent, such notice may be issued for and the proceedings may be heard and determined at any sitting of the Court in that district.

(3) Such complaint shall be preceded by the issue and service upon the occupier of the premises in which the dog is kept of the notice referred to in section 25 (2) of the Act and which is prescribed in the Control of Dogs (No. 2) Regulations, 1987 ( S.I. No. 59 of 1987 ). Service of the notice shall be effected in accordance with the provisions of section 32 of the Act.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall forthwith be lodged with the Clerk.

(5) The order of the Court on hearing the complaint shall be in the Form 91.3, Schedule C. A copy of such order shall be given to the defendant.

Search warrant (sec. 26)

5. (1) An application by a member of the Garda Síochána for the issue of a search warrant under section 26 of the Act may be made at any sitting of the Court for the court district wherein the premises in which the dog is kept are situated.

(2) The application shall be by information on oath and in writing in the Form 91.4, Schedule C.

(3) The order of the Court on granting the application shall be in the Form 91.5, Schedule C.

Application to remove disqualification (sec. 29)

6. (1) An application under section 27 (1) of the Protection of Animals (Amendment) Act, 1965 (as substituted by section 29 of the Act) to remove a disqualification may be made at any sitting of the Court for the court area wherein the disqualification order was made.

(2) Such application shall be preceded by the issue and service of a notice in the Form 91.6, Schedule C upon the local authority in whose area the offence, on conviction of which the disqualification order was made, was committed. Service may be effected in accordance with the provisions of section 32 of the Act at least fourteen days before the date of hearing of the application.

(3) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

(4) The order of the Court on hearing the application shall be in the Form 91.7, Schedule C.

ORDER 92

FIRE SERVICES

Definition

1. In this Order—

"the Act" means the Fire Services Act, 1981 (No. 30 of 1981).

Venue

2. Proceedings under section 20 (4), 21 or 22 (7) of the Act may be brought before any sitting of the Court for the court area wherein the relevant building or land is situate.

Fire safety notice—

3. (1) An application under section 20 (4) of the Act for an order concerning expenses or their apportionment shall be preceded by the issue and service of a notice in the Form 92.1, Schedule C, signed by the applicant or solicitor for the applicant; which notice shall be served upon the occupier or the owner, as the case may be, of the building or land to which the fire safety notice relates, and upon the fire authority which served the fire safety notice. The notice shall be served in accordance with the provisions of section 38 of the Act at least seven days or, where it is sent by prepaid registered post, at least fourteen days before the date of the sitting of the Court to which it is returnable.

(2) The original of every such notice of application, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of the said sitting of the Court.

(3) The order of the Court hearing the application shall be in the Form 92.2, Schedule C.

Appeal against fire safety notice

4. (1) An appeal under section 21 of the Act against a fire safety notice shall be preceded by the issue of a notice of appeal in the Form 92.3, Schedule C, signed by the appellant or solicitor for the appellant; which notice shall be given to the respondent fire authority, in accordance with the provisions of sections 21 (2) and 38 of the Act, at least seven days or, where it is sent by prepaid registered post, at least fourteen days before the date of the sitting of the Court to which the notice of appeal is returnable.

(2) A copy of the notice of appeal, together with a statutory declaration as to service, shall be lodged with the Clerk at least two days before the said sitting of the Court.

(3) The order of the Court on hearing the appeal shall be in the Form 92.4, Schedule C.

Warrant under section 22 (7)

5. (1) An application to the Court for the issue of a warrant under section 22 (7) of the Act to enter land or a building shall be by the information on oath and in writing of a person duly appointed in that behalf by the relevant fire authority. The information shall be in the Form 15.3, Schedule B, with suitable modifications.

(2) The order of the Court on granting the application shall be in the Form 92.5, Schedule C.

ORDER 93

HOUSING (PRIVATE RENTED DWELLINGS)

Definition

1. In this Order—

"the Act" means the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982), as amended by the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983).

Venue

2. Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area in which is situated the dwelling in relation to which the proceedings are brought.

Notices and orders of Court

3. (1) An application to the Court under section 9 (5) of the Act for an order determining who shall be tenant shall be preceded by the issue and service of a notice in the Form 93.1, Schedule C upon every member of the original tenant's family who was at the time of the relevant death bona fide residing in the dwelling, and upon the landlord of the dwelling. The order of the Court shall be in the Form 93.2, Schedule C.

(2) Where a dispute, failure or question arises or occurs in the carrying out of an order of the Court the application to the Court under section 12 (4) of the Act shall be preceded by the issue and service of a notice in the Form 93.3, Schedule C upon the other party. The order of the Court shall be in the Form 93.4, Schedule C.

(3) An application to the Court under section 15 of the Act seeking compensation for improvements shall be preceded by the issue and service of a notice in the Form 93.5, Schedule C upon the landlord. The order of the Court shall be in the Form 93.6, Schedule C.

(4) Where recovery of possession of a dwelling under section 16 of the Act is sought the application to the Court shall be preceded by the issue and service of a notice in the Form 93.7, Schedule C upon the tenant. The warrant for delivery of possession shall be in the Form 93.8, Schedule C.

(5) An application to the Court under section 18 of the Act to stay execution or to postpone the date of possession shall be preceded by the issue and service of a notice in the Form 93.9, Schedule C upon the other party to the proceedings. In case of urgency, however, the application may be made ex parte on the lodgment of notice with the Clerk and where the Court grants such application the Clerk shall forthwith notify the respondent accordingly.

(6) Where compensation is sought under section 19 of the Act the application to the Court shall be preceded by the issue and service of a notice in the Form 93.10, Schedule C upon the landlord. The order of the Court shall be in the Form 93.11, Schedule C.

(7) An appeal to the Court under section 26 (5) of the Act shall be preceded by the issue and service of a notice in the Form 93.12, Schedule C on the housing authority and upon the tenant. The order of the Court shall be in the Form 93.13, Schedule C.

Service of notices

4. (1) Notices required by this Order to be served shall be served in accordance with the provisions of section 4 of the Act, and where service is effected by registered prepaid post the provisions of section 7 of the Courts Act, 1964 , as amended, shall apply.

(2) Every such notice shall be served one month at least before the date of sitting of the Court to which the notice has been made returnable. Proof of service shall be by statutory declaration. The original of every such notice, with the statutory declaration endorsed thereon, shall be lodged with the Clerk four days at least before the date of sitting of the Court.

Lodgments

5. Where notice of an application under section 15 of the Act seeking compensation for improvements has been served, the landlord may, not later than seven days after being served, lodge in court a sum of money which he or she alleges is sufficient to satisfy the claim, together with the appropriate costs on the scale for undefended cases, and shall at the same time give notice in writing to the applicant of the lodgment, and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to any such lodgment, save that notice of intention to defend shall not be required.

Costs

6. Costs of proceedings under sections 15 and 16 of the Act, where allowed, shall be in accordance with the appropriate scales set out in the Schedule of Costs annexed to these Rules or any similar scales in any other such schedule for the time being in force. Costs of any other proceedings under the Act shall be at the discretion of the Court and may be measured under Order 51, r. 14 hereof.

ORDER 94

IRISH NATIONALITY AND CITIZENSHIP

Definitions

1. In this Order—

"the Act" means the Irish Nationality and Citizenship Act, 1956 (No. 26 of 1956);

"the Act of 1986" means the Irish Nationality and Citizenship Act, 1986 (No. 23 of 1986).

Venue

2. A declaration of fidelity to the nation and loyalty to the State pursuant to section 15 (1) (e) — (as inserted by section 4 of the Act of 1986) — of the Act, when made before a Judge of the District Court, shall be made in open court and may be made at any sitting of the Court.

Form of declaration

3. The prescribed form of such declaration is contained in Irish Nationality and Citizenship Regulations, 1956 ( S.I. No. 216 of 1956 ).

ORDER 95

MALICIOUS INJURIES

Definitions

1. In this Order—

"the Acts" means the Malicious Injuries Acts, 1981 and 1986;

"the Principal Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981).

"the Act of 1986" means the Malicious Injuries (Amendment) Act, 1986 (No. 27 of 1986);

"ratepayer" means any ratepayer of a local authority which is a party to any proceedings for compensation under the Acts;

"third party" means a local authority notified under section 10 (1) of the Principal Act.

Application for compensation

2. (1) An application to the District Court for compensation under the Acts may, subject to the provisions of section 13 of the Principal Act, be brought, heard or determined at any sitting of the Court for the transaction of civil business.

(2) Such application shall be preceded by the issue and service of a notice in the Form 95.1, 95.2, 95.3, 95.4, or 95.5 Schedule C, as may be appropriate, signed by the applicant or solicitor for the applicant. The notice shall be served upon the council of the county or the corporation of the county borough from which it is sought to obtain compensation. Service may be effected by prepaid registered post at least twenty-one days before the date fixed for the hearing of the application.

(3) In the Dublin Metropolitan District the original and copy of every notice of application intended for service shall first be lodged with the Clerk for insertion of the date of hearing thereon.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.

Joinder of other local authority as third party

3. A local authority which has given notice under section 10 of the Principal Act shall lodge a copy of the notice with the Clerk.

Order of the Court

4. (1) A decree awarding compensation under section 11 of the Principal Act in respect of damage or loss shall be in the Form 95.6, 95.7, 95.8, 95.9 or 95.10 Schedule C, as may be appropriate.

(2) An order refusing compensation shall be in the Form 95.11 Schedule C.

Malicious Injuries Book

5. The Clerk shall keep a book to be known as the Malicious Injuries Book in which shall be entered particulars of all notices of application and third party notices lodged under this Order and details of all applications and orders made in the proceedings to which the notices relate.

Costs

6. Costs, where awarded, other than costs of an application for compensation which are payable by a local authority, shall be in accordance with the appropriate scale of costs set out in the schedule of costs annexed to these Rules.

Where liability for compensation is apportioned between two or more local authorities, the costs (and expenses, if any) awarded to the applicant shall be similarly apportioned.

Settlements

7. Where under section 16 (1) of the Principal Act a local authority settles a claim brought against it, the form of consent or settlement (and withdrawal of application) signed by the parties (or a copy thereof) shall be lodged with the Clerk, who shall note the settlement in the Malicious Injuries Book and retain the documents in his or her custody.

Lodgments in court

8. A lodgment made under section 16 (2) of the Principal Act shall be made not later than seven days before the date fixed for the hearing of the application and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to such lodgment, but a notice of intention to defend shall not be required.

Appeals to the Circuit Court

9. (1) The provisions of Order 101 of these Rules relating to appeals to the Circuit Court and the forms therein prescribed shall mutatis mutandis apply to every appeal, including an appeal by a ratepayer, taken under section 17 of the Principal Act.

(2) The Court may exempt an appellant from the requirement to enter into a recognisance for appeal against a decision on an application for compensation under the Principal Act as amended by the Act of 1986.

Cases stated to the Supreme Court

10. The procedure to be followed in relation to cases stated for the opinion of the Supreme Court under section 18 of the Principal Act are contained in Order 102 of these Rules.

Non-compliance with rules

11. Non-compliance with any of the foregoing rules of this Order shall not render any proceedings void unless the Court shall so direct.

Court may extend time, set aside, amend, etc.

12. The Court may, in relation to any act or proceedings under the Acts or under this Order, extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court may think just, such act or proceedings.

ORDER 96

PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION

Proceedings: — under the Air Pollution Act, 1987 (No. 6 of 1987)

Application for warrant

1. (1) An application under section 14 (5) of the Air Pollution Act, 1987 (hereinafter referred to as "the Act of 1987") by an authorised person or the person by whom he or she was appointed for a warrant to enter premises may be made at any sitting of the Court for the court district wherein the premises are situated.

— venue for

— by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 96.1, Schedule C, of the person seeking the warrant.

— form of warrant

(3) A warrant to enter premises granted on foot of such information shall be in Form 96.2, Schedule C.

Application for order under sec. 28A (1)

2. (1) An application to the Court under subsection (1) of section 28A (inserted by the third schedule to the Environmental Protection Agency Act, 1992 — No. 7 of 1992) of the Act of 1987 for an order pursuant to that subsection in relation to an emission from a premises may be made at any sitting of the Court for the court district wherein the premises concerned are situated or wherein the emission concerned takes place.

— venue for

— form of, service and lodgment of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 96.3, Schedule C, upon the respondent in a manner prescribed in section 15 of the Act of 1987, and shall be served at least seven days or, where service is being effected by prepaid registered post, at least twenty-one days prior to the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

— order of the Court on

(3) The order of the Court on granting the application shall be in the Form 96. 4, Schedule C. transfer to Circuit Court or High Court

(4) Where, pursuant to the provisions of section 28A (1) (c) (i) of the Act of 1987, the Court transfers an application made under the said subsection (1) to the Circuit Court or the High Court, the order so transferring shall be in the Form 96.5, Schedule C, and the Clerk shall forthwith transmit a certified copy of the said order and any other order made in the proceedings, the notice of application and any other document or exhibit handed into court in relation to that application, to the appropriate County Registrar or, as the case may be, Registrar of the High Court.

Applications for orders under sec. 55

3. (1) Applications to the Court under section 55 of the Act of 1987 relating to the carrying out of required works and the cost thereof may be made at any sitting of the Court for the court area wherein the premises in relation to which the orders are sought are situated.

— under sec. 55 (2)

(2) An application for an order under section 55 (2) of the Act of 1987 deeming consent to have been given and directing that required works be carried out shall be preceded by the issue and service upon the respondent of a notice in the Form 96.6, Schedule C.

— under sec. 55 (3)

(3) An application for an order under section 55 (3) of the Act of 1987 in relation to the cost of works required to be carried out pursuant to that Act shall be preceded by the issue and service upon the respondent of a notice in the Form 96.7, Schedule C.

— service of notices of

(4) A notice of application required by this rule to be served shall be served in a manner prescribed in section 15 of that Act. Service shall be effected at least seven days or, if being effected by prepaid registered post, at least twenty-one days prior to the date fixed for hearing the application.

The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

— orders of the Court

(5) The order of the Court on granting an application to which this rule relates shall be in the Form 96.8 or 96.9, Schedule C, as the case may be, with any necessary modifications required in particular cases.

— under the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977)

Definitions

4. In this Order—

"the Act of 1977" means the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977);

"the Act of 1990" means the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990).

Application under sec. 10

5.— venue for

(1) An application for an order under section 10 (1) of the Act of 1977 (as substituted by section 7 of the Act of 1990) may be made at any sitting of the Court for the court district wherein the waters concerned or the land or other premises from which the entry or discharge concerned takes place is or are situated.

— notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 96.10, Schedule C, upon the person against whom the order is sought (the respondent) and, where the applicant is not a local authority or regional board, upon the local authority or regional board in whose functional area the waters concerned are situated.

— service

Service of the notice shall be effected in accordance with the provisions of section 32 of the Act of 1977 at least seven days or, where service is being effected by registered prepaid post, at least twenty-one days prior to the date fixed for hearing the application.

— lodgment

When service has been effected and declared the original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting) shall be lodged with the Clerk at least four days prior to the said date for hearing.

Order of the Court

(3) The order of the Court on granting the application shall be in the Form 96.11, Schedule C. Copies of the said order shall be served upon the respondent and the relevant local authority or regional board.

Application for warrant

6. (1) An application for a warrant under section 28 (7) of the Act of 1977 to enter a premises or vessel may be made at any sitting of the Court for the court district wherein the premises or vessel is situated.

— venue for

— by sworn information

(2) Such application shall be made by information on oath and in writing in the Form 96.12, Schedule C.

Form of warrant

(3) A warrant granted pursuant to such application shall be in the Form 96.13, Schedule C.

— under the Environmental Protection Agency Act, 1992 (No. 7 of 1992)

Application for warrant

7. (1) An application under section 13 (6) of the Environmental Protection Agency Act, 1992 for a warrant to enter premises may be made at any sitting of the Court for the court district wherein the premises are situated.

— venue for

— by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 96. 14, Schedule C, of the person seeking the issue of the warrant.

Form of warrant

(3) A warrant to enter premises which is granted pursuant to such application shall be in the Form 96.15, Schedule C.

Complaint in relation to noise

8. (1) A complaint to the Court under section 108 (1) of the Environmental Protection Agency Act, 1992 in relation to noise which is alleged to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance may be made at any sitting of the Court for the court district wherein the source of the noise is located.

— venue for

— notice of service lodgment

(2) Such complaint shall be preceded by the issue and service of a notice, in the form prescribed in the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994 ( S.I. No. 179 of 1994 ), of the intention to make such a complaint, within such time as may be specified in the notice, upon the defendant, that is to say, the person alleged to have made or have caused or have been responsible for the noise. Service may be effected in accordance with the provisions of section 14 of that Act, and the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk.

Form of court order

(3) Where, upon hearing such complaint, the Court makes an order under the said section 108 (1), the order shall be in the Form 96.16, Schedule C.

ORDER 97

ROAD TRAFFIC

Definition

1. In this Order—

"the Act" means the Road Traffic Act, 1961 (No. 24 of 1961) (as amended).

Venue for appeals — under section 18 (8) (c) (ii)

2. (1) An appeal pursuant to section 18 (8) (c) (ii) of the Act against the refusal of the issuing authority to issue a test certificate may be made at any sitting of the Court for the court area in which the vehicle is ordinarily kept.

(2) An appeal

— under section 33 (3A) (b)

(i) pursuant to section 33 (3A) (b) of the Act (inserted by section 21 of the Road Traffic Act, 1968 ) against the refusal of the issuing authority to carry out a test,

— under section 33 (5) (a)

(ii) pursuant to section 33 (5) (a) of the Act against the deferring of a decision by the issuing authority to issue a certificate of competency,

— under sec. 33 (6) (a)

(iii) pursuant to section 33 (6) (a) of the Act against the decision of the issuing authority under section 33 (4) of the Act, or

— under section 34 (5) (a)

(iv) pursuant to section 34 (5) (a) of the Act against the decision of the issuing authority under section 34 (4) of the Act or the deferring of such a decision.

may be made at any sitting of the Court for the court area in which the appellant ordinarily resides.

Form of, service and lodgment of notice of appeal

3. (1) Every such appeal shall be preceded by the issue and service of a notice in the Form 97.1, 97.2, or 97.3 Schedule C, as appropriate, signed by the appellant or solicitor for the appellant.

(2) Such notice shall be served, in accordance with the provisions of Order 10 of these Rules, upon the issuing authority, i.e. the Department of the Environment, and upon any other person directly affected by the appeal at least fourteen days before the date of hearing of the appeal.

(3) The original of the notice, together with statutory declarations) as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

(4) The order of the Court on hearing such appeal shall be in one of the Forms 97.4 97.5, 97.6, 97.7, 97.8, 97.9, 97.10, 97.11, Schedule C, as appropriate.

Applications under sec. 28

4. (1) An application pursuant to section 28 (1) or 28 (2) of the Act by an officer of the Garda Síochána for a special disqualification order in respect of any person may be made at any sitting of the Court for the court area in which such person ordinarily resides.

(2) Such application shall be preceded by the issue and service of a notice in the Form 97.12 or 97.13, Schedule C, as appropriate, signed by such officer.

(3) Such notice shall be served upon the person to whom the application relates at least ten days before the date of hearing of the application.

(4) The original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) The order of the Court on hearing the application shall be in the Form 97.14 or 97.15, Schedule C, as appropriate.

Application for removal of disqualification

5. (1) An application pursuant to section 29 (1) (a) or 29 (1) (b) of the Act (inserted by section 19 of the Road Traffic Act, 1968 ) for the removal of a consequential or ancillary disqualification may be made at any sitting of the court for the court area in which the disqualification order was made.

(2) Such application shall be preceded by the issue and service of a notice in the Form 97.15 or 97.16, Schedule C, as appropriate, signed by the applicant or solicitor for the applicant.

(3) Such notice shall be served upon the superintendent of the Garda Síochana for the district in which the applicant ordinarily resides at least fourteen days before the date of hearing of the application.

(4) The original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) The order of the Court on hearing the application shall be in one of the Forms 97.17, 97.18, 97.19, 97.20, Schedule C, as appropriate.

Search warrant under sec. 106 (6)

6. An application pursuant to section 106 (6) (a) of the Act by a member of the Garda Síochána for the issue of a warrant under that section shall be by information on oath and in writing in the Form 97.21 Schedule C, and, where the Judge of the District Court or the Peace Commissioner grants the application, the warrant shall be in the Form 97.22 Schedule C.

ORDER 98

SOCIAL WELFARE

Proceedings for — contribution towards benefit or allowance

Definitions

1. In this Order—

"the Act" means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);

"allowance" means

—deserted wife's allowance under section 152 of the Act,

—lone parent's allowance under section 158 of the Act, or

—supplementary welfare allowance under section 171 of the Act;

"attachment of earnings order" means an order under section 287 of the Act;

"benefit" means deserted wife's benefit under section 110 of the Act;

"competent authority".

—in relation to deserted wife's benefit, deserted wife's allowance and lone parent's allowance, means the Minister for Social Welfare and,

—in relation to supplementary welfare allowance, means the health board which granted that allowance to a recipient.

Application for order for contribution

2. (1) An application to the Court by a competent authority pursuant to subsection (2) of section 286 of the Act for an order directing the person who is liable to contribute under subsection (1) of that section (hereinafter referred to as the liable relative) to make a contribution towards a benefit or allowance being paid by that authority to a recipient may be brought, heard or determined at any sitting of the Court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation.

— form and service of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 98,1, Schedule C (or such modification thereof as may be appropriate) upon the respondent, that is to say, the liable relative, by registered prepaid post at least twenty-one days prior to the date fixed for the hearing of the application.

— lodgment of notice, etc.

(3) When service has been effected the original notice, together with a statutory declaration as to service thereof and the certificate of posting, shall be lodged with the Clerk at least four days prior to the date of hearing.

Court order — form and service of

3. (1) Where, upon hearing such application, the Court makes an order under section 286 (4) of the Act the order shall be in the Form 98.2, Schedule C (or such modification thereof as may be appropriate). The applicant shall cause the said order to be served upon the respondent by registered prepaid post.

— variation or enforcement of

(2) For the purposes of varying or enforcing an order made under subsection (4) of section 286 of the Act the order shall, as provided in subsection (5) of that section be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926 . The relevant provisions of Order 53 (Enforcement of Judgments) of these Rules and the forms therein prescribed, with any necessary adaptation, shall for such purposes apply in relation to every such order made under the said section 286 (4). rr 6 (2), 7 (4) of 0.53 not to apply to

(3) The provisions of rules 6 (2) and 7 (4) of the said Order 53, which relate respectively to the duration of instalment orders and variation orders, shall not apply to orders made under the said section 286 (4).

— attachment of earnings

(4) Where, in order to secure payments under an order made pursuant to the said section 286 (4), application is made by a competent authority under section 287 of the Act for an attachment of earnings order such application, if not made at the time of the hearing of the application under section 286 (2), may be made at any sitting of the Court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation. The relevant provisions of Part IX of the Act shall apply in every such case.

The procedures to be followed and the forms to be used in relation to such applications are those provided in Order 56 (other than rule 2) of these Rules which are relevant, and that Order and those forms, with any necessary modifications, shall apply in every such case.

Construction of references

4. References in Orders 53 and 56 of these Rules and the forms therein prescribed to "creditor" and "maintenance creditor" or to "debtor" and "maintenance debtor" shall, in so far as they apply to applications or orders to which rule 3 of this Order relates, be construed as references to "competent authority" and "liable relative", respectively.

ORDER 99

*ISSUE OF SUMMONSES BY A CLERK IN MATTERS OTHER THAN CRIMINAL MATTERS

Summons — application for

1. Whenever it is intended to commence proceedings (not being proceedings to which the Courts (No. 3) Act, 1986 relates) in the District Court against a person, and the issue of a summons is sought requiring the appearance of that person before the Court, on a matter or issue which the Court has jurisdiction to hear and determine, application to sign and issue such summons may, unless otherwise provided, be made to the Clerk for the court area wherein that person ordinarily resides or carries on any profession, business or occupation.

— Form of, signing and issue of

2. The applicant for the issue of such summons shall lodge with such Clerk a duly completed summons in the Form 99.1, Schedule C (or such modification thereof as may be appropriate), together with a copy or copies for service. The Clerk shall unless otherwise provided by statute or by rules of court, list the matter or issue for hearing at a sitting of the Court, record the place, date and time of hearing on each document and, having signed and dated the same, shall issue them to the applicant for service.

— Court to which returnable

3. Every summons issued under this Order shall require the appearance of each person to whom it is directed at a sitting of the Court having jurisdiction to deal with the matter or issue set out in the summons, provided that such sitting shall be a sitting of the Court for the court area to which such Clerk is assigned and shall be within the district in which a Judge of the District Court has jurisdiction in relation to the matter or issue aforesaid.

— Service of lodgment of

4. Save where otherwise provided, the provisions of Order 10 (Service of Documents) of these Rules shall mutatis mutandis apply to summonses signed and issued in proceedings to which this Order relates.

— Order 15 (in part) to apply to

5. The provisions of rules 4, 5, 6, 7, 8 and 9 (with any necessary modifications) of Order 15 of these Rules shall apply to summonses signed and issued in proceedings to which this Order relates.

*Provisions relating to the issue of summonses in respect of offences are contained in Order 15 of these Rules.

PART IV

APPEALS AND CASES STATED

ORDER 100

*APPEALS TO THE DISTRICT COURT

Notice of appeal

1. (1) Whenever an appeal to the District Court from any notice given or served or from any decision or direction given in any matter is authorised by statute and no procedure in relation to such appeal is provided by statute or by rules of court, such appeal shall be preceded by the issue and service of a notice of appeal in the Form 100.1 Schedule D (or such modification thereof as may be appropriate).

(2) Such notice of appeal shall be served upon the respondent (i.e. the person who gave the notice, decision or direction from which the appeal is brought) and upon every other person directly affected by the appeal. Unless otherwise provided, the notice may be served in accordance with the provisions of Order 10 of these Rules—

—within fourteen 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 fourteen days before the date of the sitting of the Court to which the notice of appeal is returnable.

(3) When service has been effected, the appellant shall lodge with the Clerk the original of the notice of appeal, together with a statutory declaration as to service thereof.

Copy documents to be lodged

2. The appellant shall also lodge with the Clerk a copy of the notice, decision or direction appealed from and, where appropriate, copies of any other documents or exhibits used in relation thereto.

Court may direct service

3. The Court hearing the appeal may, if it considers it proper to do so, direct that the notice of appeal be served upon any person not already served.

Order of the Court

4. The order of the Court on hearing the appeal shall be in the Form 100.2 Schedule D (or such modification thereof as may be appropriate).

* 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, 1962 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 101

APPEALS TO THE CIRCUIT COURT

Form of notice, time for service

1. Every appeal to the Circuit Court from a decision of the District Court shall be by notice of appeal (Form 101.1 or 101.2 Schedule D) which shall be served upon every party directly affected by the appeal within fourteen days from the date on which the decision appealed from was given.

Lodgment of notice

2. The appellant shall, within the said period of fourteen days, lodge the original of the notice of appeal, together with a statutory declaration as to service thereof, with the Clerk for the court area within which the case was heard.

Ex parte applications

3. A notice of appeal from the refusal of an ex parte application shall be a two days' notice and it shall not be necessary to serve any person.

Recognisance at discretion of Court

4. Subject to the provisions ofO.12, r. 20 of these Rules, a recognisance for the purpose of appeal shall be at the discretion of the Court and where a recognisance is required the Court shall fix the amount of the recognisance in which the appellant and the surety or sureties, if any, are to be bound. A sum of money equivalent to the amount of the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with one of the Forms 101.3, 101.4, 101.5, 101.6, Schedule D, as the case may be, and shall be entered into within the fourteen day period fixed by rule 1 of this Order.

Stay of execution in civil cases etc.

5. Except in cases of appeals from orders committing to prison under the Enforcement of Court Orders Acts, 1926 and 1940, or unless otherwise provided, an appeal shall not operate as a stay of execution in civil proceedings or in Summary proceedings of a civil nature unless the Court shall so order and then only upon such terms as the Court may fix.

Stay of execution in criminal cases, etc.

6. An appeal shall operate as a stay of execution in criminal proceedings and orders committing to prison under the Enforcement of Court Orders Acts, 1926 and 1940. Where, however, the Court requires a recognisance, an appeal shall not operate as a stay of execution unless the recognisance is entered into within the said period of fourteen days. The appellant, if in custody, shall be released upon the notice of appeal being given and the recognisance, if any, being entered into. In any case where a monetary penalty has been imposed on the appellant, the Court may, upon the expiration of the time allowed by the order for payment of the penalty, issue the warrant of committal in default of payment, unless the appellant shall have entered into the recognisance.

Where party is in custody

7. A party desiring to appeal, if in custody, shall be supplied with the necessary forms by the Governor of the prison or other place of detention or the Superintendent or Inspector of the Garda Síochána in whose custody that party is. When completed, such forms shall be transmitted forthwith by such Governor, Superintendent or Inspector, as the case may be, to the Clerk and the notice of appeal to be served upon the opposing party shall be served by a member of the Garda Síochána, who shall make the statutory declaration required by this Order, and such declaration shall be lodged with the Clerk.

Service upon solicitor

8. Whenever the party to be served with a notice of appeal has appeared by a solicitor at the hearing, all notices and other documents to be served upon such party may be served upon the solicitor by whom such party so appeared, and such service may be effected by leaving the documents at the office of such solicitor.

Mode of service

9. The mode of effecting service of any notice of appeal upon a party who shall not have appeared by a solicitor as aforesaid, shall be by serving it personally upon such party, or by leaving it at the residence, office, or place of business of such party, with a clerk, servant, wife, husband, child or other person therein over the age of sixteen years or by posting it in a registered envelope addressed to such party at his or her last known residence, office or place of business, and proof of such service shall be by statutory declaration which, when made, shall be lodged with the clerk.

Lodgment of documents

10. Where, under this Order, any document is required or authorised to be lodged with the Clerk, or any notice is required or authorised to be given to the Clerk, the same may be lodged or given by leaving the document or notice with the Clerk or by forwarding the same by prepaid post to the Clerk and, in such latter case, the date of lodgment or receipt shall be the day of the actual receipt of the document or notice by the Clerk.

Warrant not to issue pending appeal — if issued to be returned

11. In criminal cases and in cases of orders for committal to prison under the Enforcement of Court Orders Acts, 1926 and 1940, where an appeal is lodged and the recognisance, if any, is entered into, and the warrant to execute the Order has not been issued, such warrant shall not be issued until the appeal is decided or the appellant has failed to perform the condition of the recognisance, as the case may be. If the warrant has been issued but not executed, the Clerk shall forthwith notify the' Superintendent of the Garda Síochána that an appeal has been lodged and a recognisance, if any, entered into, and such Superintendent shall return the warrant to such Clerk for cancellation by the Court.

Clerk to send certificate to County Registrar

12. In every appeal, other than an appeal in a civil case, the Clerk shall sign and transmit to the County Registrar, together with the documents specified in Order 43, rule 1 of the Rules of the Circuit Court, 1950 ( S.I. No. 179 of 1950 ), a certificate which shall be in accordance with Form 101.8, Schedule D.

Execution of orders after appeal

13. When Form 101.7, referred to in rule 12, is returned with the County Registrar's certificate duly completed thereon, and if the Circuit Judge has not caused the necessary warrant to enforce the order to be issued, the Clerk shall forthwith prepare and the Judge of the District Court shall issue the necessary warrant or warrants and take all further steps required for the execution of the conviction or order as confirmed or varied and for the enforcement of payment of any costs, compensation or expenses awarded by the Circuit Judge. In criminal cases the Superintendent of the Garda Síochána shall inform the Clerk of any case in which the Circuit Judge has not caused the necessary warrant to be issued.

ORDER 102

CASES STATED

(A) *Cases stated for the Supreme Court

Definition

1. In this Order—

"the Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981).

Notice of application

2. (1) An application pursuant to section 18 (2) (a) of the Act to state and sign a case for the opinion of the Supreme Court shall be by notice in the Form 102.1 Schedule D.

— lodgment of

(2) Such notice shall, when completed, be lodged by the applicant for the case stated or the solicitor for the applicant with the Clerk for the court area in which the proceedings were heard and determined within fourteen days after the determination.

— service of

(3) A copy of the notice shall, within the said fourteen days, be served by registered post upon every other party to the proceedings and upon any ratepayer who appeared and was heard in the proceedings, and where the application is made by a ratepayer a copy of the notice shall be served in like manner upon each of the parties.

Determination to be suspended

3. When an application referred to in rule 2 (1) is made, the determination in respect of which it is made shall be suspended—

( a ) where the application is granted, or where the application is refused and an appeal against the refusal is allowed, until the case stated has been heard and determined,

( b ) where the application is refused and an appeal against the refusal has not been lodged, until the expiration of fourteen days after the refusal.

Question of law arising during the hearing adjournment of proceedings

4. Where the Court, whether on its own motion or upon request, states a case pursuant to section 18 (1) (a) of the Act for the opinion of the Supreme Court on any question of law arising during the hearing of proceedings under the Act, it shall adjourn suchproceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of fourteen days from the day upon which the decision of the Supreme Court shall be given.

Preparation of case stated

5. Where the Court grants an application for, or a request for, a case stated pursuant to section 18 of the Act, or decides on its own motion to state a case, the Judge shall prepare and sign such case within six months from the date of the application, request or decision. To secure agreement between the parties as to the facts, the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

*Further provisions relating to cases stated for the Supreme Court under the Act are contained in Order 110 of the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ).

Refusal to state a case

6. Where the Court refuses to state a case, the Clerk shall send to the applicant for such case stated a certificate of refusal in the Form 102.2 Schedule D and shall send a copy of such certificate to every other party and to any ratepayer who appeared and was heard in the proceedings.

(B) *Cases stated for the High Court

Definitions

7. In this Order

"the Act of 1857" means the Summary Jurisdiction Act, 1857 (20 and 21 Vict. cap. 43);

"the Act of 1961" means the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961).

Appeal — notice of application

8. (1) An application pursuant to section 2 of the Act of 1857 (as extended by section 51 (1) of the Act of 1961) to state and sign a case for the opinion of the High Court shall be by notice in the Form 102.3 Schedule D.

— lodgment of notice

(2) Such notice shall, when completed, be lodged by the appellant or by the solicitor for the appellant with the Clerk for the court area in which the proceedings were heard and determined within fourteen days after the determination.

— service of notice

(3) A copy of the notice shall, within the said fourteen days, be served by registered post upon every other party to the proceedings.

recognisance

9. The appellant shall, subject to the provisions of O.12, r. 20 of these Rules, within fourteen days after the determination enter into a recognisance, in the Form 102.4 Schedule. D, before a Judge of the District Court, with or without a surety or sureties and in such sum or sums as the Judge may determine.

— determination to be suspended

10. When an application referred to in rule 8 (1) is made, the determination in respect of which it is made shall be suspended—

( a ) where the Judge grants the application, until the case stated has been heard and determined, and

( b ) where the Judge refuses to grant the application, until he or she so refuses.

Question of law arising during the hearing — adjournment of proceedings

11. (1) Where a Judge, on request being made to him or her pursuant to section 52 of the Act of 1961 or without request, refers any question of law arising in any proceedings before him or her to the High Court for determination, such Judge shall adjourn the proceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of fourteen days from the day upon which the decision of the High Court shall be given.

Judge may require party to enter recognisance

(2) Whenever a Judge shall adjourn proceedings under this rule he or she may, before so adjourning, in his or her discretion require the party requesting the case stated to enter into a recognisance before such Judge with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4 Schedule D, and when completed it shall be lodged with the Clerk.

In civil cases or in cases of summary jurisdiction of a civil nature such party may, in lieu of entering into a recognisance, lodge with the Clerk the sum determined by the Judge and the Clerk shall retain the same until the Judge shall finally adjudicate upon the proceedings or shall sooner order in relation to such sum.

— where party is in custody

(3) Whenever a Judge shall adjourn proceedings under this rule, he or she may allow to go at large any person who is in custody in or in connection with the proceedings, or may commit such person to prison by warrant, or may in his or her discretion discharge such person on entering into a recognisance with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4 Schedule D and, when completed, it shall be lodged with the Clerk.

Preparation of case stated

12. Where a Judge grants an application pursuant to section 2 of the Act of 1857 or a request pursuant to section 52 of the Act of 1961, or decides pursuant to the said section 52 to refer, without request, a question of law to the High Court for determination, such Judge shall prepare and sign the case stated within six months from the date of the application, request or decision. To secure agreement between the parties as to the facts the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

Applicant to receive the case From the Clerk

*13. When the case has been stated and signed, the appellant or the party requesting the case stated shall forthwith receive the case stated from the Clerk.

Where case stated without request — Clerk to notify parties and transmit case to High Court

*14. Where a Judge refers a question of law arising in proceedings before him or her, without request, to the High Court for determination, and when the case has been stated and signed, the Clerk shall forthwith give notice in writing in the Form 102.5 Schedule D to each party in the proceedings, and shall then transmit the case stated to the Central Office of the High Court.

*Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ).

Refusal to state a case

15. Where a Judge considers that an application or a request for a case stated is frivolous, he or she may refuse to state a case and shall, on the request of the appellant or the party requesting the case stated, sign and cause to be delivered to him or her a certificate of refusal in the Form 102.6 Schedule D and cause a copy thereof to be served upon every other party to the proceedings. A Judge shall not refuse to state a case where application or request for a case stated is made by or under the direction of the Attorney General, the Director of Public Prosecutions, a Minister of the Government or a Minister of State, or the Revenue Commissioners.

SCHEDULE A

RULES WHICH ARE ANNULLED BY THESE RULES

Rules, dated April 21st, 1904, made by the Lord Chancellor of Ireland, in pursuance of the General Dealers (Ireland) Act, 1903.

Amending Rules of August 14th, 1905

District Court Rules, 1942 (No. 2) ( S. R. & O. 1942 No. 144 )

District Court Rules (No. 1), 1947 (Rent Restrictions Act, 1946)

District Court Rules, 1948 ( S. R. & O. 1947 No. 431 )

District Court Rules (No. 2), 1948 ( S.I. No. 270 of 1948 )

District Court Rules (No. 3), 1948 ( S.I. No. 431 of 1948 )

District Court Rules, 1955 ( S.I. No. 83 of 1955 )

District Court Rules (No. 2), 1955 ( S.I. No. 84 of 1955 )

District Court Rules (No. 1), 1962 ( S.I. No. 7 of 1962 )

District Court Rules (No. 2), 1962 ( S.I. No. 8 of 1962 )

District Court (Gaming and Lotteries Act, 1956) Rules, 1962 ( S.I. No. 9 of 1962 )

District Court (Amending) Rules, 1962 ( S.I. No. 178 of 1962 )

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

District Court (Hire Purchase) Rules, 1963 ( S.I. No. 214 of 1963 )

District Court (Criminal Procedure Act, 1967) Rules, 1967 ( S.I. No. 181 of 1967 )

District Court (Charge Sheet) Rules, 1971 ( S.I. No. 225 of 1971 )

District Court (Courts Act, 1971) Rules, 1972 ( S.I. No. 68 of 1972 )

District Court (Counsel's Fees) Rules, 1973 ( S.I. No. 39 of 1973 )

District Court (Maintenance Orders Act, 1974) Rules, 1975 ( S.I. No. 58 of 1975 )

District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] Rules, 1976 ( S.I. No. 96 of 1976 )

District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] (Amendment) Rules, 1980 ( S.I. No. 268 of 1980 )

District Court [Family Law (Protection of Spouses and Children) Act, 1981] Rules, 1981 ( S.I. No. 246 of 1981 )

District Court (Interest on Decrees and Lodgments) Rules, 1982 S.I. No. 140 of 1982 )

District Court (Guardianship of Infants Act, 1964) Rules, 1982 ( S.I. No. 141 of 1982 )

District Court (Malicious Injuries Act, 1981) Rules, 1982 ( S.I. No. 149 of 1982 )

District Court [Fisheries (Consolidation) Act, 1959] Rules, 1982 ( S.I. No. 180 of 1982 )

District Court [Housing (Private Rented Dwellings) Act, 1982] Rules, 1982 ( S.I. No. 296 of 1982 )

District Court (Summons-Servers Fee) Rules, 1984 ( S.I. No. 119 of 1984 )

District Court [Criminal Justice (Community Service) Act, 1983] Rules, 1984 ( S.I. No. 327 of 1984 )

District Court (Gaming and Lotteries) Rules, 1984 ( S.I. No. 1 of 1985 )

District Court [Air Navigation (Eurocontrol) Acts, 1963 to 1983] Rules, 1984 ( S.I. No. 2 of 1985 )

District Court (Third Party Procedure) Rules, 1984 ( S.I. No. 3 of 1985 )

District Court (Criminal Procedure Act, 1967) Rules, 1985 ( S.I. No. 23 of 1985 )

District Court (Form of Summons) Rules, 1987 ( S.I. No. 23 of 1987 )

District Court (Malicious Injuries) Rules, 1987 ( S.I. No. 209 of 1987 )

District Court (Renewal of Intoxicating Liquor Licences) Rules, 1988 ( S.I. No. 145 of 1988 )

District Court (Status of Children Act, 1987) Rules, 1988 ( S.I. No. 152 of 1988 )

District Court (Criminal Justice Act, 1984) Rules, 1988 ( S.I. No. 158 of 1988 )

District Court [Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988] Rules, 1988 ( S.I. No. 173 of 1988 )

District Court (Costs) Rules, 1990 ( S.I. No. 67 of 1990 )

District Court (Costs) (Amendment) Rules, 1990 ( S.I. No. 194 of 1990 )

District Court (Social Welfare — Contribution towards Benefit or Allowance) Rules, 1992 ( S.I. No. 47 of 1992 )

District Court (Criminal Damage Act, 1991) Rules, 1992 ( S.I. No. 53 of 1992 )

District Court (Service of Summonses) Rules, 1992 ( S.I. No. 116 of 1992 )

District Court (Costs) Rules, 1992 ( S.I. No. 225 of 1992 )

District Court (Set-off or Counterclaim) Rules, 1992 ( S.I. No. 317 of 1992 )

District Court (Compensation Order) Rules, 1994 ( S.I. No. 63 of 1994 )

District Court (Service Abroad of Documents in Civil or Commercial Matters) Rules, 1994 ( S.I. No. 120 of 1994 )

District Court (Extradition) Rules, 1994 ( S.I. No. 266 of 1994 )

District Court (Child Care) Rules, 1995 ( S.I. No. 338 of 1995 )

District Court [Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995] Rules, 1995 ( S.I. No. 93 of 1996 )

General heading to be used for all forms:—

/images/en.si.1997.0093.0002.jpg

SCHEDULE B

O.2, r3 (3)

FORMS IN CRIMINAL PROCEEDINGS

No. 2.1

NOTICE OF ADJOURNMENT OF COURT

District Court Area

District No.

All and every person or persons concerned are hereby required to take notice that * (in pursuance of a direction received from the Judge of the District Court assigned to this District) * (in consequence of the Judge of the District Court assigned to this District not having been in attendance at the District Court appointed to be held here on this day within the time prescribed) I, as Clerk for the above-mentioned court area, do hereby adjourn the holding of this Court to the day of 19 , at .m. and all and every person or persons summoned, or bound by recognisance to attend this Court to be held here today, are hereby bound and required to attend as aforesaid without any further notice.

* delete whichever inapplicable

Dated this

day of

19 .

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

Clerk of the District Court

O.10, r.16, 17A

No. 10.1

STATUTORY DECLARATION AS TO SERVICE BY REGISTERED PREPAID

POST PURSUANT TO *( SECTION 7 of THE COURTS ACT, 1964 )

*( SECTION 22 of THE COURTS ACT, 1991 )

I, ..................................................................................... of .............................................................................................

aged sixteen years and upwards, do solemnly and sincerely declare that I served this original document by posting a copy thereof at Post Office at am/pm on the day of 19 in a registered prepaid envelope addressed to the *accused/defendant/respondent // therein named at the address therein stated, and that the address to which such envelope was sent is the last known residence or most usual place of abode/place of business of the person to whom the document is directed,

The certificate of posting of the said envelope is attached hereto,

I am (the *prosecutor/complainant/applicant/ / in the proceedings) *(authorised by the person bringing/appealing the proceedings to post the said envelope),

At the time of posting the said envelope the original document was duly issued *and stamped,

The said envelope has not to this date been returned undelivered to the sender,

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

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

Declared before me by..............................................

*(who is personally known to me)

*(who is identified to me by....................................

*who is personally known to me)

at .................................................... in the County of

this

day of

19 .

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

Judge of the District Court

(or)

Peace Commissioner.

NOTES

This declaration shall be made not earlier than ten days after the day on which the envelope is posted.

* Delete words or clauses which are not applicable.

O.10, r.16

No. 10.2

STATUTORY DECLARATION AS TO SERVICE BY PREPAID REGISTERED

POST PURSUANT TO SECTION 7 of THE COURTS ACT, 1964

I, ..................................................................... of ....................................................................................................

...................................... do solemnly and sincerely declare that I served this original document by posting a copy thereof at Post Office at a.m./p.m. on the day of 19 in a registered prepaid envelope addressed to the Respondent therein named at the address stated therein, there being no Summons Server standing assigned to such area by the County Registrar for the county in which such area is situate, and the address to which such envelope was sent is the last known residence/place of business of the Respondent.

The certificate of posting of the said envelope is attached hereto.

I am */the Applicant*/Applicant's solicitor authorised by the Applicant to post the said envelope.

At the time of posting of the said envelope the original document was duly stamped.

The said envelope has not to this date been returned undelivered to the sender.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

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

Declared before me by................................................

*(who is personally known to me)

*(who is identified to me by......................................

*who is personally known to me)

at.................................................. in the County of

this

day of

19 .

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

Judge of the District Court

(or)

Peace Commissioner.

Note:- This declaration shall be made not earlier than ten days after the day on which the envelope is posted.

O.10, r16, 17A

No. 10.3

STATUTORY DECLARATION AS TO SERVICE BY POST

I, ..................................................................... of ....................................................................................................

aged 16 years and upwards, do solemnly and sincerely declare that I served this original document by posting a copy thereof at Post Office at a.m./p.m. on the day of 19 , in a /images/en.si.1997.0093.0003.jpg prepaid envelope addressed to the *Respondent/Defendant therein named at the address stated therein

*(in pursuance of an order of the Court dated day of 19 )

*The certificate of posting of the said envelope is attached hereto.

The said envelope has not to this date been returned undelivered to the sender AND

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

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

Declared before me by.............................................

*(who is personally known to me)

*(who is identified to me by ....................................

*who is personally known to me)

at.................................................... in the County of

this

day of

19 .

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

Judge of the District Court

(or)

Peace Commissioner.

* Delete where inapplicable.

No. 10. 4

O.10, r.16

STATUTORY DECLARATION AS TO SERVICE

I, .............................................................................................................................................

of ...........................................................................................................................................

do solemnly and sincerely declare that I duly served this original document on the day of 19 , by handing a copy thereof to*

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

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

Declared before me by

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

†(who is personally know to me) †(who is identified to me by

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

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

who is personally known to me),

at ....................................................................................................................................

in the County of on this

day of

19 .

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

Judge of the District Court (or)

Peace Commissioner

* Give particulars of service

† Delete where inapplicable

No. 10.5

O.10, r.23 (3)

COURTS ACT, 1991

Section 22 (6) (a)

NOTICE OF APPLICATION TO HAVE PROCEEDINGS SET ASIDE

District Court Area of

District No.

..........................................................................................................................................................Applicant of .......................................................................................................................

*(in court area and district aforesaid)

WHEREAS a summons was issued under

* section 11 (2) of the Petty Sessions (Ireland) Act, 1851 ]

* section 1 of the Courts (No. 3) Act, 1986 ]

in a case of summary jurisdiction entitled

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

*Complainant

*Prosecutor

-v-

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

*Defendant

*Accused

and said summons was for hearing at a sitting of the Court for the above-named court area on the day of 19 ,

AND WHEREAS the applicant herein is the *defendant *accused named in the summons,

AND WHEREAS the Court on the day of 19 , proceeded to hear the *complaint *accusation to which the summons related,

AND WHEREAS the applicant herein, being the person to whom the summons was directed, did not receive notice of the summons or of the hearing to which the summons related until the day of 19 , being a time after the commencement of the said hearing,

TAKE NOTICE THAT I, the said applicant, intend to apply to the District Court for the said court area, within the time specified in section 22 (6) (a) of the Courts Act, 1991 , upon the date and at the time to be fixed by you, to have the said proceedings set aside.

My address within the State for the service of documents *is as shown above/ *is ................................

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

Dated this

day of

19 .

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

Applicant

To the District Court Clerk for the said court area,

at the District Court Office,

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

No. 10.6

O.10, r.23 (4)

COURTS ACT, 1991

Section 22 (6) (b)

NOTICE OF LISTING OF APPLICATION FOR HEARING

District Court Area of

District No.

...................................................................................................................................................... Applicant

of .................................................................................................................................................................

*(in court area and district aforesaid)

WHERAS proceedings in a case of summary jurisdiction entitled

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

*Complainant

*Prosecutor

-v-

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

*Defendant

*Accused

were brought by summons before the Court on the day of 19 ,

alleging that the *defendant *accused did on the day of 19 , at

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

*(in court area and district aforesaid)—

and the Court on the day of 19 , proceeded to hear the *complaint * accusation to which the summons related,

AND WHEREAS notice of an intended application by the above-named * defendant * accused pursuant to section 22 (6) (a) of the Courts Act, 1991 to have the said proceedings set aside has been lodged with me,

TAKE NOTICE THAT the said application has been listed for hearing at the sitting of the District Court for the said court area to be held

at........................................................................

on the

day of

19 , at a.m./p.m.

Dated this

day of

19 .

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

District Court Clerk for the said

court area.

To

of

*Complainant *Prosecutor

To

of

*Defendant *Accused

* Delete words inapplicable

No. 10.7

O.10, r.23 (5)

COURTS ACT, 1991

Section 22 (7)

ORDER *(SETTING ASIDE) *(REFUSING TO SET ASIDE) PROCEEDINGS

District Court Area of

District No.

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

Applicant

of

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

WHEREAS proceedings in a case of summary jurisdiction entitled

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

*Complainant

*Prosecutor

-v-

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

*Defendant

*Accused

were brought by summons before the Court on the day of 19 ,

alleging that the *defendant*accused did on the day of 19 , at

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

*(in court area and district aforesaid)—

AND WHEREAS the Court on the day of 19 proceeded to hear the *complaint *accusation to which the summons related,

NOW THE COURT, on hearing an application made by the above-named *defendant *accused pursuant to section 22 (6) (a) of the above-mentioned Act to have the said proceedings set aside on the ground that he/she did not receive notice of the summons or of the hearing to which the summons related, and being satisfied that notice of the application was duly served upon the *complainant *prosecutor,

*[HEREBY REFUSES to grant the said application.]

*[HEREBY GRANTS the said application

AND DIRECTS that the *complaint *accusation to which it relates be heard again at the sitting of the District Court to be held at..................................on the day of

19 at a.m./p.m.]

Dated this

day of

19 .

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

Judge of the District Court

* Delete where inapplicable

No. 14.1

O.14, r.6

CRIMINAL PROCEDURE ACT, 1967

Section 17 (2)

CERTIFICATE TO THE HIGH COURT

District Court Area of

District No.

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

Prosecutor

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

Accused

An application having been made this day to me, the Judge by whom the preliminary examination herein was conducted, by the Director of Public Prosecutions pursuant to section 17 (2) of the Criminal Procedure Act, 1967 , AND IT APPEARING to me that

....................................................................................... of ........................................................................................ has

contravened section 17 (1) of that Act by publishing or causing to be published in relation to the preliminary examination of offences with which the above-named accused is charged the following information:-

I HEREBY so certify and I say that I did not permit publication of such information pursuant to section 17 (3) of the Act.

Dated this

day of

19 .

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

Judge of the District Court

To the High Court

No. 15.1

O.15, r.1 (3)

SUMMONS

District Court Area of

District No.

*Complainant

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

*Prosecutor

of

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

*Defendant

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

*Accused

of

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

*(in court area and district aforesaid)

WHEREAS a complaint has been made to me that you, on the day of 19 ,

at .................................................................................................................... *(in court area and district aforesaid)

did

THIS IS TO COMMAND YOU to appear on the hearing of the said complaint at a sitting of the District Court for the court area and district aforesaid to be held at ...................................... on the day of 19 , at a.m./p.m.

to answer to the said complaint.

Dated this

day of

19 .

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

Judge of the District Court

To the above-named

*defendant

*accused

of

* Delete words inapplicable

No. 15.2

O.15, r.2 (1)

COURTS (NO. 3) ACT, 1986

Section 1

SUMMONS

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS on the day of 19 , an application was made to this office by *(on behalf of) the above-named Prosecutor for the issue of a summons to you, the above-named Accused, of *(in court area and district aforesaid) alleging the following offence(s):-

that you did on the

day of

19 ,

at

*(in the court area and district

aforesaid)

contrary to

THIS IS TO NOTIFY YOU that you will be accused of the said offences) at a sitting of the District Court for the court area and district aforesaid to be held at ..............................................................

on the

day of

19 , at a.m./p.m.

AND TO REQUIRE YOU to appear at the said sitting to answer the said accusation(s).

Dated this

day of

19 .

at the District Court Office

at .........................................................................

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

Appropriate District CourtClerk

To

of........................................................................

the above-named accused.

* Delete words inapplicable.

No. 15.3

O.15, r.1 (2)

O.16, r.1 (1)

INFORMATION

District Court Area of

District No.

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

Prosecutor

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

Accused

The information of

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

of

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

who says on oath

*(and the Informant binds himself/herself to attend when and where called on to give evidence against the said accused for the said offence, or otherwise to forfeit to the State the sum of to the use of the Minister for Finance).

Signed

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

Informant

Sworn before me this day of 19 .

at

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

Signed

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

Judge of the District Court

* Delete words inapplicable.

No. 16.1

O.16, r.1 (2) r.6

WARRANT TO ARREST

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS a complaint has been made on oath and in writing that †

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

........................................................................................... of .............................................................................. and to bring him/her without any delay before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

† State nature of charge of compliant with time and place.

No. 17.1 (page 1)

O.17, r.1 (1)

District Court Area of

District No.

CHARGE SHEET

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

Garda Síochána Station

Charge Sheet No. of 19

*Prosecutor......................................................................................................................................................................

*Compliant

*Accused .......................................................

address ...........................................................................................

*Defendant

In private prosecutions ...............................

address ...........................................................................................

signature and address of person making complaint,

*Delete words inapplicable

No. 17.1 (page 2)

O.17, r.1 (1)

*Prosecutor......................................................................................................................................................

*Compliant

*Delete words inapplicable

*Accused..................................................................................................................................

*Defendant

OFFENCE(S) CHARGED:-

No. 17.1 (pages 3 and 4)

O.17, r.1 (1)

Date

Note of Order of the Court

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

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

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

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

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

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

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

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

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

No. 17.2

O.17, r.4 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 31

RECOGNISANCE TAKEN BY MEMBER OF GARDA SIOCHANA

District Court Area of

District No.

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

Prosecutor

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

Accused

We

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

of

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

a

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

and

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

of

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

a

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

and

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

of

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

a ....................................................

severally acknowledge ourselves to owe to the State the several sums

following, that is to say, the said ............................

the sum of ...............................

pounds and the said

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

and the said ................

the sum of ..............................

pounds each to the use

of the Minister for Finance if the above-named accused fails in the condition hereunder.

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

Accused

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

Surety

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

Surety

Acknowledged before me this day of 19 .

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

Member of Garda Síochána

The condition of this recognisance is that the above-named accused will appear before the District Court at on the day of 19 , at .m. and any adjournment thereof until his/her presence is no longer required to answer the charge that ‡

‡ State nature of offence with time and place.

No. 17.3

O.17, r.4 (2)

CRIMINAL PROCEDURE ACT, 1967

Section 31

RECOGNISANCE TAKEN BY MEMBER OF GARDA SIOCHANA

(where a sum of money is accepted in lieu of surety or sureties)

District Court Area of

District No.

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

Prosecutor

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

Accused

I,

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

of ..................................................................................... ,a ..............................................................................................

acknowledge myself to owe to the State the sum of .................... pounds to the use of the Minister for Finance AND in lieu of surety/sureties I have lodged the sum of................ pounds;

AND I further acknowledge that both of the said sums are liable to be forfeit to the said Minister if I fail in the condition hereunder.

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

Acknowledged before me this day of 19

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

Member of Garda Síochána

The condition of this recognisance is that the above-named accused will appear before the District Court at on the day of 19 at .m. and any adjournment thereof until his/her presence is no longer required to answer the charge that‡

‡State nature of offence with time and place

No. 18.1

O.18, r.5

O.24, r.36 (1)

CRIMINAL PROCEDURE ACT, 1967 .

Section 2

RECOGNISANCE

(remand)

District Court Area of

District No.

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

Prosecutor

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

Accused

We

................................................................... of .........................................................................................

a ........................................................................................... and .........................................................................................

of ........................................................................................... a ...........................................................................................

and ........................................................................................ of ..........................................................................................

a............................................ severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said........................the sum of..................... pounds and the said ..............................and the said................ the sum of.......................... pounds each to the use of the Minister for Finance if the above-named accused fails in the condition hereunder.

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

Accused

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

Surety

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

Surety

Acknowledged before me this day of 19 .

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

Judge of the District Court

(or) Peace Commissioner

The condition(s) of this recognisance is/are that the above-named accused will appear before the District Court at on the day of 19 , at .m. and at every place and time to which during the course of the proceedings the hearing may be adjourned until the accused's presence is no longer required to answer the charge that‡

‡ State offence with time and place

No. 18.2

O.18, r.5

O.24, r.30

CRIMINAL PROCEDURE ACT, 1967

Section 22

RECOGNISANCE ON SENDING FORWARD FOR TRIAL OR SENTENCE

District Court Area of

District No.

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

Prosecutor

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

Accused

We........................................................................of........................................................................................

a ....................................................................................... and .......................................................................................

of ....................................................................................... a ..........................................................................................

and ................................................................................... of .........................................................................................

a............................................ severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said......................... the sum of........................... pounds and the said .............................. and the said.............. the sum of ........................... pounds each to the use of the Minister for Finance if the above-named accused fails in the condition hereunder.

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

Accused

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

Surety

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

Surety

Acknowledged before me this

day of

19

Dated this

day of

19

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

Judge of the District Court

(or) Peace Commissioner

The condition of this recognisance is that the above-named accused will appear before the ...................Court to be held at........................on the day of 19 and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of his/her /images/en.si.1997.0093.0004.jpgand also attend any other Court to which the trial may be transferred until the charge against

him/her namely‡

shall be duly disposed of according to law.

*Delete whichever inapplicable

‡State offence with time and place

No. 18.3

O.18, r.6

O.24, r.36

CRIMINAL PROCEDURE ACT, 1967

Section 26

RECOGNISANCE

(where a sum of money is accepted in lieu of surety or sureties) (remand)

District Court Area of

District No.

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

Prosecutor

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

Accused

I, ............................................................................................................................................................................... of....................................................................... ,a .......................................................................................................

acknowledge myself to owe to the State the sum of ............ pounds to the use of the Minister for Finance AND in lieu of surety/sureties I have, pursuant to the direction of the Judge lodged the sum of ................... pounds;

AND I further acknowledge that both of the said sums are liable to be forfeited to the said Minister if I fail in the condition hereunder.

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

Acknowledged before me this day of 19

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

Judge of the District Court

(or) Peace Commissioner

The condition of this recognisance is that the above-named accused will appear before the District Court at on the day of 19 at .m. and at every place and time to which during the course of the proceedings the hearing may be adjourned until the accused's presence is no longer required to answer the charge that*

*State nature of offence with time and place

I hereby certify that in lieu of surety/sureties the above-named...................................... has this day lodged with me, pursuant to the direction of the Judge, the sum of £

Dated this

day of

19 .

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

District Court Clerk

(or)

Governor of......................... Prison

No. 18.4

O.18, r.6

O.24, r.30

CRIMINAL PROCEDURE ACT, 1967

Section 26

RECOGNISANCE

(sending forward for trial or sentence)

(where a sum of money is accepted in lieu of surety or sureties)

District Court Area of

District No.

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

Prosecutor

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

Accused

I, ................................................................................................................................................................................ of ................................................................... ,a ...............................................................................................................

acknowledge myself to owe to the State the sum of .........pounds

to the use of the Minister for Finance AND in lieu of surety/sureties I have, pursuant to the direction of the Judge sending me forward for /images/en.si.1997.0093.0004.jpg, lodged the sum of ............... pounds;

AND I further acknowledge that both of the said sums are liable to be forfeit to the said Minister if I fail in the condition hereunder.

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

Acknowledged before me this day of 19

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

Judge of the District Court

(or) Peace Commissioner

The condition of this recognisance is that the above-named accused will appear before the ................... Court to be held at ........................... on the day of 19 and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of his/her /images/en.si.1997.0093.0004.jpgand also attend any other Court to which the trial may be transferred until the charge against

him/her namely‡

shall be duly disposed of according to law.

I hereby certify that in lieu of surety/sureties the above-named.............. has this day lodged with me, pursuant to the direction of the Judge, the sum of £

Dated this

day of

19 .

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

District Court Clerk

(or)

Governor of .........................Prison

* Delete words inapplicable

†State offence with time and place

No. 18.5

O.18, r.21

REQUEST TO PLACE LODGMENT ON DEPOSIT ACCOUNT

District Court Area of

District No.

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

v.

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

TAKE NOTICE that I,

of

have to-day paid into Court the sum of †£,

being in respect of*

*(give here details of nature of lodgment)

and I hereby request that the said sum be placed on a deposit account.

Dated this

day of

19 .

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

†if it exceeds £150

No. 18.6

O.18, r.10

CERTIFICATE THAT CONDITION(S) OF RECOGNISANCE HAVE BEEN PERFORMED

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

Prosecutor

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

Accused

On the day of 19 the above-named accused

entered into a recognisance conditioned that he would*

In lieu of a surety or sureties ............................................................................................................................ of .........................................................................................................................................................

lodged the sum of £

I now hereby certify that the conditions(s) of the recognisance have been performed.

Dated this

day of

19 .

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

Judge of the District Court

*Insert condition(s)

No. 18.7

O.18, r.12

O.19, r.4

WARRANT TO PRODUCE ACCUSED

District Court Area of

District No.

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

Prosecutor

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

Accused

SEND in custody the above-named accused who was committed on the day of 19 , to the sitting of the District Court at................................... on the day of 19 at .m.

for the purpose of /images/en.si.1997.0093.0005.jpg

Dated this

day of

19 .

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

Judge of the District Court

To the /images/en.si.1997.0093.0006.jpg of the /images/en.si.1997.0093.0007.jpg

at

*Delete whichever inapplicable

No. 18.8

O.18, r.12

CERTIFICATE OF CONSENT TO BAIL

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS .................................................................................................................... of .......................................................................................

was on the day of 19 , committed by the Court

to the /images/en.si.1997.0093.0007.jpg .................................. at ..................................

charged

The Court hereby consents to the said .................................................................... being conditionally released on his/her entering into a recognisance himself/herself in the sum of and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each

†(and further consents that in lieu of such surety or sureties

........... ........... pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

*Delete whichever inapplicable

†Delete where inapplicable

No. 19.1

O.19, r.1

CRIMINAL PROCEDURE ACT, 1967

Section 22

COMMITTAL WARRANT

(remand)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS, the above-named accused was this day before the Court charged that

AND WHEREAS the hearing of the said charge has been adjourned to the sitting of the District Court at ...................... on the day of 19 , at .m.;

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused

....................................................................... of ......................................................................................................

............................................................in the *(prison) *(remand institution he/she being a person who is not less than sixteen nor more than twenty-one years of age) at............................ there to be detained by the /images/en.si.1997.0093.0008.jpg thereof until the above time of adjournment *(being a period not exceeding eight days from the date hereof) *(being a period exceeding eight days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting and this not being the occasion of the first appearance of the accused before the Court) when he shall have him/her at the said sitting to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties ...............pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

*Delete whichever inapplicable

†Delete where inapplicable

No. 19.2

O.19, r.2 (4r)

CRIMINAL PROCEDURE ACT, 1967

Section 24 (4)

COMMITTAL WARRANT

(remand in the absence of accused through illness or accident)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused was on this day due to appear before the Court on remand charged that

AND WHEREAS the Court is satisfied that the accused is by reason of illness or accident unable to appear before the Court on this date;

AND WHEREAS the Court, in the absence of the accused, and pursuant to section 24 (4) of the Criminal Procedure Act, 1967 , has further remanded the accused and adjourned the hearing of the said charge to the sitting of the District Court at .................. on the day of 19 at .m. (being in the opinion of the Court a reasonable period, in the circumstances).

THIS IS TO COMMAND YOU to whom this warrant is addressed to *lodge/*keep the accused

....................................................................................... of.......................................................................

in the *(prison) *(remand institution he/she being a person who is not less than sixteen or more than twenty-one years of age) at ................... there to be detained by the /images/en.si.1997.0093.0008.jpg thereof until the above time of adjournment when he shall have him/her at the said sitting to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

*To the Superintendent of the Garda Síochána at

*To the /images/en.si.1997.0093.0008.jpg of the /images/en.si.1997.0093.0007.jpg

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further contents that in lieu of such surety or sureties ...................pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 19.3

O.2, r.4

O.19, r.2 (5)

NOTICE TO *GOVERNOR OF PRISON OF DATE OF NEXT SITTING

*PERSON IN CHARGE OF REMAND INSTITUTION

District Court Area of

District No.

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

Prosecutor

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

Accused

TAKE NOTICE that there will be no sitting of the District Court at..................on the day of 19 .

The next sitting of the District Court in the above District after the day of 19 will be the sitting of the Court at......................................................on the day of 19 .

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

Clerk of the District Court

*To the Governor of the Prison

at

*To the person in charge of the remand institution

at

No. 19.4

O.19, r.3 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 25

REMAND WARRANT TO GARDA SIOCHANA STATION

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused was this day before the Court charged that

AND WHEREAS the hearing of the said charge has been adjourned to the sitting of the District Court at......................................................................................on the day of 19 , at .m. (being not more than four days from this day);

†(AND WHEREAS the Court is satisfied that suitable facilities are available at ................................................................................for the custody of the accused during the period of remand);

THIS IS TO COMMAND YOU to whom this warrant is addressed to commit the accused to the custody of ................................................................ a member of the Garda Síochána at ........................................... there to be detained until the above time of adjournment when the said member shall have him/her at the above place to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Delete where place of custody is within the Dublin Metropolitan Police District

No. 20.1

O.20, r.1 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 33 (1)

INFORMATION

District Court Area of

District No.

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

Prosecutor

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

Accused

The information of .............................................................................................................................................. of ...............................................................................................................................................................................

who says on oath:-

On the day of 19 , at a sitting of the District Court at

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

of

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

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

entered into a recognisance with

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

of

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

and

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

of

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

as sureties conditioned

(insert condition as on recognisance).

I, being /images/en.si.1997.0093.0009.jpg, believe that the said ..................................................is about to abscond for the purpose of evading justice. The basis for such belief is as follows:-

I therefore apply for the issue of a warrant for the arrest of the said

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

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

Signed

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

Informant

SWORN before me this day of 19 .

Signed

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

Judge of the District Court

* Delete whichever inapplicable

No. 20.2

O.20, r.1 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 33 (1)

WARRANT TO ARREST

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS an information has been made in writing and on oath that the accused

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

of

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

who has been charged with an offence and admitted to bail is about to abscond for the purpose of evading justice;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

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

of

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

and to bring him/her before a Judge of the District Court to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 20.3

O.20, r.1 (3)

CRIMINAL PROCEDURE ACT, 1967

Section 33 (3)

COMMITTAL WARRANT

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused was this day before the Court on foot of a warrant alleging that he/she, having been admitted to bail, was about to abscond for the purpose of evading justice;

AND WHEREAS the order admitting the accused to bail was made at a sitting of the

District Court at

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

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused

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

of

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

in the *(prison) *(remand institution

he/she being a person who is not less than sixteen nor more than twenty-one years of age) at ...................................................... there to be detained by the /images/en.si.1997.0093.0008.jpgthereof until the day of 19 , *(being a period not exceeding eight days from the date hereof) *(being a period exceeding eight days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting) when he shall have him/her at the sitting of the District Court at ....................... in District No......to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties .................pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

*Delete whichever inapplicable

†Delete where inapplicable

No. 20.4

O.20, r.1 (4)

CRIMINAL PROCEDURE ACT, 1967

Section 33 (4)

COMMITTAL WARRANT

(accused awaiting trial)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused was this day before the Court on foot of a warrant alleging that he/she, having been admitted to bail, was about to abscond for the purpose of evading justice;

AND WHEREAS the accused was by order dated the day of 19 , sent forward for trial to the /images/en.si.1997.0093.0010.jpg sitting of the........................................................................................................

............................................................ Court at .................................................................................. on a charge that

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the above-named.

accused

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

of

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

in the *(prison) *(remand institution he/she being a person who is not less than sixteen nor more than twenty-one years of age) at.........................................................there to be detained by the /images/en.si.1997.0093.0008.jpg thereof until his/her trial for the said *person in charge offence and discharge in due course of law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties ................ pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 20.5

O.20, r.1 (4)

CRIMINAL PROCEDURE ACT, 1967

Section 33 (4)

COMMITTAL WARRANT

(remand)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused was this day before the Court on foot of a warrant alleging that he/she, having been admitted to bail, was about to abscond for the purpose of evading justice;

AND WHEREAS the accused stands remanded to the sitting of the District Court at on the day of 19 at .m. charged that:

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the .

accused

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

of

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

in the *prison

*(remand institution he/she being a person who is not less than sixteen nor more than twenty-one years of age) at......................................................................there to be detained by the /images/en.si.1997.0093.0008.jpg thereof until the day of 19

*(being a period not exceeding eight days from the date hereof) *(being a period exceeding eight days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting) when he shall have him/her at the said sitting of the District Court to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties................pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

*Delete where inapplicable

†Delete whichever inapplicable

No. 21.1

O.21, r.1 (1)

WITNESS SUMMONS

District Court Area of

District No.

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

Prosecutor

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

Accused

YOU ARE HEREBY REQUIRED to attend at the sitting of the District Court to be held at

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

on the day of 19 , at .m. and on any day to which the hearing of these proceedings shall be adjourned, to give evidence on behalf of

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

on the hearing of a complaint that the above-named accused did

*AND YOU ARE REQUIRED TO BRING WITH YOU the following accounts, papers, documents (or things)

Dated this

day of

19 .

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

Judge of the District Court

(or)

Clerk of the District Court

(or)

Peace Commissioner

To

Of

NOTE

If, without lawful excuse, you do not obey this summons, a warrant for your arrest may be issued.

*Delete where inapplicable

No. 21.2

O.21, r.1 (5)

INFORMATION

WITNESS EVADING SERVICE OF SUMMONS

District Court Area of

District No.

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

Prosecutor

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

Accused

The information of

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

of

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

who says on oath:-

I am

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

(State interest in proceedings)

On the day of 19 , a summons was issued

requiring*

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

of

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

to attend to give evidence on behalf of

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

at the sitting of the District Court to be held at

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

on the day of 19 , at .m. on the hearing of a complaint that the above-named accused did

I believe that the said*

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

is evading service of that summons, and is able to give evidence in the case. The basis for my belief is that:-

I therefore apply for the issue of a warrant for the arrest of the

said.....................................................................................................................................................................................

Signed

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

Informant

SWORN before me this day of 19 .

Signed

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

Judge of the District Court

* witness's name

No. 21.3

O.21, r.1 (5)

WARRANT FOR ATTENDANCE OF WITNESS

(evading service of summons)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS an information has been made on oath and in writing that on the

day of 19 , a summons was issued requiring*.

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

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

of

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

to attend to give evidence on behalf of

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

at the sitting of the District Court to be held at

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

on the day of 19at .m. on the hearing of a complaint that the

above-named accused did

AND WHEREAS I am satisfied that the said *.

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

is evading service of the said summons and is able to give evidence in the case;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said*

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

of

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

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Witness's name

No. 21.4

O.21, r.1 (5)

WARRANT FOR ARREST OF WITNESS

(non-appearance on summons)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS on the day of 19 , a summons was issued requiring

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

of

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

to attend as a WITNESS at a sitting of the District

Court to be held at

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

on the day of

19 , at .m. for the purpose of giving evidence on behalf of

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

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

on the hearing of a complaint that the

above-named accused did

AND WHEREAS the said

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

has failed to attend at the said time and place;

AND WHEREAS it has been duly proved that the summons was served on the said.....................................................................................................................................................................................

in accordance with the provisions of the District Court Rules;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

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

of

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

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 21.5

O.21, r.1 (6)

INFORMATION

(Witness refusing to attend)

District Court Area of

District No.

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

Prosecutor

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

Accused

The information of

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

of

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

who says on oath:-

I am †

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

A complaint has been made that at

on the day of 19 , the above-named accused did

and the hearing of the said complaint is to take place at the sitting of the District

Court to be held at

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

on the day of

19 , at . m. I believe that *

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

of

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

is able to give evidence concerning the matter of the complaint, and will not attend to give evidence without being compelled to do so. The basis for my belief is that:-

I therefore apply for the issue of a warrant for the arrest of the said*

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

Signed

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

Informant

SWORN before me this day of 19 .

Signed

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

Judge of the District Court

† State interest in proceedings

*Witness's name

No. 21.6

O.21, r.1 (6)

WARRANT TO ARREST

(Witness refusing to attend)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS a complaint has been made that the above-named accused on the

day of 19 , at

did

AND WHEREAS the hearing of the said complaint is to take place at

the sitting of the District Court to be held at

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

on the day of 19 , at .m.

AND WHEREAS I am satisfied by Information made on the day of

19 that*

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

of

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

is able to give evidence concerning the matter of the complaint and that it is probable

that he/she will not attend to give evidence without being compelled to do so;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest

the said *

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

of

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

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

*Witness's name

No. 21.7

O.21, r.2 (1)

WARRANT OF COMMITTAL OF WITNESS

(refusal to give evidence or produce documents)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS

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

of

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

attended this day before the Court on foot of a /images/en.si.1997.0093.0011.jpg for the purpose of *warrant

giving evidence on behalf of

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

on the hearing of a complaint that the above-named accused did

AND WHEREAS the Court is satisfied that the said

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

is able to give evidence concerning the said complaint but

†(refuses to be examined upon oath concerning the said complaint)

†(refuses to answer lawful questions put to him/her concerning the said complaint)

†(refuses to produce

having been ordered so to do),

AND WHEREAS the hearing of the above-mentioned proceedings has been

adjourned to the sitting of the District Court to be held at

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

in said District on the day of 19 , at .m. ; (being a day not exceeding eight days from the date hereof).

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said

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

of

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

in the *(prison) *(remand institution he

being a person who is not less than sixteen nor more than twenty-one years of age) at

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

there to be detained by the /images/en.si.1997.0093.0008.jpg thereof until the above time of *person in charge adjournment when you shall have him/her at the said sitting to be further dealt with according to law;

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 22.1

O.22, r.1

INFORMATION

(accused evading service of summons or has or is about to abscond)

District Court Area of

District No.

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

Prosecutor

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

Accused

The information of

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

of

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

who says on oath:-

I am *

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

On the day of 19 , a summons was issued requiring the accused to appear at the sitting of the District Court to be held

at

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

on the day of

19 , at .......m., on the hearing of a complaint that he/she did

I believe that—

*(the accused is evading service of the said summons)

*(the accused *(is about to abscond) *(has absconded))

The basis for my belief is that:-

I therefore apply for the issue of a warrant for the arrest of the

accused

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

of

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

Signed

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

Informant

SWORN before me this day of 19 .

Signed

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

Judge of the District Court

* State interest in proceedings

* Delete whichever inapplicable

No. 22.2

O.22, r.1

WARRANT FOR ARREST OF ACCUSED

(non-appearance on summons or about to abscond)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS on the day of 19 a summons was issued requiring the

above-named accused of

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

to appear at a sitting of the District Court to be held at

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

on the day of 19 , at .m, on the hearing of a complaint that he/she

did

*AND WHEREAS the accused has failed to appear at the said time and place;

AND WHEREAS it has been duly proved that the summons was served upon the accused in accordance with the provisions of the District Court Rules;

†AND WHEREAS an information has been made on oath and in writing that † (the accused is evading service of the summons) † (the accused is about to abscond) † (the accused has absconded);

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the

accused

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

of

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

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Delete where inapplicable

† Delete whichever inapplicable

No. 22.3

O.22, r.2

WARRANT TO ARREST

(accused remanded on bail and failing to appear)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS

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

of

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

, the above named accused, was

arrested and charged that*

AND WHEREAS the accused was admitted to bail by recognisance on the

day of 19 conditioned for his/her appearance at the sitting of the

District Court at ..............................

on the day of 19 , at a.m./p.m. and

at every place and time to which during the course of the proceedings the hearing might be adjourned until the accused's presence was no longer required to answer the said charge,

AND WHEREAS the accused has failed to appear at the time on a date and at a place at which he/she was bound so to do by the condition of that recognisance,

AND WHEREAS the recognisance has on this day been produced to me at a sitting of the Court before which the accused was bound to appear,

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest

accused

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

of

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

and to bring him/her before me or another Judge of the District Court to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Set out offence with time and place

No. 22.4

O.22, r.3

COURTS ACT, 1991

Section 22 (4)

NOTICE OF ADJOURNED HEARING

District Court Area of

District No.

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

*Complainant

*Prosecutor

of

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

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

*Defendant

*Accused

of

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

*(in court area and district aforesaid)

WHEREAS proceedings in a case of summary jurisdiction entitled as above were before this Court for hearing to-day, brought by summons dated the day of 19 , issued under

* section 11 (2) of the Petty Sessions (Ireland) Act, 1851 ]

* section 1 of the Courts (No. 3) Act, 1986 ]

on the application of the above-named *complainant *prosecutor and served upon you, the above-named *defendant *accused, in accordance with the provisions of section 22 (1) of the Courts Act, 1991 (i.e. by ....................) and alleging that you did on the day of 19 at *(in court area and district aforesaid)-

AND WHEREAS YOU, being the person to whom the summons was directed, neither appeared at the time and place specified in the summons nor at the hearing today of the *complaint *accusation to which the summons relates,

AND WHEREAS the Court considered it undesirable, in the interests of justice, to continue the hearing in your absence and has, pursuant to section 22 (4) of the Courts Act, 1991 , adjourned the said hearing,

TAKE NOTICE THAT the said adjourned hearing will take place at the sitting of

the District Court to be held at

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

on the day of 19 , at a.m./p.m.,

where and when you are required to attend to answer the said *complaint

*accusation.

Dated this

day of

19 .

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

District Court Clerk for the said

court area.

To

of

The above-named *defendant *accused

NOTE

Where a person to whom this notice is issued fails to appear at the said adjourned hearing, the Court may, pursuant to section 22 (5) of the Courts Act, 1991 , issue a warrant for the arrest of that person.

* Delete words inapplicable

No. 23.1

O.23, r.11

NOTICE OF IMPOSITION OF PENALTY

District Court Office

Courthouse

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

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

.v. You.

*Prosecutor

*Complainant

This is to inform you that upon the hearing of the complaint made against you in the above-named proceedings a penalty of £ *(including costs) was imposed on you by the District Court sitting at ...........................on the day of 19 and that you were allowed a period of .................... clear days for the payment thereof.

Payment should be made within that period to the District Court Clerk at the above address. Cheques, money orders or postal orders should be crossed and made payable to the said Clerk.

Kindly forward this notice with your payment. It will be returned to you with official receipt.

Should you wish to appeal against the penalty you should take the necessary steps in that regard within fourteen days from the date of the Court Order.

If you fail to pay the said penalty within the period specified above and if no notice of appeal is duly lodged, then a warrant to distrain your goods or a warrant for your committal to prison in default of payment will be issued.

Dated this

day of

19 .

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

District Court Clerk

To

of

* Delete if inapplicable

No. 24.1

O.24, r.5

CRIMINAL PROCEDURE ACT, 1967

Section 13 (2) (b)

PLEA OF GUILTY

District Court Area of

District No.

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

Prosecutor

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

Accused

I,

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

the above-named accused, being

before the Court charged that

hereby plead guilty to the said charge

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

Accused

Taken before me this day of 19

at

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

Judge of the District Court

No. 24.2

O.24, r.5

CRIMINAL PROCEDURE ACT, 1967

Section 13 (2) (b)

ORDER SENDING FORWARD ON A PLEA OF GUILTY

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused is before the Court charged that

AND WHEREAS the Court has ascertained that he/she wishes to plead guilty to the said charge;

AND WHEREAS the Court is satisfied that the accused understands the nature of the offence and the facts alleged;

AND WHEREAS the accused has signed a plea of guilty;

THE COURT HEREBY ORDERS that he/she be sent forward for sentence on the

aforesaid

charge to the /images/en.si.1997.0093.0010.jpg sitting of the ....................................... Court ..................................

at ...................................................... /images/en.si.1997.0093.0012.jpg

(THE COURT FURTHER ORDERS that until the said conditions of the release are fulfilled the accused be detained in custody).

Dated this

day of

19 .

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

Judge of the District Court

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties .............pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.3

O.24, r.6

CRIMINAL PROCEDURE ACT, 1967

Section 12

ORDER SENDING FORWARD WITHOUT PRELIMINARY EXAMINATION

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused is before the Court charged that

AND WHEREAS the accused has waived the preliminary examination and elected to be sent forward for trial with plea of not guilty;

AND WHEREAS I have informed the accused of the requirements of Section 20 of the Criminal Justice Act 1984 ,

I HEREBY ORDER that the accused be sent forward for trial on the

aforesaid offences) to the /images/en.si.1997.0093.0010.jpg sitting of the ..................................................................

................................................................................................. Court at.................................................................

/images/en.si.1997.0093.0012.jpg

†(I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody).

Dated this

day of

19 .

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

Judge of the District Court

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties ...................pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.4

O.24, r.8

CRIMINAL PROCEDURE ACT, 1967

Section 12

ORDER SENDING FORWARD WITHOUT PRELIMINARY EXAMINATION

(child or young person)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS the above-named accused, being a child or young person within the meaning of the Children Acts, 1908 to 1989, is before the Court charged that

AND WHEREAS he/she has waived the preliminary examination and elected to be sent forward for trial with a plea of not guilty;

AND WHEREAS ...................... of ......................................... being the /images/en.si.1997.0093.0013.jpg

having the actual possession and control of the accused, consents to his/her waiving of the said preliminary examination;

AND WHEREAS I have informed the accused (and the said parent/guardian) of the requirements of Section 20 of the Criminal Justice Act, 1984 ,

I HEREBY ORDER that the accused be sent forward for trial on the aforesaid charge to the /images/en.si.1997.0093.0010.jpg sitting of the ....................................... Court at ...............................................................

/images/en.si.1997.0093.0012.jpg

†(I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody).

Dated this

day of

19 .

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

Judge of the District Court

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties ...................pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.5

O.24, r.10 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 6 (1) (a)

STATEMENT OF CHARGES

District Court Area of

District No.

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

Prosecutor

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

Accused

The above-named accused is charged as follows:-

(here set out copy of each charge that has been preferred against the accused)

Dated this

day of

19 .

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

by or on behalf of Prosecutor

No. 24.6

O.24, r.10 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 6 (1) (b)

COPY OF SWORN INFORMATION

District Court Area of

District No.

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

Prosecutor

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

Accused

No. 24.7

O.24, r.10 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 6 (1) (c)

LIST OF WITNESSES

District Court Area of

District No.

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

Prosecutor

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

Accused

The following is a list of the witnesses whom it is proposed to call at the trial:-

No.

Name

Address

Dated this

day of

19 .

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

by or on behalf of Prosecutor

No. 24.8

O.24, r.10 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 6 (1) (d)

STATEMENT OF EVIDENCE

District Court Area of

District No.

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

Prosecutor

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

Accused

Statement of the evidence that is to be given by

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

(witness no. ):-

No. 24.9

O.24, r.10 (1)

CRIMINAL PROCEDURE ACT, 1967

Section 6 (1) (e)

LIST OF EXHIBITS

District Court Area of

District No.

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

Prosecutor

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

Accused

Number or other identifying mark on

exhibit

Description of exhibit

Dated this

day of

19 .

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

by or on behalf of Prosecutor

No. 24.10

O.24, r.13

CRIMINAL PROCEDURE ACT, 1967

Section 6 (4)

FURTHER STATEMENT OF EVIDENCE

District Court Area of

District No.

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

Prosecutor

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

Accused

Further statement of the evidence that is to be given by

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

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

(witness no ):-

No. 24.11

O.24, r.14

CRIMINAL PROCEDURE ACT, 1967

DEPOSITION OF ARREST, CHARGE AND CAUTION

District Court Area of

District No.

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

Prosecutor

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

Accused

THE DEPOSITION OF

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

of

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

taken before me, in the presence and hearing of the above-named accused who stands charged as follows:-

The deponent says on oath:

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

Deponent

Taken before me this

day of

19.

at

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

Judge of the District Court

No. 24.12

O.24, r.14

CRIMINAL PROCEDURE ACT, 1967

Section 7 (2)

DEPOSITION

District Court Area of

District No.

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

Prosecutor

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

Accused

THE DEPOSITION OF

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

of

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

taken before me, in the presence and hearing of the above-named accused who stands charged as set out in the statement of charges served upon him/her.

The deponent says on oath:-

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

Deponent

Taken before me this

day of

19

at

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

Judge of the District Court

No. 24.13

O.24, r.14

CRIMINAL PROCEDURE ACT, 1967

Section 7 (2)

DEPOSITION OF ACCUSED

District Court Area of

District No.

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

Prosecutor

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

Accused

THE DEPOSTION of the above-named accused who stands charged as set out in the statement of charges served upon him/her.

The deponent says on oath:

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

Deponent

Taken before me this

day of

19 .

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

Judge of the District Court

No. 24.14

O.24, r.14

CRIMINAL PROCEDURE ACT, 1967

Section 14

DEPOSITION

District Court Area of

District No.

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

Prosecutor

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

Accused

THE DEPOSITION OF

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

of

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

taken before me, in the presence and hearing of the above-named accused who stands charged as set out in the statement of charges served upon him/her and the accused having been first informed that this deposition may be read as evidence at his/her trial if it is proved that

( a ) the deponent is dead or unable to attend or prevented from attending to give evidence at the trial, and

( b ) the deposition was taken in the presence of the accused, and

( c ) an opportunity was given for the cross-examination and re-examination of the deponent

(except in the case of the deponent's death this deposition shall not be read if the trial judge considers that to do so would not be in the interests of justice)

The deponent says on oath

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

Deponent

Taken before me this

day of

19 .

at

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

Judge of the District Court

No. 24.15

O.24, r.15

CRIMINAL PROCEDURE ACT, 1967

Section 8 (1)

ORDER ON PRELIMINARY EXAMINATION

District Court Area of

District No.

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

Prosecutor

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

Accused

THE COURT, being of opinion that there is a sufficient case to put the above-named accused on trial for offence(s) numbered .............in the statement of charges and with which the accused has been charged,

AND having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 ,

ORDERS that the accused be sent forward for trial on the aforesaid offence(s) to the

*next

sitting of the

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

Court

present

at

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

*in custody

*on conditional release set out hereunder

†(THE COURT FURTHER ORDERS that until the said conditions of the release are fulfilled the accused be detained in custody)

†(AND THE COURT FURTHER ORDERS that the accused be discharged in respect of offences numbered ...................... in the statement of charges).

Dated this

day of

19 .

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

Judge of the District Court

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties .................... pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.16

O.24, r.16

CRIMINAL PROCEDURE ACT, 1967

Section 8 (2)

CHARGE OF INDICTABLE OFFENCE

District Court Area of

District No.

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

Prosecutor

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

Accused

You

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

are hereby

charged that

Dated this

day of

19 .

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

by or on behalf of Prosecutor

No. 24.17

O.24, r.16

CRIMINAL PROCEDURE ACT, 1967

Section 8 (2)

ORDER ON PRELIMINARY EXAMINATION

District Court Area of

District No.

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

Prosecutor

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

Accused

THE COURT, being of opinion that there is a sufficient case to put the above-named accused on trial for the following offence(s) with which he/she has been charged:-

AND having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 ,

ORDERS that the accused be sent forward for trial on the aforesaid offence(s) to the /images/en.si.1997.0093.0010.jpg sitting of the ....................................................................................................................... Court

at ..................................................................................../images/en.si.1997.0093.0012.jpg

†(THE COURT FURTHER ORDERS that until the said conditions of the release are fulfilled the accused be detained in custody).

Dated this

day of

19 .

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

Judge of the District Court

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties ...................... pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.18

O.24, r.17

CRIMINAL PROCEDURE ACT, 1967

Section 8 (4)

CHARGE OF SUMMARY OFFENCE

District Court Area of

District No.

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

Prosecutor

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

Accused

You

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

are hereby

charged that

Dated this

day of

19 .

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

by or on behalf of Prosecutor

No. 24.19

O.24, r.18

CRIMINAL PROCEDURE ACT, 1967

Section 9

WITNESS ORDER

District Court Area of

District No.

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

Prosecutor

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

Accused

THE COURT HEREBY ORDERS that each person whose name is set out in the list of witnesses herein and numbered .............................thereon and the following additional persons whose depositions have been taken:-

do attend and give evidence at the /images/en.si.1997.0093.0010.jpg sitting of the ......................................

Court .......................................................................................................................................................................

and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of the above trial and also attend any other Court to which the trial may be transferred.

†AND THE COURT FURTHER ORDERS that each of the following persons shall

there and then produce the document or thing specified hereunder.

Witness No.

(if any)

Name

Document or thing to be produced

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.20

O.24, r.19

CRIMINAL PROCEDURE ACT, 1967

Section 9

NOTICE OF WITNESS ORDER

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

Prosecutor

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

Accused

TAKE NOTICE that on the day of 19 ,

a WITNESS ORDER was made in the above matter requiring you to attend and give evidence at the trial *(and furthermore to bring with you the following documents or things):-

The said trial will take place at

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

on the day of 19 , at .m. and may be adjourned from time to time, and you are required to attend on that day, and on any day to which the said trial may be adjourned, or transferred.

Dated this

day of

19 .

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

by or on behalf of Prosecutor

To

of

NOTE: Under section 9 (2) of the Criminal Procedure Act, 1967 , a person who without just excuse disobeys a witness order shall be guilty of contempt of Court.

* Delete where inapplicable

No. 24.21

O.24, r.20

CRIMINAL PROCEDURE ACT, 1967

Section 9 (3)

INFORMATION

District Court Area of

District No.

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

Prosecutor

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

Accused

The information of

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

of

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

who says on oath:-

On the day of 19 , a WITNESS ORDER was made requiring the

attendance of

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

of

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

at the trial of the above-named accused at the /images/en.si.1997.0093.0010.jpg sitting of the

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

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

Court at

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

I believe that it is unlikely that the said

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

will comply with the said order for the following reason(s):-

I therefore apply for the issue of a /images/en.si.1997.0093.0011.jpg

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

Informant

SWORN before me this day of 19

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

Judge of the District Court

* Delete whichever inapplicable

No. 24.22

O.24, r.21

CRIMINAL PROCEDURE ACT, 1967

Section 9 (3)

SUMMONS FOR ATTENDANCE OF WITNESS

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS on the day of 19 , a WITNESS ORDER was made herein requiring your attendance at the trial of the above-named accused;

AND WHEREAS I am satisfied by information on oath and in writing that you are unlikely to comply with the said order;

YOU ARE HEREBY COMMANDED to attend before the sitting of the District

Court to be held at

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

on the

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

day of

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

19 , at

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

.m. for the

purpose of determining whether you should be bound by recognisance to comply with the said order.

Dated this

day of

19 .

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

Judge of the District Court

To

of

NOTE: Section 9 (3) of the Act provides as follows:-

"If, on the application of the Attorney General or an accused person, the Judge is satisfied by evidence on oath that a particular person is unlikely to comply with a witness order, the Judge may bind him by recognisance to appear at the trial and if he refuses to be so bound the Judge may by warrant commit him to custody until the trial or until he enters into the recognisance; and the Judge shall have the same powers for enforcing the attendance of such person before him for the purposes of this subsection as the District Court has in relation to witnesses in criminal proceedings."

No. 24.23

O.24, r.21

CRIMINAL PROCEDURE ACT, 1967

Section 9 (3)

WARRANT FOR ATTENDANCE OF WITNESS

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS on the day of 19 , a WITNESS ORDER was made

herein requiring the attendance of

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

of

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

at the trial of the above-named accused;

AND WHEREAS I am satisfied by information on oath and in writing that the said

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

is unlikely to comply with the said order;

AND WHEREAS I am further satisfied that it is probable that the said

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

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

will not attend before the Court, without being compelled to do

so for the purpose of determining whether he/she should be bound by recognisance to comply with the said witness order;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said of ............................... and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.24

O.24, r.22

CRIMINAL PROCEDURE ACT; 1967

Section 9 (3)

WARRANT FOR ARREST OF WITNESS

(non-appearance on summons)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS on the day of 19 , a summons was issued requiring

of

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

to attend at a sitting of the District Court to be held at

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

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

on the

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

day of

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

19........., at .m. for the purpose of determining whether he/she should be bound by recognisance to comply with the WITNESS ORDER dated the day of 19 , ordering him/her to attend at the trial of the above-named accused;

AND WHEREAS the said

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

has failed to attend at the said time and place;

AND WHEREAS it has been duly proved that the summons was served upon the said .......................... in accordance with the provisions of the District Court Rules;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

of

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

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.25

O.24, r.23

CRIMINAL PROCEDURE ACT, 1967

Section 9 (3)

WITNESS RECOGNISANCE

District Court Area of

District No.

I,

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

of.................................................................................

a

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

acknowledge myself to owe to the State the sum of

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

pounds to the use of the Minister for Finance if I fail in the condition hereunder.

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

Acknowledged before me this day of 19

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

Judge of the District Court

The condition of this recognisance is that the said ..........................................................................................

............................... do attend at the trial of the above-named accused at the

/images/en.si.1997.0093.0010.jpg

sitting of the ................................................................ Court at ......................................................................................

and any adjournment thereof until his/her presence at the trial is no longer required.

*Delete whichever inapplicable

No. 24.26

O.24, r.23

CRIMINAL PROCEDURE ACT, 1967

Section 9 (3)

WARRANT OF COMMITTAL OF WITNESS

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS

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

of

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

attended this day before the Court on foot of a /images/en.si.1997.0093.0011.jpg

for the purpose of determining whether he/she should be bound by recognisance to

comply with the witness order dated the

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

day of

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

19

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

, in the above matter:

AND WHEREAS the said

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

, having been

ordered by the Court to enter into a recognisance himself/herself in the sum of

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

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

pounds to comply with the said order, has refused to do so;

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said

of

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

in the prison at

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

there to be

imprisoned by the Governor of the said prison until the trial of the accused or until he/she enters into the said recognisance.

Dated this

day of

19

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.27

O.24, r.24

CRIMINAL PROCEDURE ACT, 1967

Section 14

INFORMATION

District Court Area of

District No.

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

Prosecutor

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

Accused

The information of

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

of

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

who says on oath:-

I believe that

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

of

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

a prospective witness at the trial of the above-named accused may be

/images/en.si.1997.0093.0014.jpg

to give evidence at the trial of the accused for the following reasons:

I therefore apply for the issue of a

/images/en.si.1997.0093.0011.jpg

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

Informant

SWORN before me this day of 19

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

Judge of the District Court

*Delete whichever inapplicable

No. 24.28

O.24, r.25

CRIMINAL PROCEDURE ACT, 1967

Section 14

WITNESS SUMMONS

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS an information has been made on oath and in writing that

you may be

/images/en.si.1997.0093.0014.jpg

to give evidence at the trial of the above-named accused;

AND WHEREAS I am of opinion that it is necessary in the interests of justice that your evidence be taken by way of sworn deposition;

I HEREBY ORDER ACCORDINGLY AND COMMAND YOU to attend at the

sitting of the District Court to be held at

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

on the

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

day of

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

19

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

at

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

.m. to give evidence by way of sworn deposition.

†AND you are to bring with you the following documents (or things):-

Dated this

day of

19 .

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

Judge of the District Court

To

of

*Delete whichever inapplicable

†Delete where inapplicable

No. 24.29

O.24, r.25

CRIMINAL PROCEDURE ACT, 1967

Section 14

WARRANT FOR ATTENDANCE OF WITNESS

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS an information has been made on oath and in writing that

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

of

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

a prospective witness at the trial of the

above-named accused may be

/images/en.si.1997.0093.0014.jpg

to give evidence at the trial of the accused;

AND WHEREAS I am of opinion that it is necessary in the interests of justice that his/her evidence be taken by way of sworn deposition;

AND WHEREAS I am satisfied that it is probable that he/she will not attend without being compelled to do so;

I HEREBY ORDER ACCORDINGLY AND COMMAND YOU to whom this warrant

is addressed to arrest the said

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

of

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

and to bring him/her before me or another Judge to be dealt with according to law

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.30

O.24, r.26

CRIMINAL PROCEDURE ACT, 1967

Section 14

WARRANT FOR ARREST OF WITNESS

(non-attendance on summons)

District Court Area of

District No.

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

Prosecutor

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

Accused

WHEREAS on the day of 19 , a summons was issued requiring

of

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

to attend as a WITNESS at

a sitting of the District Court at

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

on the

day of 19 , at .m. for the purpose of taking his/her evidence by way of sworn deposition;

AND WHEREAS the said

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

has failed to attend at the said time and place;

AND WHEREAS it has been duly proved that the summons was served upon the

said

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

in accordance with the provisions of the District Court Rules;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

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

of

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

and to bring him/her before me or

another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.31

O.24, r.27

CRIMINAL PROCEDURE ACT, 1967

Section 14

SUMMONS TO ACCUSED TO ATTEND TAKING OF FURTHER DEPOSITION

District Court Area of

District No.

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

Prosecutor

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

Accused

YOU ARE HEREBY COMMANDED to attend the sitting of the District Court to

be held at

on the day of 19 ,

at .m. for the purpose of being present at the taking of the deposition of

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

in the above-named proceedings.

Dated this

day of

19 .

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

Judge of the District Court

To

of

(the above-named accused)

No. 24.32

O.24, r.27

CRIMINAL PROCEDURE ACT, 1967

Section 14

WARRANT FOR ARREST OF ACCUSED

District Court Area of

District No.

......................................................................................................................................................................... Prosecutor

............................................................................................................................................................................. Accused

WHEREAS an information has been made on oath and in writing that

........................................................................................of .................................................................................................

a prospective witness at the trial of the above-named accused may be

/images/en.si.1997.0093.0014.jpg

to give evidence at the trial of the accused;

AND WHEREAS I am of opinion that it is necessary in the interests of justice that the evidence of the said witness be taken by way of sworn deposition;

AND WHEREAS I am satisfied that it is probable that the accused will not attend at the taking of the evidence of the said witness without being compelled to do so;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

accused .......................................................................................................................................................................... of

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

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.33

O.24, r.27

CRIMINAL PROCEDURE ACT, 1967

Section 14

WARRANT TO PRODUCE ACCUSED

District Court Area of

District No.

........................................................................................................................................................................... Prosecutor

........................................................................................................................................................................... Accused

SEND in custody the above-named accused who was committed on the day of 19 , for the purpose of his/her being present at the taking of the

deposition of ........................................................................... of .....................................................................................

at the sitting of the District Court to be held at ............................................................................................................

on the day of 19 .

Dated this

day of

19 .

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

Judge of the District Court

To the /images/en.si.1997.0093.0008.jpg of the /images/en.si.1997.0093.0007.jpg

at

* Delete whichever inapplicable

No. 24. 34

O.24, r.28

CRIMINAL PROCEDURE ACT, 1967

Section 14

WARRANT FOR ARREST OF ACCUSED

(non-attendance on summons)

District Court Area of

District No.

.......................................................................................................................................................................... Prosecutor

.......................................................................................................................................................................... Accused

WHEREAS on the day of 19 , a summons issued requiring the

above-named accused of ...........................................................................................................................................

.......................................................................................................................... to attend at a sitting of the District

Court to be held at

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

on the ............... .day of ................. 19 .............................., at .m. for the purpose of being present at

the taking of the deposition of .....................................................................................................................................

of .......................................................................................................................................................................................

AND WHEREAS the accused has failed to attend at the said time and place;

AND WHEREAS it has been duly proved that the summons was served upon the accused in accordance with the provisions of the District Court Rules:

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the

accused

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

of

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

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.35

O.24, r.30

CRIMINAL PROCEDURE ACT, 1967

Section 22

COMMITTAL WARRANT

(sending forward for trial or sentence)

District Court Area of

District No.

............................................................................................................................................................................ Prosecutor

........................................................................................................................................................................... Accused

WHEREAS the above-named accused was this day before the Court charged that

AND WHEREAS the accused has been sent forward for /images/en.si.1997.0093.0004.jpg

on the said charge to the /images/en.si.1997.0093.0010.jpg

sitting of the ................................................................. Court at .....................................................................................

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ...............................................................................................................................................................................

.................................................................................... of .....................................................................................................

in the *(prison) *(remand institution he being a person who is not less than sixteen nor

more than twenty-one years of age) at .......................................................................... there to be

detained by the /images/en.si.1997.0093.0006.jpg thereof until his/her /images/en.si.1997.0093.0004.jpg

for the said offence and his/her discharge in due course of law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties .................... pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.36

O.24, r.36 (1)

COMMITTAL WARRANT

(accused remanded to another district)

District Court Area of

District No.

........................................................................................................................................................................... Prosecutor

........................................................................................................................................................................... Accused

WHEREAS the above-named accused was this day before the Court charged that

AND WHEREAS the Court is satisfied that evidence *(further evidence) will be

available at the sitting of the District Court at ........................ on the .........................................................................

day of .......................................................................................................................................................... 19 at .m.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused .............................................................................................................................................................................

of ................................................................................................ in the *(prison) *(remand institution, he being

a person who is not Less than sixteen years nor more than twenty-one years of age) at

.................................. there to be detained by the /images/en.si.1997.0093.0006.jpg

thereof until the above time of sitting (being a period not exceeding eight days from the date hereof) when he shall have him/her at the said sitting to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Consent to and conditions of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each † (and further consents that in lieu of such surety or sureties ......................... pounds be accepted).

Dated this

day of

19 .

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

Judge of the District Court

* Delete whichever inapplicable

† Delete where inapplicable

No. 24.37

O.24, r.36 (1)

REMAND WARRANT TO GARDA SIOCHANA STATION

(accused remanded to another district)

District Court Area of

District No.

............................................................................................................................................................................. Prosecutor

............................................................................................................................................................................. Accused

WHEREAS the above-named accused was this day before the Court charged that

AND WHEREAS the Court is satisfied that *(evidence) *(further evidence) will be

available

tat the sitting of the District Court at ............................................ on the ...................................................................

day of .................................................................................................................................. 19 , at .m.

†(AND WHEREAS the Court is satisfied that suitable facilities are available at

.................................................................................. for the custody of the accused during the period of remand);

THIS IS TO COMMAND YOU to whom this warrant is addressed to commit the

accused to the custody of ...................... a member of the Garda Siochana at

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

there to be detained until the above time of sitting when the member shall have him/her at the above place to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 25.1

O.25, r.1

WARRANT OF EXECUTION

(commitment as punishment)

District Court Area of

District No.

............................................................................................................................................................ Prosecutor

.............................................................................................................................................................. Accused

WHEREAS the above-named accused of .............................................................................................................

was this day before the Court at ......................................................................................................................................

in the court area and district aforesaid, charged that at ....................................................................................

in court area and district aforesaid on the ..................... day of ........ 19............ he/she did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

AND WHEREAS the accused has been convicted of the said offence and ordered to

be *imprisoned/*detained for the period of .................................................................................................................

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ...............................................................................................................................................................................

of ......................................................................................................................................................................

in the *(prison) *†(Saint Patrick's Institution, he being a person who is not less than seventeen nor more than twenty-one years of age) at .........................................there to be *imprisoned/*detained by the /images/en.si.1997.0093.0006.jpg thereof for the period of ..............

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Delete whichever inapplicable

† Where the accused is a person who is less than seventeen but not less than sixteen years of age see Criminal Justice Act, 1960 , sec. 13 (2).

No. 25.2

O.25, r.1

WARRANT OF EXECUTION

(minor offence)

District Court Area of

District No.

............................................................................................................................................................................ Prosecutor

............................................................................................................................................................................ Accused

WHEREAS the above-named accused of .............................................................................................................

was this day before the Court at ......................................................................................................................................

in the court area and district aforesaid, charged that at ...............................................................................................

in court area and district aforesaid on the ................... day of ........ 19......... he/she did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

AND the offence being a scheduled offence within the meaning of the Criminal Justice Act, 1951 , as amended by the Criminal Procedure Act, 1967 ;

AND WHEREAS the Court was of opinion that the facts alleged constituted a minor offence fit to be tried summarily and the accused, on being informed by the Court of his/her right to be tried with a jury, did not object to being tried summarily;

AND WHEREAS the accused was convicted of the said offence and ordered to be

*imprisoned/*detained for a period of ..........................................................................................................................

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ...............................................................................................................................................................................

of ..........................................................................................................................................................................................

in the *(prison) *†(Saint Patrick's Institution, he being a person who is not less than seventeen nor more than twenty-one years of age) at ................................................................................there to be *imprisoned/*detained by the /images/en.si.1997.0093.0006.jpg thereof for the period of ................

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Delete whichever inapplicable

† Where the accused is a person who is less than seventeen but not less than sixteen years of age see Criminal Justice Act, 1960 , sec. 13 (2).

No. 25.3

O.25, r.1

WARRANT OF EXECUTION

(accused pleading guilty and the Director of Public Prosecutions consenting)

District Court Area of

District No.

............................................................................................................................................................... Prosecutor

.............................................................................................................................................................................. Accused

WHEREAS the above-named accused ..................................................................................................................

of .............................................................................................................................................................................................

was this day before the Court at ........................................................................................................................................

in the court area and district aforesaid, charged that at ................................................................................................

in court area and district aforesaid on the

day of

19

he/she did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

AND the offence being an offence to which section 13 of the Criminal Procedure Act, 1967 , applies;

AND the Court having ascertained that the accused wished to plead guilty and the Court being satisfied that the accused understood the nature of the offence and the facts alleged and the Director of Public Prosecutions having consented to the offence being dealt with summarily;

AND WHEREAS the Court ordered the accused to be *imprisoned/*detained for the

period of .............................................................................................................................................................................

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ...............................................................................................................................................................................

of ..........................................................................................................................................................................................

in the *(prison) *†(Saint Patrick's Institution, he being a person who is not less than

seventeen nor more than twenty-one years of age) at ................................................................................................

there to be *imprisoned/*detained by the /images/en.si.1997.0093.0006.jpg thereof for the period of .................

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Delete where inapplicable

† Where the accused is a person who is less than seventeen but not less than sixteen years of age see Criminal Justice Act, 1960 , sec. 13 (2).

No. 25.4

O.25, r.1

WARRANT OF EXECUTION

(minor offence requiring consent of the Director of Public Prosecutions)

District Court Area of

District No.

............................................................................................................................................................................... Prosecutor

............................................................................................................................................................................... Accused

WHEREAS the above-named accused ...................................................................................................................

of ............................................................................................................................................................................................

was this day before the Court at .......................................................................................................................................

in the court area and district aforesaid, charged that at ................................................................................................

in court area and district aforesaid on the

day of

19

he/she did

*Contrary to the form of the Statute in such case made and provided

*Contrary to Common Law;

AND the offence being a scheduled offence within the meaning of the Criminal Justice Act, 1951 , as amended by the Criminal Procedure Act, 1967 ;

AND WHEREAS the Court was of opinion that the facts alleged constituted a minor offence fit to be tried summarily and the accused, on being informed by the Court of his/her right to be tried with a jury, did not object to being tried summarily;

AND WHEREAS the Director of Public Prosecutions has consented to summary trial;

AND WHEREAS the accused was convicted of the said offence and ordered to be

imprisoned/*detained for the period of .........................................................................................................................

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ...............................................................................................................................................................................

of ..........................................................................................................................................................................................

in the *(prison) *†(Saint Patrick's Institution, he being a person who is not less than

seventeen nor more than twenty-one years of age) at ................................................................................................

there to be *imprisoned/*detained by the /images/en.si.1997.0093.0006.jpg thereof for the period of ................

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

*Delete whichever inapplicable

†Where the accused is a person who is less than seventeen but not less than sixteen years of age see Criminal Justice Act, 1960 , sec. 13 (2).

No. 25.5

O.25, r.2 (a)

WARRANT OF EXECUTION

(to commit in default of payment of penalty)

District Court Area of

District No.

...................................................................................................................................................................Prosecutor

....................................................................................................................................................................... Accused

WHEREAS upon the hearing of the complaint that on the day of

19 , at ..........................................................................................................................................................................

in court area and district aforesaid the accused did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

[Where the offence is indictable insert the appropriate recitals as in Forms 25.2, 25.3 or 25.4, as the case may be]

THE COURT on the day of 19 , convicted the above-named

accused of ..........................................................................................................................................................................

of the said offence and ORDERED that he/she pay for fine the sum of £ for compensation the sum of £ and for costs the sum of £ making together the sum of £ to be paid within clear days, and in default of payment that the accused be imprisoned for the period of

unless such last mentioned sum be sooner paid;

AND WHEREAS the said Order has not been complied with

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ...............................................................................................................................................................................

of ..........................................................................................................................................................................................

in the Prison at ...................................................................................................................................................................

there to be detained by the Governor thereof for the period of .................................................................................

unless the said last mentioned sum be sooner paid.

The sum levied to be paid to the Clerk for the district court area aforesaid.

Warrant to be returned in months if not executed.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at ..........................................................................................................................................................................................

* Delete whichever inapplicable

No. 25.6

O.25, r.2 (a)

WARRANT OF EXECUTION

(Summary Jurisdiction)

(To commit in default of payment of penalty — Time not allowed)

District Court Area of

District No.

............................................................................................................................................................................... Prosecutor

............................................................................................................................................................................... Accused

WHEREAS upon the hearing of the complaint that on the day of

19 , at ....................................................................................................................................................................

in court area and district aforesaid the accused did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

[Where the offence is indictable insert the appropriate recitals as in Forms 25.2, 25.3 or 25.4 as the case may be.]

THE COURT on the day of 19 , convicted the above-named

accused of .........................................................................................................................................................................

of the said offence and ORDERED that he/she pay for fine the sum of £ for compensation the sum of £ and for costs the sum of £ making together the sum of £ to be paid within clear days, and in default of payment that the accused be imprisoned for the period of of unless the last mentioned sum be sooner paid;

AND WHEREAS it was ordered that the accused be committed forthwith for the reason that †

AND WHEREAS the said Order has not been complied with,

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

above-named accused ......................................................................................................................................................

of ..........................................................................................................................................................................................

in the Prison at ...................................................................................................................................................................

there to be detained by the Governor thereof for the period of .................................................................................

unless the said last mentioned sum be sooner paid.

The sum levied to be paid to the Clerk for the district court area aforesaid.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at ..........................................................................................................................................................................................

* Delete whichever inapplicable

†For reasons as to why time is not allowed for payment see section 1 of the Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5, Ch. 58).

No. 25.7

O.25, r.2 (b)

WARRANT OF EXECUTION

(Non-performance of Condition)

District Court Area of

District No.

....................................................................................................................................................................... Prosecutor

.......................................................................................................................................................................... Accused

WHEREAS upon the hearing of the complaint that on the day of

19 , at ..................................................................................................................................................................

in court area and district aforesaid the accused did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

[Where the offence is indictable insert the appropriate recitals as in Form 25.2, 25.3 or 25.4 as the case may be.]

THE COURT on the day of 19 , ORDERED the above-named

accused of ..........................................................................................................................................................................

to enter into recognisance within .......... days, himself/herself in the sum of £ with ................... solvent sureties in the sum of £ each, to keep the peace and be of good behaviour towards all citizens, and particularly towards ............................ for the period of ..................., months, (and further to — )

and in default of finding such sureties and entering into recognisance) as aforesaid to be imprisoned for the period of ................. unless he/she should sooner enter into the said recognisance;

AND WHEREAS the accused has failed to enter into such recognisance with such sureties as aforesaid;

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ...............................................................................................................................................................................

of ..........................................................................................................................................................................................

in the *(prison) *†(Saint Patrick's Institution, he being a person who is not less than

seventeen nor more than twenty-one years of age) at ...............................................................................................

there to be *imprisoned/*detained by the /images/en.si.1997.0093.0006.jpg thereof for the period of ......................

unless he/she shall in the meantime enter into such recognisance as aforesaid.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Delete whichever inapplicable

† Where the accused is a person who is less than seventeen but not less than sixteen years of age see Criminal Justice Act, 1960 , sec. 13 (2).

No. 25.8

O.25, r.3

WARRANT OF EXECUTION

(Failure to carry out conditions of suspension of sentence)

District Court Area of

District No.

............................................................................................................................................................................... Prosecutor

............................................................................................................................................................................... Accused

WHEREAS upon the hearing of the complaint that on the day of

19 , at ..................................................................................................................................................................

in court area and district aforesaid the accused did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

[Where offence is indictable insert appropriate recitals as in Form 25.2, 25.3 or 25.4 as the case may be.]

THE COURT on the day of 19 convicted the accused of ................................... of the said offence AND ORDERED that he/she be *imprisoned/*detained for the period of .................................... AND WHEREAS the Court FURTHER ORDERED that the warrant should not issue if the accused were of good behaviour for the period of .................... and if the accused further‡

AND WHEREAS the accused has been brought before the Court on the day of 19 , and the Court is satisfied of the failure of the accused to carry out the terms upon which the said sentence was suspended and now directs that the warrant do issue,

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the

accused ..............................................................................................................................................................................

of .........................................................................................................................................................................................

in the *(prison) *†(Saint Patrick's Institution, he being a person who is not less than

seventeen nor more than twenty-one years of age) at ...............................................................................................

there to be *imprisoned/*detained by the /images/en.si.1997.0093.0006.jpg thereof for the period of ..............

unless he/she shall in the meantime enter into such recognisance as aforesaid.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Delete whichever inapplicable

‡ Insert any further conditions imposed by the Court

† Where the accused is a person who is less than seventeen but not less than sixteen years of age see Criminal Justice Act, 1960 , sec. 13 (2).

No. 25.9

O.25, r.5

WARRANT OF COMMITTAL

(for contempt of Court)

District Court Area of

District No.

WHEREAS at a sitting of the District Court being held at ...............................................................................

in and for the said court (area and) district on this day by and before me, Judge .................................................

a Judge of the District Court assigned to the said district, sitting and acting in the said District Court in exercise of the jurisdiction vested in me and in discharge of my duties as a Judge of the District Court, AT AND DURING the hearing of the cause entitled

........................................................ -v ......................................................................

*Prosecutor *Complainant

*Accused *Defendant

in which the said *accused *defendant was charged as follows—

a person, namely, ........................................................................................................................... has in open court

*(wilfully insulted me)

*(committed a contempt of this Court)

as follows:—by

(1)

contrary to

(2) ( section 9 of the Petty Sessions (Ireland) Act, 1851 .)

(3) ( section 6 of the Summary Jurisdiction (Ireland) Amendment Act, 1871 .)

AND WHEREAS I DO NOW, at the said sitting and acting solely in execution of my duties as such Judge, hereby adjudge that the said person for that contempt be committed to prison for the period of .............. days,

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said

person, ................................................................................................................................................................................

of ..........................................................................................................................................................................................

in the prison at ...................................................................................................................................................................

there to be imprisoned for such contempt by the Governor thereof for the period of .................. days from the date of this warrant, and for this the present warrant shall be a sufficient authority.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the said district

To the Superintendent of the Garda Síochána,

at .........................................................................................................................

NOTES

*Delete words which are not applicable.

(1) State words used or nature of contempt.

(2) Delete where warrant is being issued in the Dublin Metropolitan Police District.

(3) Delete unless warrant is being issued in the Dublin Metropolitan Police District.

No. 25.10

O.25, r.7

WARRANT OF EXECUTION

(To distrain in default of payment of fine)

District Court Area of

District No.

............................................................................................................................................................................ Prosecutor

............................................................................................................................................................................. Accused

WHEREAS upon the hearing of the complaint that on the day of

19 , at ...................................................................................................................................................................

in court area and district aforesaid the accused did

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law

THE COURT on the day of 19 convicted the accused,

of ....................................................................................................................................................................................,

of the said offence and ORDERED that he/she pay for fine the sum of £ , for compensation the sum of £ and for costs the sum of £ , making together the sum of £ , to be paid within clear days,

AND WHEREAS the said Order has not been complied with,

THIS IS TO COMMAND YOU to whom this warrant is addressed to levy the said last mentioned sum by distress and sale of the goods and chattels of the said accused, or by taking the accused's money, or by such distress and such taking of money if necessary.

The sum levied to be paid to the Clerk for the district court area aforesaid.

This warrant to be returned in months if not executed.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 26.1

O.26, r.1

CRIMINAL PROCEDURE ACT, 1967

Section 30

FORM OF ENDORSEMENT ON A WARRANT OF ARREST AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be on arrest released on entering into a recognisance, himself/herself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each, conditioned

for the appearance of the said .........................................................................................................................................

at the sitting of the District Court in District No. next following the date of his/her arrest.

Dated this

day of

19 .

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

Judge of the District Court

No. 26.2

O.26, r.7 (2)

CERTIFICATE BY SUPERINTENDENT

(To be endorsed on back of warrant)

I hereby certify that I have reason to believe that the person against whom the within

warrant was issued *(is to be found) *(has goods) ..............................................................................................

at ..............................................................................................................................................

in district No.

Dated this

day of

19 .

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

Superintendent (or Inspector)

or the Garda Síochána

To the Superintendent of the Garda Síochána

at

No. 26.3

O.26, r.9

RECEIPT FOR PRISONER

Prison at .................................................................................................................................................

I hereby certify that I have received from* .............................................................................

of ................................................................ the body of ................................................

together with a warrant issued by the District Court, dated the day of

19 , and that the said prisoner was† ...................................................................................................................

at the time he/she was delivered into my custody.

Dated this

day of

19 .

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

Governor of the Prison

at

* State name and rank of the member of the Garda Síochána and where stationed

† State condition of prisoner

No. 26.4

O.26, r.1

CERTIFICATE AS TO NON-EXECUTION OF WARRANT

I certify that after diligent search and for the following reasons, namely

*(the person) *(sufficient goods of the person) against whom the within warrant was issued cannot be found.

Dated this

day of

19 .

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

To whom this warrant was

*(addressed) *(endorsed)

*Delete where inapplicable

No. 27.1

O.27, r.1

CERTIFICATE OF BREACH OF RECOGNISANCE

(to be endorsed on the recognisance)

I certify that the principal party herein has not performed the above conditions) of this recognisance.

Dated this

day of

19 .

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

Judge of the District Court

No. 27.2

O.27, r.3 (1)

NOTICE OF APPLICATION TO ESTREAT A RECOGNISANCE

District Court Area of

District No.

........................................................................................................................................................................Applicant

........................................................................................................................................................................Respondent (s)

TAKE NOTICE that an application will be made at a sitting of the District Court to

be held at ............................................................................................................................................................................

on the day of 19 at a.m./p.m. by the above-named applicant

of .........................................................................................................................................................................................

Garda Síochána station, a superintendent of the Garda Síochána, for an Order to estreat the recognisance entered into on the day of 19 at ...................................

by you

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

(Principal Party)

in the sum of £

,

by you

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

(Surety)

in the sum of £

, and

by you

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

(Surety)

in the sum of £

,

conditioned that the said principal party, of ...........................................................................................................

*(would keep the peace and be of good behaviour for the period of ...................................................................).

*(would appear before the District Court at ..........................................................................................................

on the day of 19 at a.m./p.m. and any adjournment of the relevant proceedings until the said party's presence was no longer required).

*(would

IT HAVING BEEN CERTIFIED on the said recognisance by a Judge of the District Court that the condition thereof has not been performed.

Dated this

day of

19 .

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

Superintendent of the Garda

Síochána

To

of

, Principal Party

To

of

, Surety.

To

of

, Surety.

* Delete words inapplicable

No. 27.3

O.27, r. 3 (2)

NOTICE OF APPLICATION TO FORFEIT MONEY LODGED

District Court Area of

District No.

............................................................................................................................................................................. Applicant

............................................................................................................................................................................. Respondent

TAKE NOTICE that an application will be made at a sitting of the District Court to

be held at ............................................................................................................................................................................

on the day of 19 at a.m./p.m. by the above-named applicant

of ..........................................................................................................................................................................................

Garda Síochána station, a superintendent of the Garda Síochána,

FOR AN ORDER DIRECTING THE FORFEITURE of £ , being the sum of money which was

lodged by the above-named respondent of ................................................................................................................

on the day of 19 , at the direction of a Judge of the District Court , in lieu of a surety or sureties to a recognisance then entered into by the respondent conditioned that the respondent

*(would keep the peace and be of good behaviour for a period of .........................................................................)

*(would appear before a sitting of the District Court at ..............................................................................................

on the day of 19 at a.m./p.m. and any adjournment of the relevant proceedings until the respondent's presence was no longer required),

*(would

,)

IT HAVING BEEN CERTIFIED on the said recognisance by a Judge of the District Court that the condition thereof has not been performed.

Dated this day of 19 .

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

Superintendent of the Garda

Síochána

To

of

the above-named respondent.

* Delete words inapplicable

No. 27.4

O.27, r. 4 (1) (a)

ORDER TO ESTREAT

THE COURT, being satisfied that notice of application to entreat the recognisance herein was duly served,

HEREBY ORDERS that the recognisance be entreated

*(against the said .........................................................................in the sum of £ )

*(and against the said................................................................ .in the sum of £ )

*(and against the said .................................................................in the sum of £ )

The said sums to be paid to the Clerk of the District Court at

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

*(forthwith) *(within clear days from the date hereof).

Dated this

day of

19 .

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

Superintendent of the Garda

Síochána

* Delete if inapplicable

No. 27.5

O.27, r. 4 (1) (b)

ORDER TO FORFEIT MONEY LODGED

THE COURT HEREBY DIRECTS that the sum of £ , being *(part of) the

sum of money which was lodged in lieu of a surety or sureties by the said ...........................................................

BE FORFEITED,

*(AND FURTHER DIRECTS that the sum of £ , being the balance of the said

sum lodged, be repaid to the said ...................................................................................................................................

Dated this

day of

19 .

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

Judge of the District Court

* Delete if inapplicable

No. 27.6

O.27, r.6 (1)

WARRANT OF DISTRESS

(to enforce an Order to Estreat)

District Court Area of

District No.

............................................................................................................................................................................. Applicant

.......................................................................................................................................................................... Respondent

WHEREAS UPON HEARING an application made to this Court on the day of 19 by the above-named applicant, a superintendent of the Garda Síochána, for an order to estreat the recognisance entered into on the day

of

19

at .......................................................................................................

by ......................................., (Principal Party)

in the sum of £

,

by ......................................., (Surety)

in the sum of £

, and

by ......................................., (Surety)

in the sum of £

,

conditioned that the said principal party, of .................................................................................................................

*(would keep the peace and be of good behaviour for the period of ....................................................................,)

*(would appear before the District Court at ..................................................................................................................

on the day of 19 at a.m./p.m. and any adjournment of the relevant proceedings until the said party's presence was no longer required).

*(would

AND BEING SATISFIED that the said parties to the said recognisance severally acknowledged themselves to owe to the State the respective sums aforesaid to the use of the Minister for Finance if the principal party failed in the above condition,

AND UPON PRODUCTION to the Court of the said recognisance with a certificate of the non-performance of that condition endorsed thereon,

AND IT HAVING BEEN PROVED to the satisfaction of the Court that the notice of application to estreat the said recognisance was duly served *(upon the principal party) *(and) *(upon the said surety/sureties) at least seven days before the hearing of the said application,

THE COURT ORDERED on the day of 19 that said recognisance be entreated against *the said principal party in the sum of £ and against

the said .............................................................................................................................................................................

and the said ......................................................................................................................................................................

in the sum of £ each, and that the said sums be paid to the Clerk of the District

Court at .............................................................................................................................................................................

*(forthwith) *(within ............., clear days from the date of the order),

AND WHEREAS the said order has not been complied with by the respondent herein, a party to the said recognisance,

THIS IS TO COMMAND YOU to whom this warrant is addressed to levy the sum

of £ by distress and sale of the goods of the respondent ........................................................................

of ...........................................................................................................................................................................................

The sum levied to be paid to the Clerk of the District Court at ...................................................................................

This warrant to be returned in three months if not executed.

Dated this

day of

19 .

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

Judge of the District Court

To

The Superintendent of the Garda Siochana

at .......................... Garda Station

* Delete words inapplicable

No. 27.7

O.27, r.6 (2)

NOTICE OF APPLICATION FOR WARRANT OF EXECUTION

(to enforce by committal an Order to Estreat)

District Court Area of

District No.

............................................................................................................................................................................... Applicant

........................................................................................................................................................................... Respondent

WHEREAS a recognisance was entered into on the day of 19 .

at ............................................................................................................................................................................

by you .................................................., (Principal Party)

in the sum of £

,

by you .................................................., (Surety)

in the sum of £

, and

by you .................................................., (Surety)

in the sum of £

,

conditioned that the said principal party, of .................................................................................................................

*(would keep the peace and be of good behaviour for the period of .......................................................................

*(would appear before the District Court at .................................................................................................................

on the day of 19 at a.m./p.m. and any adjournment of the relevant proceedings until the said party's presence was no longer required).

*(would

,)

AND WHEREAS the said condition was not duly performed, the Court on the day of 19 made an order estreating the said recognisance in the sum of £ against the respondent herein, a party to the said recognisance,

AND WHEREAS the respondent has not complied with that order, and the Court on the day of 19 ordered that the last-mentioned sum be levied by distress and sale of the goods of the respondent and issued a warrant of distress for that purpose.

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at .......................................................................................................................................................................

on the day of 19 at a.m./p.m. for the issue of a warrant to commit the respondent herein to prison on the ground that it has been found impossible to execute that warrant of distress for the following reason(s):—

Dated this

day of

19 .

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

Superintendent of the Garda

Síochána

To .....................................................

of ......................................................

the above-named respondent,

To the Clerk of the District Court,

at .....................................................

* Delete words inapplicable

No. 27.8

O.27, r.6 (2)

WARRANT OF EXECUTION

(to enforce by committal an Order to Estreat)

District Court Area of

District No.

........................................................................................................................................................................... Applicant

........................................................................................................................................................................... Respondent

WHEREAS UPON HEARING an application made to this Court on the day of 19 by the above-named applicant, a superintendent of the Garda Síochána, for an order to estreat the recognisance entered into on the day

of

19

at ..................................................................................................................

by ......................................................,

(Principal Party)

in the sum of £

,

by ......................................................,

(Surety)

in the sum of £

, and

by .....................................................,

(Surety)

in the sum of £

,

conditioned that the said principal party, of .................................................................................................................

*(would keep the peace and be of good behaviour for the period of .......................................................................

*(would appear before the District Court at .................................................................................................................

on the day of 19 at a.m./p.m. and any adjournment of the relevant proceedings until the said party's presence was no longer required).

*(would

THE COURT ORDERED that said recognisance be estreated against */the said principal

party in the sum of £ */the said ................................................................................................................

*/and the said ....................................................................................................................................................................

in the sum of £ each/ and that the said sums) be paid to the Clerk of the District

Court at ...............................................................................................................................................................................

*(forthwith) *(within .................. clear days from the date of the order),

AND WHEREAS the said order has not been complied with by the respondent herein, a party to the said recognisance, and the Court having, upon the application by the applicant herein on the day of 19 , issued a warrant of distress directing that the sum of £ be levied by distress and sale of the goods of the respondent herein,

AND WHEREAS upon hearing an application made this day by the applicant for the issue of a warrant to commit the respondent to prison, the Court is satisfied that it has been found impossible to execute that warrant of distress, and grants the application,

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

respondent .........................................................................................................................................................................

of ..........................................................................................................................................................................................

and to lodge him/her in the prison at .............................................................................................................................

to be imprisoned there for the period of ........................................................................................................................

unless the said sum of £ shall be sooner paid.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at .........................................................................................

* Delete words inapplicable

No. 28.1

O.28, r.1

RECOGNISANCE

(Probation of Offenders Act, 1907)

District Court Area of

District No.

............................................................................................................................................................................. Prosecutor

............................................................................................................................................................................. Accused

WE ........................................................... of ..............................................................................................................

a ....................................................................... and ..............................................................................................................

of .................................................................. a ......................................................................................................................

and ........................................................................... of ........................................................................................................

a ........................................................................severally acknowledge ourselves to

owe to the State the several sums following, that is to say, the said ..........................................................................

the sum of ............................................. pounds and the said ..........................................................................................

and the sum of

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

pounds each to the use of the Minister for Finance if the

above-named accused fail in the condition hereunder.

.................................................................................................................................................. Accused

.................................................................................................................................................. Surety

.................................................................................................................................................Surety

Acknowledged before me this day of 19 .

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

Judge of the District Court

The condition of the above written recognisance is such that whereas a complaint was

made that the said .............................................................................................................................................................

on the day of 19 at

did

and at the Court held at

in said District on the

day of

19

the Court found that the charge was proved but was of

opinion that having regard to

it was expedient to release the accused on probation, and ordered that he/she be discharged conditionally on his/her entering into a recognisance with ........... sureties, in the sum of £ each, to be of good behaviour and to appear for conviction and sentence when called on at any time during years, and further (insert special conditions, if any)

If, therefore, the above bounden accused shall be of good behaviour and appear before a Judge of the District Court assigned to District No. sitting at in said court area and district, for conviction and sentence when called on at any time during the period of years next ensuing

*and shall not associate with nor frequent

*and shall lead an honest and industrious life

*and abstain from intoxicating liquor

*and reside at

(or such other place or places, as

of

shall from time to time prescribe) and shall

(and furthermore during the said period shall be under the supervision of

of

and for the purpose of securing such supervision shall receive at his/her home or place of residence visits from the said

weekly, or at such other intervals as he/she may determine, and shall, forthwith, report to the said

any change of his/her residence or place of employment) then the said recognisance shall be void, or else to stand in full force and effect.

(or)

The condition of the above-written recognisance is such that whereas a complaint was

made against the said ......................................................................................................................................................

(state nature of complaint with time and place); if therefore the said

will be of good behaviour and keep the peace towards all citizens and particularly

towards

for a period of

from this date, then the said recognisance to be void, or else to stand in full force and effect.

* Delete whichever inapplicable

No. 28.2

O.28, r.2

INFORMATION

BREACH OF RECOGNISANCE

(Probation of Offenders Act, 1907)

District Court Area of

District No.

........................................................................................................................................................................... Prosecutor

........................................................................................................................................................................... Accused

The information of ...................................................................................................................................................

of ..........................................................................................................................................................................................

who says on oath:-

On the

day of

19

, at the sitting of the District Court at .......................................

the accused ...........................................................................................................................................................................

of .............................................................................................................................................................................................

entered into a recognisance with ......................................................................................................................................

of ............................................................................................................................................................................................

and ..........................................................................................................................................................................................

of ............................................................................................................................................................................................

as sureties under the Probation of Offenders Act, 1907, conditioned that the accused should appear before the Court at

for conviction and sentence when called on at any time during the period of years, and should further*

The said accused failed to observe the last mentioned condition † (and divers other conditions) of the recognisance inasmuch as

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

Informant

SWORN before me this day of 19

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

Judge of the District Court

* State one condition that has been broken

† Delete where applicable

No. 28.3

O.28, r.2

WARRANT TO ARREST

BREACH OF RECOGNISANCE

(Probation of Offenders Act, 1907)

District Court Area of

District No.

............................................................................................................................................................................. Prosecutor

................................................................................................................................................................................. Accused

WHEREAS an information in writing has been sworn on the day of

19 by ...................................................................................................................................................................

of .........................................................................................................................................................................................

that the said accused ........................................................................................................................................................

of ..........................................................................................................................................................................................

having entered into a recognisance dated the day of 19 , under the Probation of Offenders Act, 1907, by which he/she was bound to appear before a Judge

of the District Court assigned to District No.

sitting at .....................................................................

for conviction and sentence when called on at any time during the period of years from said date and further to*

did fail to observe the last named condition † (and divers other conditions) of the said recognisance.

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the accused and bring him/her before me or some other Judge to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* State condition broken

† Delete where inapplicable

No. 28.4

O.28, r.2

SUMMONS

BREACH OF RECOGNISANCE

(Probation of Offenders Act, 1907)

District Court Area of

District No.

............................................................................................................................................................................ Prosecutor

............................................................................................................................................................................ Accused

........................................................................................................................................................................... † Surety

........................................................................................................................................................................... † Surety

WHEREAS an information in writing has been sworn by .................................................................................

of .........................................................................................................................................................................................

that you, the accused, on the day of 19 , were bound by a recognisance entered into by you † (with the above surety/sureties) under the Probation of Offenders Act, 1907, to appear before a Judge of the District Court assigned to District

No.

sitting at ..................................................................................................................................................

for conviction and sentence, when called on at any time during the period of years, and were further bound by the said recognisance*

and that you the accused, failed to observe the last named condition

† (and divers other conditions) of the said recognisance,

THIS IS TO COMMAND YOU the accused *(and you the said surety/sureties) to .

appear at the sitting of the District Court to be held at ..............................................................................................

on the day of 19 , at a.m./p.m. to answer to the complaint in the said information.

Dated this

day of

19 .

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

Judge of the District Court

To

of

(the above-named accused)

† To

of

Surety

† To

of

Surety

* State condition broken

† Delete where inapplicable

No. 29.1

O.29, r.2

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 26 (1) (b)

WARRANT OF ARREST

WHEREAS there has been produced to me, a Judge of the District Court assigned to the Dublin Metropolitan District, a certificate of the Minister for Justice under section 26 (1) (a) of the above-mentioned Act (as substituted by section 7 of the Extradition (Amendment) Act, 1994 ) stating that a request has been made in accordance with Part

II of the said Act of 1965 for the extradition of .............................................................................................................

*(alias) ........................................................... of ................................................................................................................

*(who has been convicted)

*(for whom a warrant of arrest or other order having the same effect has been issued) for that he/she did †

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said ................. and, in accordance with the provisions of section 26 (5) of the said Act of 1965 (as substituted by section 7 of the said Act of 1994), to bring him/her as soon as may be before a Judge of the District Court assigned to the Dublin Metropolitan District.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District

To the Superintendent of the Garda Síochána

at .............................................................................

*Delete if not applicable

†State conviction or offence

No. 29.2

O.29, r.3 (1)

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

EXTRADITION ACT, 1965

Section 27 (1)

INFORMATION

(provisional arrest)

THE INFORMATION OF ......................................................................................................................................

OF ........................................................................................................................................................................................

who says on oath:—

I am a member of the Garda Síochána not below the rank of inspector.

A request, which I now produce, for the provisional arrest of ........................................................................

*(alias)

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

of ..........................................................................................................................................................................................

has been made on the ground of urgency on behalf of ..............................................................................................

a country in relation to which Part II of the above-mentioned Act applies.

I therefore apply under section 27 (1) of the said Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 ) for the issue of a warrant for the arrest of the

said .....................................................................................................................................................................................

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

Informant

SWORN before me this day of 19

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

Judge of the District Court

* Delete if not applicable

No. 29.3

O.29, r.3 (2)

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

EXTRADITION ACT, 1965

Section 27 (1)

WARRANT OF ARREST

(provisional arrest)

WHEREAS an information on oath and in writing has on this day been sworn before me, a Judge of the District Court, under section 27 (1) of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 ) by ...........................................of ..................................................................

a member of the Garda Síochána not below the rank of inspector, stating that a request

for the provisional arrest of ..............................................................................................................................................

*(alias)..........................................................., of ................................................................................................................,

has been made on the ground of urgency on behalf of ...............................................................................................

a country in relation to which Part II of the above Act of 1965 applies,

AND WHEREAS no certificate of the Minister for Justice under section 26 (1) (a) of the said Act of 1965 (as substituted by section 7 of the said Act of 1994) has been produced to me,

AND WHEREAS the said request for provisional arrest, which has been produced to me by the said member, states that the original or an authenticated copy of

*(a conviction and sentence or detention order immediately enforceable)

*(a warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting country)

exists in respect of the said ..............................................................................................................................................

and that it is intended to send a request for his/her extradition for that he/she did †

AND WHEREAS I am satisfied that the said request for provisional arrest complies with the requirements of section 27 of the said Act of 1965,

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said ...........................................

of ..........................................................................................................................................................................................

and, in accordance with the provisions of section 27 (6) of the said Act of 1965 (as substituted by section 8 of the Act of 1994), to bring him/her as soon as may be before a Judge of the District Court assigned to the Dublin Metropolitan District.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at ..........................................................................

* Delete if not applicable

† State nature, time and place of alleged offence

No. 29.4

O.29, r.3 (3)

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

EXTRADITION ACT, 1965

Section 27 (5)

TO THE MINISTER FOR JUSTICE

I wish to inform you that a warrant of arrest (provisional arrest) under section 27 (1) of the above-mentioned Act (as substituted by section 8 of the Extradition

(Amendment) Act, 1994) has on this day been issued by me for ..............................................................................

(alias) ...................................................................................................................................................................................

of ..........................................................................................................................................................................................

A copy of the warrant is attached hereto.

Dated this

day of

19 .

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

JUDGE OF THE DISTRICT

COURT

To the Minister for Justice,

Department of Justice,

72176, St. Stephen's Green,

Dublin 2.

No. 29.5

O.29, r.3 (4)

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 27 (6)

COMMITTAL WARRANT

(remand to District Court pending production of certificate of the Minister)

WHEREAS a person named ............ *(alias) .......................................................................................................

of ..........................................................................................................................................................................................

was this day before me, a Judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, he/she having been arrested on a warrant dated the day of 19 and issued under section 27 (1) of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 ) in consequence of a request made on the ground of urgency on behalf of ............. a country in relation to which Part II of the said Act of 1965 applies, stating that

*(a conviction and sentence or detention order)

*(a warrant of arrest or other order having the same effect)

exists in respect of the said .............................................................................................................................................

for that he/she did †

AND WHEREAS I did remand the said ...............................................................................................................

in custody under section 27 (6) of the said Act of 1965 (as substituted by section 8 of the Act of 1994)—

to the sitting of the District Court to be held at ..............................................................................................

in the said district on the day of 19 at a.m./p.m. (being a time within the period of eighteen days after his/her arrest and not exceeding eight days from the date hereof)

pending the production of a certificate of the Minister for Justice under section 26 (1) (a) of the said Act of 1965 (as substituted by section 7 of the Act of 1994) stating that the request for extradition has been duly made or the release of that person under section 50 of the said Act of 1965,

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said in the *(prison) *(remand institution, he being not more than twenty-one years of age)

at ..........................................................................................................................................................................................

there to be detained by the *(governor) *(person in charge) thereof until the date of the said sitting when you shall have him/her at such sitting to be further dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District.

To the Superintendent of the Garda Síochána,

at ..............................................................................

* Delete if not applicable

† State nature, time and place of alleged offence

No. 29.6

O.29, r.4 (1)

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 29 (1)

COMMITTAL WARRANT

(to await order of the Minister)

WHEREAS a person named ............ *(alias) .........................................................................................................

of .............................................................................................................................................................................

was this day before me, a Judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, he/she having been arrested on a warrant dated the day of 19 issued under *(section 26) *(section 27) of the above-mentioned Act,

AND THE COURT BEING SATISFIED that—

( a ) the extradition of that person has been duly requested by ......................................................................

a country in relation to which Part II of the said Act applies,

( b ) *(a conviction and sentence or detention order)

*(a warrant of arrest or other order having the same effect) exists in respect of

the said ............................................................................................................................................................

for that he/she did †

( c ) the extradition of that person is not prohibited by Part II of the said Act or by the relevant extradition provisions, and

( d ) the documents required to support a request for extradition under section 25 of that Act have been produced to the Court,

AND the said ...........................................................................................................................................................

having been informed by the Court on the making of this order that he/she would not be surrendered, except with his/her consent, until after the expiration of fifteen days from the date of his/her committal, and also of the provisions of section 4.2 of Article 40 of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of any person alleging that that person is unlawfully detained).

IT IS HEREBY ORDERED that you lodge the said .......................................................................................

in the *(prison) *(remand institution, he being not more than twenty-one years' of age),

at ..........................................................................................................................................................

there to be detained by the *(governor) *(person in charge) thereof until the Minister for Justice shall otherwise order in accordance with Part II of the said Act or until the High Court or the Supreme Court shall order his/her release.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District.

To the Superintendent of the Garda Síochána,

at ..............................................................................

* Delete if not applicable

† State nature time and place of alleged offence

No. 29.7

O.29, r.4 (2)

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 29 (3) (b)

CERTIFICATE OF COMMITTAL

(to the Minister for Justice)

I hereby certify that at a sitting of the Court for the above-mentioned district held today a committal warrant (to await the order of the Minister) was made by me under

section 29 (1) of the above-mentioned Act in respect of ............................................................................................

(alias) ....................................................... of .......................................................................................................................

who was before the Court on a warrant issued under *(section 26) `(section 27) of that Act.

A copy of the said committal warrant is attached.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District.

To the Minister for Justice,

Department of Justice,

72/76, St. Stephen's Green,

Dublin 2.

No. 29.8

O.29, r.5

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 31

CONSENT TO BE SURRENDERED

I, ............................................................ *(alias) ..................................................................................................................

of ............................................................................................................................................................................................

HAVING BEEN COMMITTED to *(prison) *(a remand institution) by order of the District Court under section 29 (1) of the above-mentioned Act made at a sitting of the Court for the said District on the day of 19 , and

HAVING BEEN INFORMED by the Court on the making of the said order that I would not be surrendered, except with my consent, until the expiration of fifteen days from the date of my committal,

AND HAVING ALSO BEEN INFORMED of the provisions of section 4.2 of Article 40 of the Constitution,

DO NOW HEREBY CONSENT TO BE SURRENDERED.

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

The above consent was given before me at

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

this day of 19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District

* Delete if not applicable

No. 29.9

O.29, r.6 (1)

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 47 (1)

ORDER FOR DELIVERY INTO THE CUSTODY OF A MEMBER OF A POLICE FORCE

(committal warrant)

WHEREAS a person named ............ *(alias) ........................................................................................................

of ..........................................................................................................................................................................................

was this day before me, a Judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, in pursuance of Part III of the above-mentioned Act, he/she being the person named or described in a warrant dated the day of 19 reciting that he/she did †

which said warrant was issued by a judicial authority, namely,

(a) ......................................................................................................................................................................

at

(b) ......................................................................................................................................................................

in

(c) ......................................................................................................................................................................

a place in relation to which Part III of the said Act applies, and which said warrant was duly endorsed pursuant to section 43 of the said Act,

AND WHEREAS it appears to the Court that the offence specified in the warrant corresponds with an offence under the law of the State which is *(an indictable offence) (punishable on summary conviction by imprisonment for a maximum period of at least six months), namely, (d)

IT IS HEREBY ORDERED pursuant to section 47 (1) of the said Act (as substituted

by section 12 of the Extradition (Amendment) Act, 1994 ) that you deliver the said .............................................

into custody of a member of (e) ......................................................................................................................................

being the police force of the place in which the warrant was issued and which is situated

in (c) .....................................................................................................................................................................................

for conveyance to (b) .......................................................................................................................................................

being the place in which the said warrant was issued,

AND the said ..........................................................................................................................................................

having been informed by the Court on the making of this order that he/she would not be delivered up until the expiration of fifteen days from the date hereof, except with his/her consent given before a Judge of the District Court assigned to the Dublin Metropolitan District, AND also of the right within the said period to have an application made by him/her or on his/her behalf for an order of habeas corpucs or for his/her release under section 50 of the said Act of 1965, and that in the event of such application being made, that he/she would not be delivered up while the application was pending,

IT IS HEREBY FURTHER ORDERED that you lodge the said .........................................................................

in the *(prison) *(remand institution, he being not more than twenty-one years of age)

at .........................................................................................................................................................................................

there to be detained by the *(governor) *(person in charge) thereof for a period of not

less than fifteen days from the date hereof (except in the meantime the said ........................................................

has consented to his/her being delivered up within that period) until the date of his/her delivery as aforesaid and for any further period as may be necessary according to law,

AND it shall be lawful for you to lodge the said .................................................................................................

forthwith in the Garda Síochána station at ....................................................................................................................

in the custody of the member of the Garda Síochána in charge of such station to be there detained for a period not exceeding forty-eight hours.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District.

To the Superintendent of the Garda Síochána,

at ..........................................................................

(a) Name the judicial authority.

(b) State place in which the warrant was issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(d) State the corresponding offence under the law of the State.

(e) State the official title of the Police Force as set out on the original warrant.

*Delete if not applicable

†Give particulars of conviction or state offence

No. 29.10

O.29, r.6 (2)

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 47 (4)

COMMITTAL WARRANT

(remand)

WHEREAS a person named ............ *(alias) ........................................................................................................

of ..........................................................................................................................................................................................

was before me, a Judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that District, in pursuance of Part III of the above-mentioned Act, he/she being the person named or described in a warrant dated the day of 19 reciting that he/she did †

which said warrant was issued by a judicial authority, namely, (a) ............................................................................

at (b) .......................................................................................

in (c) ........................................................................

a place in relation to which Part III of the said Act applies, and which said warrant was duly endorsed pursuant to section 43 of the said Act,

AND WHEREAS the hearing of proceedings under section 47 of the said Act has been adjourned to the sitting of the District Court for the said district to be held

at ..........................................................................................................................................................................................

on the day of 19 at a.m./p.m.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said in the *(prison) *(remand institution, he being not more than twenty-one years of age),

at ..........................................................................................................................................................................................

there to be detained by the *(governor) *(person in charge) thereof until the above time of adjournment when you shall have him/her at the said sitting to be further dealt with according to law,

AND it shall be lawful for you to lodge the said ................................................................................................

forthwith in the Garda Síochána station at ....................................................................................................................

in the custody of the member of the Garda Síochána in charge of such station to be there detained for a period not exceeding forty-eight hours.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District.

To the Superintendent of the Garda Síochána,

at ..........................................................................................................................................................................................

(a) Name the judicial authority.

(b) State place in which warrant was issued.

(c) State whether Northern Ireland, England and Wales, Scotland,the Isle of Man or the Channel Islands.

No. 29.11

O.29, r.7

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 48 (1)

CONSENT TO BEING DELIVERED UP

I, ............................................................ *(alias) ...................................................................................................................

of .............................................................................................................................................................................................

being the subject of an order of this Court under section 47 (1) of the above-mentioned.

Act for my delivery into the custody of a member of (a) ............................................................................................

the police force of the place in which the warrant was issued which is situated in.

(c) .........................................................................................................................................................................................

for conveyance to (b) .......................................................................................................................................................

being the place where the warrant was issued,

HAVING BEEN INFORMED by the Court on the making of that order of my right to make an application for an order of habeas corpus or an application under section 50 of that Act,

AND HAVING BEEN FURTHER INFORMED that I would not be delivered up during a period of fifteen days from the date of the said order for delivery, except with my consent given before a Judge of the District Court assigned to the Dublin Metropolitan District, or while any such application is pending,

DO NOW HEREBY CONSENT TO MY BEING DELIVERED UP.

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

The above consent was given before me at ......................................................................................................

this day of 19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District

(a) State official title of Police Force as in original warrant.

(b) State place where the warrant was issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

* Delete if not applicable

No. 29.12

O.29, r.8 (1)

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

EXTRADITION ACT, 1965

Section 49 (1)

INFORMATION FOR PROVISIONAL WARRANT

THE INFORMATION OF ................................................................................................................................................

OF .........................................................................................................................................................................

who says on oath:-

1. I am a member of the Garda Síochána not below the rank of inspector.

2. I have reason to believe that a warrant has been issued by a judicial authority,

namely, (a) .........................................................................................................................................................................

at (b) .............................................................. in (c) ..........................................................................................................

a place in relation to which Part III of the above-mentioned Act applies, for the arrest

of .........................................................................................................................................................................................

*(alias) ......................................................... of .................................................................................................................

*(accused) *(convicted) of an indictable offence under the law of the said place, that is to say, †

3. The said warrant is not yet in my possession.

4. I have received a request made on the ground of urgency by or on behalf of (d)

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

at (b) ................................................................ in (c) .........................................................................................................

being the police force of that place, for the issue in the State of a warrant for the arrest

of the said ...........................................................................................................................................................................

5. I have reason to believe that the said ..................................................................................................................

*(may be found in the State) *(may intend to enter the State).

‡6. I have reason to believe that the requirements of subsection (3) of section 43 of the said Act have been satisfied.)

I therefore apply for the issue of a warrant pursuant to section 49 (1) of the said Act

for the arrest of the said ...................................................................................................................................................

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

SWORN before me at .......................................................................................................................................................

this day of 19

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

Judge of the District Court

(a) Name the judicial authority.

(b) State place where warrant was issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(d) State official title of Police Force.

* Delete if not applicable

† Give particulars of conviction or state offence

‡ Delete unless warrant is for a convicted person

No. 29.13

O.29, r.8 (2)

AN CHÚIRT DÚICHE THE DISTRICT COURT

District Court Area of District No.

EXTRADITION ACT, 1965

Section 49 (1)

PROVISIONAL WARRANT OF ARREST

WHEREAS an information on oath and in writing has this day been sworn before me, a Judge of the District Court, pursuant to section 49 (1) of the above-mentioned

Act, by ................................................................................................................................................................................

of ..........................................................................................................................................................................................

a member of the Garda Síochána not below the rank of inspector, stating that the member

1. has reason to believe that a warrant has been issued by a judicial authority, namely,

(a) ...................................................................... at (b) ........................................................................................................

in (c) ..................................................................................... a place in relation to which Part III of

the said Act applies, for the arrest of .............................................................................................................................

*(alias) ........................................................ of ...................................................................................................................

*(accused) *(convicted) of an indictable offence under the law of that place, that is to say, †

but that the warrant is not yet in his/her possession,

2. has received a request made on the ground of urgency by or on behalf of

(d) ................................................................... at (b) .............................................................................................................

in (c)

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

being the police force of that place, for the

issue in the State of a warrant for the arrest of the said ................................................................................................

3. has reason to believe that the said .......................................................................................................................

*(may be found in the State,) *(may intend to enter the State,)

‡4. has reason to believe that the requirements of subsection (3) of section 43 of the said Act have been satisfied,)

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said

.................................................................................................... within seven days after the date of

the issue of this warrant and to bring him/her before a Judge of the District Court assigned to the Dublin Metropolitan District to be dealt with according to law.

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána,

at .........................................................................

(a) Name the judicial authority.

(b) State place where warrant was issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(d) State official title of Police Force.

* Delete if not applicable

† Give particulars of conviction or state offence

‡ Delete unless warrant is for a convicted person

No. 29.14

O.29, r.8 (3)

AN CHÚIRT DÚICHE THE DISTRICT COURT

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 49 (6)

COMMITTAL WARRANT

(for not more than seven days after arrest on a provisional warrant)

WHEREAS ...........................................................

*(alias) .............................................................................

of .........................................................................................................., was this day before me, a Judge of

District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, on foot of a provisional warrant of arrest dated the day of 19 issued pursuant to section 49 (1) of the above-mentioned Act on the ground that there was reason to believe that a warrant had been issued by a judicial authority,

namely, (a) ..........................................................

at (b) ...........................................................................................

in (c) ...................................................................., a place in relation to which Part III of the

said Act applies, for the arrest of the said ...................................................................................................................

*(accused) *(convicted) of an indictable offence under the law of that place, that is to say, †

AND WHEREAS the last-mentioned warrant, endorsed in accordance with section 43 of the said Act, was not produced to me,

AND WHEREAS I did remand the said ..............................................................................................................

in custody until the last-mentioned warrant, so endorsed, is produced to the person having .

the custody of the said .....................................................................................................................................................

or until the day of 19 (being a day not more than seven days from the date hereof), whichever is the earlier,

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said in the *(prison) *(remand institution, he being not more than twenty-one years of age)

at ..........................................................................................................................................................................................

there to be detained by the *(governor) *(person in charge) thereof until the said warrant, endorsed in accordance with the said section 43, is produced to the said *(governor) *(person in charge) or until the aforesaid day of 19 , to be then released if the said warrant has not been produced as aforesaid,

AND it shall be lawful for you to lodge the said ...............................................................................................

forthwith in the Garda Síochána station at ..................................................................................................................

in the custody of the member of the Garda Síochána in charge of such station for forty-eight hours unless the said warrant, so endorsed, shall be sooner produced to the said last-mentioned member.

Dated this

day of

19 .

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

Judge of the District Court assigned

to the Dublin Metropolitan District

To the Superintendent of the Garda Síochána,

at ................................................................................

(a) Name the judicial authority.

(b) State place where the warrant was issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

*Delete if not applicable

†Give particulars of conviction or state offence

No. 29.15

O.29, r.9

EXTRADITION ACT, 1965

Section 7A

RECOGNISANCE

We, .......................................................of ....................................................a ....................................................

(Principal Party)

and .................................................................of...................................................a .....................................................

(Surety)

and .................................................................of...................................................a .....................................................

(Surety)

severally acknowledge ourselves to owe to the State the several sums following, that is is say, the said Principal Party the sum of ............... pounds and the said Sureties the sum of ...................... pounds each, to the use of the Minister for Finance if the Principal Party fails in the condition or any of the conditions of this recognisance as set out hereunder

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

Principal Party

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

Surety

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

Surety

Acknowledged before me at ............................................................................................................................

this day of 19

Dated this

day of

19 .

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

*[Judge of the District Court*

(assigned to the Dublin Metropolitan

District)]

(or)

*[Deputy/Governor of ...................................

*(Prison) *(Remand Institution)]

THE CONDITIONS) OF THIS RECOGNISANCE IS/ARE such that—

whereas the above-named Principal Party was before the District Court at a sitting of the Court for the Dublin Metropolitan District on the day of 19 , he/she having been arrested under *(Part II) *(Part III) of the above-mentioned Act, and the Court committed/remanded him/her in custody under section ......... of that Act,and whereas by order of the High Court dated the day of 19 it was ordered that the said Principal Party be admitted to bail on his/her entering into a recognisance (as above) before a Judge of the District Court *(assigned to the Dublin

Metropolitan District) or the Governor or Deputy Governor of .............................................................................

Prison/Remand Institution, and the said order required that the recognisance(s) be conditioned that the Principal Party shall †

IF THEREFORE the Principal Party shall comply with all the requirements and conditions of the said order of the High Court, then, this recognisance shall be void, or otherwise it shall stand in full force and effect.

* Delete if not applicable

* Delete if not applicable

† State conditions as set out in the High Court order

No. 30.1

O.30, r.2

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

Section 3

COMMUNITY SERVICE ORDER

District Court Area of

District No.

................................................................................................................................................................. Prosecutor

................................................................................................................................................................... Offender

UPON CONVICTION of the above-named offender, a person aged 16 years and

upwards, who resides

at

*(in said District) *(in District No. ) of the following offence,

that he did

contrary to

being an offence for which, in the opinion of the Court, the appropriate sentence would be one of *(imprisonment) *(detention in Saint Patrick's Institution) for months, and

THE COURT having considered the offender's circumstances and a report about him/her by a probation and welfare officer, and

BEING SATISFIED

(i) that he/she is a suitable person to perform work under a community service order, and

(ii) that arrangements can be made for the offender to perform such work in District No. in which District he/she will reside while performing such work,

AND HAVING EXPLAINED TO HIM/HER

( a ) the effect of this Order when made,

( b ) the requirements of sections 7 (1) and 7 (2) of the Act,

( c ) the consequences which may follow under sections 7 (4) and 8 of the Act if he/she fails to comply with any of those requirements, and

( d ) that the Court may review the Order on the offender's application or that of a relevant officer,

and the offender consenting to this Order,

HEREBY ORDERS that the offender

(1) shall perform in accordance with the Act within one year of the date of this Order unpaid work for hours (being not less than 40 and not more than 240 hours);

(2) shall report to such person as (he/she) may from time to time be directed (to).

by or on behalf of ...................................................... the specified relevant officer;

(3) shall perform satisfactorily the unpaid work at such times as may be directed by or on behalf of such person;

(4) shall notify such person of any change of address.

*(AND FURTHER ORDERS

that the hours of work specified herein shall be *(concurrent with)

*(additional to) the hours of work specified in the Order of the Court dated )

Unless revoked, this Order shall remain in force until the offender has worked under it for the number of hours specified herein.

Dated this

day of

19 .

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

Judge of the District Court

* Delete words which are inapplicable

No. 30.2

O.30, r.3(1)

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

SUMMONS UNDER SECTION 7 (4)

District Court Area of

District No.

........................................................................................................................................................... Relevant Officer

........................................................................................................................................................... Offender

WHEREAS on the day of 19 a community service order under section 3 of the above Act was made at a sitting of the Court held at in respect of the above-named offender,

AND WHEREAS the District aforesaid is the district of residence for the purposes

of the said order, and the offender is now residing at

*(in the court area and district

aforesaid),

AND WHEREAS the above-named relevant officer has made complaint that you the above-named offender, at

on the day of 19 , did fail, without reasonable excuse, to comply with a requirement of section 7 (1) of the above Act,

as follows:-

(Give details of alleged offence)

contrary to section 7 (4) of the Criminal Justice (Community Service) Act, 1983 ,

THIS IS TO COMMAND YOU to appear at the sitting of the District Court to be held at on the day of 19 at a.m./p.m.

to answer the said complaint.

Dated this

day of

19 .

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

Judge of the District Court

To

of

the above-named offender.

N.B. If you fail to appear on the hearing of this summons a warrant may be issued for your arrest.

* Delete where inapplicable

No. 30.3

O.30, r.3 (2)

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

SUMMONS UNDER SECTION *9 *10 (1) *11 (1)

District Court Area of

District No.

........................................................................................................................................................... Relevant Officer

........................................................................................................................................................... Offender

WHEREAS on the day of 19 a community service order under section 3 of the above Act was made at a sitting of the Court held at in respect of the above-named offender and is in force,

AND WHEREAS the District aforesaid is the district of residence for the purposes

of the said order, and the offender is now residing at

*(in the court area and district

aforesaid),

THIS IS TO COMMAND YOU the above-named offender to appear at the sitting of

the District Court to be held at

on the

day of 19 at a.m./p.m. on the hearing of an application by the above-named relevant officer

*to extend to the period of one year specified in the order for the performance of work, pursuant to section 9 of the Act.

*to amend the order by substituting District Court District No. ...........................................................................

for the district of residence, pursuant to section 10 (1) of the Act.

*to revoke the order or to deal with you in some other manner for the offence in respect of which the order was made, pursuant to section 11 (1) of the Act.

Dated this

day of

19 .

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

Judge of the District Court

To

of

the above-named offender.

N.B. If you fail to appear on the hearing of this summons a warrant may be issued for your arrest.

* Delete where inapplicable

No. 30.4

O.30, r.4 (1)

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

NOTICE OF APPLICATION UNDER SECTION *9 *10 (1) *11 (1)

District Court Area of

District No.

Between

............................................................................................................................................................................ Offender

(Applicant)

and

............................................................................................................................................................ Relevant Officer

(Respondent)

Whereas on the day of 19 a community service order under section 3 of the above Act was made at a sitting of the Court held at in respect of the above-named offender and is in force,

AND WHEREAS the District aforesaid is the district of residence for the purposes

of the said order, and the offender is now residing at

*(in the court area and district

aforesaid),

TAKE NOTICE that the applicant, (the above-named offender) will apply to the District Court sitting at on the day of 19 at a.m./p.m. for an order

*extending to the period of one year specified in the order for the performance of work, pursuant to section 9 of the Act.

*amending the order by substituting District Court District No. ................................................................

for the district of residence, pursuant to section 10 (1) of the Act.

*revoking the order or that the applicant be dealt with in some other manner for the offence in respect of which the order was made, pursuant to section 11 (1) of the Act.

Dated this

day of

19 .

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

*Applicant/*Solicitor for Applicant

To

of

the above-named offender.

* Delete where inapplicable

No. 30.5

O.30, r.6

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

ORDER UNDER SECTION 10 (1)

District Court Area of

District No.

............................................................................................................................................................. Relevant Officer

............................................................................................................................................................. Offender

WHEREAS on the day of 19 a community service order under section 3 of the above Act was made at a sitting of the Court held at in respect of the above-named offender and is in force,

AND WHEREAS the District aforesaid is the district of residence for the purposes

of the said order, and the offender is now residing at

*(in the court area and district

aforesaid),

THE COURT being satisfied on the application of the *(relevant officer) *(offender) that the offender *(proposes to change) *(has changed) his/her residence from the district of residence and will reside at

in District Court District No. ...........................................................................................................................................

and it appearing that arrangements can be made in the latter District for the offender to perform work under the order,

HEREBY ORDERS that the community service order be amended by the substitution

of District Court District No. ...........................................................................................................................................

for the district of residence.

Dated this

day of

19 .

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

Judge of the District Court

* Delete where inapplicable

No. 30.6

O.30, r.8

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

Section 8 (1) (a)

WARRANT OF EXECUTION

District Court Area of

District No.

............................................................................................................................................................. Relevant Officer

............................................................................................................................................................. Offender

WHEREAS the above-named offender, of ....................................................................................................

in the court area and district aforesaid, was on the day of 19 convicted by this Court of the following offence, namely, that he/she did

contrary to , and the offender being a person to whom the Criminal Justice (Community Service) Act, 1983 applied, the Court made a community service order under section 3 of the said Act in respect of that offence, and the said order is in force,

AND WHEREAS upon hearing a complaint made to this Court to-day by the above-named relevant officer that the offender has failed, without reasonable excuse, to comply

with a requirement of section 7 (1) of the said Act, namely ...........................................................................

and upon hearing the evidence tendered the Court convicted the offender under section 7 (4) of the Act of that offence,

AND WHEREAS the Court, pursuant to section 8 (1) (a) of the Act, now revokes the said order and orders that the offender be *(imprisoned)*(detained) for the period of for the offence in respect of which the community service order was made.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said.

offender, .................................................................... of .........................................................................................

in *(the prison) *(Saint Patrick's Institution, he being a person who is not less than.

seventeen nor more than twenty-one years of age) at ..........................................................................................

there to be *(imprisoned) *(detained) by the *(Governor) *(person in charge) thereof.

for the period of ....................................................................................................................................................

Dated this

day of

19 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

* Delete words inapplicable

No. 31.1

O.31, r.2 (1)

CRIMINAL JUSTICE ACT, 1984

Section 8 (7)

NOTICE OF APPLICATION FOR AN ORDER

FOR THE PRESERVATION OF *PHOTOGRAPH *PRINTS

District Court Area of

District No.

Between

Director of Public Prosecutions

..................................................................................................................................................................... Applicant

and

............................................................................................................................................................... (Respondent)

of

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

*(in the court area and district aforesaid)

WHEREAS the above-named respondent was on the day of 19

arrested by ..................................................................... of the Garda Síochána at ..................................................

*(in the court area and district aforesaid) on suspicion of having committed *(in the court area and district aforesaid) an offence to which section 4 of the above Act applies, namely,

AND WHEREAS he/she was taken to and detained in ............................... Garda Síochána station, and while so detained *(he/she was photographed)

*(his/her fingerprints/palm prints were taken)

pursuant to section 6 of the said Act,

AND WHEREAS the destruction of the said * (photograph) * (prints) would require to be carried out onthe day of 19 ,

TAKE NOTICE that the above applicant will apply to the District Court sitting at on the day of 19 at a.m./p.m. for an order authorising the preservation of the said *(photograph) *(prints)for a period not exceeding six months, on the ground that *(it) *(they) may be required for the purpose of further proceedings in relation to the offence.

Dated this

day of

19 .

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

Applicant/Solicitor for Applicant.

To

of

the above-named respondent.

* Delete where inapplicable

No. 31.2

O.31, r.3

CRIMINAL JUSTICE ACT, 1984

Section 8 (7)

NOTICE OF APPLICATION FOR AN ORDER

FOR THE PRESERVATION OF *PHOTOGRAPH *PRINTS

District Court Area of

District No.

Between

Director of Public Prosecutions

..................................................................................................................................................................... Applicant

and

............................................................................................................................................................... (Respondent)

of ......................................................................................................................................................................................

*(in the court area and district aforesaid)

UPON HEARING an application by the applicant for an order pursuant to section 8 (7) of the above Act authorising the preservation, for a period not exceeding six months, of *(a photograph) *(fingerprints/palm prints) of the above-named respondent

taken at ..................................................................................................................................................................

Garda Síochána station on day of 19 while he/she was detained-

there on suspicion of having committed an offence to which section 4 of the above Act applies, namely,

THE COURT being satisfied

1. that the destruction of the said *(photograph) *(prints) is required to be carried out on the day of 19 ,

2. that notice of the application was duly served upon the respondent, and

3. that the *(photograph) *(prints) may be required for the purpose of further proceedings in relation to the offence,

HEREBY ORDERS that the said *(photograph) *(prints) be preserved for the period of from the date hereof.

Dated this

day of

19 .

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

Judge of the District Court.

* Delete where inapplicable

No. 31.3

O.31, r.4

CRIMINAL JUSTICE ACT, 1984

INFORMATION UNDER SECTION 10

District Court Area of

District No.

Between

............................................................................................................................. a member of the Garda Síochána

of ......................................................................................................................................................................................

and

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

of....................................................................................................................................................................................

*(in the court area and district aforesaid)

THE INFORMATION of

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

of .....................................................................................................................................................................................

who says on oath —

I am a member of the Garda Síochána not below the rank of superintendent and I lay this information pursuant to section 10 of the above-mentioned Act.

*(From my own knowledge) *(From information which I have received and which I believe to be true) I say

that the above-named person ....................................................................................................................................

was on the day of 19 at a.m./p.m. arrested by the above first-

named member of the Garda Síochána at ................................................................. *(in the court (area and)

district aforesaid) on suspicion of having committed *(in the court (area and) district aforesaid) an offence to which section 4 of the said Act applies, namely,

contrary to

that the said person was taken to and detained in ................................................................................................

Garda Síochána station,

and that he/she was at a.m./p.m. on the day of 19 released in accordance with the provisions of the said section 4 without any charge having been made against him/her.

I say that further information, as follows:—

has come to the knowledge of the Garda Síochána since that person's release as to his/her suspected participation in *(the said offence) *(the following offence, namely,

being an offence of which, at the time of the said arrest, the member of the Garda Síochána by whom he/she was arrested *(suspected that person,) *(ought reasonably to have suspected that person,)

and I hereby apply for an order to arrest that person for the said last-mentioned offence.

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

Informant

SWORN before me this day of 19 .

at

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

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

Judge of the District Court.

* Delete where inapplicable

No. 31.4

O.31, r.5

CRIMINAL JUSTICE ACT, 1984

Section 10

ORDER TO ARREST

District Court Area of

District No.

Between

...................................................................................................................................... a member of the Garda Síochána

of .....................................................................................................................................................................................

and

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

of .....................................................................................................................................................................................

*(in the court area and district aforesaid)

WHEREAS IT APPEARS from the information on oath and in writing sworn before.

me on this day pursuant to section 10 of the above-mentioned Act by ...............................................................

......................................................... of ........................................................................... a member of the Garda

Síochána not below the rank of superintendent.

THAT the above-named person, ......................................................................................................., was at

a.m./p.m. on the day of 19 arrested by the

above-named ............................................................ of the Garda Síochána at ...................................

................................................................................................................ *(in court (area and) district aforesaid) on

suspicion of having committed *(in the court (area and) district aforesaid) an offence to which section 4 of the said Act applies, namely

contrary to

THAT he/she was taken to and detained in .......................................................................... Garda

Síochána station,

AND THAT he/she was, at a.m./p.m. on the day of 19

released in accordance with the provisions of section 4 of the said Act without any charge having been made against him/her.

AND WHEREAS I AM SATISFIED from the said sworn information that further

information has come to the knowledge of the Garda Síochána since that person's release as to his/her suspected participation in

*(the said offence)

*(the following offence, namely,

, being an offence

of which, at the time of the said arrest, the member of the Garda Síochána by whom he/she was arrested *(suspected that person,) *(ought reasonably to have suspected that person,)

for which his/her arrest is now sought,

THIS IS TO AUTHORISE YOU to whom this order is addressed to arrest the

said person, ................................................................... of .......................................................................................

in accordance with the provisions of section 10 of the Criminal Justice Act, 1984 for the said last-mentioned offence.

Dated this

day of

19 .

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

Judge of the District Court.

To

,

the Superintendent of the Garda Síochána,

at

* Delete where inapplicable

No. 31.5

O.31, r.6 (1)

CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

Section 4 (5)

NOTICE OF APPLICATION FOR AN ORDER FOR THE RETENTION OF RECORDS AND SAMPLES

District Court Area of

District No.

Between

.................................................................................................................................................................. Applicant

of ...........................................................................................................................................................................

*(in court area and district aforesaid)

and ................................................................................................................................................. Respondent

of .........................................................................................................................................................................

*(in the court area and district aforesaid)

WHEREAS, while the above-named *applicant *respondent was in custody as indicated.

in section 2 of the above-mentioned Act at .........................................................................................................

*(in court area and district aforesaid), sample(s) of .............................................................................................

was/were taken from him/her pursuant to the said section 2 on the day of 19 ,

AND WHEREAS every record made identifying the person from whom the samples(s) has/have been taken and every sample identified by such record require to be destroyed under section 4 of the said Act on the day of 19 ,

TAKE NOTICE that the above-named Applicant will apply at the sitting of the District.

Court to be held at ....................................................................................................................................................

on the day of 19 at a.m./p.m. for an order under section 4 (5) of the said Act authorising the retention of the said record(s) and sample(s) for the

purpose of ..................................................................................................................................................................

for the period of ........................................................................................................................................................

Dated this

day of

19.

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

Applicant/Solicitor for Applicant.

To

of

the above-named respondent.

* Delete words inapplicable

No. 31.6

O.31, r.7

CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

Section 4 (5)

ORDER FOR RETENTION OF RECORDS AND SAMPLES

District Court Area of

District No.

Between

....................................................................................................................................................................... Applicant

of ...............................................................................................................................................................................

*(in court area and district aforesaid)

and ....................................................................................................................................... Respondent

of ...............................................................................................................................................................................

*(in the court area and district aforesaid)

UPON HEARING an application *by *on behalf of the above-named applicant for an order pursuant to section 4 (5) of the above-mentioned Act authorising the retention.

of sample(s) of .......................................................................................................................................................

taken from the *applicant *respondent pursuant to section 2 of the said Act on the day of 19 while he/she was in custody as indicated in the said section 2 at

.................................................................................................................................................. *(in court area and

district aforesaid), and for the retention of the record(s) identifying the sample(s) and the said *applicant *respondent,

THE COURT being satisfied that the destruction of the record(s) and the sample(s) identified by such record (s) required to be carried out on the day of 19 ,

that notice of the application herein was duly served upon the respondent,

that there is good reason why the said record(s) and sample(s), to which section 4 of the said Act applies, should not be destroyed under that section,

HEREBY AUTHORISES the retention of the said record(s) and sample(s) for the period of from the date hereof for the purpose of:-

Dated this

day of

19.

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

Judge of the District Court.

* delete words inapplicable

No. 31A.1

O.31A, r.2 (2)

POLICE (PROPERTY) ACT, 1897

Section 1 (1)

NOTICE OF APPLICATION FOR AN ORDER FOR THE DISPOSAL OF PROPERTY

District Court Area of

District No.

..................................................................................................................................................................... Applicant

of ..............................................................................................................................................................................

*(in court area and district aforesaid)

and .................................................................................................................................................... Respondent

of .................................................................................................................................................................................

WHEREAS the following property has come into the possession of the Garda

Síochána at .................................................................................................................................. in the said district

*(in connection with a criminal charge),

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

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

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

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

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

TAKE NOTICE that the above-named applicant, being

*a superintendent of the Garda Síochána,

*a claimant of the said property,

will apply at the sitting of the District Court to be held ......................................................................................

on the day of 19 at a.m./p.m. pursuant to section 1 (1) of the above-mentioned Act for an order for the delivery of the said property to the owner thereof or such order with respect to the property as to the Court may seem meet.

Dated this

day of

19.

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

Applicant/Solicitor for Applicant

To

of

the above-named respondent.

* Delete words inapplicable

No. 31A.2

O.31A, r.3

POLICE (PROPERTY) ACT, 1897

Section 1 (1)

ORDER FOR DISPOSAL OF PROPERTY

District Court Area of

District No.

Between

......................................................................................................................................................................... Applicant

of .............................................................................................................................................................................

*(in court area and district aforesaid)

and ........................................................................................................................................................ Respondent

of .....................................................................................................................................................................................

UPON HEARING an application made to this Court to-day by the above-named applicant, the said applicant being

*(a superintendent of the Garda Síochána,)

*(a claimant of the property mentioned herein,)

for an order pursuant to section 1 (1) of the above-mentioned Act for the disposal of the following property which has come into the possession of the

Garda Síochána at .......................................................................................................................................................

...................................................................................................................................................... in the said district

*(in connection with a criminal charge),

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

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

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

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

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

THE COURT *(being satisfied that notice of the application was duly served in accordance with Rules of Court,)

having heard the evidence tendered herein,

*and it appearing that .................................................................. of .......................................................................

is the owner of the said property,

HEREBY ORDERS that the said property be delivered to the said owner.]

(OR)

*being satisfied that the owner of the said property cannot be ascertained,

HEREBY ORDERS as follows:—

Dated this

day of

19.

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

Judge of the District Court.

* Delete words inapplicable

No. 32.1

O.32, r.2 (1)

MISUSE OF DRUGS ACT, 1977

Section 26

INFORMATION

District Court Area of

District No.

THE INFORMATION of .................................... of ......................................................................... Garda Síochána

station, who says on oath:-

I am a member of the Garda Síochána and I have reasonable ground for suspecting *[that a person is in possession in contravention of the Misuse of Drugs Acts, 1977 and 1984 on *(a premises) *(land) of

*(a controlled drug, namely, .................................................................................................................................

*(a forged prescription,)

*(a duly issued prescription which has been wrongfully altered,)

and that such *(drug) *(prescription) is on the *(premises) *(land)

at ......................................................................................................................................................... in said district.]

*[that opium poppy, a plant of the genus Cannabis or a plant of the genus Erythroxylon is being cultivated contrary to section 17 of the Misuse of Drugs Act, 1977 on or in the.

(premises) *(land) at ....................................... in said District.]

*(that a document mentioned in section 26 (1) (b) of the Misuse of Drugs Act, 1977 is.

in the possession of a person on the premises at ................................................................... in said District.]

The ground for so suspecting is as follows:—

and I hereby apply for a warrant to search the said *(premises) *(land) pursuant to section 26 of the Misuse of Drugs Act, 1977 as amended by the Misuse of Drugs Act, 1984 .

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

Informant

SWORN before me at

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

this day of 19 .

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

Judge of the District Court,

(or) Peace Commissioner

* Delete where inapplicable

No. 32.2

O.32, r.2 (2)

MISUSE OF DRUGS ACT, 1977

Section 26

SEARCH WARRANT

District Court Area of

District No.

WHEREAS I am satisfied by the information on oath of

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

a member of the Garda Síochána, of .............................................................................. Garda Síochána station,

that there is reasonable ground for suspecting

*(that a person is in possession in contravention of the Misuse of Drugs Acts, 1977 and 1984 on *(a premises) *(land) of

*(a controlled drug, namely, .................................................................................................................................

*(a forged prescription)

*(a duly issued prescription which has been wrongfully altered) and that such *(drug) (prescription) is on the *(premises) *(land)

at .............................................................. in said district.]

*[that opium poppy, a plant of the genus Cannabis or a plant of the genus Eryhroxylon is being cultivated contrary to section 17 of the Misuse of Drugs Act, 1977 on or in the

(premises) *(land) at ........................................ in said District.]

*[that a document mentioned in section 26 (1) (b) of the Misuse of Drugs Act, 1977 is.

in the possession of a person on the premises at .......................................................................................

................................................ in said district,]

THIS IS TO AUTHORISE YOU, .............................................................. , the said member of the

Garda Síochána, accompanied by such other members of the Garda Síochána and such other persons as may be necessary, at any time or times within one month of the date.

hereof, to enter (if need be by force) the said *(premises) *(land) at ..................................................... in

said district, to search such *(premises) *(land) and any persons found therein, to examine any substance, article or other thing found thereon or therein, to inspect any book, record or other document found thereon and, if there is reasonable ground for suspecting that an offence is being or has been committed under the Misuse of Drugs Acts, 1977 and 1984 in relation to a substance, article or other thing found on such (premises) (land) or that a document so found is a document mentioned in subsection (1) (b) of section 26 of the Misuse of Drugs Act, 1977 or is a record or other document which you have reasonable cause to believe to be a document which may be required as evidence in proceedings for an offence under the Misuse of Drugs Acts, 1977 and 1984, to seize and detain the substance, article, document or other thing, as the case may be.

Dated this

day of

19.

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

Judge of the District Court,

(or) Peace Commissioner.

To ............................................................................................................................................................................

of ..............................................................................................................................................................................

* Delete where inapplicable

No. 32.3

O.32, r.3

MISUSE OF DRUGS ACT, 1977

Section 28 (2) (a)

RECOGNISANCE

District Court Area of

District No.

................................................................................................................................................................... Prosecutor

................................................................................................................................................................... Offender

I, the above-named ............................................ of .............................................. a ..........................................

(occupation)

Principal Party hereto,

I, the above-named ............................................ of .............................................. a ..........................................

(occupation)

a Surety hereto,

I, the above-named ............................................ of .............................................. a ..........................................

(occupation)

a Surety hereto,

severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said Principal Party the sum of £ ,and the said Sureties the sum of £ each, to the use of the Minister for Finance if the Principal Party hereto fails in any condition set out hereunder.

............................................................................................................................................................ Principal Party

............................................................................................................................................................ Surety

............................................................................................................................................................. Surety

Acknowledged before me this

day of

19.

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

Judge of the District Court.

CONDITIONS

The condition(s) of this recognisance is/are that the Principal Party hereto

*(a) shall be under the supervision of .................. during the period of ...................... from the date of this recognisance, and will receive visits from and permit visits by the said .................*(at the Principal Party's residence) *(at .............................. ) as

follows:- ...................................................................................................................................................................;

*(b) shall undergo medical or other treatment recommended in the report made by

...................................................................................................................................................................................;

*(c) shall for the treatment referred to at condition (b) *(attend) *(remain) in the

hospital, clinic or other place at ..................................................................................... for the period

of ...................................................................................................................................................................

*(d) shall attend the following course of education, instruction or training:

..................................................................................................................................................................................;

* Delete where inapplicable

No. 32.4

O.32, r.4 (1)

MISUSE OF DRUGS ACT, 1977

Section 28 (5)

INFORMATION

(Breach of Recognisance)

District Court Area of

District No.

...................................................................................................................................................................... Prosecutor

...................................................................................................................................................................... Offender

THE INFORMATION of ................................................ of .............................................................

who says on oath:-

On the day of 19 at a sitting of the District Court

held at ................................................................. the above-named ....................................................................

of

............................................................................................................. entered into a recognisance pursuant to

section 28 (2) of the Misuse of Drugs Act, 1977 in the sum of £

*(together with ...................................................... of ...................................................................................... and

......................................................................... of .................................................................................... sureties in

the sum of £ each) conditioned that the said ........................................................................................

*(a) would be under the supervision of ..................... during the period of ........................ from the date of the recognisance, and would receive visits from and permit visits by the said ............................ *(at the Principal Party's residence) *(at ............................................. ) as follows:- ...........................;

*(b) would undergo medical or other treatment recommended in the report made

by ...........................................................................................................................................................

*(c) would, for the treatment referred to at condition (b) above, *(attend) *(remain)

in the hospital, clinic or other place at ...........................................................................................

for the period of ................................................................................................................................

*(d) would attend the following course of education, instruction or training:

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

I say that the said ........................................................................ has failed to observe the condition(s)

of the said recognisance inasmuch as

and thereby is in breach of the recognisance.

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

Informant

SWORN before me this

day of

19 .

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

Judge of the District Court.

* Delete where inapplicable

No. 32.5

O.32, r.4 (2)

MISUSE OF DRUGS ACT, 1977

Section 28 (5)

WARRANT TO ARREST

(Breach of Recognisance)

District Court Area of

District No.

...................................................................................................................................................................... Prosecutor

...................................................................................................................................................................... Offender

WHEREAS it appears from an information in writing sworn on the day of

19

by ....................................................................... of............................................................................

that the above-named ................................................................ of .............................................................................

having entered into a recognisance *(with a surety/sureties) before the Court on the day of 19 pursuant to section 28 (2) (a) of the Misuse of Drugs Act, 1977 conditioned that he/she

*(a) would be under the supervision of......................... during the period of ........................ from the date of the recognisance, and would receive visits from and permit visits by the said ............................ *(at the Principal Party's residence) *(at.............................) as follows:-................................................................................................

*(b) would undergo medical or other treatment recommended in the report made

by

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

*(c) would, for the treatment referred to at condition (b) above, *(attend) *(remain)

in the hospital, clinic or other place at............................... for the period of ......................................

*(d) would attend the following course of education, instruction or training:

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

did fail to observe the said condition(s) in that he/she failed to-

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the .

said ............................................................................ of ....................................................................... and to

bring him/her before me or some other Judge to be dealt with according to law.

Dated this

day of

19

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

Judge of the District Court.

To the Superintendent of the Garda Síochána,

at ..................................................................................................................................................................

*Delete where inapplicable

No. 32.6

O.32, r.4 (2)

MISUSE OF DRUGS ACT, 1977

Section 28 (5)

SUMMONS

(Breach of Recognisance)

District Court Area of

District No.

.............................................................................................................................................................. Prosecutor

.............................................................................................................................................................. Offender

............................................................................................................................................................. *Surety

............................................................................................................................................................. *Surety

WHEREAS IT APPEARS from an information in writing sworn on the day

of

19 by ........................................................ of .................................................................... that a

recognisance pursuant to section 28 (2) (a) of the Misuse of Drugs Act 1977 was entered into before the Court on the day of 19

by you ............................................................................................ the above-named offender (Principal Party) in

the sum of £

*(by you .......................................................................... Surety,

in the sum of £ ,)

and

*(by you .......................................................................... Surety,

, in the sum of £ ,)

conditioned that the principal party

*(a) would be under the supervision of .................... during the period of ........................ from the date of the recognisance, and would receive visits from and permit visits by the said .................................*(at his/her residence) *(at ..................................... as follows ..............................................................................................................................................

*(b) would undergo medical or other treatment recommended in the report made

by ...........................................................................................................................................

*(c) would, for the treatment referred to at condition (b) above, *(attend) *(remain)

in the hospital, clinic or other place at ...........................................................................................

for the period of ................................................................................................................................

*(d) would attend the following course of education, instruction or training,

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

AND WHEREAS complaint was made in the said information that you, the said offender and principal party to the said recognisance, did fail to observe the said conditions) in that you failed to

THIS IS TO COMMAND YOU, the said offender *(and you the said surety/sureties) to appear at the sitting of the District Court to be held at ................. on the day of 19 at a.m./p.m. on the hearing of that complaint.

Dated this

day of

19.

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

Judge of the District Court.

To

of

, the above-named offender.

*To

of

, Surety

*To

of

, Surety

* Delete where inapplicable

No. 32.7

O.32, r.5 (1)

MISUSE OF DRUGS ACT, 1977

NOTICE OF APPLICATION UNDER SECTION 28 (6) OF THE ACT

District Court Area of

District No.

............................................................................................................................................................... Prosecutor

............................................................................................................................................................... Offender

WHEREAS the above-named offender is being detained in custody in the custodial treatment centre at.............. pursuant to an order of the Court dated the day of 19 made under section 28 (2) (b) of the Misuse of Drugs Act, 1977 ,

AND WHEREAS the above-named *(Prosecutor) *(Offender) believes that

*[the offender is not now, or may not now be, in further need of the treatment or care of which the Court formerly considered him/her to be in need]

*(the offender's continued detention in custody in the said centre is not now, or may not now be, in his/her best interests or in the best interests of other persons in that centre],

TAKE NOTICE that application will be made by or on behalf of the *(Prosecutor) *(Offender) at the sitting of the District Court to be held at .......................... on the day of 19 at a.m./p.m. for an order pursuant to section 28 (6) of the Misuse of Drugs Act, 1977 that the offender be brought before the Court.

Dated this

day of

19 .

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

*(Prosecutor) *(Offender) or

*(Solicitor for ).

To the Clerk of the District Court,

at ................................................

* Delete where inapplicable

No. 32.8

O.32, r.5 (2)

MISUSE OF DRUGS ACT, 1977

Section 28 (6)

WARRANT TO BRING OFFENDER BEFORE THE COURT

District Court Area of

District No.

................................................................................................................................................................ Prosecutor

................................................................................................................................................................ Offender

YOU ARE HEREBY REQUIRED to have the above-named Offender brought in custody before the sitting of the Court to be held at ......................... on the day of 19 at a.m./p.m. for the hearing of an inquiry into the case under section 28 (7) of the Misuse of Drugs Act, 1977 , the said Offender having been committed pursuant to an order of the Court under section 28 (2) (b) of the said Act on the day of 19 .

Dated this

day of

19 .

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

Judge of the District Court.

To the person in charge of the Custodial Treatment Centre,

at .................................................................................................................................................

NO. 32.9

O.32, r.5 (3)

MISUSE OF DRUGS ACT, 1977

NOTIFICATION OF DATE, TIME AND PLACE OF INQUIRY TO BE HELD UNDER SECTION 28 (7) OF THE ACT

District Court Area of

District No.

.................................................................................................................................................................. Prosecutor

.................................................................................................................................................................. Offender

WHEREAS the above-named offender is being detained in custody in the custodial treatment centre at ....................... pursuant to an order of the Court dated the day of 19 made under section 28 (2) (b) of the Misuse of Drugs Act, 1977 ,

AND WHEREAS the above-named *(Prosecutor) *(Offender) believes that

[*the offender is not now, or may not now be, in further need of the treatment or care of which the Court formerly considered him/her to be in need]

*[the offender's continued detention in custody in the said centre is not now, or may not now be, in his/her best interests or in the best interests of other persons in that centre],

TAKE NOTICE that the Court, on the application of the *(Prosecutor) *(Offender), has directed that the case be inquired into at the sitting of the District Court to be held at ....................... on the day of 19 at a.m./p.m., and has ordered pursuant to section 28 (6) of the Misuse of Drugs Act, 1977 that the offender be brought before the Court at the said sitting.

Dated this

day of

19.

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

*(Prosecutor) *(Offender) or

*(Solicitor for ).

To: *The above-named Prosecutor, at ..............................................................................................................

*The above-named Offender,

in the Custodial Treatment Centre at ..........................................................................................................

The person in charge of the Custodial Treatment Centre at ...................................................................

*Delete where inapplicable

NO. 32.10

O.32, r.6

MISUSE OF DRUGS ACT, 1977

Section 30

FORFEITURE ORDER

District Court Area of

District No.

............................................................................................................................................................................ Prosecutor

............................................................................................................................................................................ Accused

THE COURT having convicted the above named Accused, residing at

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

......................................................... , of an offence under the Misuse of Drugs Acts, 1977 and 1984, namely,

and being satisfied that the following thing(s), namely,

relates) to the offence,

*(and having heard submissions by

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

of ............................................................................................................................................................................

(claiming to be the owner of or otherwise interested in the said thing(s)) as to why this

order should not be made]

HEREBY ORDERS pursuant to Section 30 of the Misuse of Drugs Act, 1977

that the said

be forfeited *(and destroyed) *(and be delivered to the Receiver of the said District)

*(and be ).

Dated this

day of

19

.

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

Judge of the District Court.

*Delete where inapplicable

No. 33.1

O.32, r.2 (1)

CRIMINAL JUSTICE ACT, 1993

Section 6 (1)

COMPENSATION ORDER

District Court Area of

District No.

......................................................................................................................................................................... Prosecutor

......................................................................................................................................................................... Accused

......................................................................................................................................................................... Injured Party

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above-named accused (hereinafter referred to as the "convicted

person") residing at ................................................................................................................................................

*(in the court area and district aforesaid) of the following offence, that is to say,—

AND WHEREAS the above-named injured party has suffered *personal injury *loss resulting from *(that offence) *(the following offence(s) which was/were taken into consideration in determining sentence, that is to say,—

),

NOW THE COURT, considering that it would be appropriate to make a compensation order in respect of the said *injury *loss,—

having regard to

the evidence given and the representations made herein, and

the means of the convicted person so far as they appear or are known to the Court,

and

being of opinion that the total amount required by this order to be paid does not exceed the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,

HEREBY ORDERS pursuant to section 6 (1) of the Act that the said convicted

person .............................................................. do pay the sum of £ as compensation in respect of the

said *injury *loss to the said injured party ..................................................................................................

of ................................................................................................................ , who has suffered such *injury *loss,

AND DIRECTS that such compensation be paid—

*(in one payment, such payment to be made not later than the

day of

19 , )

*(by .......... consecutive *weekly *monthly instalments of £

each and a final balance

of £ , the first of such instalments to be paid on the

day

of

19 ,)

AND FURTHER DIRECTS that all payments made under this order shall be made

to the

District Court Clerk,

District Court Office,

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

for transmission to the injured party.

Dated this

day of

19

.

Signed

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

Judge of the District Court

NOTE

The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order.

(See subsections (1) and (4) of section 8 of the Act)

* Delete words inapplicable.

No. 33.2

O.33, r.2 (1)

CRIMINAL JUSTICE ACT, 1993

Section 6 (1)

CHILDREN ACT, 1908

Section 99

COMPENSATION ORDER

(against parent or guardian of child or young person)

District Court Area of

District No.

.............................................................................................................................................................. Prosecutor

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

and

............................................................................................................................................................. Accused

............................................................................................................................................................ Injured Party

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above first-named accused (hereinafter referred to as the "convicted person"), being a *child *young person within the meaning of the Children Acts, 1908

to 1989 and above the age of seven years, and residing at ....................................................................

*(in the court area and district aforesaid) of the following offence, that is to say,—

AND WHEREAS the above second-named accused is the *parent *guardian of the said convicted person,

AND WHEREAS the above-named injured party has suffered

*personal injury *loss resulting from *(that offence) *(the following offence(s) which was/were taken into consideration in determining sentence, that is to say,—

, )

NOW THE COURT, considering that it would be appropriate to make a compensation order in respect of the said *injury *loss,

having regard to—

the evidence given and the representations made herein, and

the means of the *parent *guardian of the convicted person so far as they appear or

are known to the Court, and

being of opinion that the total amount required by, this order to be paid does not exceed the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,

HEREBY ORDERS pursuant to section 6 (1) of the said Act of 1993 and section 99

of the said Act of 1908, that the said *parent *guardian, .................................... of .................................. do

pay the sum of £ as compensation in respect of the said *injury *loss to the said

injured party ....................................................... of ...............................................................................................

who has suffered such *injury *loss,

AND DIRECTS that the said compensation be paid-

*(in one payment, such payment to be made not later than the

day of

19 ,)

*(by ..........consecutive *weekly *monthly instalments of £

each and a final balance

of £

, the first of such instalments to be paid on the

day

of

19 ,)

AND FURTHER DIRECTS that all payments made under this order shall be made

to the

District Court Clerk,

District Court Office,

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

for transmission to the injured party.

Dated this

day of

19

.

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

Judge of the District Court

NOTE

The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order.

(See subsections (1) and (4) of section 8 of the Act of 1993)

*Delete words inapplicable.

No. 33.3

O.33, r.2 (1)

CRIMINAL JUSTICE ACT, 1993

Section 6 (1)

COMPENSATION ORDER

(where offence involved use of mechanically propelled vehicle)

District Court Area of

District No.

................................................................................................................................................................ Prosecutor

................................................................................................................................................................ Accused

................................................................................................................................................................ Injured Party

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above-named accused (hereinafter referred to as the "convicted

person"), residing at ............................................................................................................................................

*(in the court area and district aforesaid) of the following offence involving the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961 ) in a public place, that is to say,—

AND WHEREAS the above-named injured party has suffered *personal injury *loss resulting from that offence,

AND WHEREAS it appears to the Court that-

*(this order is in respect of *an injury *a loss as respects which the use of the vehicle by the convicted person was in breach of section 56 of the said Act of 1961 ),

*(this order is in respect of a loss which is treated by subsection (3) of section 6 of the said Act of 1993 as having resulted from the offence,)

NOW THE COURT, considering that it would be appropriate to make a compensation order in respect of the said *injury *loss,

having regard to—

the evidence given and the representations made herein, and the means of the convicted person as far as they appear or are known to the Court, and

being of opinion that the total amount required by this order to be paid does not exceed the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury `"loss,

*Delete words inapplicable

HEREBY ORDERS pursuant to section 6 (1) of the said Act of 1993 that the said

convicted person

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

do pay the sum of £

as compensation in respect of the

said *injury *loss to the said injured party

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

of

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

, who has

suffered such *injury *loss,

*(which sum includes the sum of £ representing the whole of/part of the toss of or reduction in preferential rates of insurance resulting from such use of the vehicle,)

AND DIRECTS that the said compensation be paid

*(in one payment, such payment to be made not later than the day of 19 .)

*(by consecutive *weekly *monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

AND FURTHER DIRECTS that all payments made under this order shall be made to the

District Court Clerk,

District Court Office,

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

for transmission to the injured party.

Dated this

day of

19

.

Signed

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

Judge of the District Court

NOTE

The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order.

(See subsections (1) and (4) of section 8 of the Act of 1993)

No. 33. 4

O.33, r.2 (1)

CRIMINAL JUSTICE ACT, 1993

Section 6 (1)

CHILDREN ACT, 1908

Section 99

COMPENSATION ORDER

(against parent or guardian of child or young person — where offence involved use of mechanically propelled vehicle)

District Court Area of

District No.

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

Prosecutor

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

and

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

Accused

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

Injured Party

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above first-named accused (hereinafter referred to as the "convicted person"), being a *child *young person within the meaning of the Children Acts, 1908 .

to 1989 and above the age of seven years, and residing at

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

*(in the court area and district aforesaid) of the following offence involving the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961 ) in a public place, that is to say,—

AND WHEREAS the above second-named accused is the *parent *guardian of the said convicted person,

AND WHEREAS the above-named injured party has suffered *personal injury *loss resulting from that offence,

AND WHEREAS it appears to the Court that

*(this order is in respect of *an injury *a loss as respects which the use of the vehicle by the convicted person was in breach of section 56 of the said Act of 1961,)

*(this order is in respect of a loss which is treated by subsection (3) of section 6 of the said Act of 1993 as having resulted from the offence,)

NOW THE COURT, considering that it would be appropriate to make a compensation order in respect of the said *injury *loss,

having regard to—

the evidence given and the representations made herein, and

the means of the *parent *guardian of the convicted person so far as they appear or are known to the Court, and

being of opinion that the total amount required by this order to be paid does not exceed the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,

HEREBY ORDERS pursuant to section 6 (1) of the said Act of 1993 and section 99

of the said Act of 1908, that the *parent *guardian,

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

of

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

, do pay the

sum of £

as compensation in respect of the said *injury *loss to the said injured

party

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

of

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

, who has suffered such *injury *loss, *(which sum

includes the sum of £ representing the whole of /part of the loss of or reduction in preferential rates of insurance resulting from such use of the vehicle,)

AND DIRECTS that the said compensation be paid—

*(in one payment, such payment to be made not later than the day of 19 ,)

*(by ........ consecutive *weekly *monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

AND FURTHER DIRECTS that all payments made under this order shall be made to the

District Court Clerk,

District Court Office,

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

for transmission to the injured party

Dated this

day of

19

.

Signed

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

Judge of the District Court

NOTE

The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order.

(See subsections (1) and (4) of section 8 of the Act of 1993)

*Delete words inapplicable

No. 33.5

O.33, r.3 (2)

CRIMINAL JUSTICE ACT, 1993

Section 6 (8) (a)

NOTICE OF APPLICATION FOR AN ORDER—

*REDUCING THE AMOUNT REMAINING TO BE PAID

*VARYING (AN) INSTALMENTS) PAYABLE

*DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE MADE UNDER A COMPENSATION ORDER

District Court Area of

District No.

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

Applicant

of ............................................................................................................................................................

Injured Party

of ............................................................................................................................................................

WHEREAS on the day of 19 , on conviction of the above-named applicant of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering the applicant to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining

sentence), and directing that the said compensation be paid *(in one payment) * (by ........................................

consecutive *weekly *monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

AND WHEREAS because of a substantial reduction in his/her means, the applicant claims that these means are insufficient to satisfy that order in full,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

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

On the

day of

19

at

a.m./p.m. for an

order under section 6 (8) (a) of the said Act—

* reducing the amount remaining to be paid

* varying (an) instalments) payable

* directing that no payments/further payments be made under the compensation order.

Dated this

day of

19

.

Signed

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

Applicant/Solicitor for applicant

To

of

The above -named injured party.

*Delete words inapplicable

No. 33. 6

O.33, r.3 (2)

CRIMINAL JUSTICE ACT; 1993

Section 6 (8) (a)

CHILDREN ACT, 1908

Section 99

NOTICE OF APPLICATION FOR AN ORDER—

* REDUCING THE AMOUNT REMAINING TO BE PAID

* VARYING (AN) INSTALMENTS) PAYABLE

* DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE MADE

UNDER A COMPENSATION ORDER (by a parent or guardian)

District Court Area of

District No.

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

Applicant

and

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

Convicted Person

(child/young person)

both of

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

Injured Party

of

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

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named applicant is the *parent *guardian of the said person,

AND WHEREAS on the day of 19 , on conviction of the said person of an offence, THE COURT MADE A COMPENSATION ORDER against the said *parent *guardian under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering him/her to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from * (that offence) *(an offence taken into consideration in determining sentence), and

directing that the said compensation be paid *(in one payment) *(by .................................consecutive *

weekly *monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

AND WHEREAS because of a substantial reduction in his/her means, the said * parent *guardian claims that those means are insufficient to satisfy that order in full,

TAKE NOTICE that the above-named *parent *guardian will apply at the sitting of

the District Court to be held at

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

on the

day of

19

at a.m./p.m. for an order under section 6 (8) (a) of the said Act of 1993—

* reducing the amount remaining to be paid

* varying (an) instalments) payable

* directing that no payments/further payments be made under the compensation order.

Dated this

day of

19

.

Signed

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

Applicant/Solicitor for applicant

To

of

The above-named injured party.

*Delete words inapplicable.

No. 33.7

O.33, r.3 (2)

CRIMINAL JUSTICE ACT, 1993

Section 6 (8) (a)

ORDER

* REDUCING THE AMOUNT REMAINING TO BE PAID

* VARYING (AN) INSTALMENTS) PAYABLE

* DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE MADE UNDER A COMPENSATION ORDER

District Court Area of

District No.

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

Applicant

of

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

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

Injured Party

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

of

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

WHEREAS ON CONVICTION of the above-named applicant (hereinafter referred to as the "convicted person") on the day of 19 of an offence,

THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering the convicted person to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and

directing that the said compensation be paid *(in one payment) *(by ......................................... consecutive

*weekly *monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

NOW THE COURT, on the application of the convicted person for an order under section 6 (8) (a) of the said Act, of 1993,

being satisfied that notice of the application was duly served upon the injured party, having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the injured party), and it appearing that, because of a substantial reduction in the means of the convicted person, his/her means are insufficient to satisfy that order in full,

HEREBY ORDERS pursuant to section 6 (8) (a) of the Act

*(that the amount of compensation remaining to be paid by the convicted person to the injured party under that compensation order be reduced from £ to £ ,)

(that the instalments payable by the convicted person as compensation to the injured party under the compensation order be varied as follows:

,)

*(that no payments/further payments be made by the convicted person as compensation to the injured party under the compensation order.)

*(AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk

District Court Office

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

for transmission to the injured party.)

Dated this

day of

19

.

Signed

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

Judge of the District Court

*Delete words inapplicable

No. 33.8

O.33, r.3 (3)

CRIMINAL JUSTICE ACT, 1993

Section 6 (8) (a)

ORDER

* REDUCING THE AMOUNT REMAINING TO BE PAID

* VARYING (AN) INSTALMENTS) PAYABLE

* DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE

MADE UNDER A COMPENSATION ORDER (by a parent or guardian)

District Court Area of

District No.

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

Applicant

and

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

Convicted Person

(child/young person)

both of

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

Injured Party

of

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

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named applicant is the *parent *guardian of the said person, AND

WHEREAS ON CONVICTION of the said person on the day of 19 of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering the said *parent *guardian to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing

that the said compensation be paid *(in one payment) *(by ........................................... consecutive *weekly

*monthly instalment of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

NOW THE COURT on the application of the said *parent *guardian for an order under section 6 (8) (a) of the said Act of 1993,

being satisfied that notice of the application was duly served upon the injured party, having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the injured party,) and it appearing that, because of a substantial reduction in the means of the said *parent *guardian, his/her means are insufficient to satisfy that order in full,

HEREBY ORDERS pursuant to section 6 (8) (a) of the said Act of 1993 and section 99 of the said Act of 1908

*(that the amount of compensation remaining to be paid by the said *parent *guardian to the injured party under that compensation order be reduced from £ to £ ,)

*(that the instalments payable by the said *parent *guardian as compensation to the injured party under the compensation order be varied as follows:—

.)

*(that no payments/further payments be made by the said *parent *guardian as compensation to the injured party under the compensation order.)

*(AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk,

District Court Office,

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

for transmission to the injured party.)

Dated this

day of

19

.

Signed

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

Judge of the District Court

*Delete words inapplicable

No. 33.9

O.33, r.4 (2)

CRIMINAL JUSTICE ACT, 1993

Section 6 (8) (b)

NOTICE OF APPLICATION FOR AN ORDER INCREASING—

* THE AMOUNT TO BE PAID

* THE AMOUNT OF (AN) INSTALMENTS) PAYABLE

* THE NUMBER OF INSTALMENTS PAYABLE UNDER A COMPENSATION ORDER

District Court Area of

District No.

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

Applicant and

Injured Party

of

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

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

Convicted Person

of

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

WHEREAS on the day of 19 , on conviction of the above-named convicted person of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering that person to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining

sentence), and directing that the said compensation be paid *(in one payment) *(by .....................................

consecutive *weekly *monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

AND WHEREAS, because of a substantial increase in the means of the convicted person, the injured party claims that those means are sufficient for the purposes of the order sought herein,

TAKE NOTICE that the injured party will apply at the sitting of the District Court

to be held at

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

on the

day of

19

at a.m./p.m. for an order under section 6 (8) (b) of the Act increasing—

*the amount to be paid

*the amount of (an) instalments) payable

*the number of instalments payable under the said compensation order.

Dated this

day of

19

.

Signed

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

Applicant/Solicitor for applicant

To

of

The above-named convicted person

*Delete words inapplicable

No. 33.10

O.33, r.4 (2)

CRIMINAL JUSTICE ACT, 1993

Section 6 (8) (b)

CHILDREN ACT, 1908

Section 99

NOTICE OF APPLICATION FOR AN ORDER INCREASING

* THE AMOUNT TO BE PAID

* THE AMOUNT OF (AN) INSTALMENTS) PAYABLE

* THE NUMBER OF INSTALMENTS PAYABLE UNDER A COMPENSATION ORDER (by a parent or guardian)

District Court Area of

District No.

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

Applicant and Injured Party

of .................................................................................................................................................

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

Convicted Person

(child/young person)

and

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

Parent/Guardian and Respondent

both of

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

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named respondent is the *parent *guardian of the said person,

AND WHEREAS on the day of 19 , on conviction of the said person of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering the said *parent *guardian to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing

that the said compensation be paid *(in one payment) *(by .....................................consecutive *weekly

*monthly instalments of each and a final balance of , the first of such instalments to be paid on the day of 19 ,)

AND WHEREAS, because of a substantial increase in the means of the said *parent *guardian, the injured party claims that those means are sufficient for the purposes of the order sought herein,

TAKE NOTICE that the injured party will apply at the sitting of the District Court

to be held at

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

on the

day of

19

At

a.m./p.m

for an order under section 6 (8) (b) of the said Act of 1993 increasing-

*the amount to be paid

*the amount of (an) instalments) payable

*the number of instalments payable

under the said compensation order.

Dated this

day of

19

.

Signed

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

Applicant/Solicitor for applicant

To

of

The above-named *parent *guardian

*Delete words inapplicable

No. 33.11

O.33, r.4 (2)

CRIMINAL JUSTICE ACT, 1993

Section 6 (8) (b)

ORDER INCREASING—

* THE AMOUNT TO BE PAID

* THE AMOUNT OF (AN) INSTALMENTS) PAYABLE

* THE NUMBER OF INSTALMENTS PAYABLEUNDER A COMPENSATION ORDER

District Court Area of

District No.

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

Applicant and Injured Party

of ......................................................................................................................................................

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

Convicted Person and Respondent

of

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

WHEREAS ON CONVICTION of the above-named respondent (hereinafter referred to as the "convicted person") on the day of 19 of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering the convicted person to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining

sentence), and directing that such compensation be paid *(in one payment) *(by...........................................

consecutive *weekly *monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

NOW THE COURT, on the application of the injured party for an order under section 6 (8) (b) of the Act,

being satisfied that notice of the application was duly served upon the convicted person, having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the convicted person on the issue,) and

it appearing that—

because of a substantial increase in the means of the convicted person, his/her means are sufficient for the purposes of this order, and

any increased amount to be paid under this order would not exceed

*(the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,)

*(the amount prescribed for the time being by law as the limit of the Court's jurisdiction in tort, that is to say, £ ,)

[whichever is the lesser]

HEREBY ORDERS pursuant to section 6 (8) (b) of the Act—

*(that the amount of compensation ordered to be paid by the convicted person to the injured party under the said compensation order be increased from £ to £ ,)

*(that the amount/number of the instalments payable by the convicted person to the injured party under the said compensation order be increased as follows:

AND DIRECTS that all payments made uner this order shall be made to

District Court Clerk,

District Court Office,

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

for transmission to the injured party.

Dated this

day of

19

.

Signed

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

Judge of the District Court

*Delete words inapplicable

No. 33.12

O.33, r.4 (3)

CRIMINAL JUSTICE ACT, 1993

Section 6 (8) (b)

CHILDREN ACT, 1908

Section 99

ORDER INCREASING —

* THE AMOUNT TO BE PAID

* THE AMOUNT OF (AN) INSTALMENTS) PAYABLE

* THE NUMBER OF INSTALMENTS PAYABLE UNDER A COMPENSATION ORDER (by a parent or guardian)

District Court Area of

District No.

......................................................................................................,.............................................

Applicant and Injured Party

of ...............................................................................................................................................

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

Convicted Person

(child/young person)

and

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

Parent/Guardian and Respondent

both of

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

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named respondent is the *parent *guardian of the said person, AND

WHEREAS ON CONVICTION of the said person on the day of 19 f an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering the said *parent *guardian to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence) and directing

that such compensation be paid *(in one payment) *(by ........................................ consecutive *weekly

*monthly instalments of £ each and a final balance of £ , the first of such instalments to be paid on the day of 19 ,)

NOW THE COURT, on the application of the injured party for an order under section 6 (8) (b) of the said Act of 1993,

being satisfied that notice of the application was duly served upon the said *parent *guardian having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the *parent *guardian, on the issue,) and

it appearing that—

because of a substantial increase in the means of the *parent *guardian, his/her means are sufficient for the purposes of this order, and

any increased amount to be paid under this order would not exceed

*(the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,)

*(the amount prescribed for the time being by law as the limit of the Court's jurisdiction in tort, that is to say £ ,)

[whichever is lesser]

HEREBY ORDERS pursuant to section 6 (8) (b) of the said Act of 1993 and section 99 of the said Act of 1908—

*(that the amount of compensation ordered to be paid by the said *parent *guardian to the injured party under the said compensation order be increased from £ to £ ,)

*(that the amount/number of the instalments payable by the said *parent *guardian to the injured party under the said compensation order be increased as follows:-

,)

AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk,

District Court Office,

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

for transmission to the injured party.

Dated this

day of

19

.

Signed

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

Judge of the District Court

*Delete words inapplicable

No. 33.13

O.33, r.7

CRIMINAL JUSTICE ACT, 1993

Section 9

ORDER FOR REPAYMENT OF EXCESS AMOUNT PAID UNDER A

COMPENSATION ORDER (order in civil proceedings)

District Court Area of

District No.

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

Plaintiff

of

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

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

Defendant

of

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

WHEREAS in the above-named civil proceedings now before the Court, brought by the above-named plaintiff seeking damages against the above-named defendant in respect of *personal injury *loss suffered by the plaintiff resulting from the following offence committed by the defendant, that is to say,—

THE COURT HAS ASSESSED the damages that the plaintiff would be entitled to recover in respect of the said *injury *loss at £ ,

AND IT APPEARING to the Court—

that on the day of 19 a compensation order under section 6 (1) of the above-mentioned Act was made against the defendant in respect of the said *injury

*loss by the ..........................................................................................................................................Court, and

that the defendant has paid the sum of £ as compensation to the plaintiff in compliance with the terms of the order,

NOW THE COURT, being satisfied that the amount paid by the defendant to the plaintiff under that order exceeds the amount of the damages as assessed in these civil proceedings,

HEREBY ORDERS that the amount of the excess, that is to say, the sum of £ , be repaid by the plaintiff to the defendant,

AND COMMANDS all sheriffs and county registrars to take in execution the goods of the plaintiff to satisfy the said last-mentioned sum.

Dated this

day of

19

.

Signed

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

Judge of the District Court

*Delete words inapplicable

No. 34.1

O.34, r.1 (2)

LARCENY ACT, 1916

Section 42 (1)

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION OF

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

of

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

who says on oath-

I am a member of the Garda Síochána.

I believe that a person, namely,

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

of

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

has

*(in his/her custody or possession)

*(on his/her premises)

at

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

, in court (area and)

district aforesaid, the following property:—

with respect to which an offence against the Larceny Act, 1916 has been committed.

The cause for such belief is as follows:—

and I hereby apply for the grant of a warrant pursuant to section 42 (1) of the said Act to search for and seize such property.

Dated this

day of

19

.

Signed

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

Informant

SWORN before me this

day of

19

.

at

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

Dated this

day of

19

.

Signed

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

Judge of the District Court

(or) Peace Commissioner

*Delete words inapplicable.

No. 34.2

O.34, r.1 (3)

LARCENY ACT, 1916

Section 42 (1)

SEARCH WARRANT

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me, *(a Judge of the District Court,) *(a Peace Commissioner,) on this day pursuant to section 42 (1)

of the above-mentioned Act by

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

of

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

, a member of the

Garda Síochána,

IT APPEARS that there is reasonable cause to believe that a person, namely,

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

of

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

has

*(in his/her custody or possession)

*(on his/her premises)

at

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

, in court (area and) district aforesaid the following

property:—

with respect to which an offence against the Larceny Act, 1916 has been committed,

I HEREBY GRANT, pursuant to section 42 (1) of the said Act, this warrant authorising

of.

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

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

a member of the Garda Síochána, to search for and seize the said property.

Dated this

day of

19

.

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

To Superintendent of the Garda Síochána,

at

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

*Delete words inapplicable.

No. 34.3

O.34, r.2 (2)

NATIONAL MONUMENTS (AMENDMENT) ACT, 1987

Section 22

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

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

of

..............................................................................................................................................................................,

who says on oath—

I am a member of the Garda Síochána and I am investigating an alleged offence under the National Monuments Acts, 1930 to 1987.

I believe that evidence relating to the commission of such offence is to be found in the

*

at

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

in court (area and) district aforesaid.

The basis for my so believing is as follows:—

And I hereby apply for the issue to me of a search warrant in relation to such place pursuant to section 22 of the said Act.

Dated this

day of

19

.

Signed

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

Informant

SWORN before me this

day of

19

at

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

Dated this

day of

19

.

Signed

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

Judge of the District Court

*State place as described in Sec. 22 (1) of the Act.

No. 34.4

O.34, r.2 (3)

NATIONAL MONUMENTS (AMENDMENT) ACT, 1987

Section 22

SEARCH WARRANT

District Court Area of

District No.

WHEREAS by the information on oath and in writing sworn before me on this day

pursuant to section 22 of the above-mentioned Act by

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

of

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

, a member of the Garda Síochána,

I AM SATISFIED that there are reasonable grounds for believing that evidence relating to the commission of an offence under the National Monuments Acts, 1930 to 1987 is to be found in the*

at

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

, in court (area and) district aforesaid,

THIS IS TO AUTHORISE

.............................................................................................................................,

of

...................................................................................................................................................................................,

the said member of the Garda Síochána, accompanied by any other members of the Garda Síochána, TO ENTER, within one week from the date of this warrant, and if

necessary by the use of force, the said *

..........................................................................................................,

at

...................................................................................................................................................................................,

in court (area and) district aforesaid, AND TO SEARCH it and any person found there, AND TO SEIZE anything found there or on any such person that may be such evidence as aforesaid.

Dated this

day of

19

.

Signed

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

Judge of the District Court

To the Superintendent of the Garda Síochána,

at

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

*State place as described in Sec. 22 (1) of the Act.

No. 34.5

O.34, r. 3 (2)

PROHIBITION OF INCITEMENT TO HATRED ACT, 1989

Section 9

INFORMATION FOR ISSUE OF WARRANT

(in relation to material or a recording - sec. 4)

District Court Area of

District No.

THE INFORMATION of

................................................................................................................................,

of

...............................................................................................................................................................................,

who says on oath—

I am a member of the Garda Síochána not below the rank of sergeant.

I believe that there are reasonable grounds for suspecting that *material *a recording the possession of which would be in contravention of section 4 of the above-mentioned Act is *[in the premises (within the meaning of section 9 (3) of the said Act), that is to

say, in the

..................................................]

*(at a place, that is to say,

..................................................)

at

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

in the court (area and) district aforesaid.

The basis for my so believing is as follows:—

and I hereby apply for the issue of a warrant under section 9 of the said Act in respect of the said *premises *place.

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

*Delete words inapplicable.

No. 34.6

O.34, r.3 (2)

PROHIBITION OF INCITEMENT TO HATRED ACT, 1989

Section 9

INFORMATION FOR ISSUE OF WARRANT

(in relation to a *script * recording referred to in section 3 (8))

District Court Area of

District No.

THE INFORMATION of

.................................................................................................................................,

of

....................................................................................................................................................................................,

who says on oath—

1. I am a member of the Garda Síochána not below the rank of sergeant.

2. I believe that there are reasonable grounds for suspecting that a *script *recording referred to in section 3 (8) of the above-mentioned Act is *[in the premises (within

the meaning of section 9 (3) of the said Act) that is to say, in the

..........................................]

*(at a place, that is to say,

.............................................................................................) at,

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

in the court (area and)

district aforesaid.

3. The basis for my so believing is as follows:—

*[4. I say that on the day of 19 , on the authority of an order in

writing made by Superintendent

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

of the Garda Síochána under section 3 (8) (a) of the said Act, I required one,

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

, under subparagraph (I) of the said section 3 (8) (a) to

produce, if such a thing existed, a *script *recording referred to in section 3 (8) of the said Act,

( a ) and that such requirement was not complied with

( b ) and that when the *script *recording was produced to me I required that person, under subparagraph (II) of the said section 3 (8) (a), to afford me an opportunity of causing a copy thereof to be made, and that such latter requirement was not complied with.]

*[5. I say that a requirement specified in *(subparagraph (I)) *(subparagraph (II)) of section 3 (8) (a) of the said Act was not made in relation to the said *script *recording for the following reason(s):—

.]

6. I hereby apply for the issue of a warrant under section 9 of the said Act in respect of the said *premises *place.

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

*Delete where inapplicable.

No. 34.7

O.34, r.3 (3)

PROHIBITION OF INCITEMENT TO HATRED ACT, 1989

Section 9

SEARCH WARRANT

(in relation to material or a recording — sec. 4)

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me, *(a Judge of the District Court,) *(a Peace Commissioner,) on this day pursuant to section 9 of the

above-mentioned Act by

........................................................................................................................................,

of

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

, a member of the Garda Síochána not below the rank

of sergeant, I AM SATISFIED THAT there are reasonable grounds for suspecting that *material *a recording the possession of which would be in contravention of section 4 of the said Act is *in the premises (within the meaning of section 9 (3) of the said Act),

that is to say, in the)

...........................................]

*(at a place, that is to say,

................................)

at

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

in the court (area and) district aforesaid,

THIS IS TO AUTHORISE

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

of

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

, a member of the Garda Síochána,

accompanied by any other members of the Garda Síochána, at any time or times within one month from the date of the issue of this warrant, on production if so requested of this warrant, to enter, if need be by force, and search the said *(premises, that is to say,

the

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

*(place, that is to say,

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

at

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

in

the court (area and) district aforesaid, and to seize any such *material *recording as aforesaid found there, and to require any person found there to give that member his or her name and address.

Dated and issued this

day of

19

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

To the Superintendent of the Garda Síochána,

at

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

*Delete words inapplicable.

No. 34.8

O.34, r.3 (3)

PROHIBITION OF INCITEMENT TO HATRED ACT, 1989

Section 9

SEARCH WARRANT

(in relation to a *script *recording referred to in section 3 (8))

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me, *(a Judge of the District Court,) *(a Peace Commissioner,) on this day pursuant to section 9 of the

above-mentioned Act by

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

of

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

, a member of the Garda Síochána

not below the rank of sergeant, I AM SATISFIED—

that there are reasonable grounds for suspecting that a *script *recording referred to in section 3 (8) of the said Act is *[in the premises (within the meaning of section 9

(3) of the said Act) that is to say, in the

]

*(at a place, that is to say,

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

at

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

in the court (area and) district aforesaid,

*(that a requirement specified in subparagraph (I) of section 3 (8) (a) of the said Act was made in relation to that *script *recording and was not complied with,)

*(that a requirement specified in subparagraph (II) of section 3 (8) (a) of the said Act was made in relation to that *script *recording and was not complied with,)

*(that, in alt the circumstances, it is necessary to issue this warrant notwithstanding that a requirement specified in *(subparagraph (I)) *(subparagraph (II)) of section 3 (8) (a) of the said Act was not made in relation to that *script *recording,)

THIS IS TO AUTHORISE

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

of

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

a member of the Garda Síochána,

accompanied by any other members of the Garda Síochána, at any time or times within one month from the date of the issue of this warrant, on production if so requested of this warrant, TO ENTER, if need be by force, AND SEARCH the said *(premises, that

is to say, the

................................................)

*(place, that is to say,

..................................................)

at in the court (area and) district aforesaid, AND TO SEIZE any such *script *recording as aforesaid found there, AND TO REQUIRE any person found there to give that member his or her name and address.

Dated this

day of

19

.

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

To the Superintendent of the Garda Síochána,

at

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

*Delete where inapplicable.

No. 34.9

O.34, r.4 (2)

VIDEO RECORDINGS ACT, 1989

Section 25

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

.........................................................................................................................................,

of

...................................................................................................................................................................................,

who says on oath—

I am a member of the Garda Síochána not below the rank of sergeant.

I believe that there are reasonable grounds for suspecting that—

( a ) an offence under the above-mentioned Act or an offence referred to in section 16 (2) of that Act has been or is being committed *(on the premises) *(at the place...............................) at....................................................., in the court (area and)

district aforesaid, and

( b ) evidence that the offence has been or is being committed is *(on those premises) *(at that place)

The basis for my so believing is as follows:—

and I hereby apply for the issue of a warrant under section 25 of that Act in respect of the said *premises *place.

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

*Delete words inapplicable.

No. 34.10

O.34, r.4 (3)

VIDEO RECORDINGS ACT, 1989

Section 25

SEARCH WARRANT

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me, *(a Judge of the District Court,) *(a Peace Commissioner,) on this day pursuant to section 25 of

the above-mentioned Act by

.....................................................................................................................................,

of

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

, a member of the Garda Síochána

not below the rank of sergeant, I AM SATISFIED THAT there are reasonable grounds for suspecting that

( a ) an offence under that Act or an offence referred to in section 16 (2) of that Act

has been or is being committed *(on the premises) *(at the place

............................................)

at

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

in the court (area and) district aforesaid, and

( b ) evidence that the offence has been or is being committed is *(on those premises,) *(at that place,)

THIS IS TO AUTHORISE

......................................................................................................................................,

of

........................................................................................................................, a member of the Garda Síochána,

accompanied by any other members of the Garda Síochána, at any time or times within one month from the date of the issue of this warrant, on production if so requested of

this warrant, to enter, if need be by force, and search the *premises *(place

..........................................)

at

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

in the court (area and) district aforesaid and-

(i) to seize anything found there that he/she believes on reasonable grounds may be required to be used in evidence in any proceedings for an offence under that Act or an offence referred to in section 16 (2) of that Act, and

(ii) to require any person found there to give that member his or her name and address.

Dated this

day of

19

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

To the Superintendent of the Garda Síochána,

at

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

*Delete words inapplicable.

No. 34.11

O.34, r.5 (2)

FIREARMS AND OFFENSIVE WEAPONS ACT, 1990

Section 15

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

........................................................................................................,

of

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

who says on oath—

I am a member of the Garda Síochána.

I believe that there are reasonable grounds for suspecting that an offence under section 12 of the above-mentioned Act has been or is being committed on the premises

at

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

in the court (area and) district aforesaid.

The basis for my so believing is as follows:—

and I hereby apply for the issue of a search warrant under section 15 of the said Act in respect of those premises.

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

No. 34.12

O.34, r.5 (3)

FIREARMS AND OFFENSIVE WEAPONS ACT, 1990

Section 15

SEARCH WARRANT

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me, *(a Judge of the District Court,) *(a Peace Commissioner,) on this day pursuant to section 15 of

the above-mentioned Act by

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

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

of

................................................................,

a member of the Garda Síochána I AM SATISFIED THAT there are reasonable grounds for suspecting that an offence under section 12 of the said Act has been or is

being committed on the premises at

.........................................................................................................................,

in the court (area and) district aforesaid,

THIS IS TO AUTHORISE

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

of

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

, a member of the Garda Síochána,

accompanied by such other members of the Garda Síochána as he/she thinks necessary, at any time or times within one month from the date of the issue of this warrant, on production if so requested of this warrant, TO ENTER, if need be by force, AND

SEARCH the premises at

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

in the court (area and) district aforesaid, AND TO SEIZE anything found there that he/she believes on reasonable grounds may be required to be used in evidence in any proceedings for an offence under section 12 of the said Act or an offence under the Customs Acts in relation to the importation into the State of a weapon to which the said section 12 applies.

Dated this

day of

19

at

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

Signed

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

Judge of the District Court

(or) Peace Commissioner

To the Superintendent of the Garda Síochána,

at

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

*Delete words inapplicable.

No. 34.13

O.34,r.6 (2)

BROADCASTING ACT, 1990

Section 14

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION OF

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

of

.................................................................................................................................................................................,

who says on oath—

I am a member of the Garda Síochána

I say that there is reasonable ground for believing that an offence under section 9 or 10 of the above-mentioned Act is taking or has taken place in the place .

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

in the court (area and) district aforesaid.

The basis for such belief is as follows:—

and I hereby apply for the grant of a search warrant under section 14 of that Act in respect of the above-named place.

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

No. 34.14

O.34,r.6 (3)

BROADCASTING ACT, 1990

Section 14

SEARCH WARRANT

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me on this day

pursuant to section 14 of the above-mentioned Act by

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

of

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

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

, a member of the Garda Síochána,

I AM SATISFIED THAT there is reasonable ground for believing that an offence under section 9 or 10 of the said Act is taking or has taken place in the place

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

in the court (area and) district aforesaid,

THIS IS TO AUTHORISE YOU,

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

of

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

, the said member of the Garda Síochána

accompanied and assisted in the exercise of the powers hereby conferred on you by any one or more of the following, namely, any member of the Garda Síochána or any person

authorised by you, TO ENTER, and if need be by force, the said

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

in the court (area and) district aforesaid, and there TO SEARCH FOR equipment to which section 9 (1) (c) or 9 (2) (a) of the said Act relates and TO EXAMINE all such equipment there found and TO SEIZE AND TAKE AWAY all or any part of such equipment.

Dated this

day of

19

.

Signed

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

Judge of the District Court

To the Superintendent of the Garda Síochána,

at

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

No. 34.15

O.34,r.7 (2)

COMPANIES ACT, 1990

Section 20 (1)

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

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

of

........................................................................................................................................................,

who says on oath—

*(I am an officer duly authorised by the Minister for Industry and Commerce to lay this information.)

*(I lay this information under the authority of the Minister for Industry and Commerce.)

I believe that there are reasonable grounds for suspecting that there are on the premises

at

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

in the court (area and) district aforesaid,

*books *documents of which production has been required under section *14 *15 *19 of the above-mentioned Act on the day of 19 and which have not been produced in compliance with that requirement.

The basis for my so believing is as follows:—

and I hereby apply for the issue of a warrant under section 20 (1) of the said Act in respect of those premises.

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

*Delete where inapplicable.

No. 34.16

O.34,r.7 (3)

COMPANIES ACT, 1990

Section 20 (1)

SEARCH WARRANT

District Court Area of

District No.

WHEREAS from the information on oath and in writing under section 20 (1) of the

above-mentioned Act sworn before me on this day by

.......................................................................,

of

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

, *(an officer duly authorised so to do by the Minister for

Industry and Commerce,) *(under the authority of the Minister for Industry and Commerce,) I AM SATISFIED THAT there are reasonable grounds for

suspecting that there are on the premises at

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

in the court (area

and) district aforesaid, *books *documents of which production has been required under section *14 *15 *19 of the said Act on the day of 19 and which have not been produced in compliance with that requirement,

THIS IS TO AUTHORISE

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

of

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

, a member of the Garda Síochána,

together with any other members of the Garda Síochána and

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

of

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

and

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

of

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

pursuant to section 20 (i) of the said Act, to enter the said premises at

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

in the court (area and) district aforesaid, (using such force as is reasonably necessary for the purpose) and to search the premises and take possession of any books or documents appearing to be such books or documents as aforesaid, or to take, in relation to any books or documents so appearing, any other steps which may appear necessary for preserving them and preventing interference with them.

Dated this

day of

19

Signed

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

Judge of the District Court

To the Superintendent of the Garda Síochána,

at

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

NOTE

The above warrant shall continue in force until the end of the period of one month after the date on which it is issued.

*Delete were inapplicable.

No. 34.17

O.34,r.8 (1)

CRIMINAL DAMAGE ACT, 1991

Section 13 (1)

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

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

, a member of the Garda Síochána

of

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

who says on oath:—

I believe that a certain person, namely,

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

has in his/her custody or under his/her control or on his/her premises at

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

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

, in the said court district, a certain thing, namely,

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

and, that it has been used, or is intended for use, without

lawful excuse,

*(to damage property, namely,

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

belonging to another,)

*(to damage property, namely,

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

in a way likely to endanger the life of another or with intent to defraud,)

*(to access, or with intent to access, data,)

The basis for such belief is as follows:—

and I hereby apply for the issue of a search warrant in respect of the said premises under section 13 (2) of the Criminal Damage Act, 1991 .

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

*Delete clauses which do not apply.

No. 34.18

O.34,r.8 (2)

CRIMINAL DAMAGE ACT, 1991

Section 13 (2)

SEARCH WARRANT

District Court Area of

District No.

BEING SATISFIED from the application made, by information on oath and in writing sworn before me on this day, by the under-named member of the Garda Síochána for the issue of a search warrant under section 13 (2) of the above-mentioned Act, that there is reasonable cause to believe that a person has in his/her custody or under his/her control or on his/he under-mentioned premises a certain thing, namely, .......................................

and that it has been used, or is intended for use, without lawful excuse,

*(to damage property (other than data), namely,...................................................................................

belonging to another,)

*(to damage property (other than data), namely, ...................................................................................

in a way likely to endanger the life of another or with intent to defraud,)

I HEREBY AUTHORISE ...................................................................................................................,

a member of the Garda Síochána, of .........................................................................................................,

accompanied by such other members of the Garda Síochána as may be necessary, at any time or times within one month of the date hereof, TO ENTER, if need be by force, the

premises situated at ..............................................................................................................................

in the said court district, TO SEARCH the premises and any persons found therein, and TO SEIZE AND DETAIN anything which he/she believes to have been used or to be intended for use as aforesaid.

Dated this

day of

19

Signed

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

Judge of the District Court

To Superintendent of the Garda Síochána,

at

*Delete clause which does not apply

No. 34.19

O.34,r.8 (2)

CRIMINAL DAMAGE ACT, 1991

Section 13 (2)

SEARCH WARRANT

(in relation to data/accessing data)

District Court Area of

District No.

BEING SATISFIED from the application made, by information on oath and in writing sworn before me on this day, by the under-named member of the Garda Síochána for the issue of a search warrant under section 13 (2) of the above-mentioned Act, that there is reasonable cause to believe that a person has in his/her custody or under his/her

control or on his/her under-mentioned premises a certain thing, namely,

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

and that it has been used, or is intended for use, without lawful excuse,

*(to damage property, namely,

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

(data)

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

belonging to another,)

*(to damage property, namely,

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

(data)

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

in a way likely to endanger the life of another or with intent to defraud,)

*(to access, or with intent to access, data,)

I HEREBY AUTHORISE

........................................................................................................,

a member of the Garda Síochána, of

...............................................................................................,

accompanied by such other members of the Garda Síochána as may be necessary, at any time or times within one month of the date hereof, TO ENTER, if need be by force, the

premises situated at

........................................................................................................................,

in the said court district, TO SEARCH the premises and any person found therein, TO SEIZE AND DETAIN anything which he/she believes to have been used or to be intended for use as aforesaid and TO OPERATE or cause to be operated by a person accompanying him/her for that purpose, any equipment in the premises for processing data, INSPECT any data found there and EXTRACT information therefrom, whether by the operation of such equipment or otherwise.

Dated this

day of

19

Signed

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

Judge of the District Court

To the Superintendent of the Garda Síochána,

at

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

*Delete clauses which do not apply

No. 34.20

O.34,r.9 (2)

CRIMINAL LAW (SEXUAL OFFENCES) ACT, 1993

Section 10 (2)

District Court Area of

District No.

INFORMATION

THE INFORMATION OF

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

of

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

who says on oath:—

I am a member of the Garda Síochána not below the rank of sergeant.

I say that I have reasonable grounds for suspecting that *(part of)

the premises situated at

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

in the said court district, *(namely,

....................................................................................................)

is used by a person, namely,

...............................................................................................................,

for the purposes of prostitution, and that a person, namely,

.........................................................,

........................................................................................,

residing in/frequenting *(that part of)

the said premises, is living in whole or in part on the earnings of the prostitution of another person,

The basis for my so suspecting is as follows-

and I hereby apply for the issue of a warrant pursuant to section 10 (2) of the above-mention Act to search the said premises and arrest the said last-mentioned person

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

Signed

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

Informant

SWORN before me this

day of

19

at

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

Signed

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

Judge of the District Court

*Delete words inapplicable

No. 34.21

O.34,r.9 (3)

CRIMINAL LAW (SEXUAL OFFENCES) ACT, 1993

WARRANT UNDER SECTION 10 (2)

District Court area of

District No.

BEING SATISFIED on the information on oath and in writing of

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

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

of

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

a member of the Garda Síochána not below the rank of sergeant, sworn before me on this day, that there are reasonable grounds for suspecting

that *(part of) the premises situated at

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

in the said court district, *(namely,

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

is used by a person, namely,

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

for the purposes of prostitution, and that a person, namely,

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

................................................................................................,

residing in/frequenting *(that part of)

the said premises, is living in whole or in part on the earnings of the prostitution of another person,

I HEREBY ISSUE this warrant authorising

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

of

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

a member of the Garda

Síochána, accompanied by other members of the Garda Síochána, at any time or times within one month from the date of the issue of this warrant, on production if so requested of this warrant, to enter, if need be by force, and search the said premises at.

in the said court district, and arrest the said last-mentioned person

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

...........................................................................................................................,

pursuant to section 10 (2) of the

above-mentioned Act.

Dated this

day of

19

.

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

Judge of the District Court

To the Superintendent of the Garda Síochána,

at

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

*Delete words inapplicable

No. 34.22

O.34,r.10 (2)

CRIMINAL LAW AMENDMENT ACT, 1935

Section 19

District Court Area of

District No.

INFORMATION

THE INFORMATION OF

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

of

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

who says on oath:-

I am a member of the Garda Síochána not below the rank of sergeant.

I say that I have reasonable ground for suspecting that the premises

situated at

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

in the said district court area, is a brothel.

The basis for so suspecting is as follows—

and I hereby apply to you, a Judge of the District Court now exercising jurisdiction in respect of the said district court area, for the issue of a search warrant in respect of the said premises pursuant to section 19 of the above-mentioned Act.

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

Informant

SWORN before me this

day of

19

.

at

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

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

Judge of the District Court

assigned to said district court

district

No. 34.23

O.34,r.10 (3)

CRIMINAL LAW AMENDMENT ACT, 1935

Section 19

SEARCH WARRANT

District Court Area of

District No.

BEING SATISFIED by the information on oath and in writing sworn before me, a Judge of the District Court exercising jurisdiction in respect of the said

district court area, on this day by

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

of

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

a member of the Garda Síochána

not below the rank of sergeant, that there is reasonable ground for suspecting

that the premises situated at

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

in the said district court area, is a brothel,

I HEREBY ISSUE this search warrant pursuant to section 19 of the above-mentioned.

Act authorising

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

of

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

a member of the Garda Síochána not below the rank of sergeant, accompanied and assisted in the inspection and search herein authorised by such other members of the Garda Síochána (of whatever rank) as he or she may think proper, to enter (if need be.

by force) the said premises situated at

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

.......................................................................................................................,

in the said district court area, at any

time within one month from the date of the issue of this warrant and to inspect and search the said premises and to demand of every person found in the said premises during such inspection and search his or her name and address.

Dated this

day of

19

.

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

Judge of the District Court assigned

to the said district court district

To the Superintendent of the Garda Síochána,

at

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

No. 35.1

0.35 r.1 (2)

COURTS ACT, 1971

Section 14

CERTIFIED COPY OF ORDER

(Summary Offence)

District Court Area of

District No.

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

Prosecutor

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

Accused

At the sitting of the Court at

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

in court area and district aforesaid on the day of

19 , a complaint was heard and determined that the above-named

accused of

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

(in court area and district aforesaid),

on the day of 19 ,

at

..........................................................................................................................................................

† (in court area and district aforesaid) did*

† contrary to

AND WHEREAS the accused was convicted of the said offence.

IT WAS ORDERED AS FOLLOWS:

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

I certify that the above is a true copy of the original, which is in my custody.

Dated this

day of

19

.

Signed..................................................................

Clerk of the District Court

† Delete where inapplicable

* Set out offence as in summons or charge sheet

No. 35.2

0.35, r.1 (2)

COURTS ACT, 1971

Section 14

CERTIFIED COPY OF ORDER

(minor offence)

District Court Area of

District No.

..................................................................................................................................................................

Prosecutor

..................................................................................................................................................................

Accused

At the sitting of the Court at

...........................................................................................................

in court area and district aforesaid on the day of 19 , a complaint

was heard and determined that the above-named accused of

.......................................................

† (in the court area and district aforesaid), on the day of 19 ,

at

...................................................................................................................................................

† (in court area and district aforesaid) did*

† contrary to

AND the offence being a scheduled offence within the meaning of the Criminal Justice Act, 1951 , as amended by the Criminal Procedure Act, 1967 ;

AND the Court being of opinion that the facts alleged constituted a minor offence fit to be tried summarily and the accused, on being informed by the Court of his/her right to be tried with a jury, did not object to being tried summarily;

AND WHEREAS the accused was convicted of the said offence.

IT WAS ORDERED AS FOLLOWS:

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

I certify that the above is a true copy of the original, which is in my custody.

Dated this

day of

19

.

Signed..................................................................

Clerk of the District Court

† Delete where inapplicable

* Set out offence as in summons or charge sheet

No. 35.3

0.35, r.1 (2)

COURTS ACT, 1971

Section 14

CERTIFIED COPY OF ORDER

(accused pleading guilty and the Director of Public Prosecutions consenting to summary trial)

District Court Area of

District No.

.................................................................................................................................................................

Prosecutor

.................................................................................................................................................................

Accused

At the sitting of the Court at

........................................................................................................................

in court area and district aforesaid on the day of 19 , a complaint was

heard and determined that the above-named accused of

..........................................................................

† (in the court area and district aforesaid), on the day of 19 , at

.......................................................................................................................................................................................

† (in court area and district aforesaid) did*

† contrary to

AND the offence being an offence to which section 13 of the Criminal Procedure Act, 1967 , applies;

AND the Court having ascertained that the accused wished to plead guilty and the Court being satisfied that the accused understood the nature of the offence and the facts alleged and the Director of Public Prosecutions having consented to the offence being dealt with summarily;

AND WHEREAS the accused was convicted of the said offence,

IT WAS ORDERED AS FOLLOWS:

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

I certify that the above is a true copy of the original, which is in my custody.

Dated this

day of

19

.

Signed ..................................................................

Clerk of the District Court

† Delete where inapplicable

* Set out offence as in summons or charge sheet

No. 35.4

0.35, r.1 (2)

COURTS ACT, 1971

Section 14

CERTIFIED COPY OF ORDER

(minor offence requiring consent of the Director of Public Prosecutions to summary trial)

District Court Area of

District No.

................................................................................................................................................................

Prosecutor

................................................................................................................................................................

Accused

At the sitting of the Court at

..................................................................................................

in court area and district aforesaid on the day of 19 , a complaint

was heard and determined that the above-named accused of

...............................................................

† (in the court area and district aforesaid), on the day of 19 ,

at

.................................................................................................................................................................

† (in court area and district aforesaid) did*

† contrary to

AND the offence being a scheduled offence within the meaning of the Criminal Justice Act, 1951 , as amended by the Criminal Procedure Act, 1967 ;

AND the Court being of opinion that the facts alleged constituted a minor offence fit to be tried summarily and the accused, on being informed by the Court of his/her right to be tried with a jury, did not object to 'being tried summarily;

AND WHEREAS the Director of Public Prosecutions consented to summary trial;

AND WHEREAS the accused was convicted of the said offence,

IT WAS ORDERED AS FOLLOWS:

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

I certify that the above is a true copy of the original, which is in my custody.

Dated this

day of

19

.

Signed ..................................................................

Clerk of the District Court

† Delete where inapplicable

* Set out offence as in summons or charge sheet

No. 37.1

0.37, r.1

SUMMONS TO CHILD OR YOUNG PERSON, OR TO PARENT

OR GUARDIAN, OR TO BOTH

District Court Area of

District No.

E. F. of

..........................................................................................................................................................

Prosecutor

[A. B. of

.....................................................................................................................................................

and]

C. D. of

.....................................................................................................................................................

Accused

Information has been laid this day by

(or complaint has been this day made by

)

for that (you) A. B., being a child (or young person under 17), on the day of , 19 , at

in the aforesaid, did

And Information has further been laid by

(or complaint has been this day made by

)

for that you C. D., are the parent (or guardian) of the said child or young person.

You are therefore (each of you) hereby summoned to appear before the District Court

at

on the day of , 19 , at the hour of in the noon, to answer to the said information (or), (complaints),

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

To

of

To

of

No. 37.2

0.37, r.1

SUMMONS FOR ATTENDANCE OF PARENT, & c., OF YOUNG PERSON

OR CHILD

District Court Area of

District No.

E. F. of

...............................................................................................................................................

Prosecutor

C. D. of

...........................................................................................................................................

Accused

Whereas A. B., a child (or young person) within the meaning of the Children Acts, 1908 to 1989, of whom you are stated to be the father (or parent or guardian having the possession and control of such child) (or young person) is charged for that (here set forth the offence charged).

(or)

Whereas application is made for an order for the committal to a Certified Industrial School of one A. B., a child under the age of 15 years, of whom you are stated to be the father (or) parent (or) (guardian having the possession and control of such child).

You are therefore hereby summoned to attend before the District Court at on the day of 19 , at the hour of in the noon and during all the proceedings of the case.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

(or) District Court Clerk

To

of

No. 37.3

0.37, r.1

COMMITMENT TO PLACE OF DETENTION ON REMAND

District Court Area of

District No.

C. D.,

.................................................................................................................................................

Prosecutor

A. B.,

.............................................................................................................................................

Accused

To the Superintendent of the Garda Síochána at

.............................................................................

and his/her Assistants, and all other Peace Officers of the said District No.

.......................................

and

to the Occupier of the Place of Detention at

...............................................................................................

A. B., hereinafter called the accused, being a child (or young person under 17), being brought before the Court of Summary Jurisdiction sitting at , charged with having

the hearing of the case being adjourned until the day of 19 , at o'clock in the noon.

You, the said Superintendent, are therefore hereby commanded to convey the accused to the said place of detention, and there to deliver him/her to the Occupier thereof, together with this warrant, and you, the Occupier of the said place of detention, to receive the accused into your custody and keep him/her until the day of 19 , and on that day you the said Members of the Garda Síochána are required to convey him/her before the District Court at at the hour of in the noon, to be further dealt with according to law.

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

No. 37.4

0.37, r.1

COMMITMENT TO PLACE OF DETENTION PENDING TRIAL

District Court Area of

District No.

C. D.,

...............................................................................................................................................

Prosecutor

A. B.,

...........................................................................................................................................

Accused

To the Superintendent of the Garda Síochána at

.............................................................................

and his/her Assistants, and all other Peace Officers of the said District No.

.......................................

and

to the Occupier of the Place of Detention at

...............................................................................................

A. B., hereinafter called the accused, being a child (or young person under 17), being brought before the District Court at , charged with having

The accused being committed for trial:

You, the said Superintendent, are therefore hereby commanded to convey the accused to the said place of detention, and there to deliver him/her to the Occupier thereof, together with this warrant, and you, the occupier of the said place of detention, to receive the accused into your custody, and keep him/her until the next sitting of the Circuit Court, when you the said Members of the Garda Síochána are required to convey him/her before such Court to be further dealt with according to law.

Dated this

day of

19

.

Signed.................................................................

Judge of the District Court

No. 37.5

0.37, r.1

CONVICTION (COMMITMENT TO PLACE OF DETENTION)

District Court Area of

District No.

E. F.,

.............................................................................................................................................

Prosecutor

A. B., and C. D.,

...........................................................................................................................

Accused

A. B., hereinafter called the accused, being above the age of seven years and a child, (or) being a young person within the meaning of the Children Acts, 1908 to 1989, is this day convicted for that he/she, on the day of 19 , at within the aforesaid did

(If detention is ordered:-

And the Court being satisfied that none of the other methods in which the case may legally be dealt with is suitable, it is ordered that the accused, for the said offence, be committed to custody in the place of detention at and there kept for the space of

(If costs are ordered to be paid by a young person, add:-

And it is ordered that the accused pay to the sum of £ for costs (by instalments of £ for every days, the first instalment to be paid) forthwith (or) on the day of 19:

And in default of payment it is ordered that the sum due be Levied by distress and sale of the accused's goods, and in default of sufficient distress that the accused be committed to custody in the said place of detention for the space of commencing at the termination of the period of detention before adjudged unless the said sum (and all costs and charges of the said distress) be sooner paid.

(In other cases where costs are ordered, add:-

And it is ordered that C,D., the parent (or guardian) of the accused pay to the sum of £ for costs (by instalments of for every days, the first instalment to be paid) forthwith (or, on the day of ):

And in default of payment it is ordered that the sums due be levied by distress and sale of the said C. D.'s goods, and in default of sufficient distress that the said C. D., be imprisoned in the Prison at and there kept for the space of unless the said sums (and all costs and charges of the said distress) be sooner paid.

(Where security for good behaviour is required, add:-

And it is further ordered that C. D. the parent (or guardian) of the said accused, do forthwith to the satisfaction of this Court give security in the sum of £ for the good behaviour of the said accused for the term of now next ensuing).

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

No. 37.6

0.37,r.1

CONVICTION OF CHILD FOR INDICTABLE OFFENCE

District Court Area of

District No.

C. D.,

..................................................................................................................................................

Prosecutor

A. B.,

..............................................................................................................................................

Accused

A. B., hereinafter called the accused, being a child within the meaning of the Children Acts, 1908 to 1989, and above the age of seven years, is this day convicted (without objection of the parent or guardian, who, though informed by the court of his/her right to have the child tried by a jury, did not object to the child being dealt with summarily) for that he/she on the day of 19 at , in the aforesaid, did

And it is adjudged that (proceed as in other forms of conviction);

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

No. 37.7

0.37,r.1

CONVICTION OF YOUNG PERSON (BY CONSENT) FOR INDICTABLE OFFENCE

District Court Area of

District No.

C. D.,

..................................................................................................................................................

Prosecutor

A. B.,

..............................................................................................................................................

Accused

A. B., hereinafter called the accused, being a young person within the meaning of the Children Acts, 1908 to 1989, is this day charged for that he/she on the day of 19 , at

in the aforesaid, did

The accused, having being informed of his/her right to be tried by a jury, and having consented to be dealt with summarily, is convicted of the said offence:

And it is adjudged that (proceed as in other forms of conviction).

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

No. 37.8

0.37, r.1

ORDER ON PARENT OR GUARDIAN TO PAY DAMAGES OR COSTS WHERE A CHILD OR YOUNG PERSON IS NOT CONVICTED

District Court Area of

District No.

E. F.,

............................................................................................................................................

Prosecutor

A. B., and C. D.,

..............................................................................................................................

Accused

Whereas A. B., hereinafter called the accused, being a child (or young person) within the meaning of the Children Acts, 1908 to 1989, has been this day charged for that he/she, on the day of , 19 , at within the aforesaid, did

And whereas the Court is of opinion that the charge is proved, but does not proceed to a conviction of the child (or young person).*

It is ordered that C. D., the parent (or guardian) of the accused do pay the sum of £ for damages and £ for costs (by instalments of £ for every days, the first instalment to be paid) forthwith (or) on the day of , 19

And in default of payment it is ordered that (the sums due under this Order be levied by distress and sale of the said parent's (guardian's) goods, and in default of sufficient distress that) the said parent (guardian) be imprisoned in the Prison at and there kept for the space of unless the said sums (and all costs and charges of the said distress) be sooner paid.

(Where security for good behaviour is required, add:-

And it is further ordered that the said C. D., do forthwith to the satisfaction of (this Court) give security in the sum of £ for the good behaviour of the said accused for the term of now next ensuing.)

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

* See section 99 (3) of the Act of 1908

No. 37.9

0.37,r.1

ORDER FOR DETENTION IN REFORMATORY SCHOOL

District Court Area of

District No.

E. F.,

...............................................................................................................................................

Prosecutor

A. B., and C. D.,

..............................................................................................................................

Accused

Before the District Court at

within the

District Court area aforesaid

A. B., of , hereinafter called the accused, who appears to the said Court to be twelve years of age or upwards, but less than 17 years of age, to wit, of the age of years, having been born, so far as has been ascertained, on the day of 19 , and who resides at in the county (or county borough) of , is this day convicted (he being above the age of 15, but under the age of 17, and, though informed by the Court of his right to be tried by a jury, having consented to be dealt with summarily, (or being of the age of 12 years but under the age of 15 years, without objection of his/her parent or guardian who, though informed by the Court of his/her right to have the child tried by a jury, did not object to the child being dealt with summarily) for that he, on the day of 19 , at within the aforesaid did (here state the offence).

And it is ordered in pursuance of the Children Acts 1908 to 1989, that the accused (whose religious persuasion appears to the Court to be ) be sent to the Certified Reformatory School at in the county (or borough) of , being a school (not) conducted in accordance with the doctrines of the Catholic Church, the Managers whereof are willing to receive him (or to some certified reformatory school to be hereafter named in this behalf), and to be there detained until he shall have attained the age of years (or for the period of commencing from and after the day of , 19 ) (or this day) (or the date of his reception therein)*, and it is further ordered that the said accused be taken to the place of detention at (or to the custody of a fit person who is willing to receive him), and to be (there) (by him) detained until he is sent to a Certified Reformatory School in pursuance of this order, or is otherwise discharged in due course of law.

And it is further ordered that C. D., residing at the (parent of) (person legally liable to maintain) the said A. B., shall pay to the Inspector of Reformatory and Industrial Schools a weekly sum of £ (during the whole of the time for which the said A. B. is liable to be detained in the School) (until further order).

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

See Section 57 of 1908 Act and Section 9, Children Act, 1941

* The youthful offender will under S.68 (1) of the Children Act, 1908 remain under the supervision of the Managers of the School until he is 19. See also Sec. 14 of the Act of 1941.

No. 37.10

0.37, r.1

ORDER OF DETENTION IN A CERTIFIED INDUSTRIAL SCHOOL

District Court Area of

District No.

C. D.,

..................................................................................................................................................

Prosecutor

A. B.,

.............................................................................................................................................

Accused

Whereas (here insert that one of the recitals A to S in Schedule B appropriate to the case):

And whereas the Court is satisfied that it is expedient to deal with the said child by sending him to a Certified Industrial School,

And whereas the religious persuasion of the said child appears to the Court to be

It is hereby ordered that the said child shall be sent to a Certified Industrial School at being a school (not) conducted in accordance with the doctrines of the Catholic Church, the Managers whereof are willing to receive him (or, to some Certified Industrial School to be hereafter named in this behalf) to be there detained until (or further period of ) commencing from and after the day of 19 , (or this day) (or the date of his reception therein).*

And it is further ordered that the said child be taken to (the place of detention at ) (or to the custody of a fit person who is willing to receive him), and to be (there) (by him) detained until he is sent to a Certified Industrial School, or is otherwise discharged in due course of law.

And it is further ordered that E. F., residing at the (parent of) (person legally liable to maintain) the said child shall pay to the Inspector of Reformatory and Industrial Schools a weekly sum of £ (during the whole of the time for which the said child is liable to be detained in the school) (until further order).

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

*The child will under S.68 (2) of the Children Act, 1908, remain under the supervision of the Managers of the School until he is 18, unless he is committed for the purpose only of enforcing an attendance order made in consequence of his parent, guardian or other person legally liable to maintain him neglecting to provide sufficient elementary instruction for him. See also Sec. 14 of the Act of 1941

No. 37.11

0.37, r.1

SUMMONS TO PARENT, ETC., UPON COMPLAINT FOR CONTRIBUTION ORDER

District Court Area of

District No.

E.F., of

...........................................................................................................................................

Prosecutor

C.D., of

...........................................................................................................................................

Accused

Complaint has been made this day by E. F., a person duly authorised by the Inspector of Reformatory and Industrial Schools to take proceedings in this behalf, for that you are the parent of (or person liable to maintain) one A. B., who is now detained in the Certified Reformatory (Industrial) School at in the county of under the provisions of the Children Acts 1908 to 1989 and who has been duly ordered to be detained there until he attains the age of years (or for the period of commencing from the day of 19 ), and that you are of sufficient ability to contribute to his maintenance.

You are therefore hereby summoned to appear before the District Court at on the day of 19 , at the hour of in the noon to answer said complaint.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

To

of

No. 37.12

0.37, r.1

CONTRIBUTION ORDER ON PARENT, ETC., OF CHILD IN REFORMATORY OR INDUSTRIAL SCHOOL

District Court Area of

District No.

E.F., of

...................................................................................................................................................

Prosecutor

C.D., of

....................................................................................................................................................

Accused

E. F., a person duly authorised by the Inspector of Reformatory and Industrial Schools to take proceedings in this behalf, having made a complaint that one C. D., residing at , is the parent of (or person liable to maintain) a certain child (or young person), named A. B., of the age of years, or thereabouts, who is now detained in the Certified Reformatory (Industrial) School at in the county of in pursuance of an order duly made under the provisions of the Children Acts 1908 to 1989, directing his detention therein until he attains the age of years (or for the period of commencing from the day of , 19 ), and that the said C. D., is of sufficient ability to contribute to the maintenance of the said child (or young person).

On hearing the said complaint it is adjudged that the matter thereof is true, and it is ordered that the said C. D., do pay to the said Inspector of Reformatory and Industrial Schools a weekly sum of £ during the whole of the period for which the said child (or young person) is liable to be detained in the School (or until ), and the sum of £ for costs.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

Take notice that you are required by Section 75 (6) of the Children Act, 1908, to give notice to the Inspector of Reformatory and Industrial Schools of any change of address, under a penalty of £2.

No. 37.13

0.37, r.1

ORDER FOR DETENTION IN A CERTIFIED DAY INDUSTRIAL SCHOOL

District Court Area of

District No.

E.F., of

..........................................................................................................................................

Prosecutor

C.D., of

..........................................................................................................................................

Accused

Whereas (here insert that one of the recitals A to S in Schedule B appropriate to the case).

And whereas the Court is satisfied that it is expedient to deal with the said child by sending the child to a Certified Day Industrial School.

And whereas the religious persuasion of the said child appears to the Court to be

It is hereby ordered that the said child shall be sent to the Certified Day Industrial School at being a school (not) conducted in accordance with the doctrines of the Catholic Church, to be there detained until (or for the period of ) (or the date of his reception therein), during the hours of , being the hours authorised by the rules of the school approved by the Minister, under the provisions of the

Children Acts in force for the time being.

And it is further ordered that C.D., residing at the (parent of) (person legally liable to maintain) the said child shall pay to a weekly sum of £ (during the whole of the time for which the said child is liable to be detained in the school) (or until further order).

Dated this

day of

19

.

Signed................................................................

Judge of the District Court

No. 37.14

0.37, r.1

INFORMATION ON DISOBEDIENCE OF ORDER ON PARENT, ETC., FOR CONTRIBUTION

District Court Area of

District No.

A. B.,

......................................................................................................................................................

Prosecutor

C.D.,

........................................................................................................................................................

Accused

The information and complaint of

(hereinafter called the prosecutor), of

on behalf of the Inspector of Reformatory and Industrial Schools, taken upon oath before me the undersigned, a Judge of the District Court assigned to the said district, the day of 19 , who satin, that by an Order made under the authority of the statutes in that behalf by the District Court at on the day of , 19 , C.D. (hereinafter called the accused), of was adjudged and ordered to pay to the said Inspector the sum of £ per week for the support and maintenance of A. B., a child (or young person) whom the said accused was legally liable to maintain, and who was duly committed under the authority of the Statutes in that behalf to the Certified Industrial (or Reformatory) School at

And this deponent further satin that the said accused bath had due notice of the said Order, and that the payments directed to be made by the said Order have not been made according thereto by the said accused, and that there is now in rarer for the same the sum of £ being the amount of arrears for weeks' payments, and this prosecutor therefore prays justice in the premises.

Dated this

day of

19

.

Signed..................................................................

Informant

Sworn before me this

day of

19

.

Signed..................................................................

Judge of the District Court

No. 37.15

0.37, r.1

SUMMONS FOR ARREARS

District Court Area of

District No.

A. B.,

......................................................................................................................................................

Prosecutor

C.D.,

.......................................................................................................................................................

Accused

Complaint has been made this day by (hereinafter called the prosecutor), on behalf of the Inspector of Reformatory and Industrial Schools, who satin that on the day of ,19 ,

an Order was duly made under the authority of the statutes in that behalf, by the District Court at in the said district, by which said Order you were duly ordered and adjudged to pay to the said Inspector the sum of £ per week.

And the prosecutor further satin that you have had due notice of the said Order, and that the payments directed to be made by the said Order have not been made according thereto by you, and that there is now in rarer for the same the sum of £ being the amount of arrears for weeks' payments.

You are therefore hereby summoned to appear before the District Court at on the day of 19 , at the hour of in the noon, to answer to the said complaint.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

To

of

No. 37.16

0.37, r.1

WARRANT OF DISTRESS FOR ARREARS

District Court Area of

District No.

E. F.,

......................................................................................................................................................

Prosecutor

C.D.,

......................................................................................................................................................

Accused

Whereas on the day of one thousand nine hundred and , on the complaint of the Inspector of Reformatory and Industrial Schools, it was adjudged by the District Court at in the said District that the sum of £ was then due from C.D., of to the said Inspector under an Order made in pursuance of the Children Acts, 1908 to 1989, together with the sum of £ for costs.

And default having been made in payment:

You are hereby commanded forthwith to make distress of the goods of the said C.D. (except the wearing apparel and bedding of him/her and his/her family, and to the value of five pounds, the tools and implements of his/her trade); and if within the space of five clear days next after the making of such distress, unless he/she consents in writing to an earlier sale, the sum stated at the foot of this Warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the Clerk of that Court and if no such distress can be found to certify the same to that Court.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

To the Superintendent of the Garda Síochána at and his/her Assistants

Amount adjudged

...........................

Paid

...........................

Remaining due

...........................

Cost of issuing this Warrant

...........................

Total amount to be levied

...........................

No. 37.17

0.37, r.1

COMMITMENT IN LIEU OF DISTRESS

District Court Area of

District No.

A. B.,

......................................................................................................................................................

Prosecutor

C.D.,

.......................................................................................................................................................

Accused

To the Superintendent of the Garda Síochána at and his/her Assistants and to the Governor of the Prison at

Whereas C.D. , of (hereinafter called the accused), was this day adjudged before the District Court at in the said district, to owe to the Inspector of Reformatory and Industrial Schools the sum of £ due to the said Inspector from the said accused, under an Order made in pursuance of the Children Acts, 1908 to 1989, and the sum of £ for costs.

And default having been made in payment, it was directed that such sums should be levied by distress and sale of the accused's goods;

And it appearing to this Court that the accused has not sufficient goods whereon to levy distress, or that the levy of the distress will be more injurious to the accused and his/her family than imprisonment;

It is ordered that the accused be imprisoned in the Prison at and there kept for the space of unless the said sums, together with the costs of the commitment and conveying of the accused to prison, amounting to the sum of £ be sooner paid.

And you, the said Superintendent, are hereby commanded to take the accused and convey him/her to the said prison, and there deliver him/her to the Governor thereof, together with this warrant; and you, the Governor of the said prison, to receive the accused into your custody, and keep him/her for the space of unless the said sums be sooner paid.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

No. 37.18

0.37, r.1

COMMITMENT IN DEFAULT OF DISTRESS

District Court Area of

District No.

A. B.,

......................................................................................................................................................

Prosecutor

C.D.,

........................................................................................................................................................

Accused

To the Superintendent of the Garda Síochána at and his/her Assistants, and to the Governor of the Prison at

Whereas C. D., of (hereinafter called the accused), was on the day of 19 , before the District Court at in the said district adjudged to owe to the Inspector of Reformatory and Industrial Schools the sum of £ due to the said Inspector from the said accused, under an Order made in pursuance of the Children Acts, 1908 to 1989 and the sum of £ for costs.

And default having been made in payment, it was directed by warrant dated the day of , one thousand nine hundred and , to levy the said sums by distress; and it now appearing that no sufficient distress whereon to levy the said sum could be found;

You, the said Superintendent, are hereby commanded to convey the accused to the Prison at , and there deliver him/her to the Governor thereof, together with this warrant; and you, the Governor of the said prison, to receive the accused into your custody and keep him/her for the space of unless the said sums and all costs and charges of the said distress amounting to the further sum of £ and the costs of the commitment and conveying of the accused to prison amounting to further sum of £ , be sooner paid.

Dated this

day of

19

.

Signed.................................................................

Judge of the District Court

RECITALS TO BE USED IN ORDERS OF DETENTION IN CERTIFIED INDUSTRIAL SCHOOLS

O.37,r.1

A.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , has been found begging (or receiving alms) or begging (or receiving alms) under the pretence of singing, playing, performing, or offering for sale (here state article, e.g., matches)] or being in a street, premises or place for the purpose of begging or receiving alms) or of begging or receiving alms under the pretence of singing, playing, performing, or offering for sale (here state article)], and whereas the Council of the said county (or county borough) has been given the opportunity of being heard.

B.

Whereas A. B. , who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , has been found not having any home (or not having any settled place of abode, or visible means of subsistence) (or having a parent or guardian who does not exercise proper guardianship), and whereas the Council of the said county (or county borough) has been given an opportunity of being heard.

C.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 and who resides at in the county (or county borough) of , has been found destitute and is not an orphan and his parents (or his surviving parent or, in the case of an illegitimate child, his mother) are (or is) unable to support him, and the parents (or the surviving parent or, in the case of an illegitimate child, the mother} of the said A. B., consenting to such order being made.

And whereas the council of the said county (or county borough) has been given an opportunity of being heard.

D.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 ), and who resides at in the county (or county borough) of , has been found destitute and is not an orphan and his parents (or his surviving parent or, in the case of an illegitimate child, the mother) are (or is) unable to support him, and the Court being satisfied that owing to mental incapacity (or desertion) on the part of the parents (or the surviving parent or, in the case of an illegitimate child, the mother) of the said A. B., the consent of such parents (or surviving parent, or mother) to the making of such Order may be dispensed with,

And whereas the council of the said county (or county borough) has been given an opportunity of being heard.

E.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 ), and who resides at in the county (or county borough) of , has been found destitute and is not an orphan and his parents are unable to support him, and the father (or mother) of the said A. B., consenting to such Order being made, and the Court being satisfied that owing to mental incapacity (or desertion) of the said mother (or father), (or, to the fact that the said mother (or father) is undergoing imprisonment (or penal servitude), the consent of the said mother (or father) to the making of such Order may be dispensed with,

And whereas the council of the said county (or county borough) has been given an opportunity of being heard.

F.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 ), and who resides at in the county (or county borough) of , is under the care of a parent (or guardian) who has been convicted of an offence under Part II of the Children Act, 1908, or mentioned in the First Schedule to the said Act in relation to any of his children whether legitimate or illegitimate, and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

G.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 ), and who resides at in the county (or county borough) of , has been found destitute, not being an orphan and having both parents or his surviving parent (or, in the case of an illegitimate child, his mother), undergoing penal servitude (or imprisonment), and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

H.

Whereas, A. B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , has been found destitute, being an orphan,

And whereas the council of the said county (or county borough) has been given an opportunity of being heard.

I.

Whereas A. B. , who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , has been under the care of a parent or guardian, who, by reason of reputed criminal (or drunken) habits, is unfit to have the care of the child, and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

J.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , is the legitimate (or illegitimate) daughter of who has been convicted of an offence under Section one (or Section two) of the Criminal Law Amendment Act, 1935 , in respect of one of his daughters, and whereas the council of the said county (or county borough) ha been given an opportunity of being heard.

K.

Whereas A. B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county or county borough) of , has been frequenting the company of a reputed thief (or a common or reputed prostitute), and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

L.

Whereas A. B. , who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , has been lodging (or residing) in a house or the part of a house used by any prostitute for the purposes of prostitution (or has been living in circumstances calculated to cause, encourage, or favour the seduction or prostitution of the child), and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

M.

Whereas A. B., who appears to the Court to be a child under the age of 12 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , has been charged before the Court with the offence of , which is punishable in the case of an adult by penal servitude (or, if the case be so, here state lesser punishment), and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

N.

Whereas A. B., who appears to the Court to be a child over the age of 12 years, but under the age of IS years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of has been charged before the Court with the offence of , which is punishable in the case of an adult by penal servitude (or, if the case be so, here state lesser punishment), but has not been previously convicted, and whereas the Court is satisfied that the said child should be sent to a certified school, but, having regard to the special circumstances of the case, should not be sent to a Certified Reformatory School, and is also satisfied that the character and antecedents of the child are such that he will not exercise an evil influence over the other children in a Certified Industrial School, and whereas the Managers of the Certified Industrial School at are willing to receive the said child; and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

O.

Whereas the parent (or guardian) of A. B. , who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of has proved to the Court that he is unable to control the said child, and represents that he desires the said child to be sent to a Certified Industrial School, and whereas the Court is satisfied that the parent (or guardian) understands the results which will follow; and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

P.

Whereas the*

have represented to the Court that A. B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , maintained in the District Institution of the Public Assistance District (or in the School established for said District Institution) is refractory (or is the child of parents, one of whom has been convicted of an offence punishable with penal servitude or imprisonment), and that it is desirable that the said child should be sent to a Certified Industrial School; and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

Q.

Whereas A. B., being the parent of a child who was born so far as can be ascertained on day of 19 , and who resides at in the county (or county borough) was convicted on the day of , 19 , at the District Court at , of an offence under Section 17 of the School Attendance Act, 1926 , in respect of the said child in that the said being a parent as defined by the said School Attendance Act, 1926 , did between the day of 19 , and the day of 19 , in the School Attendance area (No. -) and within the said district fail to comply with a warning duly served on him/her in accordance with Section 17 of the School Attendance Act, 1926 requiring him/her to cause the said child to attend school in compliance with the said Act and the said parent was convicted of a second offence under the said Act on the day of , 19 , at the District Court at in respect of the same child in that the said parent did between the day of , 19 , and the day of 19 , in the said School attendance Area and within the district fail to comply with a similar warning under Section 17 of the said Act requiring him/her to cause the said child to attend school; And whereas the council of the said county (or county borough) has been given an opportunity of being heard.

R.

Whereas A. B., being the parent of a child who was born, so far as has been ascertained, on the day of 19 , and who resides at in the county (or county borough) of , was charged at the District Court at in said district, on the day of , 19 , with a contravention of Section 17, of the School Attendance Act, 1926 , in that, the said being a parent as defined by the School Attendance Act, 1926 , did between the day of 19 , and the day of , 19 , at in the School Attendance Area (No. — and) within said district, fail to comply with a warning duly served on him/her in accordance with Section 17 of the School Attendance Act, 1926 , requiring him/her to cause the said child to attend school in compliance with said Act. And whereas the said parent has satisfied the Court that he/she has used all reasonable efforts to cause the said child to attend school in accordance with the said School Attendance Act, 1926 .

And whereas the council of the said county (or county borough) has been given an opportunity of being heard.

S.

Whereas an order of detention in the Day Industrial School at under Section 78 of the Children Act, 1908, was made on ........................ against A. B., who appears to the Court to be a child under the age of IS (having been born, so far as has been ascertained, on the day of 19 ), and who resides at in the county (or county borough) of , on the ground that (here state the ground on which the former order was made, following the terms of such recital as the case may require), and whereas the said A. B. wilfully neglects to attend the said Day Industrial School (or wilfully neglects or wilfully refuses to conform to the rules of the said Day Industrial School); and whereas the council of the said county (or county borough) has been given an opportunity of being heard.

*Insert name of Public Assistance Authority

No. 38. 1

O.38,r.2 (2)

BANKERS' BOOKS EVIDENCE ACT, 1879

Section 7

NOTICE OF APPLICATION FOR AN ORDER TO INSPECT AND COPY ENTRIES IN BOOKS

District Court Area of

District No.

................................................................................................................................................................

Applicant

of

..............................................................................................................................................................................

WHEREAS the above-named applicant is a party to proceedings now before the Court and entitled

.......................................................................................

-v

............................................................

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ....................... on the day of 19 at a.m./p.m. for an order pursuant to section 7 of the above-mentioned Act authorising the applicant to inspect and take copies of any entries in the books of the ........................ at ..............................................*(in the court (area and) district aforesaid), concerning the account

or accounts of

...............................

of

........................

for any of the purposes of such proceedings

Dated this

day of

19

.

Signed..................................................................

Applicant/Solicitor for Applicant

To the District Court Clerk,

District Court Office,

............................................................................................................................................................................

* Delete where inapplicable

No. 38.2

O.38,r.2 (3)

BANKERS' BOOKS EVIDENCE ACT, 1879

Section 7

ORDER TO INSPECT AND COPY ENTRIES IN BOOKS

District Court Area of

District No.

..............................................................................................................................................................

Applicant

of

...............................................................................................................................................................

UPON HEARING an application made to this Court to-day by the above-named.

applicant, who is a party to proceedings now before the Court and entitled

...................................

........................................................................

-v

.....................................................................

for an order pursuant to section 7 of the above-mentioned Act in respect of the

account(s) of one

............................................................................................................................

of

...........................................................

at the

.....................................................................

at

..................................................................................

*(in the court (area and) district aforesaid).

THE COURT HEREBY ORDERS pursuant to section 7 of the said Act that you, the.

said applicant

.................................................................................................................................

shall, *(having served this order upon the said bank three clear days before so inspecting,) be at liberty to inspect and take copies of any entries in the said banker's books at *(in the court (area and) district aforesaid), concerning the account or accounts of

the said

...........................................................................................................................................

of

.......................................................................................

for any of the purposes of such proceedings.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

To the above-named Applicant.

No. 38.3

O.38,r.3

CORONERS ACT, 1962

Section 25 (3)

NOTICE TO CORONER

District Court Area of

District No.

TAKE NOTICE that

............................................................................................................................

of

.............................................................................................................................................................

was charged before a sitting of the District Court held at

on the day of 19 that

he/she did

THE COURT on the day of 19

ORDERED AS FOLLOWS:-

Dated this

day of

19

.

Signed..................................................................

Clerk of the District Court

To the Coroner for

at

.....................................................................................................................................................

SCHEDULE C

O.7, r.2

FORMS IN CIVIL PROCEEDINGS

No. 7.1

AUTHORISATION BY *NEXT FRIEND

*GUARDIAN AD LITEM OF A MINOR

District Court Area of

District No.

.................................................................................................................................................................

Plaintiff

of

.......................................................................................................................................................

.................................................................................................................................................................

Defendant

of

.......................................................................................................................................................

WHEREAS the *plaintiff *defendant in the above-named proceedings which are for hearing before this Court on the day of 19 , is a minor, having been born on the day of 19 ,

*(AND WHEREAS I,

..............................................

of

......................................................................

am the †

of the said minor,)

AND I believe that I am a fit and proper person to act as

*(next friend in the proceedings)

*(guardian ad litem in the proceedings)

on behalf of the minor,

AND I have no interest in the matters in question in these proceedings adverse to that of the minor,

I hereby consent to act as such *next friend *guardian ad litem,

AND AUTHORISE the use of my name in the above-named proceedings as the *next friend *guardian ad litem of the said minor.

Dated this

day of

19

.

Signed..................................................................

No. 7.2

O.7, r.3

ORDER APPOINTING A *NEXT FRIEND *GUARDIAN AD LITEM

District Court Area of

District No.

....................................................................................................................................................................

Plaintiff

of

..........................................................................................................................................................

....................................................................................................................................................................

Defendant

of

..........................................................................................................................................................

WHEREAS in the above-named proceedings now before the Court the *plaintiff *defendant therein is a minor, having been born on the day of 19 ,

AND WHEREAS the Court thinks it expedient to appoint

*(a next friend to act in the proceedings)

*(a guardian ad litem to act in the proceedings)

on behalf of the minor,

AND BEING SATISFIED THAT

...........................................

of

............................................,

is a fit and proper person to act as such *next friend *guardian ad litem and that he/she has no interest in the matters in question in the proceedings adverse to that of the said minor, and he/she having consented to so act,

THE COURT HEREBY APPOINTS the said

..............................................................................

as *next friend *guardian ad litem to act for and on behalf of the said minor in these proceedings.

Dated this

day of

19

Signed

......................................................

Judge of the District Court.

*Delete words inapplicable

No. 7.3

O.7, r.4 (1)

CIVIL LIABILITY ACT, 1961

NOTICE OF APPLICATION FOR DIRECTION UNDER SECTION 63 (1)

District Court Area of

District No.

....................................................................................................................................................................

Plaintiff

of

.........................................................................................................................................................

....................................................................................................................................................................

Defendant

of

.........................................................................................................................................................

WHEREAS in the above-named proceedings for a wrong, now before the Court, the Plaintiff is a minor, having been born on the day of 19 ,

AND WHEREAS the sum of £ has been lodged in court by the above-named defendant in the proceedings,

TAKE NOTICE that an application will be made at the sitting of the District Court

to be held at

.............................................................................................................................................

on the day of 19 at a.m./p.m. for a direction under section 63 (1) of the above-mentioned Act as to whether that sum of money should be accepted or the action should go to trial.

Dated this

day of

19

Signed

.....................................................................

*Solicitor/*Next friend/ forApplicant.

To

of

the above-named defendant.

To the District Court Clerk,

District Court Office,

...............................................

No. 7.4

O.7, r.5 (2)

NOTICE OF APPLICATION FOR AN INTERIM PAYMENT FROM MONEY SECURED/INVESTED FOR BENEFIT OF A MINOR

District Court Area of

District No.

........................................................................................................................................................................

Applicant

of

.............................................................................................................................................................

applying on behalf of

.........................................................................................................................................................................

a minor

of

..............................................................................................................................................................

WHEREAS I, the above-named applicant, am the *next friend *guardian ad litem of the above-named minor who was born on the day of 19 ,

AND WHEREAS in proceedings before this Court an order was made on the day of 19 directing that the sum of £ , to which the minor was declared entitled in the proceedings, be *secured/invested in for the benefit of the said minor,

TAKE NOTICE that I will apply at the sitting of the District Court to be held at

.....................................................................

on the

day of

19

at a.m./p.m. for an interim payment out to me for the benefit of the said minor of the sum of £ from that sum. The payment sought is to meet the following requirement(s):—

Dated this

day of

19

Signed

.......................................................

Applicant

To the District Court Clerk,

District Court Office,

...............................................

_______________________________________________________________________________

FOR OFFICE USE

Principal

£

Interest earned

£

Amount on deposit

£______________

Payments out to date:

*Delete words inapplicable

No. 7.5

O.7, r.6 (2)

NOTICE OF APPLICATION FOR PAYMENT OUT OF COURT OF MONEY

INVESTED FOR A MINOR

District Court Area of

District No.

...............................................................................................................................................................

Applicant

of

......................................................................................................................................................

WHEREAS I, the above-named applicant, was the minor plaintiff *minor defendant

(having been born on the day of 19 ) in the proceedings entitled

....................................................................................................................................................................

Plaintiff

-v-

....................................................................................................................................................................

Defendant

which were heard and determined by this Court on the day of 19 , and in which proceedings the Court ordered that the sum of £ to which I was declared entitled, be invested for my benefit until I attained full age,

AND WHEREAS I attained full age on the day of 19 ,

TAKE NOTICE that I will apply at the sitting of the District Court to be held at

...................................................................................

on the

day of

19

at a.m./p.m. for an order authorising the payment out of court to me of the said sum to which I was declared entitled (or the balance thereof) together with any interest which has accrued thereon.

Dated this

day of

19

Signed

.......................................................

Applicant

To the District Court Clerk,

District Court Office,

...............................................

*Delete words inapplicable

No. 39.1

O.39, r.2

CIVIL SUMMONS

District Court Area of

District No.

Between

....................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

........................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant

The Plaintiff's claim is to recover against you, the Defendant, the sum of £ for

Amount due

£

Costs (if paid within 10 days)

£

YOU ARE HEREBY REQUIRED personally to appear at the sitting of the District

Court for the hearing of civil proceedings to be held at

........................................................................

in court area and district aforesaid on the day of 19 at a.m./p.m. to answer the said claim.

IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then, not later than four days before the date of the said sitting of the Court YOU SHOULD detach and complete the two Notices of Intention to Defend attached to this summons; YOU

SHOULD give or send by post one of them to the District Court Clerk at

..........................................

and the other to the Plaintiff or Solicitor for Plaintiff.

IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or the Solicitor for Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign a consent.

Dated this

day of

19

Signed

................................................................

Plaintiff or Solicitor for Plaintiff

To

.........................................................................................................................................................

of

..........................................................................................................................................................

the above defendant

........................................................................................................................

NOTICES OF INTENTION TO DEFEND as in Form 41.1

*Delete where inapplicable

No. 39.2

O.39, r.2

CIVIL SUMMONS FOR A DEBT OR LIQUIDATED MONEY DEMAND

(excepting proceedings instituted in pursuance of the Consumer Credit Act, 1995

District Court Area of

District No.

Between

..............................................................................................................................................................................

of

....................................................................................................................................................................

in the County of

............................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

...............................................................................................................................................................................

of

.....................................................................................................................................................................

in the County of

.............................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant

The Plaintiff's claim is to recover against you, the Defendant, the sum of £ for

Amount due

£

Costs (if paid within ten days)

£ _____________

(A) IF YOU DISPUTE THE CLAIM, and wish to defend the proceedings. then, YOU

ARE HEREBY REQUIRED

(i) not later than 7 days before the under-mentioned date of sitting of the Court to detach and complete the two Notices of Intention to Defend attached to this civil summons and to give or send by post one of them to the District

Court Clerk at

.................................................................................................................

and the other to the Plaintiff or Solicitor for Plaintiff,

(ii) AND TO APPEAR at the sitting of the District Court for the hearing of

civil proceedings to be held at

............................................................................................

in court area and district aforesaid on the day of 19

at a.m./p.m. to answer the said claim.

(B) IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or Solicitor for Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

(C) IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign a consent.

(D) IF YOU DO NOT ACT IN ACCORDANCE WITH (A), (B), OR (C) ABOVE you will be held to have admitted the claim and the Plaintiff may, without further notice to you, lodge an affidavit of debt in the District Court Office, obtain judgment and proceed to execution for the full amount claimed and costs.

Dated this

day of

19

Signed

............................................................

Plaintiff or Solicitor for Plaintiff

of

To

of

the above defendant

NOTICES OF INTENTION TO DEFEND as in Form 41.1

*Delete where inapplicable

No. 39.3

O.39, r.2

CIVIL SUMMONS FOR A DEBT OR LIQUIDATED MONEY DEMAND

(in proceedings instituted in pursuance of a Hire-Purchase Agreement)

District Court Area of

District No.

Between

..............................................................................................................................................

of

................................................................................................................................................................

in the County of

.........................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

.....................................................................................................................................................................

of

..........................................................................................................................................................

in the County of

..................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

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 *(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/her 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 Defendant(s) ordinarily resides or carries on a profession, business or occupation at

which is situate in said court area and district.

5. The provisions of sections 57 and 58 of the Consumer Credit Act 1995 , were complied with in respect of the said transaction(s).

6. 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)

£___________

(A) IF YOU DISPUTE THE CLAIM, and wish to defend the proceedings, then, YOU ARE HEREBY REQUIRED

(i) not later than 7 days before the under-mentioned date of sitting of the Court to detach and complete the two Notices of Intention to Defend attached to this civil summons and to give or send by post one of them to the District

Court Clerk at

.................................................................................................................

and the other to the Plaintiff or Solicitor for the Plaintiff.

(ii) AND TO APPEAR at the sitting of the District Court for the hearing of

civil proceedings to be held at

..........................................................................................

in court area and district aforesaid on the day of 19

at a.m./p.m. to answer the said claim.

(B) IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or Solicitor for the Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

(C) IF YOU ADMIT 'THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign a consent.

(D) IF YOU DO NOT ACT IN ACCORDANCE WITH (A), (B) OR (C) ABOVE you will be held to have admitted the claim and the Plaintiff may, without further notice to you, lodge an affidavit of debt in the District Court Office, obtain judgment and proceed to execution for the full amount claimed and costs.

Dated this

day of

19

Signed

...............................................................

Plaintiff or Solicitor for Plaintiff

of

To

of

the above defendant

NOTICES OF INTENTION TO DEFEND as in Form 41.1

*Delete where inapplicable

No. 39.4

O.39, r.2

CIVIL SUMMONS FOR A DEBT OR LIQUIDATED MONEY DEMAND

(in proceedings instituted in pursuance of a Hire-Purchase Agreement which has been assigned to the Plaintiff)

District Court Area of

District No.

Between

.........................................................................................................................................................................

of

................................................................................................................................................................

in the County of

.........................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

........................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

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 *(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/her 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 dated day 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 sections 57 and 58 of the Consumer Credit Act, 1995 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)

(A) IF YOU DISPUTE THE CLAIM, and wish to defend the proceedings, then, YOU ARE HEREBY REQUIRED

(i) not later than 7 days before the under-mentioned date of sitting of the Court to detach and complete the two Notices of Intention to Defend attached to this civil summons and to give or send by post one of them to the District

Court Clerk at

.................................................................................................................

and the other to the Plaintiff or Solicitor for Plaintiff,

(ii) AND TO APPEAR at the sitting of the District Court for the hearing of

civil proceedings to be held at

.........................................................................................

in court area and district aforesaid on the day of 19 at a.m./p.m. to answer the said claim.

(B) IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or Solicitor for Plaintiff within 10 days after the service upon you of this civil summons all further proceedings will be stayed, you need not attend court and you will avoid further costs.

(C) IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign a consent.

(D) IF YOU DO NOT ACT IN ACCORDANCE WITH (A), (B) OR (C) ABOVE, you will be held to have admitted the claim and the Plaintiff may, without further notice to you, lodge an affidavit of debt in the District Court Office, obtain judgment and proceed to execution for the full amount claimed and costs.

Dated this

day of

19

Signed

..................................................................

Plaintiff or Solicitor for Plaintiff

of

To

of

the above defendant

NOTICES OF INTENTION TO DEFEND as in Form 41.1

(a) Original Owner

*Delete where inapplicable

No. 39.5

O.39, r.2

CIVIL SUMMONS FOR A DEBT OR LIQUIDATED MONEY DEMAND

(in proceedings instituted in pursuance of a Credit-Sale Agreement)

District Court Area of

District No.

Between

......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

....................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

....................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

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 *(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/her 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 Part III of the Consumer Credit Act, 1995 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)

£__________

(A) IF YOU DISPUTE THE CLAIM, and wish to defend the proceedings, then, YOU ARE HEREBY REQUIRED

(i) not later than 7 days before the under-mentioned date of sitting of the Court to detach and complete the two Notices of Intention to Defend attached to this civil summons and to give or send by post one of them to the District

Court Clerk at

.................................................................................................................

and the other to the Plaintiff or Solicitor for Plaintiff,

(ii) AND TO APPEAR at the sitting of the District Court for the hearing of

civil proceedings to be held at

..........................................................................................

in court area and district aforesaid on the day of 19 at a.m./p.m. to answer the said claim.

(B) IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or Solicitor for Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

(C) IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign a consent.

(D) IF YOU DO NOT ACT IN ACCORDANCE WITH (A), (B) OR (C) ABOVE you will be held to have admitted the claim and the Plaintiff may, without further notice to you, lodge an affidavit of debt in the District Court Office, obtain judgment and proceed to execution for the full amount claimed and costs.

Dated this

day of

19

Signed

.................................................................................

Plaintiff or Solicitor for Plaintiff

of

To

of

the above defendant

NOTICES OF INTENTION TO DEFEND as in Form 41.1

*Delete where inapplicable

No. 39.6

O.39, r.2

CIVIL SUMMONS FOR A DEBT OR LIQUIDATED MONEY DEMAND

(in proceedings instituted in pursuance of a Credit Agreement)

District Court Area of

District No.

Between

.........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

......................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

...................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

1. By credit 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, the Plaintiff granted to the *(first-named) Defendant a credit in the form of

specify

(a) a deferred payment

(b) a cash loan

(c) other financial accommodation

to the amount of £ repayable as follows:—

*2. By 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 second-named Defendant guaranteed the due and punctual payment by the first-named Defendant of all sums due by him/her under the said credit agreement and agreed to indemnify the Plaintiff against the failure of the said first-named Defendant to make the payments as aforesaid.

*3. The Plaintiff is a licensed moneylender within the meaning of the Consumer Credit Act, 1995 .

4. The Defendant(s) ordinarily resides or carries on a profession, business or

occupation at

...................................................................................................................................

which is situate in said court area and district.

5. The provisions of Part III of the Consumer Credit Act, 1995 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 credit agreement.

Amount due

£ .................................

Costs (if paid within ten days)

£ .................................

(A) IF YOU DISPUTE THE CLAIM, and wish to defend the proceedings, then, YOU ARE HEREBY REQUIRED

(i) not later than 7 days before the under-mentioned date of sitting of the Court to detach and complete the two Notices of Intention to Defend attached to this civil summons and to give or send by post one of them to the District Court

Clerk at

.........................................................................................................................

and the other to the Plaintiff or Solicitor for Plaintiff,

(ii) AND TO APPEAR at the sitting of the District Court for the hearing of

civil proceedings to be held at

..........................................................................................

in court area and district aforesaid on the day of 19 at a.m./p.m. to answer the said claim.

(B) IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or Solicitor for Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

(C) IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign a consent.

(D) IF YOU DO NOT ACT IN ACCORDANCE WITH (A), (B) OR (C) ABOVE, you will be held to have admitted the claim and the Plaintiff may, without further notice to you, lodge an affidavit of debt in the District Court Office, obtain judgment and proceed to execution for the full amount claimed and costs.

Dated this

day of

19

Signed

........................................................................

Plaintiff or Solicitor for Plaintiff

of

To

of

the above defendant.

NOTICES OF INTENTION TO DEFEND as in Form 41.1

*Delete where inapplicable

No. 39.7

O.39, r.2

CIVIL SUMMONS FOR A DEBT OR LIQUIDATED MONEY DEMAND

(in proceedings instituted in pursuance of a Consumer-Hire Agreement)

District Court Area of

District No.

Between

..........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

.........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

1. By consumer-hire 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 at the price of £ payable as follows:

*2. By 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/her under the said consumer-hire agreement and agreed to indemnify the Plaintiff against the 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 the said court area and district.

5. The provisions of section 84 of the Consumer Credit Act, 1995 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 consumer-hire agreement.

(Particulars)

Amount due

£

Costs (if paid within ten days)

£

(A) IF YOU DISPUTE THE CLAIM, and wish to defend the proceedings, then, YOU ARE HEREBY REQUIRED

(i) not later than 7 days before the under-mentioned date of sitting of the Court to detach and complete the two Notices of Intention to Defend attached to this civil summons and to give or send by post one of them to the District

Court Clerk at

.................................................................................................................

and the other to the Plaintiff or Solicitor for Plaintiff,

(ii) AND TO APPEAR at the sitting of the District Court for the hearing of

civil proceedings to be held at

..........................................................................................

in court area and district aforesaid on the day of 19 at a.m./p.m. to answer the said claim.

*(B) IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or Solicitor for Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

*(C) IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign a consent.

*(D) IF YOU DO NOT ACT IN ACCORDANCE WITH (A), (B) OR (C) ABOVE. you wilt be held to have admitted the claim and the Plaintiff may, without further notice to you, lodge an affidavit of debt in the District Court Office, obtain judgment and proceed to execution for the full amount claimed and costs.

Dated this

day of

19

Signed

..................................................................

Plaintiff or Solicitor for Plaintiff

of

To

of

the above defendant

NOTICES OF INTENTION TO DEFEND as in Form 41.1

*Delete where inapplicable

No. 39.8

O.39, r.2

CIVIL SUMMONS

(In proceedings by an owner to recover goods solely or together with any other claim under a Hire-Purchase/Consumer-Hire Agreement)

District Court Area of

District No.

Between

.......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

...................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

.....................................................................................................................................................................

of

..........................................................................................................................................................

in the County of

..................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

1. By hire-purchase/consumer-hire 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/consumer-hire at the 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/her under the said agreement and agreed to indemnify the owner of the goods against failure of the said first named Defendant to make the payments aforesaid.

3. The Defendant (s) ordinarily resides or carries on profession, business or occupation

at

...................................................................................................................................................

which is situate in the said court area and district.

4. The Plaintiff is the owner of the said goods.

5. The provisions of sections 57 and 58 of the Consumer Credit Act, 1995 were complied with in respect of the said transaction(s).

6. (Set out the facts showing the Plaintiff's right to immediate possession of the goods)

*7. There is due and owing to the Plaintiff on foot of the said hire-purchase/consumer-hire agreement the sum of £.............

(Particulars)

YOU ARE HEREBY REQUIRED personally to appear at the sitting of the District Court for the hearing of civil proceedings to be held at ............................... in court area and district aforesaid on the ........ day of .......................... 19...... at ....... a.m./p.m. to answer the said claim.

IF YOU DISPUTE THE CLAIM and wish to defend the proceedings then, not later than four days before the date of the said sitting of the Court YOU SHOULD detach and complete the two Notices of Intention to Defend attached to this summons; YOU SHOULD give or send by post one of them to the District

Court Clerk at

..........................................................................................................................

and the other to the Plaintiff or Solicitor for Plaintiff.

IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or the Solicitor for the Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign the consent.

Dated this

day of

19

Signed

........................................................................

Plaintiff or Solicitor for Plaintiff

of

To ....................................

of .....................................

the above defendant

NOTICES OF INTENTION as in Form 41.1

*Delete where inapplicable

No. 39.9

O.39, r.2

CIVIL SUMMONS

(in proceedings by an assignee to recover goods solely or together with any other claim under a Hire-Purchase/Consumer-Hire Agreement)

District Court Area of

District No.

Between

.........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and-

......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

....................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

1. By hire-purchase/consumer-hire 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 *(first named) Defendant by way of hire-purchase/consumer-hire at the 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 second named Defendant guaranteed the due and punctual payment by the first named Defendant of all sums due by him/her under the said 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 Defendants) ordinarily resides or carries on a profession, business or

occupation at

.............................................................................................................................

which is situate in said court area and district.

4. The Plaintiff is the owner of the said goods.

5. The provisions of sections 57 and 58 of the Consumer Credit Act, 1995 were complied with in respect of the said transaction(s).

6. (Set out the facts showing the Plaintiff's right to immediate possession of the goods)

*7. There is due and owing to the Plaintiff on foot of the said hire-purchasel consumer-hire agreement the sum of £............

(Particulars)

YOU ARE HEREBY REQUIRED personally to appear at the sitting of the District Court for the hearing of civil proceedings to be held at ........................................................ in court area and district aforesaid on the ........ day of .......................... 19...... at ....... a.m./p.m. to answer the said claim.

IF YOU DISPUTE THE CLAIM and wish to defend the proceedings then, not later than four days before the date of the said sitting of the Court YOU SHOULD detach and complete the two Notices of Intention to Defend attached to this summons; YOU SHOULD give or send by post one of them to the District Court Clerk at ...................... and the other to the Plaintiff or Solicitor for Plaintiff.

IF YOU PAY THE CLAIM AND COSTS stated above to the Plaintiff or the Solicitor for the Plaintiff within 10 days after the service upon you of this civil summons, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Plaintiff's Solicitor within 10 days after the service upon you of this civil summons and sign the consent.

Dated this

day of

19

Signed

........................................................................

Plaintiff or Solicitor for Plaintiff

To ..............................................

of ...............................................

the above defendant

...................................................

*Delete where inapplicable

(a) Original owner

NOTICES OF INTENTION TO DEFEND as in Form 41.1

No. 39.10

O.39, r.14 (1)

COURTS OF JUSTICE ACT, 1924

Section 77, paragraph A

COURTS ACT, 1991

Section 4 (c)

FORM OF CONSENT

District Court Area of

District No.

In the matter of proceedings

Between

..............................................................................................................................................

Plaintiff

of

............................................................................................................................................................

and

.......................................................................................................................................................

Defendant

of

............................................................................................................................................................

WHEREAS the above-named Plaintiff has instituted proceedings, entitled as above, in this Honourable Court against the above-named Defendant claiming as follows:—

AND WHEREAS the said proceedings are of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act, 1924 and the *(amount claimed) *(annual rent therein specified), namely, the sum of £ , is in excess of the monetary limit that for the time being applies under that section, namely, the sum of £

NOW WE, *(solicitor for) the Plaintiff and *(solicitor for) the Defendant, HEREBY CONSENT AND AGREE to the exercise in those proceedings, by the Judge of the District Court assigned to the said court area, of the jurisdiction conferred by the proviso (inserted by section 4 (c) of the Courts Act, 1991 ) at the end of the said paragraph A to hear and determine such proceedings,

AND WE SIGN this form of consent in compliance with the terms of the said proviso.

Dated this

day of

19

Signed

........................................................................

Signed

...........................................................

*(Solicitor for)

*(Solicitor for)

the above-named Plaintiff

the above-named Defendant

*Delete words inapplicable

No. 41.1

O.41, r.1.(1)

NOTICE OF INTENTION TO DEFEND

(To be served upon the Plaintiff or Solicitor for Plaintiff)

District Court Area of

District No.

Between/

......................................................................................................................................................................

Plaintiff

-and-

......................................................................................................................................................................

Defendant

The Defendant intends to defend this civil summons

Dated this

day of

19

Signed

..............................................................

Defendant or Solicitor for

Defendant

of

To the Plaintiff or Plaintiff's Solicitor,

of

NOTICE OF INTENTION TO DEFEND

(To be served upon the District Court Clerk)

District Court Area of

District No.

Between/

......................................................................................................................................................................

Plaintiff

-and-

......................................................................................................................................................................

Defendant

The Defendant intends to defend this civil summons, which is listed for the sitting of

the District Court at

..................................................................................................................................

on the day of 19 .

Dated this

day of

19

Signed

...........................................................

Defendant or Solicitor for

Defendant

of

To the Clerk of the District Court

at

No. 41.2

O.41, r.2. (2)

NOTICE OF LODGMENT

District Court Area of

District No.

.......................................................................................................................................................................

Plaintiff

-and-

......................................................................................................................................................................

Defendant

TAKE NOTICE that I

................................................................................................................

the above Defendant hereby lodge the sum of £ which I consider is sufficient to satisfy the Plaintiff's claim in the above-mentioned proceedings.

on the day of 19 .

A copy of this notice has been sent to the Plaintiff or Plaintiff's Solicitor.

Dated this

day of

19

Signed

...................................................................

Defendant or Solicitor for

Defendant

of

To the Clerk of the District Court

at

and

To the Plaintiff or Plaintiff's solicitor

of

No. 41.3

O.41, r.5. (2)

NOTICE OF COUNTERCLAIM

District Court Area of

District No.

Between

.......................................................................................................................................................................

Plaintiff

-and-

.....................................................................................................................................................................

Defendant

TAKE NOTICE that the Defendant intends, at the hearing of the above civil summons to counterclaim against the Plaintiff's claim; particulars of which counterclaim are as follows:—

Dated this

day of

19

Signed

...................................................................

Defendant or Solicitor for

Defendant

of

To

of

Plaintiff or Solicitor for Plaintiff

and

To the Clerk of the District Court

at

No. 42.1

O.42, r.1

THIRD PARTY NOTICE

District Court Area of

District No.

Between

....................................................................................

of

..........................................................................

Plaintiff

....................................................................................

of

..........................................................................

Defendant

....................................................................................

of

..........................................................................

Third Party

TAKE NOTICE that these proceedings have been brought by the Plaintiff against the Defendant. The Plaintiff claims against the Defendant*

as appears on the (civil summons) (notice of application) a copy of which is delivered herewith.

The Defendant claims against you to be indemnified against the Plaintiff's claim and the costs of these proceedings or contribution to the extent of the Plaintiff's claim (or) the following relief or remedy, namely,

on the grounds that†

IF YOU DISPUTE THE CLAIM, then, within ten days of the service upon you of this notice (exclusive of the day of service), detach and complete the two forms of Notice of Intention to Defend at the end of this notice, give or send by post one to the Clerk

of the Court at

...........................................................................................................................................

and the other to the Defendant or solicitor for the Defendant.

IF YOU GIVE OR SEND THESE NOTICES, the Clerk will notify you of the place, where and the time and date when you and your witnesses (if any) should attend for the Court hearing of the claim.

‡IF YOU PAY THE CLAIM AND COSTS as stated above to the Defendant or solicitor for Defendant before the expiration of ten days from the date of service upon you of this Notice, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

‡Delete where inapplicable

‡IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Defendant's Solicitor within 10 days after the service upon you of this notice and sign a consent.

Dated this

day of

19

Signed

....................................................................

Defendant or Solicitor for

Defendant

of

To

of

(Third Party)

NOTICES OF INTENTION TO DEFEND as in Form 42.3

*State briefly nature of claim

†State briefly grounds of claim

‡Delet where inapplicable

No. 42.2

O.42, r.1

THIRD PARTY NOTICE

District Court Area of

District No.

Between

....................................................................................

of

..........................................................................

Plaintiff

....................................................................................

of

..........................................................................

Defendant

...................................................................................

of

..........................................................................

Third Party

TAKE NOTICE that these proceedings have been brought by the Plaintiff against the Defendant. The Plaintiff claims against the Defendant*

as appears on the (civil summons) (notice of application) copy of which is delivered herewith.

The Defendant claims that the following question or issue†

should be determined not only as between the Plaintiff and the Defendant but also as between the Plaintiff and the Defendant and you.

IF YOU DISPUTE THE CLAIM, then, within ten days of the service upon you of this notice (exclusive of the day of service) detach and complete the two forms of Notice of Intention to Defend at the end of this notice, give or send by post one to the Clerk

of the Court at

.........................................................................................................................................

and the other to the Defendant or Solicitor for Defendant.

IF YOU GIVE OR SEND THESE NOTICES, the Clerk will notify you of the place where and the time and date when you and your witnesses (if any) should attend for the Court hearing of the claim

‡IF YOU PAY THE CLAIM AND COSTS as stated above to the Defendant or Solicitor for Defendant before the expiration of ten days from the date of service upon you of this Notice all further proceedings will be stayed and you will avoid further costs.

‡IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the Defendant's Solicitor within 10 days after the service upon you of this notice and sign a consent.

Dated this

day of

19

Signed

...................................................................

Defendant or Solicitor for

Defendant

of

To

of

(Third Party)

NOTICES OF INTENTION TO DEFEND as in Form 42.3

*State briefly nature of claim

† State briefly question or issue tobe determined

‡Delete if inapplicable

No. 42.3

O.42, r.6

NOTICE OF INTENTION TO DEFEND

(To be given or sent to the Defendant or Solicitor for Defendant)

District Court Area of

District No.

Between

...................................................................................

of

..........................................................................

Plaintiff

...................................................................................

of

..........................................................................

Defendant

...................................................................................

of

..........................................................................

Third Party

The Third Party intends to defend *(the Defendant's claim against him/her)

*(the Plaintiff's claim against the Defendant)

Dated this

day of

19

Signed

.......................................................................

Third Party or Solicitor for Third

Party

To the Defendant or Defendant's Solicitor,

of

NOTICE OF INTENTION TO DEFEND

(To be given or sent to the District Court Clerk)

District Court Area of

District No.

Between

....................................................................................

of

..........................................................................

Plaintiff

...................................................................................

of

..........................................................................

Defendant

...................................................................................

of

..........................................................................

Third Party

The Third Party intends to defend *(the Defendant's claim against him/her)

*(the Plaintiff's claim against the Defendant)

Dated this

day of

19

Signed

..........................................................................

Third Party or Solicitor for Third

Party

To the Clerk of the District Court

at

*Delete where inapplicable

No 42.4

O.42 r.6

NOTICE OF HEARING

District Court Area of

District No.

....................................................................................................................................................................

Plaintiff

....................................................................................................................................................................

Defendant

....................................................................................................................................................................

Third Party

TAKE NOTICE that the above proceedings have been listed for hearing at the sitting

of the District Court to be held at

.....................................................................................................

on the day of 19 , at a.m./p.m.

Dated this

day of

19

Signed

....................................................................

Clerk of the District Court

To

of

Third Party or Solicitor for Third Party

No. 42.5

O.42. r.11

STATEMENT OF CLAIM

District Court Area of

District No.

Between

...................................................................................

of

..........................................................................

Plaintiff

...................................................................................

of

..........................................................................

Defendant

...................................................................................

of

..........................................................................

Third Party

TAKE NOTICE that at the hearing of the above-named proceedings the above Defendant's claim against you will be as follows—

*(Set out nature and grounds of claim or of the question or issue to be determined)

Dated this

day of

19

Signed

....................................................................

Defendant or Solicitor for

Defendant

To

of

No. 44.1

O.44, r.1 (1)

SUMMONS FOR WITNESS

District Court Area of

District No.

Between

...................................................................................................................................................................

Plaintiff

- and -

....................................................................................................................................................................

Defendant

YOU ARE HEREBY REQUIRED to attend and give evidence in these proceedings at the sitting of the District Court for the hearing of civil proceedings to be held at

........................................................................................................................................................................

on the day of 19 at m. and so from day to day until these proceedings are disposed of, and there to produce (specify the documents to be

produced, if any)

on behalf of the

Dated this

day of

19

Signed

..........................................................................

Judge of the District Court

(or)

Clerk of the District Court

(or)

Peace Commissioner

To

of

No. 45.1

O.45,r.2 (1) (a)

AFFIDAVIT OF DEBT

(excepting proceedings instituted in pursuance of the Consumer Credit Act, 1995 )

District Court Area of

District No.

Between

...................................................................................................................................................................

Plaintiff

- and -

.................................................................................................................................................................

Defendant(s)

I,

..........................................................................

of

............................................................................

in the County of

................................................................................................................................

aged years and upwards make OATH and say as follows:—

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 summons herein claiming the sum of £ was served upon the Defendant on the day of 19 .

3. No Notice of Intention to Defend the said civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.

4. *No sum whatever *! the sum of £ only/has been paid on foot of the claim herein since the service of the said civil summons 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. Value-added tax *is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at

...........................................

in the County of this day

of 19 , and I know the

deponent.

...........................................................................

...........................................................................

Deponent

Commissioner for Oaths

CERTIFICATE

It is hereby certified as follows—

That * no sum whatever */ the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendant to the Plaintiff.

That no Notice of Intention to Defend this civil summons has been received by the Plaintiff or Solicitor for Plaintiff.

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 *(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).

*Delete where inapplicable

No. 45.2

O.45,r.2 (1) (a)

AFFIDAVIT OF DEBT

(in proceedings instituted in pursuance of a Hire-Purchase Agreement)

District Court Area of

District No.

Between

...................................................................................................................................................................

Plaintiff

- and -

..................................................................................................................................................................

Defendant(s)

I,

.............................................................

of

............................................................................

in the County of

.............................................................................................................................................

aged years and upwards make OATH and say as follows:—

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 summons herein claiming the sum of £ was served upon the *(first named) Defendant on the day of 19 *(and upon the second named Defendant on the day of 19 .)

3. No Notice of Intention to Defend the said civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.

4. *No sum whatever */ the sum of £ only/has been paid on foot of the claim herein since the service of the said civil summons 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 agreements) was/were duly executed by the Defendant(s)

7. The Plaintiff is the owner of the said goods.

8. The provisions of sections 57 and 58 of the Consumer Credit Act, 1995 were complied with in respect of the said transaction(s).

9. Value-added tax *is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not/recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at

...................................................................

in the County of this day

of 19 , and I know the

deponent.

...........................................................................................

............................................................................

Deponent

Commissioner for Oaths

CERTIFICATE

It is hereby certified as follows:—

That *no sum whatever */ the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendant to the Plaintiff.

That no Notice of Intention to Defend this civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.

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 *(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).

*Delete where inapplicable

†Name of person witnessing defendant's signature

No. 45.3

O.45,r.2 (1) (a)

AFFIDAVIT OF DEBT

(in proceedings instituted in pursuance of a Hire-Purchase Agreement which has been assigned to the plaintiff)

District Court Area of

District No.

Between

.................................................................................................................................................................

Plaintiff

- and -

.................................................................................................................................................................

Defendant(s)

I,

.........................................................................

of

............................................................................

in the County of

............................................................................................................................................

aged years and upwards make OATH and say as follows:—

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) iii this action. The facts herein stated are within my own knowledge save where otherwise appears.

2. The civil summons herein claiming the sum of was served upon the *(first named) Defendant on the day of 19 *(and upon the second named Defendant on the day of 19 ).

3. No Notice of Intention to Defend the said civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.

4. *No sum whatever */the sum of £ only/has been paid on foot of the claim herein since the service of the said civil summons 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 Defendants) was/were 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 agreements) was/were 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 sections 57 and 58 of the Consumer Credit Act, 1995 were complied with in respect of the said transaction(s).

11. Value-added tax *is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not/recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at...................................................

in the County of this day

of 19 , and I know the deponent.

...........................................................................................

...........................................................................

Deponent

Commissioner for Oaths

CERTIFICATE

It is hereby certified as follows:—

That *no sum whatever */ the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendants) to the Plaintiff.

That no Notice of Intention to Defend this civil summons has been received by the Plaintiff or Solicitor for the Plaintiff.

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 *(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).

*Delete where inapplicable

† Name of person witnessing defendant's signature

No. 45.4

O.45,r.2 (1) (a)

AFFIDAVIT OF DEBT

(in proceedings instituted in pursuance of a Credit-Sale Agreement)

District Court Area of

District No.

Between

..................................................................................................................................................................

Plaintiff

- and -

..................................................................................................................................................................

Defendant(s)

I,

.............................................................

of

............................................................................

in the County of

............................................................................................................................................

aged years and upwards make OATH and say as follows:—

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 summons herein claiming the sum of £ was served upon the *(first named) Defendant on the day of 19 *(and upon the second named Defendant on the day of 19 .)

3. No Notice of Intention to Defend the said civil summons has been received by the Plaintiff or Solicitor for Plaintiff.

4. *No sum whatever */the sum of only/has been paid on foot of the claim herein since the service of the said civil summons and the sum of is now actually due and owing by the Defendants) 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 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 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 agreements) was/were duly executed by the Defendant(s).

7. The provisions of Part III of the Consumer Credit Act, 1995 , were complied with in respect of the said transaction(s).

8. Value-added tax *is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not/recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at...................................................

in the County of this day

of 19 , and I know the deponent.

...........................................................................................

...........................................................................

Deponent

Commissioner for Oaths

CERTIFICATE

It is hereby certified as follows:—

That *no sum whatever */the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendants) to the Plaintiff.

That no Notice of Intention to Defend this civil summons has been received by the

Plaintiff or Solicitor for Plaintiff.

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 *(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).

*Delete where inapplicable

†Name of person witnessing, defendant's signature

No. 45.5

O.45,r.2 (1) (a)

AFFIDAVIT OF DEBT

(in proceedings instituted in pursuance of the Credit Agreement)

District Court Area of

District No.

Between

...................................................................................................................................................................

Plaintiff

- and -

.................................................................................................................................................................

Defendant(s)

I,

.............................................................

of

............................................................................

in the County of

.............................................................................................................................................

aged years and upwards make OATH and say as follows:—

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 summons herein claiming the sum of £ was served upon the *(first named) Defendant on the day of 19 *(and upon the second named Defendant on the day of 19 ).

3. No Notice of Intention to Defend the said civil summons has been received by the Plaintiff or Solicitor for Plaintiff.

4. *No sum whatever */the sum of £ only/has been paid on foot of the claim herein since the service of the said civil summons and the sum of £ is now actually due and owing by the Defendants) 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 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 agreement 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 was duty executed by the Defendant(s).

*7. The Plaintiff is a licensed moneylender.

8. The provisions of Part III of the Consumer Credit Act, 1995 , were complied with in respect of the said transaction.

9. Value-added tax *is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not/recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at...................................................

in the County of this day

of 19 , and I know the deponent.

...........................................................................................

...........................................................................

Deponent

Commissioner for Oaths

CERTIFICATE

It is hereby certified as follows:—

That *no sum whatever I*the sum of £ ......... only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ ......... is now actually due by the Defendants) to the Plaintiff.

hat no Notice of Intention to Defend this civil summons, has been received by the Plaintiff or Solicitor for Plaintiff.

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. *(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).

*Delete where inapplicable

No. 45.6

O.45,r.2 (1) (a)

AFFIDAVIT OF DEBT

(in proceedings instituted in pursuance of a Consumer-Hire Agreement)

District Court Area of

District No.

Between

..................................................................................................................................................................

Plaintiff

- and -

.....................................................................................................................................

Defendant(s)

I,

.........................................................................

of

............................................................................

in the County of

.............................................................................................................................................

aged years and upwards make OATH and say as follows:—

1. I am the Plaintiff (or the -state capacity in which deponent makes the Affidavit - of the Plaintiff and 1 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 summons herein claiming the sum of £ was served upon the *(firstnamed) Defendant on the day of 19 *(and upon the second named Defendant on the day of 19 ).

3. No Notice of Intention to Defend the said civil summons has been received by the Plaintiff or Solicitor for Plaintiff.

4. *No sum whatever */the sum of £ only/has been paid on foot of the claim herein since the service of the said civil summons and the sum of £ is now actually due and owing by the Defendants) 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 consumer-hire 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 agreement 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 was duly executed by the Defendant(s).

7. The provisions of Part III of the Consumer Credit Act, 1995 , were complied with in respect of the said transaction.

8. Value-added tax *is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not/recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at...................................................

in the County of this day

of 19 , and I know the deponent.

...........................................................................................

...........................................................................

Deponent

Commissioner for Oaths

CERTIFICATE

It is hereby certified as follows:—

That *no sum whatever I*the sum of £ only/has been paid on foot of the claim herein since the service of the civil summons herein and that the sum of £ is now actually due by the Defendants) to the Plaintiff.

That no Notice of Intention to Defend this civil summons, has been received by the Plaintiff or Solicitor for Plaintiff.

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. *(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).

*Delete where inapplicable

† Name of person witnessing defendant's signature

No. 45.7

O.45,r.2 (1) (c)

AFFIDAVIT EXHIBITING A CONSENT TO PAYMENT BY INSTALMENTS

(excepting proceedings instituted in pursuance of the Consumer Credit Act, 1995 )

District Court Area of

District No.

Between

..................................................................................................................................................................

Plaintiff

- and -

..................................................................................................................................................................

Defendant(s)

I,

.........................................................................

of

............................................................................

in the County of

............................................................................................................................................

aged years and upwards make OATH and say as follows:—

1. I was present and I saw the above-named Defendant execute the within consent.

2. Value-added tax '"is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not/recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at ...................................................

in the County of this day

of 19 , and I know the deponent.

...........................................................................................

...........................................................................

Deponent

Commissioner for Oaths

CONSENT TO PAYMENT BY INSTALMENTS

The Defendant hereby admits that he/she is liable to the Plaintiff in the sum of £ /images/en.si.1997.0093.0019.jpg in the civil summons served upon him/her on the day of 19 and consents to pay the said sum of £ together with the sum of for costs *(and value-added tax) 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/her in payment of any one or more of such instalments that the whole balance of the said debt and costs *(and value-added tax) then remaining unpaid shall immediately become due and payable by him/her.

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.

*Delete where inapplicable

No. 45.8

O.45,r.2 (1) (c)

AFFIDAVIT EXHIBITING A CONSENT TO JUDGMENT

District Court Area of

District No.

Between

.................................................................................................................................................................

Plaintiff

- and -

..................................................................................................................................................................

Defendant(s)

I,

.........................................................................

of

............................................................................

in the County of

............................................................................................................................................

aged years and upwards make OATH and say as follows:—

1. I was present and I saw the above-named Defendant execute the within consent.

2. Value-added tax *is/*is not/payable by the Plaintiff on the costs of the within proceedings (and any such value-added tax *is/*is not/recoverable by the Plaintiff from the Revenue Commissioners).

Sworn before me at...........................................................

in the County of this day

of 19 , and I know the deponent.

...........................................................................

...........................................................................

Deponent

Commissioner for Oaths

CONSENT TO JUDGMENT

The Defendant hereby admits that he/she is liable to the Plaintiff in the sum of £

/images/en.si.1997.0093.0019.jpg in the civil summons served upon him/her on the

day of 19 and consents to the entry of judgment against him/her accordingly with the appropriate costs *(and value-added tax).

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. *(and claims the recovery of value-added tax payable by the Plaintiff on the said costs).

*Delete where inapplicable

No. 45.9

O.45,r.2 (1) (d)

DECREE (SUMMARY JUDGMENT)

(excepting proceedings instituted in pursuance of Consumer Credit Act, 1995 )

District Court Area of

District No.

Between

..........................................................................................................................................................................................

of ...........................................................................................................................................................................................

in the County of

(description of Plaintiff)

Plaintiff

- and -

.............................................................................................................................................................................

of .............................................................................................................................................................................

in the County of .............................................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING

1. that a civil summons for a debt or liquidated money demand was duly served upon the Defendants) claiming £ for

2. that the Defendants) failed to give or send Notice of Intention to Defend such civil summons:

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 Defendants) is/are justly indebted to the Plaintiff in the sum of £ .

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendants) the said sum of £ for debt, the sum of £ for costs *(and value-added tax),

AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendants) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the † debt (exclusive of the costs and tax) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840,

Dated this

day of

19

Signed

......................................................

Judge of the District Court

Signed

......................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be added)

*Delete where inapplicable

† If the debt exceeds £150

No. 45.10

O.45,r.2 (1) (d)

DECREE (SUMMARY JUDGMENT)

(in proceedings instituted in pursuance of a Hire-Purchase Agreement)

District Court Area of

District No.

Between

..........................................................................................................................................................................................

of ...........................................................................................................................................................................................

in the County of

(description of Plaintiff)

Plaintiff

- and -

.............................................................................................................................................................................

of .............................................................................................................................................................................

in the County of .............................................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING

1. that a civil summons for a debt or liquidated money demand was duly served upon the Defendants) claiming £ ;,

2. that the said claim is due by the *(first named) Defendant on toot 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 Defendants) failed to give or send Notice of Intention to Defend such civil summons;

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 Defendants) is/are justly indebted to the Plaintiff in the sum of £ .

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendants) the said sum of £ for debt, the sum of £ for costs *(and value-added tax),

AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendants) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the † debt (exclusive of the costs and tax) at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840.

Dated this

day of

19

Signed

......................................................

Judge of the District Court

Signed

......................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be added)

*Delete where inapplicable

† If the debt exceeds £150

No. 45.11

O.45,r.2 (1) (d)

DECREE (SUMMARY JUDGMENT)

(in proceedings instituted in pursuance of a Hire-Purchase Agreement which has been

assigned to the Plaintiff)

District Court Area of

District No.

Between

.......................................................................................................................................................................

of....................................................................................................................................................................

in the County of ..........................................................................................................................................

(description of Plaintiff)

.................................................................................................................................................................

Plaintiff

- and -

......................................................................................................................................................................................

of .................................................................................................................................................................................

in the County of .......................................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING

1. that a civil summons for a debt or liquidated money demand was duly served upon the Defendant(s) claiming £ ,

2. that the said claim is due by the *(first named) Defendant on foot of a hire-purchase agreeent 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 the day of 19 the said Defendants) was/were notified of the said assignment;

4. that the Defendants) failed to give or send Notice of Intention to Defend such civil summons;

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 Defendants) is/are justly indebted to the Plaintiff in the sum of £ .

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendants) the said sum of £ for debt, the sum of £ for costs *(and value-added tax),

AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendants) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the † debt (exclusive of the costs and tax) at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840.

Dated this

day of

19

Signed

.................................................................

Judge of the District Court

Signed

.................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be added)

*Delete where inapplicable

(a) Original owner

† If the debt exceeds £150

No. 45.12

O.45, r.2 (1) (d)

DECREE (SUMMARY JUDGMENT)

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF A CREDIT-SALE

AGREEMENT)

District Court Area of

District No.

Between

..........................................................................................................................................................................

of ......................................................................................................................................................................

in the County of .............................................................................................................................................

(description of Plaintiff)

..................................................................................................................................................................

Plaintiff

- and -

...................................................................................................................................................................................

of ..............................................................................................................................................................................

in the County of ....................................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING

1. that a civil summons for a debt or liquidated money demand was duly served upon the Defendants) 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 Defendants) failed to give or send Notice of Intention to Defend such civil summons:

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 Defendants) is/are justly indebted to the Plaintiff in the sum of £

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendants) the said sum of £ for debt, the sum of £ for costs *(and value-added tax),

AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendants) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the †debt, (exclusive of the costs and tax) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840.

Dated this

day of

19

Signed

..............................................................

Judge of the District Court

Signed

.................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be added)

*Delete where inapplicable

† If the debt exceeds £150

No. 45.13

O.45, r.2 (1) (d)

DECREE (SUMMARY JUDGMENT)

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF A CREDIT

AGREEMENT)

District Court Area of

District No.

Between

.............................................................................................................................................................................

of .........................................................................................................................................................................

in the County of ................................................................................................................................................

(description of Plaintiff)

Plaintiff

- and -

..............................................................................................................................................................................

of ..........................................................................................................................................................................

in the County of ..................................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING

1. that a civil summons for a debt or liquidated money demand was duly served upon the Defendants) claiming £

2. that the said claim is due by the Defendants) 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 Defendants) of the other part;

3. that the Defendants) failed to give or send Notice of Intention to Defend such civil summons.

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 Defendants) is/are justly indebted to the Plaintiff in the sum of £

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendants) the said sum of £ for debt, the sum of £ for costs *(and value-added tax)

AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendants) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the †debt (exclusive of the said costs and tax) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840,

Dated this

day of

19

Signed

...............................................................

Judge of the District Court

Signed

.................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be added)

*Delete where inapplicable

† If the debt exceeds £150

No. 45.14

O.45, r.2 (1) (d)

DECREE (SUMMARY JUDGMENT)

(IN PROCEEDINGS INSTITUTED IN PURSUANCE OF A CONSUMER-HIRE

AGREEMENT)

District Court Area of

District No.

Between

............................................................................................................................................................................

of .......................................................................................................................................................................

in the County of ..............................................................................................................................................

(description of Plaintiff)

Plaintiff

- and -

...........................................................................................................................................................................

of .......................................................................................................................................................................

in the County of .............................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING

1. that a civil summons for a debt or liquidated money demand was duly served upon the Defendants) claiming £

2. that the said claim is due by the Defendants) 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 Defendants) of the other part;

3. that the Defendants) failed to give or send Notice of Intention to Defend such civil summons.

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 Defendants) is/are justly indebted to the Plaintiff in the sum of £

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendants) the said sum of £ for debt, the sum of £ for costs *(and value-added tax)

AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendants) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the † debt (exclusive of the said costs and tax) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840,

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

...............................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be addded)

*Delete where inapplicable

† If the debt exceeds £150

No. 45.15

O.45, r.2 (1) (d)

INSTALMENT DECREE (SUMMARY JUDGMENT)

District Court Area of

District No.

Between

..............................................................................................................................................................................

of

...................................................................................................................................................................

in the County of

...........................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

..........................................................................................................................................................................

of

................................................................................................................................................................

in the County of

........................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING

1. that a civil summons for a debt or liquidated money demand was duly served upon the Defendant(s) claiming £ for

2. that the Defendant(s) failed to give or send Notice of Intention to Defend such civil summons.

AND IT FURTHER APPEARING that the Defendant(s) signed a consent dated day of 19 and from the Affidavit of ......................................... *(on behalf of) the Plaintiff, verifying same, sworn the day of 19 that 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 Defendants) the said sum of £ for debt together with the sum of £ for costs *(and value-added tax) 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 Defendants) in payment of any one or more of such instalments IT IS ORDERED AND DECREED that the Defendants) 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 Defendants) to satisfy the said debt and costs *(and value-added tax).

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be addded)

*Delete where inapplicable

No. 45.16

O.45, r.3 (1)

NOTICE OF MOTION FOR REVIEW OF JUDGMENT

District Court Area of

District No.

Between

...............................................................................................................................................................

Plaintiff

-and -

...............................................................................................................................................................

Defendant(s)

TAKE NOTICE that application will be made at the sitting of the District Court to

be held at

.......................................................................................................................................................

on the day of 19 at a.m./p.m. 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 Clerk of the District Court

at

To Plaintiff or Solicitor for Plaintiff

of

*Delete where inapplicable

No. 46.1

O.46, r.7 (2)

INSTALMENT DECREE

District Court Area of

District No.

Between

...............................................................................................................................................................................

of

....................................................................................................................................................................

in the County of

............................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.............................................................................................................................................................................

of

..................................................................................................................................................................

in the County of

..........................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the said Court for the hearing of Civil Proceedings held at on the day of 19 against the Defendant claiming £ for

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the said Defendant and that the said Defendant is justly indebted to the Plaintiff in the sum of £

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the Defendant the said sum of £ for debt together with the sum of £ for costs *(and value-added tax) and the sum of £ for witnesses' expenses and that execution on foot of said decree be stayed provided the Defendant pays the full sum of £ 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 in payment of any one or more of such instalments IT IS FURTHER ORDERED AND DECREED that the said stay shall cease and that the Defendant do forthwith pay to the Plaintiff the whole balance of the said sum, costs and witnesses' expenses 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 to satisfy the said debt, costs *(and value-added tax) and witnesses' expenses.

Dated this

day of

19

Signed

..................................................................

Judge of the District Court

Signed

.................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be addded)

*Delete where inapplicable

No. 46.2

O.46, r.9

DECREE

(where costs by way of recoupmenf are ordered to be paid)

District Court Area of

District No.

Between

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.............................................................................................................................................................................

of

..................................................................................................................................................................

in the County of

...........................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

- and -

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(description of Defendant)

Defendant(s)

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at on the day of 19 against the said Defendants and that the first named Defendant is justly indebted to the Plaintiff in the sum of £ for

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the said Defendants and that the said Plaintiff has failed to prove his/her claim against the second named Defendant.

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff do recover from the first named Defendant the said sum of £ for debt and the sum of £ for costs *(and value-added tax) and £ for witnesses' expenses:

AND WHEREAS the civil summons against the second named Defendant was dismissed *(on the merits) *(without prejudice) and it was ordered that the second named Defendant recover against the Plaintiff the sum of £ for costs *(and value-added tax) and witnesses' expenses of the Dismiss:

AND WHEREAS the Plaintiff has paid the said sum of £ to the second-named Defendant on foot of said Dismiss:

NOW IT IS FURTHER ORDERED that the first named Defendant against whom the Plaintiff has succeeded, do pay to the Plaintiff by way of recoupment the said sum of £ for costs *(and value-added tax) and witnesses' expenses which the Plaintiff was ordered to pay and has paid to the second named Defendant against whom the Plaintiff has failed, making the sum to be paid to the Plaintiff by the first named Defendant the total sum of £

And all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the first named Defendant to satisfy the said last-mentioned sum for debt, costs *(value-added tax) and witnesses' expenses.

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be addded)

*Delete where inapplicable

No. 46.3

O.46, r.12

ORDINARY DECREE

District Court Area of

District No.

Between

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.......................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at ................ on the day of 19 against the Defendant(s) claiming £ for

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the said Defendant(s) and that the said 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 £ for debt, the sum of £ for costs *(and value-added tax) and the sum of £ for witnesses' expenses

AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said debt, costs *(and value-added tax), expenses, and interest from the date hereof on the †debt (exclusive of the said costs, tax and expenses) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840,

Dated this

day of

19

Signed

.................................................................

Judge of the District Court

Signed

................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be addded)

*Delete where inapplicable

† If the debt exceeds £150

No. 46.4

O.46, r.12

DECREE

(in proceedings by an owner to recover goods solely or together with any other claim

under a Hire-Purchase/Consumer-Hire Agreement)

District Court Area of

District No.

Between

........................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

....................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

- and -

.....................................................................................................................................................................

of

..........................................................................................................................................................

in the County of

..................................................................................................................................

(description of Defendant)

Defendant(s)

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held aton the day of 19 against *(first named) Defendant for the recovery of certain goods namely:—

and against *(both) Defendant(s) for the sum of £ due by the *(first named)

Defendant under a hire-purchase/consumer-hire agreement in writing dated day of

19 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 said second named Defendant of the other part):

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the Defendant(s) and that the Plaintiff is entitled to recovery of the said goods as therein claimed and to the said sum of £ as also therein claimed:

IT IS THEREFORE ORDERED AND DECREED BY THE COURT that the Plaintiff do recover from the *(first-named) Defendant the said goods and *(do recover from the Defendants the said sum of £ for debt) the sum of £ for costs *(and value-added tax) and the sum of £ for witnesses' expenses,

AND all Sheriffs and County Registrars are hereby commanded to take the said goods, namely,

from the *(first-named) Defendant and to deliver same to the said Plaintiff, and are further commanded to take in execution the goods of the Defendant(s) to satisfy the said *(debt), costs *(and value-added tax), expenses, *(and interest from the date hereof on the †debt (exclusive of the costs, tax and expenses) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840).

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be addded)

*Delete where inapplicable

† If the debt exceeds £150

No 46.5

O.46, r.12

DECREE

(in proceedings by an assignee to recover goods solely or together with any other claim under a Hire-Purchase/Consumer-Hire Agreement)

District Court Area of

District No.

Between

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.......................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant(s)

- and -

.........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

(description of Defendant)

Defendant(s)

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at on the day of 19 against *(first named) Defendant for the recovery of certain goods namely:—

and against *(both) Defendant(s) for the sum of £ due by the *(first named)

Defendant under a hire-purchase/consumer-hire agreement in writing dated day of

19 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 said second named Defendant of the other part):

By assignment dated day of 19 the said (a)

assigned his/her/their interest in the said hire-purchase/consumer-hire agreement and guarantee and/or indemnity to the Plaintiff; by notice dated day of 19 the Defendant(s) was/were notified of the said assignment:

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the Defendant(s) and that the Plaintiff is entitled to recovery of the said goods as therein claimed and to the said sum of £ as also therein claimed:

IT IS THEREFORE ORDERED AND DECREED BY THE COURT that the Plaintiff do recover from the *(first-named) Defendant the said goods and *(do recover from the Defendants the said sum of £ for debt) the sum of £ for costs *(and value-added tax) and the sum of £ for witnesses' expenses,

AND all Sheriffs and County Registrars are hereby commanded to take the said goods, namely,

from the *(first-named) Defendant and to deliver same to the said Plaintiff, and are further commanded to take in execution the goods of the Defendant(s) to satisfy the said *(debt), costs *(and value-added tax), expenses, *(and interest from the date hereof on the †debt (exclusive of the costs, tax and expenses) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act, 1840)

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

.................................................................

Plaintiff or Solicitor for Plaintiff.

(County Registrar's warrant to be addded)

*Delete where inapplicable

(a) Original owner

† If the debt exceeds £150

No. 46.6

O.46, r.13

DISMISS

District Court Area of

District No.

Between

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.....................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

...................................................................................................................................

*(and court area and district aforesaid)

(description of Defendant)

Defendant

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at on the day of 19 against the Defendant claiming £ for

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the said Defendant and that the Plaintiff failed to prove the claim.

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff's civil summons be and the same is hereby DISMISSED (state whether "on the merits" or "without prejudice") that the Defendant do recover against the Plaintiff the sum of £ for costs *(and value-added tax) and witnesses' expenses of the DISMISS: and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Plaintiff to satisfy the said costs *(and value-added tax) and witnesses' expenses.

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

................................................................

Defendant or Solicitor for

Defendant

(County Registrar's warrant to be addded)

*Delete where inapplicable

No. 47.1

O.47, r.2

CIVIL SUMMONS

(EJECTMENT FOR OVERHOLDING)

District Court Area of

District No.

Between

.........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.......................................................................................................................................................................

- and -

.......................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

and court area and district aforesaid

(description of Defendants)

Defendants

WHEREAS the first named Defendant lately held

(here describe premises and where situate)

in the court area and district aforesaid as tenant to the Plaintiff under

(describe contract of tenancy)

at the rent of which tenancy was determined on the day

of last by

(Notice to Quit)

(Or state other means by which tenancy was determined)

AND WHEREAS the several Defendants are in the actual possession of the premises and no other person is in possession of any part thereof as tenant or under tenant.

The Defendants, therefore, and all persons claiming to have any interest in the premises are hereby required personally to appear at the sitting of the District Court for the

hearing of civic proceedings to be held at

....................................................................................

in court area and district aforesaid on the day of 19 at a.m./p.m. to answer the Plaintiff's civil summons for recovery of possession of the premises by reason of the matters aforesaid.

Dated this

day of

19

.

Signed

..........................................................

Plaintiff or Solicitor for Plaintiff

To

of

and

To

of

the above named Defendants

No. 47.2

O.47, r.3

CIVIL SUMMONS

(EJECTMENT AGAINST A PERMISSIVE OCCUPANT)

(14 & 15 Vict., Cap 57, Section 82)

District Court Area of

District No.

Between

.......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

....................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

......................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

...................................................................................................................................

and court area and district aforesaid

(description of Defendants)

Defendant

WHEREAS the Defendant is in occupation or possession of the (lands of ) the property of the Plaintiff, as caretaker (or as servant, or permissive occupant or as the case may be).

AND WHEREAS the Plaintiff on the day of 19 demanded possession of the said premises from the Defendant, and the Defendant refused or omitted to quit and deliver up possession, and has since the said day kept possession of the same from the Plaintiff.

The Defendant is, therefore, hereby required personally to appear at the sitting of the District Court for the hearing of civil proceedings to be held at ......................................... in court area and district aforesaid on

the day of 19 at a.m./p.m. to answer the Plaintiff's civil summons for the withholding of the possession of the premises in the manner aforesaid.

Dated this

day of

19

.

Signed

.........................................................

Plaintiff or Solicitor for Plaintiff

To

of

the above named Defendant

No. 47.3

O.47, r.4

CIVIL SUMMONS

(EJECTMENT FOR NON-PAYMENT OF RENT)

District Court Area of

District No.

Between

......................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

...................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

......................................................................................................................................................................

- and -

......................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

...................................................................................................................................

and court area and district aforesaid

(description of Defendants)

Defendants

WHEREAS the First named Defendant holds

(describe premises and where situate)

in the court area and district aforesaid as tenant to the Plaintiff under

(describe contract of tenancy)

at the yearly rent of £

AND WHEREAS the sum of £ of the said rent, being one full year's rent and

arrears of rent

(state amount of rent and the last gale day up to which due)

became and is still due to the Plaintiff in respect of the said premises.

(AND WHEREAS the second named Defendant is in actual possession of the premises as under tenant thereof, and no other person is in such possession)

The Defendants, therefore, and all persons having or claiming any interest in the premises are hereby required personally to appear at the sitting of the District Court for the hearing of civil proceedings to be held at ..........................................................................in court area and district aforesaid on the day

of 19 at .m. to answer the Plaintiff's civil summons for recovery of the possession of the premises by reason of the matters aforesaid.

Dated this

day of

19

.

Signed

.....................................................

Plaintiff or Solicitor for Plaintiff

(To be endorsed)

The Plaintiff claims, after all just and fair allowances up to the time of bringing this ejectment £ , being for years rent and arrears of rent (state period for which rent due and last gale day up to which due).

the times at which the same accrued due being as follows:—

Rent due and ending the

day of

19

£

Rent due and ending the

day of

19

£

And if the amount thereof be paid to the Plaintiff or the Plaintiff's Solicitor, together with the sum of £ in respect of all costs of such ejectment proceedings before entry of this civil summons, or within three days after the service of this civil summons, all further proceedings will be stayed.

Dated this

day of

19

.

Signed

...........................................................

Plaintiff or Solicitor for Plaintiff

To

of

and

To

of

the above named Defendants

No. 47.4

O.47, r.7

DECREE

(EJECTMENT FOR OVERHOLDING)

District Court Area of

District No.

Between/

..........................................................................................................................................................................

of

................................................................................................................................................................

in the County of

........................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

....................................................................................................................................

and court area and district aforesaid

(description of Defendants)

Defendant

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at on the day of 19 praying to be put into possession of

(describe premises and where situated)

in the possession of the Defendant, which civil summons was brought on the ground that the Defendant overheld the said premises:

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served requiring the Defendant and all persons claiming any interest in the said premises to appear at the said Court to answer said civil summons:

AND IT APPEARING that said premises were held by the Defendant from the Plaintiff at the rent of £ and that Defendant's interest therein determined on the day of 19 by

(set out mode of determination)

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff be put into possession of the said premises, and the Sheriff or County Registrar of the County in which such premises are situate is hereby commanded to put the Plaintiff into possession of the said premises.

IT IS FURTHER ORDERED AND DECREED that the Plaintiff do recover from the said Defendant the sum of £ for costs (and value-added tax) and witnesses' expenses, and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant to satisfy the said costs (and value-added tax) and witnesses' expenses.

Dated this

day of

19

Signed

...............................................................

Judge of the District Court

Signed

...............................................................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be addded)

No. 47.5

O.47, r.8

DECREE

(PERMISSIVE OCCUPANT)

District Court Area of

District No.

Between/

.........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.......................................................................................................................................................................

of

............................................................................................................................................................

in the County of

....................................................................................................................................

and court area and district aforesaid

(description of Defendants)

Defendant

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at on the day of 19 , against the Defendant, for the recovery of possession of

(describe premises and where situated).

which were in the occupation (or possession) of the Defendant by permission of the Plaintiff as caretaker (or servant, or permissive occupant, or as the case may be) and which the Defendant refused to deliver up on a demand for possession being made,

AND IT FURTHER APPEARING TO THE COURT that the Defendant was in occupation (or possession) of the said premises as caretaker (or servant, or permissive occupant, or tenant strictly at will, or by sufferance, or was in occupation of the said premises through or under such caretaker (or as before) and that he/she was duly required by demand made by the Plaintiff on the day of 19 , to deliver up the same to the Plaintiff but that he/she has refused (or omitted) to do so, and continues to withhold possession of the said premises from the Plaintiff,

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the said Defendant.

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff be put into possession of the said premises and the Sheriff or County Registrar of the County in which the said premises are situated is hereby commanded to put the Plaintiff into possession thereof.

AND IT IS FURTHER ORDERED AND DECREED that the Plaintiff do recover from the said Defendant the sum of £ for costs (and value-added tax) and witnesses' expenses, and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Defendant to satisfy the said costs (and value-added tax) and witnesses' expenses.

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

................................................................

Plaintiff or Solicitor for Plaintiff

(County Registrar's warrant to be addded)

No. 47.6

O.47, r.9

DECREE

(EJECTMENT FOR NON-PAYMENT OF RENT)

District Court Area of

District No.

Between/

...........................................................................................................................................................................

of

................................................................................................................................................................

in the County of

........................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

.........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

and court area and district aforesaid

(description of Defendants)

Defendant

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at on the day of 19 against the Defendant for the recovery of

(describe the premises and where situated).

held by the Defendant as tenant thereof to the Plaintiff at the yearly rent of under

(describe contract of tenancy)

which civil summons was brought on the ground that one year's rent and upwards of

said premises was in arrear and unpaid,

AND IT APPEARING TO THE COURT that the civil summons was duly served upon the Defendant and on all persons claiming any interest in the said premises,

AND IT APPEARING TO THE COURT that the said premises were held by the said Defendant as tenant thereof to the Plaintiff at the rent of £ and that the sum of £ being the amount of one year's rent and arrears of rent up to the day of 19 , was due and owing to the said Plaintiff by the said Defendant, in respect of the said tenancy, at the time of service of the said civil summons after all just and fair allowances.

AND IT FURTHER APPEARING that the sum of £ in all is due and owing by the Defendant to the Plaintiff for rent due up to the day of 19

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff be put into the possession of the said premises and the Sheriff or County Registrar of the County in which the said premises are situated is hereby commanded to put the Plaintiff into possession of the said premises.

AND IT IS FURTHER ORDERED AND DECREED that the Plaintiff do recover from the Defendant the sum of £ for costs (and value-added tax) and witnesses' expenses and all Sheriffs and County Registrars are also hereby commanded to take in execution the goods of the said Defendant to satisfy the said costs (and value-added tax) and witnesses' expenses.

Dated this

day of

19

Signed

.................................................................

Judge of the District Court

Signed

.................................................................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be addded)

No. 47.7

O.47, r.11

RECEIPT

District Court Area of

District No.

Between

............................................................................................................................................................

Plaintiff

- and -

...........................................................................................................................................................

Defendant

I hereby acknowledge receipt of £

which

....................................................................................................................................................

of

..........................................................................................................................................................

the above named Defendant, has this day deposited with me, being the sum of £

for rent and £ for costs.

Dated this

day of

19

.

Signed

............................................

Clerk of the District Court

No. 47.8

O.47, r.13

EJECTMENT DISMISS

District Court Area of

District No.

Between

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

...........................................................................................................................................................................

of

................................................................................................................................................................

in the County of

........................................................................................................................................

and court area and district aforesaid

(description of Defendants)

Defendant

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held at on the day of 19 against the Defendant for the recovery of possession of

(state premises and where situated)

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the said Defendant and that the Plaintiff failed to prove the claim to such recovery of possession,

IT IS THEREFORE ORDERED AND DECREED that the Plaintiff's civil summons be and the same is hereby dismissed (state whether "on the merits" or "without prejudice") and that the Defendant do recover from the Plaintiff the sum of £ , costs (and value-added tax) and expenses of this dismiss.

And all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the Plaintiff to satisfy the said costs (and value-added tax) and expenses.

Dated this

day of

19

Signed

................................................................

Judge of the District Court

Signed

.................................................................

Defendant or Solicitor for

Defendant

of

(County Registrar's warrant to be addded)

No. 47.9

O.47, r.14

WARRANT OF EXECUTION

(For Delivery of Possession of Premises)

District Court Area of

District No.

...........................................................................................................................................................

Plaintiff

...........................................................................................................................................................

Defendant

WHEREAS a complaint has been made that the Defendant failed or refused to quit and deliver up to the Plaintiff (on determination of the tenancy), (on demand made by the Plaintiff) the possession of ALL THAT AND THOSE situated at

in the said court area and district (or that the rent of a cottier tenement was in arrear for forty days).

(insert here the particulars of the Defendant's tenancy or possession of the premises, for example, which he/she holds from the Plaintiff, the landlord thereof, as a monthly (or weekly) tenant at a rent of

by the month (or week), in a town or village where a fair or market is usually held, or into possession of which he/she has been put by permission of the owner as caretaker; insert also particulars of the means by which the Defendant's tenancy or possession of the premises was ended, for example, the due determination of the tenancy by legal notice to quit, or demand made by the owner or his/her agent).

AND WHEREAS proof of the said (holding, or permissive possession), and of its end or determination, and of the time and manner thereof, has been duly made, and the Defendant still neglects or refuses to deliver up the possession of the said premises, and has failed to show to the satisfaction of the Court reasonable cause why possession should not be given:

An Order was made on the day of 19 by the Court against the

Defendant

of

to deliver up possession of the said premises within the period of

AND WHEREAS the said Order has not been complied with:

This is to require and authorise you to whom this Warrant is addressed to execute the

said Order against the Defendant as follows:—

To enter upon and give possession of the said premises to the Plaintiff or his/her agent

in not less than one month from the date of this warrant.

And for this the present Warrant shall be a sufficient authority to all whom it may

concern.

Dated this

day of

19

Signed

..................................................................

Judge of the District Court

To

of

and his/her Assistants.

No. 48.1

O.48, r.1 (1)

COUNTY REGISTRAR'S WARRANT

(to be added to all decrees and dismisses)

County of

I authorise and empower

.......................................................................................................................

of

..................................................................................................................................................................

and

.............................................................................................................................................................

of

...................................................................................................................................................................

or either of them and their assistants to execute the above

/images/en.si.1997.0093.0015.jpg

The sum to be levied hereunder is £ .

Given under my hand this

day of

19

.

County Registrar (Under-Sheriff) of

.............................................................................

in said County

*Delete where inapplicable

No. 48.2

O.48, r.3 (3)

RECEIPT FOR MONEY LEVIED OR PAID TO COURT' MESSENGER

Between/

..............................................................................................................................................................

Plaintiff

- and -

..............................................................................................................................................................

Defendant

I hereby certify that I have

/images/en.si.1997.0093.0016.jpg

from ..............................................................................

of .........................................................................................................................................

the above

/images/en.si.1997.0093.0017.jpg

the sum of £ on foot of a /images/en.si.1997.0093.0015.jpg

in the above-mentioned proceedings.

Dated this

day of

19

Signed

.................................................................

Court Messenger

*Delete whichever inapplicable

No. 48.3

O.48, r.4 (1), 4 (2)

NOTICE OF MOTION FOR LEAVE TO ISSUE EXECUTION

District Court Area of

District No

..............................................................................................................................................................

Plaintiff

..............................................................................................................................................................

Defendant

TAKE NOTICE that an application by

.........................................................................................

of

..........................................................................................................................................................

will be made at the sitting of the District Court to be held at

....................................................

on the day of 19 at .m. for an Order for leave to issue execution on foot of decree (or dismiss) obtained by the said Plaintiff (or Defendant) at

the District Court held at

........................................................................................................................

on the day of 19 against the said Defendant (or Plaintiff) for the sum of £ and also the sum of £

for costs (and value-added tax), the sum of £ being still due

and owing to the said

on foot of the said Decree (or Dismiss),

on the grounds that*

Dated this

day of

19

Signed

................................................................

Plaintiff/Defendant/Party Applying/(or) Solicitor for Plaintiff, Defendant, Party Applying.

To

of

*Set out reasons or state change by death or otherwise

No. 49.1

O.49,r.1

CLAIM TO GOODS TAKEN IN EXECUTION

TAKE NOTICE that on the day of 19 my goods and chattels,

that is to say

were wrongfully seized by you in execution at

..............................................................................

..................................................................................................................................................

in the County of

......................................................................................................

and that you are hereby required to return

same to me forthwith.

My address for service of documents is as stated hereunder.

Dated this

day of

19

Signed

.......................................................

Claimant

of (address for service)

in the County of

To

County Registrar of the County of

at

No. 49.2

O.49,r.2

NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION

TAKE NOTICE that

.........................................................................................................................

of

...........................................................................................................................................................

in the County of

...................................................................................................................................

has claimed the goods, that is to say

taken in execution by me, under the warrant of execution issued in the

proceedings in which you were /images/en.si.1997.0093.0017.jpg and was /images/en.si.1997.0093.0017.jpg

You are hereby called upon within two days after receiving this notice, to give me notice in writing whether you admit or dispute the title of the said

to the said goods or any of them. If by such notice you admit the title

of said

or request me to withdraw from possession, you will not be liable for any fees or expenses incurred after the receipt by me of your notice.

Dated this

day of

19

Signed

......................................................

County Registrar for the County of

To

of

in the County of

(Execution Creditor)

*Delete whichever inapplicable

No. 49.3

O.49,r.3

NOTICE OF ADMISSION OF TITLE OF CLAIMANT, OR REQUEST TO

THE COUNTY REGISTRAR TO WITHDRAW

TAKE NOTICE (that I admit the title of

......................................................................................

to the goods seized by you)

(that I request you to withdraw from possession) under the execution issued in the proceedings in which I was Plaintiff/Defendant

and

........................................................................................................................

was Defendant/Plaintiff

Dated this

day of

19

Signed

.......................................................

Execution Creditor

of

To

County Registrar for the County of

at

No. 49.4

O.49,r.4

NOTICE TO CLAIMANT TO MAKE DEPOSIT

WHEREAS you

................................................................................................................................

of

........................................................................................................................................................

in the County of

.................................................................................

have claimed the goods, that is to

say,

taken in execution by me, under the warrant of execution in the proceedings

entitled

Plaintiff

and

Defendant

TAKE NOTICE that you are required within two days after the service hereof upon you, to deposit with me the amount for which said warrant of execution was issued, videlicet, £ (or in the event of the value of the goods and chattels as determined by me, or by a valuer appointed by me, being less than the amount for which the process was issued), the sum of £ , (being the value of the said goods and chattels as determined by me) (or as determined by a valuer appointed by me) such deposit to be by me paid into Court to abide the decision of the Judge upon your claim. Upon receiving such deposit I shall forthwith withdraw from the possession of said goods and chattels.

AND FURTHER TAKE NOTICE that in default of your making such deposit with me, application may be made either by me or by the Execution Creditor after an interpleader civil summons shall have been served upon you, for an Order by the Court for the sale of all or any of said goods by me, subject to such conditions as to giving security or otherwise as the Court may think proper.

Dated this

day of

19

Signed

.......................................................

County Registrar

To

of

the Claimant.

No. 49.5

O.49,r.6 (2)

NOTICE OF APPLICATION TO THE COURT FOR SALE OF CHATTELS

District Court Area of

District No.

Between/

......................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

...................................................................................................................................

(County Registrar)

Plaintiff

-and -

....................................................................................................................................................................

of

.........................................................................................................................................................

in the County of

.................................................................................................................................

(Claimant)

- and -

...................................................................................................................................................................

of

........................................................................................................................................................

in the County of

................................................................................................................................

(Execution Creditor)

Defendants

TAKE Notice that on the day of 19 at .m.,

application will be made at the sitting of the District Court to be held at ......................... .................................................................................... for an order for the sale by the County

Registrar of

being (part of) the goods and chattels mentioned in the interpleader civil summons herein, subject to such conditions as the Court may think proper, and that the costs of and incidental to this application shall be provided for by the Court on the hearing of the interpleader civil summons.

Dated this

day of

19

Signed

...............................................................

Execution Creditor or Solicitor for

Execution Creditor.

of (address for service).

To

(County Registrar)

and

To

of

(Claimant)

and

To the Clerk of the District Court

_________

(or)

Signed

.......................................................

County Registrar or Solicitor for

County Registrar.

To

of

(Claimant)

and

To

of

(Execution Creditor)

and

To the Clerk of the District Court

No. 49.6

O.49,r.8

ORDER FOR SALE OF GOODS TAKEN IN EXECUTION

District Court Area of

District No.

Between/

........................................................................................................................................................................

of

..............................................................................................................................................................

in the County of

......................................................................................................................................

(County Registrar)

Plaintiff

-and -

........................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

(Claimant)

- and -

......................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

....................................................................................................................................

(Execution Creditor)

Defendants

UPON THE APPLICATION of (County Registar or Execution Creditor), and upon hearing

and (Execution Creditor or County Registrar), it is ordered that (upon security being given by the second named Defendant), the County Registrar do proceed to sell by public auction enough of the goods seized by the County Registrar pursuant to warrant in the proceedings (entitled Plaintiff and Defendant) to satisfy:—

1. the expenses of and incidental to the sale;

2. the fees of the County Registrar in relation to said execution;

3. the claim of the Execution Creditor (second named defendant).

AND IT IS FURTHER ORDERED that the County Registrar do pay the proceeds of the sale into Court to abide the Order of the Court on the hearing of the interpleader civil summons herein, and any of the parties shall be at liberty to apply to the Court on the said hearing as they may be advised.

Dated this

day of

19

Signed

...............................................................

Judge of the District Court

Signed

...............................................................

Solicitor for the said Plaintiff

No. 49.7

O.49,r.9 (1)

INTERPLEADER CIVIL SUMMONS

District Court Area of

District No.

Between/

..........................................................................................................................................................................

of

...............................................................................................................................................................

in the County of

.......................................................................................................................................

(County Registrar)

Plaintiff

-and -

........................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

(Claimant)

- and -

......................................................................................................................................................................

of

...........................................................................................................................................................

in the County of

....................................................................................................................................

(Execution Creditor)

Defendants

The Defendants are hereby required personally to appear at the sitting of the District

Court for the hearing of civil proceedings to be held at ........................................................ .................................................................................... in the court area and district aforesaid on the day

of 19 at .m. and to maintain or relinquish their respective claims to the goods and chattels, that is to say,

taken in execution in said district, under the Execution Order in the proceedings entitled

Plaintiff

and

Defendant

in regard to which execution a claim has been made by the first named Defendant herein: And the Plaintiff will seek an order that the County Registrar's fees and expenses be provided for.

Dated this

day of

19

Signed

......................................................

Plaintiff for Solicitor for said

County Registrar (Plaintiff)

To

of

To

of

No. 49.8

O.49,r.10

INTERPLEADER DECREE

District Court Area of

District No.

Between/

...........................................................................................................................................................................

of

................................................................................................................................................................

in the County of

........................................................................................................................................

(County Registrar)

Plaintiff

-and -

........................................................................................................................................................................

of

.............................................................................................................................................................

in the County of

.....................................................................................................................................

(Claimant)

- and -

.....................................................................................................................................................................

of

..........................................................................................................................................................

in the County of

..................................................................................................................................

(Execution Creditor)

Defendants

IT APPEARING to the Court that an interpleader civil summons requiring the Defendants to appear at the sitting of the Court for the hearing of civil proceedings at on the day of 19 was duly served upon the Defendants,

AND that the Claimant/Execution Creditor is/is not entitled to the goods and chattels that is to say:—

taken in execution in the said district under the Execution Order in the proceedings entitled

Plaintiff

and

Defendant

(or)

AND that the claim of the said Claimant/Execution Creditor has been withdrawn;

(or)

AND that the said Claimant/Execution Creditor has failed to appear:

(or)

AND that the sum of £ , being the money deposited with the County Registrar, should be paid to

(or)

AND that the security given to the County Registrar should be realised and the proceeds paid to

AND IT APPEARING to the Court that the sum of £ for fees and expenses

should be paid to the County Registrar by the Claimant (and/or the Execution Creditor)

(say in what proportions if by both)

IT IS THEREFORE ORDERED AND DECREED that the said Claimant is/is not entitled (to the said goods and chattels) (to

being portion of the said goods and chattels),

AND IT IS FURTHER ORDERED AND DECREED that

do recover from

the sum of £ for costs and witnesses' expenses; and that the County Registrar do

recover from the said

(and from the said ) the sum of £

for fees and expenses and costs

(say in what proportions if from both)

AND IT IS FURTHER ORDERED AND DECREED that (here set out any further determination of any other matter arising in connection with the proceedings or as between the parties thereto).

AND all Sheriffs and County Registrars are hereby commanded to take in execution

the goods of

to satisfy the said costs and fees and expenses.

Dated this

day of

19

Signed

...............................................................

Judge of the District Court

Signed

...............................................................

Solicitor for the

(County Registrar's warrant to be added)

No. 50.1

O.50,r.1 (1)

COURTS ACT, 1971

Section 21

APPLICATION TO TRANSFER ACTION

District Court Area of

District No.

..........................................................................................................................................................

Plaintiff

..........................................................................................................................................................

Defendant

TAKE NOTICE that

..............................................................................................................................

of

............................................................................................................................................................

intends to apply to the District Court sitting at

..............................................................................

on the day of 19 at .m. and before which the above action is pending to have such action sent forward to the

/images/en.si.1997.0093.0018.jpg

Dated this

day of

19

Signed

...............................................................

Applicant/Solicitor for Applicant

To

of

*Delete whichever inapplicable

No. 50.2

O.50,r.1 (4)

COURTS ACT, 1971

Section 21

ORDER SENDING FORWARD AN ACTION

District Court Area of

District No.

...........................................................................................................................................................

Plaintiff

...........................................................................................................................................................

Defendant

UPON APPLICATION duly made to the Court on the day of 19 ,

by

................................................................................................................................................................

of

................................................................................................................................................................

to have the above action, now pending before the Court. sent forward

to the

/images/en.si.1997.0093.0018.jpg

, and the Court being of opinion that the action

is one fit to be tried in the

/images/en.si.1997.0093.0018.jpg

and that such Court appears

to be the more appropriate tribunal in the circumstances

IT IS ORDERED that said action be sent forward to the

/images/en.si.1997.0093.0018.jpg

(Insert such terms and such conditions as to costs or otherwise as to the Court seems

just).

Dated this

day of

19

Signed

...............................................................

Judge of the District Court

*Delete whichever inapplicable

No. 50.3

O.50,r.1 (4)

COURTS ACT, 1971

(Section 21)

REFUSAL TO SEND FORWARD AN ACTION

District Court Area of

District No.

..........................................................................................................................................................

Plaintiff

...........................................................................................................................................................

Defendant

UPON APPLICATION duly made to the Court on the day of 19 ,

by

.............................................................................................................................................

of

.............................................................................................................................................

to have the above action, now pending before the Court, sent forward

to the

/images/en.si.1997.0093.0018.jpg

IT IS ORDERED that the said application be REFUSED.

Dated this

day of

19

Signed

...........................................................

Judge of the District Court

*Delete whichever inapplicable

No. 51.1

O.51, r.7

ORDER FOR PAYMENT OF COSTS OF ADJOURNMENT

District Court Area of

District No.

Between/

.............................................................................................................................................................

of

..................................................................................................................................................

in the County of

..........................................................................................................................

(description of Plaintiff)

Plaintiff

-and -

................................................................................................................................................................

of

.....................................................................................................................................................

in the County of

.............................................................................................................................

and court area and district aforesaid

(description of Defendant)

Defendant

IT APPEARING TO THE COURT that the Plaintiff caused a civil summons to be brought at the sitting of the Court for the hearing of civil proceedings held

at

...........................................................................................................................................................

on the day of 19 against the Defendant claiming £ for

AND IT FURTHER APPEARING TO THE COURT that the said civil summons was duly served upon the Defendant.

AND WHEREAS the (Plaintiff and/or Defendant, as the case may be) appeared this day at the said sitting of the Court, and the (Plaintiff, or Defendant) applied for an adjournment of the hearing of the said civil summons:

AND WHEREAS the Court ordered that the hearing of the said civil summons be

adjourned to the day of 19

at

.................................................................................................

District Court, and further ordered that

the do pay to the

the sum of £ by way of costs and £ by way of witnesses' expenses incurred in

respect of the said adjournment

IT IS THEREFORE ORDERED AND DECREED that the do recover from the the sum of £ for the said costs and witnesses' expenses: and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the (Plaintiff (or) Defendant, as the case may be) to satisfy the said costs and witnesses' expenses.

Dated this

day of

19

Signed

...............................................................

Judge of the District Court

Signed

...............................................................

Party, or Solicitor for Party

(County Registrar's warrant to be added).

No. 53.1

O.53,r.3 (1)

ENFORCEMENT OF COURT ORDERS ACT, 1926

Record Number ...

Section 15 (1)

SUMMONS FOR ATTENDANCE OF DEBTOR

District Court Area of

District No.

.....................................................................................................................................................

Creditor

of

.......................................................................................................................................................

and

......................................................................................................................................................

Debtor

of

.......................................................................................................................................................

WHEREAS by Order of the .................... Court dated day of 19

it was ordered and adjudged that the above-named creditor do recover against the above-named debtor the total sum of £ , (for debt) and the sum of £ for costs and expenses, together with interest at the rate of % per annum (on the said sums) (on the debt only, exclusive of costs and expenses) until the same shall be satisfied,

AND WHEREAS the creditor claims that the said Order has not been complied with and that there is now due and owing by the debtor to the creditor on foot of the said Order the total sum of £ ,

AND WHEREAS the creditor has duly applied for the issue of this summons,

YOU ARE HEREBY REQUIRED to attend at the sitting of the District Court

to be held at .............................................................. in the court area and district aforesaid

on the day of 19 at a.m./p.m. for examination as to your means.

AND YOU ARE FURTHER REQUIRED not less than one week before the date of the said sitting to detach the form of Statement of Means attached hereto and, having completed same, to give or send such form to the Clerk of the District Court

at

............................................................................................................................................................

Dated this

day of

19

Signed

..............................................................

Clerk of the District Court

To the above-named Debtor

of

....................................................................................................................................................................

................................................................

detach here

................................................................

(Statement of Means Form No. 53.3 to be added)

No. 53.2

O.53,r.3 (1)

ENFORCEMENT OF COURT ORDERS ACT, 1926

Section 15 (2)

STATUTORY DECLARATION TO ACCOMPANY

APPLICATION FOR SUMMONS

District Court Area of

District No.

..................................................................................................................................................................

Creditor

of

............................................................................................................................................................

and

....................................................................................................................................................................

Debtor

of

...................................................................................................................................................................

I,

..................................................................................

of

.....................................................................

do solemnly and sincerely declare

1. *(that I am the creditor in the above-named proceedings);

*(that I have been authorised by the creditor in the above-named proceedings to make this statutory declaration on his/her behalf);

2. that the judgment debt sought to be enforced in the accompanying application is a debt due under a judgment, order or decree of a court of competent jurisdiction, namely, a judgment/Order/decree of the.....................Court dated day of 19 ,

3. that the debtor in these proceedings is ordinarily resident at ...................................... in the said district;

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signed

........................................................

Declared before me by

............................................................

who is personally known to me *(who is

identified to me by

....................................

who is personally known to me) at

..............................

in the County of

..........................................................

on this

day of

19

Signed

.......................................................................

Judge of the District Court

(or) Peace Commissioner.

*Delete where inapplicable

No. 53.3

O.53,r.4 (1)

ENFORCEMENT OF COURT ORDERS ACT, 1926

Section 15 (1)

STATEMENT OF MEANS

.........................................................................................................................................................

Creditor

.........................................................................................................................................................

Debtor

As required by the summons served on me in the above-named proceedings, I now lodge the †following statement of my means and I say that, to the best of my knowledge and belief, the particulars given therein are accurate and true.

Income (earned and unearned): £ per week/month/year (gross) £ (net)

* Means by which such income

is earned or the source from

which it is derived:

Assets (if any):

Persons) for whose support

I am legally or morally liable:

(state names and ages)

I am/I am not at present

making payments on foot of

other Court Orders.

(if you are, please give

details including reference

numbers):

Other liabilities and outgoings:

Dated this

day of

19

.

Signed

...............................................

(The above-named Debtor)

of

................................................

To the District Court Clerk

at

....................................

* PLEASE NOTE THAT IF YOU ARE UNEMPLOYED/IN RECEIPT OF ANY SOCIAL WELFARE ASSISTANCE OR BENEFIT 1T IS MOST IMPORTANT IN YOUR OWN INTERESTS THAT YOU BRING WITH YOU YOUR UNEMPLOYMENT CARD/SOCIAL WELFARE CARD AND PRODUCE IT TO THE COURT.

†Where necessary, more detailed particulars may be given on a separate sheet.

Record Number......

No. 53.4

O.53,r.5 (c)

ENFORCEMENT OF COURT ORDERS ACT, 1926

Section 15 (6)

CERTIFICATE OF AMOUNT DUE

District Court Area of

District No.

Between.

............................................................................................................................................

Creditor

and

.............................................................................................................................................

Debtor

I hereby certify that, as set out below, *no sum whatever/*the total sum of £ has been paid on foot of the claim herein since the service of the summons herein, and that the sum of £ is now due by the Debtor to the Creditor.

________________________________________________________________________________

Amount due (for debt, costs, expenses, interest if any)

at the date of the service of the summons .............................................£

Payments made since the date of the service of the summons:—

Date

Amount

£ __________

£ __________

£ __________

£ __________

Deduct total payments

£ ________________

£

Add accrued interest (if any) from date

of service of summons to date of this

certificate

£ ________________

Amount now due

£

Dated this

day of

19

.

Signed

........................................

Creditor/Solicitor for Creditor

Record Number

No. 53.5

O.53,r.6 (1)

ENFORCEMENT OF COURT ORDERS ACTS 1926 AND 1940 INSTALMENT ORDER

District Court Area of

District No.

...........................................................................................................................................................

Creditor

............................................................................................................................................................

Debtor

WHEREAS proof has been given of the due service upon the Debtor of the summons

herein dated day of 19 ,

AND WHEREAS the Debtor *[(has failed to lodge a statement of means in accordance with the said summons) (or, has failed to attend for examination this day in accordance with the said summons) (or, has refused to submit himself/herself for cross-examination by or on behalf of the Creditor) (or has attended for examination this day in accordance with the said summons and has tailed to satisfy the Court that he/she is not able to pay the sum of £ in one sum or by instalments)]. Upon hearing what was offered this day on behalf of the Creditor and the Debtor respectively. and being so requested by the Creditor, the Court hereby orders that the above-named Debtor

..........................................................................................

of

...............................................................

in court area and district aforesaid do pay to the Creditor the sum of £ being the balance due for debt, costs, expenses and interest pursuant to the Judgment, Decree or

Order of the

Court dated the day of 19 together with the sum of £ being the costs of these proceedings in manner following, that is to say:—

*[(by instalments of £ each, the first of such instalments to be paid on the ) (in one payment to be paid on )]

Dated this

day of

19

.

Signed

........................................

Judge of the District Court

NOTE:- The Court has power to vary the terms of the above Order relating to the manner in which the above debt and costs are to be paid by substituting payment by instalments for a single payment or by altering the amount or times at which instalments are to be paid. A party who requires such variation should consult a solicitor or the District Court Clerk.

*Strike out words in square brackets not applicable

Record Number

No. 53.6

O.53,r.7 (1)

ENFORCEMENT OF COURT ORDERS ACTS 1926 AND 1940

SUMMONS TO VARY AN INSTALMENT ORDER

District Court Area of

District No.

..............................................................................................................................................................

Creditor

.............................................................................................................................................................

Debtor

You are hereby required to attend at the sitting of the District Court to be held at

...............................................................................................................................................

on the day of 19 , at .m. upon the hearing of an application on

behalf of the

/images/en.si.1997.0093.0020.jpg

to have an Order dated the day of 19 ,

made in this matter by the District Court sitting in the said court area, varied as provided by section 5 of the Enforcement of Court Orders Act, 1940 , or for such other relief as to the Court in the circumstances may seem meet, and for the costs of this application.

Dated this

day of

19

.

Signed

........................................

Judge of the District Court or

Clerk of the District Court or

Peace Commissioner

To

of

the above-named

/images/en.si.1997.0093.0020.jpg

Record Number

*Delete whichever inapplicable

No. 53.7

O.53,r.7 (3)

ENFORCEMENT OF COURT ORDERS ACTS 1926 AND 1940

ORDER VARYING INSTALMENT ORDER

District Court Area of

District No.

............................................................................................................................................................

Creditor

............................................................................................................................................................

Debtor

WHEREAS by an Order dated the day of 19 made by the Court sitting at ....................................... for the District Court Area of

District No. the above named Debtor was ordered to pay the sum of and the sum £ of costs, by instalments of £ each, the first of such instalments to be paid on the day of 19 ,

AND WHEREAS proof has been given of the due service upon the Debtor of the said Instalment Order and the said Order is still in force,

NOW upon application made this day by the /images/en.si.1997.0093.0020.jpgin respect of the said Instalment

Order and upon proof of due service of the summons herein dated the day

of 19 ,

THE COURT hereby varies the said Order dated the day of 19 , and directs that on and from the day of 19 , the sum £ of being the balance of the said debt and costs remaining unpaid, (together with the sum of being the amount for interest which has accrued thereon to the date hereof) and £ , the costs of this application, be paid by the Debtor in instalments £ of each the first of such instalments to be paid on day of 19 .

Dated this

day of

19

.

Signed

........................................

Judge of the District Court or

Clerk of the District Court or

Peace Commissioner

Note:-The date from which the variation is to have effect must not be later than the date of this Order.

*Delete whichever inapplicable

Record Number

No. 53.8

O.53,r.8 (1)

ENFORCEMENT OF COURT ORDERS ACTS 1926 AND 1940

Record Number

SUMMONS

(On application for arrest and imprisonment)

District Court Area of

District No.

........................................................................................................................................................................... Creditor

........................................................................................................................................................................... Debtor

You are hereby required to attend at the sitting of the District Court to be held at ................................ on the day of 19 at .m. upon the hearing of an application on behalf of the Creditor for an Order for you arrest and imprisonment for your failure to comply with an Order for payment made against you on the ...................... day of ................................................... 19................ or for such other relief as to the Court in the circumstances may seem meet, and for the costs of the application

Dated this

day of

19

.

Signed

..............................................

Judge of the District Court or

Clerk of the District Court or

Peace Commissioner

You are hereby required to attend at the sitting of the District Court to be held

at

........................................

on the

day of

19

at

.m. upon the

hearing of an application on behalf of the Creditor for an Order for your arrest and imprisonment for your failure to comply with an Order for payment made against you

on the

............

day of

...........................................................

19

...............

or for such other

relief as to the Court in the circumstances may seem meet, and for the costs of the application.

Dated this

day of

19

.

Signed

............................................

Judge of the District Court (or)

Clerk of the District Court (or)

Peace Commissioner

To

of

the above-named Debtor.

No. 53.9

O.53,r.8 (3)

ENFORCEMENT OF COURT ORDERS ACTS 1926 AND 1940

Record Number

Section 6

ORDER FOR ARREST AND IMPRISONMENT

District Court Area of

District No.

.............................................................................................................................................................

Creditor

.............................................................................................................................................................

Debtor

WHEREAS by an order for payment (instalment order) dated the day of 19 made by the Court sitting at ................... for the District Court Area of ............. , District No. the above-named Debtor was ordered to pay the sum of £ (being the balance due for debt and costs pursuant to the Judgment/Decree/Order of the Court dated the day of 19 ) and for costs £ by instalments of £ each, the first of the said instalments to be paid on the ( day after service thereof) ( day

of 19 ),

AND WHEREAS the Debtor has failed to comply with said order for payment,

AND WHEREAS application was made this day by the Creditor for an Order for the arrest and imprisonment of the Debtor for his/her said default and failure to comply with said Order for payment,

AND WHEREAS upon proof of due service of said Order for payment upon the Debtor on the day of 19 and of due service upon the Debtor of the summons herein dated day

of 19

AND WHEREAS the Court is satisfied that there is now due and owing on foot of the said Order the sum of £ being the amount of instalments which have accrued due and are unpaid at the date of this order together with the further sum of £ being the costs of this application, making in all the sum of £

AND WHEREAS it appears to the Court that the said Debtor has failed and neglected to pay the said instalments, and has not shown to the satisfaction of the Court that such failure to pay was due neither to his/her wilful refusal nor his/her culpable neglect.

NOW IT IS HEREBY ORDERED that the said Debtor for his/her said default and failure to pay the said instalments be arrested and committed to prison at there to be imprisoned for the period of from the date of his/her arrest unless he/she, or someone on his/her behalf, shall sooner pay to the District Court Clerk at or to the Governor of the said prison for the said Clerk, or to the under-mentioned Superintendent of the Garda Síochana for said Clerk the sum £ of being the amount of all instalments of the said debt and costs which have accrued before, and are unpaid at, the date of this Order, and a further sum of £ being the costs of this application, making in all the sum of £ .

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

No. 53.10

O.53, r. 8 (4)

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 6

*WARRANT TO ENFORCE ORDER FOR ARREST AND IMPRISONMENT

THIS TO TO COMMAND YOU to whom this warrant is addressed to arrest the

Debtor. the said

..................................................................................................................................

of

..........................................................................................................................................................

and to lodge him/her in the prison at

..........................................................................................

there to be imprisoned for a period of

.........................................................................................

pursuant to the above Order unless the said debtor or someone on his/her behalf shall

sooner pay to the District Court Clerk at

......................................................................................

or to you for the said Clerk or to the Governor of the said prison for the said Clerk the sum of £ , being the amount of all instalments of the said debt and costs which have accrued before and are unpaid at the date of the above Order and a further sum of £ , being the costs of the above application, making in all the sum of £ .

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

To the Superintendent of the Garda Síochana,

at

and his/her assistants

*To be added to Form 53.9

No. 53.11

O.53,r.12

ENFORCEMENT OF COURT ORDERS ACTS 1926 AND 1940

Record Number

CERTIFICATE OF PAYMENT

District Court Area of

District No.

.............................................................................................................................................................

Creditor

.............................................................................................................................................................

Debtor

I hereby certify that there has been paid to me on behalf of

............................................................

..................

now imprisoned in the prison at

....................................................................................

upon Order of the District Court dated the day of 19 the sum of

£ being the full amount specified in the said Order.

Dated this

day of

19

.

Signed

........................................

Clerk of the District Court.

To the Governor of Prison

and to

Solicitor for Creditor.

No. 53.12

O.53,r.13

ENFORCEMENT OF COURT ORDERS ACTS 1926 AND 1940

Record Number

Section 6

ORDER FOR ARREST AND IMPRISONMENT

District Court Area of

District No.

.............................................................................................................................................................

Creditor

..............................................................................................................................................................

Debtor

The Debtor having been duly served with summons dated the day of

19 , and having, in compliance with the said summons, lodged with the Clerk of the

District Court at

.......................................................................................

a statement of his/her means.

AND the Court being satisfied, upon evidence produced before it this day, that the said statement of means so lodged, is false to the knowledge of the Debtor in certain material particulars, namely:

has ordered that the said Debtor

.................................................

of

...........................................

be arrested and imprisoned in the prison at for a period of ...........................................................

THIS IS TO COMMAND you, to whom this warrant is addressed, to arrest the said

Debtor and lodge him/her in prison at

........................................

there to be imprisoned for a period

of .

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

To the Superintendent of the Garda Siochana

at

and his/her assistants.

No. 54.1

O.54,r.4 (1)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 (1) (a)

MAINTENANCE SUMMONS

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant,

*(residing)*(carrying on profession, business or occupation) at

....................................................

*(in court area and district aforesaid), for the issue of a summons seeking a maintenance order against you on the grounds

THAT YOU the above-named respondent, *(residing) *(carrying on profession,

business or occupation) at

.................................................................................................................

*(in court area and district aforesaid), being the spouse of the said applicant,

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said applicant and the dependent children) of the family, namely,

................................................................................

born on

............................................................,

...............................................................................

born on

............................................................,

under the age of sixteen years,

*(...........................................................................

born on

.............................................................

who has attained the age of sixteen years and is under the age of twenty-one years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment),

*(............................................................................

born on

............................................................,

who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him/her to maintain himself/herself fully),

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District

Court for court area and district aforesaid to be held at

.........................

on the

day of 19 at a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above-named respondent

No. 54.2

O.54,r.4 (1)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 (1) (b)

MAINTENANCE SUMMONS

District Court Area of

District No.

...................................................................................................................................................

Applicant

...................................................................................................................................................

Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant,

*(residing)*(carrying on profession, business or occupation) at

....................................................

*(in court area and district aforesaid), for the issue of a summons seeking a maintenance order against you on the grounds

THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation) at.....*(in court area and district aforesaid), being the spouse of .................. *(now deceased) *(who has deserted you) *(who has been deserted by you) *(living separately and apart from you),

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the dependent children) of the family, namely,

...............................................born on................................................,

...............................................born on................................................,

under the age of sixteen years,

*(..............................................born on................................................,

who has attained the age of sixteen years and is under the age of twenty-one years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment),

*(..............................................born on................................................,

who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him/her to maintain himself/herself fully).

THIS 1S TO COMMAND YOU the respondent to appear at the sitting of the District Court for court area and district aforesaid to be held at ........................... on the day of 19 at a.m./p.m. on the hearing of the said application for a maintenance order.

*Delete words inapplicable

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above-named respondent

No. 54.3

O.54, r.4 (2)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5A(1)

MAINTENANCE SUMMONS

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant,

*(residing) *(carrying on profession, business or occupation) at ......................................

*(in court area and district aforesaid), being a parent of

............................................................................. born on .......................................,

............................................................................. born on .......................................,

(a) dependent child(ren) whose parents are not married to each other, for the issue of a summons seeking a maintenance order against you on the grounds THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation)

at..........................................................................................................................

*(in court area and district aforesaid), being the other parent of the said child(ren),

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said child(ren).

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District Court for the court area and district aforesaid to be held at ............................................................

on the day of 19 at a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above-named respondent

No. 54.4

O.54, r.4 (2)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5A(2)

MAINTENANCE SUMMONS

District Court Area of

District No.

...................................................................................................................................................

Applicant

...................................................................................................................................................

Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant,

*(residing) *(carrying on profession, business or occupation) at

....................................................

*(in court area and district aforesaid), a person other than a parent (within the meaning of section 5A (2) of the above-mentioned Act), for the issue of a summons seeking a maintenance order against you on the grounds THAT YOU the above-named

respondent, *(residing) *(carrying on profession, business or occupation) at

................................

*(in court area and district aforesaid), being a parent of

.........................................................................................

born on

...................................................,

.........................................................................................

born on

....................................................,

(a) dependent children) whose parents are not married to each other, (and not being *(a child) *(children) who is/are being fully maintained by the other parent), HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said child(ren).

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District

Court for the court area and district aforesaid to be held at

............................................................

on the day of 19 at a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this

day of

19

.

Signed

.......................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above-named respondent

No. 54.5

O.54, r.4 (3)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 (1) (a)

MAINTENANCE ORDER

District Court Area of

District No.

..........................................................................................................................................

Maintenance Creditor

..........................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, *(residing) *(carrying on profesion, business or

occupation) at

...........................................................................................................................

*(in court area and district aforesaid), FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor,

*(residing) *(carrying on profession, business or occupation) at

..................................................

*(in court area and district aforesaid), being the spouse of the said maintenance creditor, has failed to provide such maintenance as is proper in the circumstances for the said maintenance creditor *(and the dependent children) of the family),

AND THE COURT BEING SATISFIED that the summons herein, dated the day of

19 , was duly served upon the maintenance debtor,

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),

THE COURT HEREBY ORDERS

1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of the maintenance creditor,

2. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

................................................................................

born on

.............................................................

................................................................................

born on

.............................................................

................................................................................

born on

.............................................................

making in all the total weekly sum of £ ,

3. that the first of such payments be made on the day of 19 ,

*(4. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order),

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that

the payments aforesaid be made to the District Court Clerk at

......................................................)

*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act).

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

No. 54.6

O.54, r.4 (3)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 (1) (b)

MAINTENANCE ORDER

District Court Area of

District No.

...........................................................................................................................................

Maintenance Creditor

...........................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, *(residing) *(carrying on profession, business or

occupation) at

..........................................................................................................................

*(in court area and district aforesaid), FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor,

*(residing) *(carrying on profession, business or occupation) at

..................................................

*(in court area and district aforesaid), being the spouse of

..............................................................

*(now deceased) *(who has deserted him/her) *(who has been deserted by him/her)

*(living separately and apart from him/her), has failed to provide such maintenance as is proper in the circumstances for the dependent children) of the family,

AND THE COURT BEING SATISFIED that the summons herein, dated the day of 19 , was duly served upon the maintenance debtor,

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),

THE COURT HEREBY ORDERS

1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she—

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

...............................................................................

born on

.............................................................

...............................................................................

born on

.............................................................

...............................................................................

born on

.............................................................

making in all the total weekly sum of £ ,

2. that the first of such payments be made on the day of 19 .

*(3. that the maintenance debtor pay to the maintenance creditor the sum of £

being the costs and expenses incurred in obtaining this order),

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that

the payments aforesaid be made to the District Court Clerk at

......................................................)

*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not he proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act).

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

*Delete words inapplicable

No. 54.7

O.54, r.4 (3)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5A(1)

MAINTENANCE ORDER

District Court Area of

District No.

..........................................................................................................................................

Maintenance Creditor

...........................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, *(residing) *(carrying on profession, business or

occupation) at

...............................................................................................................................

*(in court area and district aforesaid), being a parent of

...............................................................................

born on

..................................................................,

...............................................................................

born on

..................................................................,

(a) dependent children) whose parents are not married to each other, FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor, *(residing) *(carrying on profession, business or occupation at *(in court area and district aforesaid), being the other parent of the said dependent child(ren), has failed to provide such maintenance for the children) as is proper in the circumstances,

AND THE COURT BEING SATISFIED that the summons herein, dated the day of

19 , was duly served upon the maintenance debtor,

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),

THE COURT HERESY ORDERS

1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she—

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not

reasonably possible for the child to maintain himself or herself fully,

................................................................................

born on

............................................................,

................................................................................

born on

..........................................................,),

...............................................................................

born on

..........................................................,),

making in all the total weekly sum of £ ,

2. that the first of such payments be made on the day of 19 ,

*(3. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order),

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that

the payments aforesaid be made to the District Court Clerk at

......................................................)

*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act).

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

No. 54.8

O.54, r.4 (3)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN} ACT, 1976

Section 5A(2)

MAINTENANCE ORDER

District Court Area of

District No.

..........................................................................................................................................

Maintenance Creditor

..........................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, *(residing) *(carrying on profession, business or

occupation) at

......................................................................................................................................

*(in court area and district aforesaid), a person other than a parent (within the meaning of section SA(2) of the above Act), FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor,

*(residing) *(carrying on profession, business or occupation) at

..................................................

*(in court area and district aforesaid), being a parent of

...............................................................................

born on

.............................................................,

...............................................................................

born on

.............................................................,

(a) dependent children) whose parents are not married to each other (and not being a child/children who is/are being fully maintained by the other parent), has failed to provide such maintenance for the children) as is proper in the circumstances.

AND THE COURT BEING SATISFIED that the summons herein, dated the day of

19 , was duly served upon the maintenance debtor,

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),

THE COURT HEREBY ORDERS

1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she—

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

................................................................................

born on

..............................................................,

................................................................................

born on

.............................................................,

................................................................................

born on

..............................................................,

2. that the first of such payments be made on the day of 19 ,

*(3. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order),

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that

the payments aforesaid be made to the District Court Clerk at

......................................................)

*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act).

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

*Delete words inapplicable

No. 54.9

O.54, r.5

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

/images/en.si.1997.0093.0021.jpg

SUMMONS TO DISCHARGE MAINTENANCE ORDER OR PART THEREOF

District Court Area of

District No.

.........................................................................................................................................

Maintenance Creditor

..........................................................................................................................................

Maintenance Debtor

YOU ARE HEREBY required to appear at the sitting of the District Court for court

area and district aforesaid to be held at

.......................................................................................

on the day of 19 , at a.m./p.m. upon the hearing of an application by the above named maintenance debtor *(residing) *(carrying on profession,

business or occupation) at

...........................................................................................................

*(in court area and district aforesaid) to have the maintenance order made at the sitting

of the

.........................

Court at

...........................................................................................

on the day of 19 whereby the above named maintenance debtor

of

.............................................................................................................................................

was ordered to pay to the above named maintenance creditor *(the weekly sum of

£ for her support) *(and) *(the weekly sum of £ for the support of ...........

dependent children

*[DISCHARGED as provided by section 6 (1) (a) of the above Act]

*[DISCHARGED in so far as such Order provides for the payment of the weekly sum

of £

for the support of

......................................................................................................

born on

...............................................

and who has ceased to be a dependent child for the purposes

of the order].

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above named maintenance creditor.

*Delete where inapplicable

No. 54.10

O.54, r.5

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976

/images/en.si.1997.0093.0021.jpg

ORDER DISCHARGING MAINTENANCE ORDER OR PART THEREOF

District Court Area of

District No.

...........................................................................................................................................

Maintenance Creditor

...........................................................................................................................................

Maintenance Debtor

WHEREAS by maintenance order dated day of 19 , made at the

sitting of the

...........................

Court at

.................................................................................

the above named maintenance debtor *(residing) *(carrying on profession, business or

occupation) at

.......................................................................................................................................

*(in court area and district aforesaid) was ordered to pay to the above named maintenance

creditor of

............................................................................................................................................

*(the weekly sum of £ for her support) *(and) *(the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruclion has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

................................................................................

born on

...............................................................

................................................................................

born on

...............................................................

................................................................................

born on

..............................................................)

*[AND WHEREAS an application was made to the Court by the maintenance debtor on the day

of 19 , (being after a period of one year from the making of the said maintenance order) for the discharge of such order]

*(AND WHEREAS an application was made to the Court by the maintenance debtor on the day

of 19 for the discharge of such order in so far as such order provides for the weekly

payment of for the support of

..........................................................................................................

born on

..............................................................

and who has ceased to be a dependent child for the

purposes of that order)

AND WHEREAS the Court is satisfied that the summons herein dated day of 19 , was duly served upon the maintenance creditor

AND having heard the evidence tendered by or on behalf of the maintenance debtor

*(and the maintenance creditor)

*(AND WHEREAS it appears to the Court, having regard to the maintenance debtor's record of payments pursuant to the said order and to the other circumstances of the case, that the persons for whose support the said maintenance order provides will not be prejudiced by the discharge thereof)

*(AND WHEREAS the Court is further satisfied that the said child has ceased to be a dependent child for the purposes of that order)

THE COURT HEREBY ORDERS that the said maintenance order be

*(DISCHARGED)

*(DISCHARGED in so far as such order provides for the weekly payment of for the

support of

...........................................................................................................................................

born on

................................................................................................................................................

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

No. 54.11

O.54, r.6

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 6 (1) (b)

SUMMONS TO DISCHARGE OR VARY MAINTENANCE ORDER

District Court Area of

District No.

..........................................................................................................................................

Maintenance Creditor

..........................................................................................................................................

Maintenance Debtor

YOU ARE HEREBY required to appear at the sitting of the District Court for court

area and district aforesaid to be held at

.......................................................................................

on the day of 19 , at .m. upon the hearing of an application by the above named *(maintenance creditor) *(maintenance debtor) *(residing) *(carrying

on profession, business or occupation) at

....................................................................................

*(in court area and district aforesaid) to have the maintenance order made at the sitting

of the

.................

Court at

.................................................................................................

on the day of 19 whereby the above named maintenance debtor

of

.............................................................................................................................................

was ordered to pay to the above named maintenance creditor *(the weekly sum of

£ for her support) *(and) *(the weekly sum of £ for the support of

...............................

dependent children)

/images/en.si.1997.0093.0022.jpg as provided by section 6 (1) (b) of the above Act.

Dated this

day of

19

.

Signed

.......................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above named /images/en.si.1997.0093.0023.jpg

*Delete where inapplicable

No. 54.12

O.54, r.6

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 6 (1) (b)

ORDER /images/en.si.1997.0093.0024.jpg MAINTENANCE ORDER

District Court Area of

District No.

..........................................................................................................................................

Maintenance Creditor

...........................................................................................................................................

Maintenance Debtor

WHEREAS by maintenance order dated day of 19 , made at the

sitting of the

......................................

Court at

.......................................................................

the above named maintenance debtor *(residing) *(carrying on profession, business or

occupation) at

........................................................................................................................................

*(in court area and district aforesaid) was ordered to pay to the above named maintenance creditor *(the weekly sum of £ for her support) *(and) *(the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

...............................................................................

born on

..............................................................,

...............................................................................

born on

..............................................................,

...............................................................................

born on

..............................................................)

AND WHEREAS an application was made to the Court on the day of 19 , by the said

/images/en.si.1997.0093.0023.jpg for the /images/en.si.1997.0093.0025.jpg of the said maintenance order,

AND WHEREAS the Court is satisfied that the summons herein dated day of 19 ,

was duly served upon the /images/en.si.1997.0093.0023.jpg

AND having heard the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor)

THE COURT HEREBY ORDERS—

That the said maintenance order dated day of 19 be

/images/en.si.1997.0093.0023.jpg

as follows—

1. That the maintenance debtor pay to the maintenance creditor for her/his support the weekly sum of £

2. That the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of 16 years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

.............................................................................

born on

...............................................................

.............................................................................

born on

...............................................................

...............................................................................

born on

...............................................................

making in all the total weekly sum of £ ,

3. That the first of such payments be made on the day of 19 ,

*(4. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order),

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that

the payments aforesaid be made to the District Court Clerk at

......................................................)

*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act).

Dated this

day of

19

.

Signed

.......................................

Judge of the District Court.

*Delete where inapplicable

No. 54.13

O.54, r.7

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 7

INTERIM ORDER

District Court Area of

District No.

.......................................................................................................................................................

Applicant

.......................................................................................................................................................

Respondent

UPON THE HEARING of an application made to this Court to-day by the above-named applicant, *(residing) *(carrying on profession, business or occupation) at

.........................................................................................................

*(in court area and district aforesaid),

FOR A MAINTENANCE ORDER against the above-named respondent on the ground that the respondent, *(residing) *(carrying on profession, business or occupation) at

..........................................................................................................

*(in court area and district aforesaid),

*[being the spouse of the said applicant and there being

.........................................

dependent

children) of the family as named hereunder].

*[being the spouse of

...................................................

*(now deceased) *(who has deserted him/her)

*(who has been deserted by him/her) *(living separately and apart from him/her)

and there being

........................................

dependent children) of the family as named hereunder],

*[being a parent of the dependent children) named hereunder, whose parents are not married to each other (the applicant being the other parent of the said children)],

*[being a parent of the dependent children) named hereunder, whose parents are not married to each other (the applicant not being the other parent of the said children) and the children) not being fully maintained by the other parent)],

...........................................................................

born on

...............................................................

...........................................................................

born on

...............................................................

has failed to provide such maintenance *(for the said applicant) *(and) *(for the said dependent child(ren)) as is proper in the circumstances,

AND BEING SATISFIED that the summons herein, dated the day of 19 was duly served upon the respondent,

AND NOT YET HAVING DECIDED whether to make or to refuse to make the maintenance order, but having regard to the needs of the persons for whose support the maintenance order is sought and the other circumstances of the case,

THE COURT HEREBY ORDERS that the said respondent pay to the said applicant the weekly sum of £ on and from the day of 19 *(up to and including the day of 19 ), *(until the application for a maintenance order is adjudicated upon),

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that

the payments aforesaid be made to the District Court Clerk at

......................................................)

*(AND the applicant requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act).

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

*Delete words inapplicable

No. 54.14

O.54, r.8

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 21A(1)

SUMMONS FOR A LUMP SUM ORDER IN RESPECT OF *BIRTH *AND

*FUNERAL EXPENSES

District Court Area of

District No.

.......................................................................................................................................................

Applicant

........................................................................................................................................................

Respondent

*(WHEREAS the above-named respondent is the spouse of the above-named applicant

and

...............................................................................................................................................

born on

..........................................................................................................................

is/was a dependent

child of the family),

*(WHEREAS the above-named applicant and the above-named respondent are/were

the parents of

.................................................................................................................................

born on

.................................................................................................

a dependent child whose parents

are not married to each other),

AND WHEREAS AN APPLICATION has been made by the applicant, *(residing)

*(carrying on profession, business or occupation) at

....................................................................

*(in court area and district aforesaid), for the issue of a summons seeking A LUMP SUM ORDER against you ON THE GROUNDS THAT YOU the respondent, *(residing)

*(carrying on profession, business or occupation) at

....................................................................

*(in court area and district aforesaid), HAVE FAILED TO MAKE SUCH CONTRIBUTION as is proper in the circumstances towards the expenses incidental to—

*(the birth of the said..............................................., a child *(who is a dependent child) *(who

would have been a dependent child were he/she now alive)],

*[the funeral of the said

......................................................., a child *(who was a dependent child

*(who would have been a dependent child had he/she been born alive)],

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District

Court for court area and district aforesaid to be held at

.................................................................

on the of 19 at a.m./p.m. on the hearing of the said application for a lump sum order.

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

*Delete words inapplicable

No. 54.15

O.54, r.8

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 21A(1)

LUMP SUM ORDER IN RESPECT OF *BIRTH *AND *FUNERAL EXPENSES

District Court Area of

District No.

.........................................................................................................................................................

Applicant

..........................................................................................................................................................

Respondent

*(WHEREAS the above-named respondent is the spouse of the above-named applicant

and ................................................................................................................................

born on ................................................................................... is/was a dependent child of the family),

*(WHEREAS the above-named applicant and the above-named respondent are/were

the parents of

.................................................................................................................................

born on

...............................................................................................

a dependent child whose parents

are not married to each other),

AND WHEREAS IT APPEARS TO THE COURT on the application made to-day by the said applicant, *(residing) *(carrying on profession, business or occupation) at

.........................................................................................................

*(in court area and district aforesaid),

for a lump sum order against the respondent, *(residing) *(carrying on profession, business

or occupation) at

........................................................................................................................

*(in court area and district aforesaid), that the respondent has failed to make such contribution as is proper in the circumstances towards the expenses incidental to—

*[the birth of the said

..................................................., a child *(who is a dependent child) *(who

would have been a dependent child were he/she now alive)],

*[the funeral of the said

........................................................, a child *(who was a dependent child

*(who would have been a dependent child had he/she been born alive)J,

AND BEING SATISFIED that the summons herein, dated the day of 19 , was duly served upon the respondent,

AND HAVING HEARD the evidence tendered by or on behalf of the applicant

*(and the respondent),

THE COURT HEREBY DIRECTS the respondent to pay to the applicant a lump sum of £ in respect of the *(birth) *(and) *(funeral) of the said child.

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

*Delete words inapplicable

No. 54.16

O.54, r.10

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 9 (1) (b)

NOTICE OF APPLICATION TO HAVE PAYMENTS MADE TO DISTRICT

COURT CLERK

District Court Area of

District No.

...................................................................................................................................

Maintenance Creditor

...................................................................................................................................

Maintenance Debtor

TAKE NOTICE that the above named maintenance creditor *(residing) *(carrying

on profession, business or occupation) at

....................................................................................

*(and in court area and district aforesaid) will apply at the sitting of the District Court

at

...............................................................................................................................................

on the day of 19 , at m. for a DIRECTION pursuant to section 9 (1) (b) of the above Act that payments under a *maintenance/*variation/*interim order

made by the District Court at

......................................................................................................

on the day of 19 , shall be made to the District Court Clerk.

Dated this

day of

19

.

Signed

........................................

Maintenance Creditor

*(Solicitor for Maintenance Creditor)

To the District Court Clerk

at

*Delete words inapplicable

No. 54.17

O.54, r.10

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 9 (1) (b)

ORDER DIRECTING THAT PAYMENTS UNDER A *MAINTENANCE/

*VARIATION/*INTERIM ORDER SHALL BE MADE TO THE DISTRICT COURT CLERK

District Court Area of

District No.

..................................................................................................................................

Maintenance Creditor

..................................................................................................................................

Maintenance Debtor

WHEREAS by *maintenance/*variation/*interim order dated day of

19 , made at the sitting of the District Court at

.....................................................................

the above named maintenance debtor *(residing) *(carrying on profession, business or

occupation) at

..............................................................................*(in court area and district aforesaid)

was ordered to pay to the above named maintenance creditor *(residing) *(carrying on

profession, business or occupation) at

.........................................................................................

*(in court area and district aforesaid)

*(the weekly sum of £ for her support) *(and) *(the weekly sum of £ for the support of ...............,

dependent children *(of the family)

*(together with the sum of £ for costs and expenses)

AND WHEREAS an application was made to the Court on the day of 19 , by the maintenance creditor for a DIRECTION that the payments under the said order shall be made to the District Court Clerk,

THE COURT HEREBY DIRECTS that the weekly payments under the said Order

shall be made to the District Court Clerk at

.................................................................................

*(together with the sum of £ for costs and expenses including costs and expenses of this order)

Dated this

day of

19

.

Signed

......................................

Judge of the District Court

*Delete words inapplicable

No. 54.18

O.54, r.11 (1)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 9 (1) (a), 9 (i) (b)

NOTICE OF DIRECTION THAT PAYMENTS BE MADE TO DISTRICT COURT

CLERK

District Court Area of

District No.

.................................................................................................................................

Maintenance Creditor

..................................................................................................................................

Maintenance Debtor

YOU ARE HEREBY GIVEN NOTICE that the weekly payments of payable by you

to the above-named maintenance creditor of

.................................................................................

under a *maintenance *variation *interim order made at the sitting of the District Court

at

.............................................................................................................................................

on the day of 19 , *(together with the sum of £ for costs and expenses) SHOULD BE MADE TO the District Court Clerk for the above court area for transmission to the person entitled to receive them.

The first of such payments is due on the day of 19 ,

The payments should be forwarded to

The District Court Clerk,

District Court Office

at

...........................................................................

whose office hours are from

...............

to

...............

on

................................................

Dated this

day of

19

.

Signed

.......................................

District Court Clerk for above

court area.

To

of

the above-named maintenance debtor.

*Delete words inapplicable

No. 54.19

O.54, r.12

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 9 (3)

SUMMONS TO DISCHARGE DIRECTION THAT PAYMENTS UNDER

*MAINTENANCE/*VARIATION/*INTERIM ORDER BE MADE TO THE

DISTRICT COURT CLERK

District Court Area of

District No.

............................................................................................................................................

Maintenance Creditor

............................................................................................................................................

Maintenance Debtor

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court for

court area and district aforesaid to be held at

...............................................................................

on the day of 19 , at a.m./p.m. upon the hearing of an application on behalf of the above named maintenance debtor, *(residing) *(carrying on profession,

business or occupation) at

...........................................................................................................

*(in court area and district aforesaid) that the direction given under subsection (1) of section 9 of the above Act whereby payments under a *maintenance/*variation/*interim

order made at the sitting of the District Court at

..........................................................................

on the day of 19 , are required to be made to the District Court

Clerk at

....................................................................................................................................,

BE DISCHARGED.

Dated this

day of

19

.

Signed

........................................

Judge of the District Court.

(or)

Peace Commissioner

(or)

District Court Clerk

To

of

the above named maintenance creditor

*Delete words inapplicable

No. 54.20

O.54, r.12

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 9 (3)

ORDER DISCHARGING DIRECTION THAT PAYMENTS UNDER

*MAINTENANCE/*VARIATION/*INTERIM ORDER BE MADE TO THE DISTRICT COURT CLERK

District Court Area of

District No.

.....................................................................................................................................

Maintenance Creditor

......................................................................................................................................

Maintenance Debtor

WHEREAS by *maintenance/*variation/*interim order dated day of

19 , made at the sitting of the District Court at

.....................................................................

the above-named maintenance debtor *(residing) *(carrying on profession, business or

occupation) at

...........................................................................................................................

*(in court area and district aforesaid) was ordered to pay to the above named maintenance creditor

*(residing) *(carrying on profession, business or occupation) at

..................................................

*(in court area and district aforesaid) *(the weekly sum of £ for her support) *(and) *(the weekly sum

of £ for the support of

..................................................................................

dependent children

*(of the family) *(together with the sum of £ for costs and expenses)

AND WHEREAS an application was made to the Court on the day of 19 , by the maintenance debtor that the Direction given pursuant to subsection (1) of section 9 of the above Act whereby payments under the Order are required to be made to the District Court Clerk BE DISCHARGED,

AND WHEREAS the Court is satisfied—

that the summons herein dated day of 19 , was duly served upon the maintenance creditor,

AND WHEREAS the Court, having afforded the maintenance creditor an opportunity to oppose the application, is further satisfied that, having regard to the record of the payments made to the District Court Clerk and all the other circumstances, it would be proper to do so HEREBY DISCHARGES SUCH DIRECTION.

Dated this

day of

19

.

Signed

........................................

Judge of the District Court

*Delete words inapplicable

No. 54.21

O.54, r.13

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 9 (2)

REQUEST TO DISTRICT COURT CLERK TO RECOVER SUMS IN ARREAR

District Court Area of

District No.

...................................................................................................................................

Maintenance Creditor

....................................................................................................................................

Maintenance Debtor

By *maintenance/*variation/*interim order dated day of 19 ,

made at the sitting of the

..................

Court at

......................................................................

the above named maintenance debtor of

..........................................................................................

was ordered to pay to me, the above maintenance creditor, of

...........................................................

*(the weekly sum of £ for my support) *(and) *(the weekly sum of £ for

the support of

...................................................

dependent children *(of our family) *(together with

the sum of £ for costs and expenses)

The payments directed to be made have not been duly made and there is now in arrear in respect of the said order the sum of £ (being the amount of ............. weekly payments) *(together with the sum of £ for costs and expenses)

I therefore request you, the District Court Clerk for the above court area, to take such steps as you consider reasonable in the circumstances to recover the sums in arrear.

Dated this

day of

19

.

Signed

..........................................................

To the District Court Clerk at

......................................................................................................

*Delete words inapplicable

No. 55.1

O.55, r. 2 (1) (b)

MAINTENANCE ORDERS ACT, 1974

Section 14 (8) (a)

NOTICE THAT PAYMENTS HAVE BECOME PAYABLE TO THE DISTRICT

COURT CLERK FOR TRANSMISSION TO MAINTENANCE CREDITOR

District Court Area of

District No.

............................................................................................................................................

Maintenance Creditor

............................................................................................................................................

Maintenance Debtor

You are hereby given notice that the sums, particulars of which are set out below, payable by you under a maintenance order made on the day of 19 , by*

and in respect of which an enforcement order was made by the Master of the High Court on the day of 19 , have pursuant to section 14 (8) (a) of the above Act become payable to the District Court Clerk for the above court area for transmission to the maintenance creditor.

Payments under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should henceforth, until further notice, he paid to the District Court Clerk at

whose office hours are ..........................

Dated this day of 19

.

Signed ...............................................................

Clerk of the District Court for

above court area

* State Court which made order

PARTICULARS

(Insert particulars of sums due)

Total amount due at date of this notice (including any arrears, costs and expenses)

£

In addition to this amount you are obliged to pay per week in accordance with the order.

£

To

of

Maintenance Debtor

NOTE:— Section 14 (9) of the Act provides as follows: - "A maintenance debtor under an enforceable maintenance order shall give notice to the district court clerk for the district court area in which he has been residing of any change of address and, if he fails without reasonable cause to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds."

No. 55.2

O.55, r. 4 (1) (b)

MAINTENANCE ORDERS ACT, 1974

CERTIFICATE OF ARREARS

District Court Area of

District No.

....................................................................................................................................

Maintenance Creditor

.....................................................................................................................................

Maintenance Debtor

I hereby certify that the sums payable to the District Court Clerk for the above court

area on behalf of

................................................................................................................................

of

...........................................................................................................................................................

by

...........................................................................................................................................................

now residing at

.......................................................................................................................................

under a maintenance order made on the day of 19 , by*

and in respect of which an enforcement order was made by the Master of the High Court on the day of 19 ,

* State Court which made order

†[have not been paid in full, and that there is, according to the best of my information and belief, in arrears the sum of £ being the amount of weekly payments which have become due and payable up to and including day of 19 , (together with the sum of £ for costs and expenses making in all the total sum of £ )].

†[have been paid in full up to and including the day of 19 , and that there are no arrears due]

† Delete whichever inapplicable

Dated this

day of

19

.

Signed

........................................

District Court Clerk for above

court area.

†Delete whichever inapplicable

No. 55.3

O.55, r. 6 (a)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 ( 1 ) (a)

MAINTENANCE ORDERS ACT, 1974

Section 17

NOTICE OF INSTITUTION OF PROCEEDINGS

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted

against you

...........................................................................................................................................

now residing at

.......................................................................................................................................

by

..............................................................................................................................................................

of

.................................................................................................................................................................

in court area and district aforesaid for a maintenance order on the grounds that you being the spouse of the said applicant have failed to provide such maintenance as is proper in the circumstances for the said applicant

*(and the dependent children of the family namely

.....................................................................

born on

............................................................

.....................................................................

born on

............................................................

* Delete where inapplicable

under the age of 16 years]

*[and

............................................................

born on

....................................................

who has attained the age of sixteen years and is under the age of twenty-one years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment]

*[and

............................................................

born on

....................................................

who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him/her to maintain himself/herself fully]

IF YOU INTEND TO †DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the District Court Clerk at before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in, sign and return the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this

day of

19

.

Signed

........................................

District Court Clerk for above

court area.

To

of

† The Court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

NOTICE OF DEFENCE

I

.....................................................................

of

............................................................

intend to defend or be represented at the hearing of the proceedings brought against me

by

..........................................................................................................................................................

of

...........................................................................................................................................................

Further communications regarding these proceedings should he forwarded to me at .

Dated this

day of

19

.

Signed

.................................................................

To the District Court Clerk

at

STATEMENT OF MEANS

I

...............................................................................................................................................

do not intend to defend or be represented at the hearing of the proceedings brought against me

by

........................................................................................................................................................

of

.........................................................................................................................................................

I set out hereunder particulars of my present income and liabilities*

Further communications regarding these proceedings should be forwarded to me at .

Dated this

day of

19

.

Signed

................................................................

To the District Court Clerk

at

*Supporting evidence, e.g. certificate of earnings or tax assessment should be attached where possible.

*Delete where inapplicable

No. 55.4

O.55, r.6 (a)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 (1) (b)

MAINTENANCE ORDERS ACT, 1974

Section 17

NOTICE OF INSTITUTION OF PROCEEDINGS

District Court Area of

District No.

....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted

against you

.......................................................................................................................................

now residing at

.................................................................................................................................

by

.......................................................................................................................................................

of

.......................................................................................................................................................

in court area and district aforesaid, for a maintenance order on the grounds that you

being the spouse of

...................................................................................................................

*(now deceased)

* Delete where inapplicable

*(who has deserted you,) *(who has been deserted by you),

*(living separately and apart from you),

have failed to provide such maintenance as is proper in the circumstances for the dependent children of the family, namely,

.................................................................................

born on

............................................................

.................................................................................

born on

............................................................

under the age of 16 years,

*[and

........................................................................

born on

....................................................

who has attained the age of sixteen years and is under the age of twenty-one years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment]

*[and

......................................................................

born on

....................................................

who has attained the age of sixteen years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him/her to maintain himself/herself fully]

IF YOU INTEND TO †DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the District Court Clerk at

before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in, sign and return the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this

day of

19

.

Signed

...................................................

District Court Clerk for above

court area

To

of

Notice of Defence and Statement of Means as in Form 55.3.

†The Court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

No. 55.5

O.55, r.6 (a)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5A (1)

MAINTENANCE ORDERS ACT, 1974

Section 17

NOTICE OF INSTITUTION OF PROCEEDINGS

District Court Area of

District No.

.....................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted

against you

..................................................................................................................................,

now residing at

...............................................................................................................................

by

..........................................................

,of

.........................................................................

in court area and district aforesaid, for a maintenance order on the grounds that YOU, being a parent of

..................................................................................

born on

............................................................

..................................................................................

born on

..........................................................

(a) dependent children) whose parents are not married to each other (the applicant being the other parent of the said children),

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said child(ren).

*IF YOU INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence

and send it by prepaid registered post to the District Court Clerk at

...............................................

before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in, sign and return the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

*The Court may admit as evidence a letter written by you/or an affidavit or other document mad or signed by you.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this

day of

19

.

Signed

...................................................

District Court Clerk for above

court area

To

of

Notice of Defence and Statement of Means as in Form 55.3.

No. 55.6

O.55, r.6 (a)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5A (2)

MAINTENANCE ORDERS ACT, 1974

Section 17

NOTICE OF INSTITUTION OF PROCEEDINGS

District Court Area of

District No.

....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

* Delete words inapplicable

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted

against you

................................................................................................................, now residing

at

.................................................................................................................................................

by

...................................................................... ,

of

....................................................................

in court area and district aforesaid, for a maintenance order on the grounds that YOU, being a parent of

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

(a) dependent children) whose parents are not married to each other (the applicant not being the other parent and the said children) not being fully maintained by the other parent) HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said child(ren).

*IF YOU INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence

and send it by prepaid registered post to the District Court Clerk at

...............................................

before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in, sign and return the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this

day of

19

.

Signed

......................................................

Clerk of the District Court for the

above court area

To

of

*The Court may admit as evidence a letter written by you/or an affidavit or other document made or signed by you.

Notice of Defence and Statement of Means as in Form 55.3.

No. 55.7

O.55, r.6 (a)

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

MAINTENANCE ORDERS ACT, 1974

Section 17

NOTICE OF THE INSTITUTION OF PROCEEDINGS FOR VARIATION OR REVOCATION OF MAINTENANCE ORDER

District Court Area of

District No.

.....................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted

against you

...............................................................................................................................

now residing at

...........................................................................................................................

by

..................................................................................................................................................

of

..................................................................................................................................................

in court area and district aforesaid to have the maintenance order made at the sitting of the District Court at

on the day of 19 , whereby you were ordered to pay to the above named applicant *(the weekly sum of £ for her support) *(and) *(the weekly sum of £ for the support of the dependent children) *(of the family)

* Delete words inapplicable

/images/en.si.1997.0093.0027.jpgon the grounds that:—

† IF YOU INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and sent it by prepaid registered post to the District Court Clerk at before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in, sign and return the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this

day of

19

.

Signed

.......................................................

Clerk of the District Court for the

above court area

To

of

†The Court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

Notice of Defence and Statement of Means as in Form 55.3.

No. 55.8

O.55, r.4 (3)

O.55, r.6 (b)

O.55, r.10 (2) (b)

O.55, (v)

MAINTENANCE ORDERS ACT, 1974

*Section 17

*Section 19

*Delete words inapplicable

STATEMENT AS TO WHEREABOUTS OF PERSON

District Court Area of

District No.

Proceedings between

....................................................................................................................

of

......................................................................................................................................................

and

..................................................................................................................................................................

of

.......................................................................................................................................................

Following is a statement of the information I possess regarding the whereabouts of

the said

.....................................................................................................................................

Dated this

day of

19

.

Signed

....................................................

Clerk of the District Court for the

above court area

No. 55.9

O.55, r.6 (c)

r.10 (2) (b)

(vi)

MAINTENANCE ORDERS ACT, 1974

*Section 17

*Section 19

*Delete whichever inapplicable

STATEMENT AS TO IDENTIFICATION OF PERSON

District Court Area of

District No.

Proceedings between

.................................................................................................................

of

....................................................................................................................................................

and

....................................................................................................................................................................

of

............................................................................................................................................................

Following is a statement of the information I possess regarding the identification of

the said

.....................................................................................................................................

No. 55.10

O.55, r.6

MAINTENANCE ORDERS ACT, 1974

Section 17

SCHEDULE OF DOCUMENTS

District Court Area of

District No.

Proceedings between

.................................................................................................................

of

...................................................................................................................................................

and

..................................................................................................................................................................

of

..........................................................................................................................................................

*Delete whichever inapplicable

Proceedings have been instituted for the *making/*variation/*revocation of an Order made under the Family Law (Maintenance of Spouses and Children) Act, 1976 and in this regard I am enclosing herewith the following documents:—

Dated this

day of

19

.

Signed

....................................................

Clerk of the District Court for the

above court area

To the Master of the High Court

Four Courts

Dublin 7

_____________

The documents, particulars of which are set out above, have been received by me on the day

of 19 .

Dated this

day of

19

.

Signed

....................................................

Master of the High Court

To the District Court Clerk

at

*Delete words inapplicable

No. 55.11

O.55, r.7

MAINTENANCE ORDERS ACT, 1974

Section 17

NOTICE OF HEARING

District Court Area of

District No.

Maintenance Proceedings between

..............................................................................................

of

........................................................................................................................................................

and

.......................................................................................................................................................................

of

..............................................................................................................................................................

TAKE NOTICE that the above proceedings have been listed for hearing at the sitting of the District Court to be held at

on the day of 19 , at .m.

Dated this

day of

19

.

Signed

....................................................

Clerk of the District Court for

above court area

To

of

and

To

of

No. 55.12

O.55, r.9

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 (1) (a)

MAINTENANCE ORDERS ACT, 1974

Section 17

MAINTENANCE ORDER

District Court Area of

District No.

......................................................................................................................................

Maintenance Creditor

......................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, residing at .......................................................................................

in court area and district aforesaid, FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor, residing at .......................................................

being the spouse of the said maintenance creditor, has failed to provide such maintenance as is proper in the circumstances for the said maintenance creditor *(and the dependent children) of the family).

AND THE COURT BEING SATISFIED—

(i) that notice of the institution of these proceedings was served upon the

maintenance debtor at

.................................................................................................

in accordance with the law of that place,

(ii) that such notice was served upon the maintenance debtor in sufficient time to enable him/her to arrange for his/her defence, and

(iii) that such notice included a statement of the substance of the said application.

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor).

THE COURT HEREBY ORDERS—

*1. that the maintenance debtor pay to the maintenance creditor for his/her support the weekly sum of £

*2. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

...................................................................................

born on

............................................................

making in all the total weekly sum of £ ,

3. that the first of such payments be made on the day of 19 .

*4. That the maintenance debtor pay to the maintenance creditor the sum of £

being the costs and expenses incurred in obtaining this Order.

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at

..............................................................................................................................................)

*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act).

Dated this

day of

19

.

Signed

....................................................

Judge of the District Court

*Delete words inapplicable

No. 55.13

O.55, r.9

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5 (1) (b)

MAINTENANCE ORDERS ACT 1974

Section 17

MAINTENANCE ORDER

District Court Area of

District No.

....................................................................................................................................

Maintenance Creditor

.....................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, residing at ......................................................................................, in court area and district aforesaid, FOR A MAINTENANCE ORDER against the above-named maintenance debtor, on the ground that the maintenance debtor, residing at .................................................................................................................................. being the spouse of ............................................................................................*(now deceased)

*(who has deserted him/her) '`(who has been deserted by him/her) *(living separately and apart from him/her), has failed to provide such maintenance as is proper in the circumstances for the dependent children) of the family).

AND THE COURT BEING SATISFIED—

(i) that notice of the institution of these proceedings was served upon the

maintenance debtor at

.......................................................................................................

in accordance with the law of that place,

(ii) that such notice was served upon the maintenance debtor in sufficient time to enable him/her to arrange for his/her defence, and

(iii) that such notice included a statement of the substance of the said application.

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor)

THE COURT HEREBY ORDERS—

1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall

attain the age of sixteen years and thereafter if, when the child shall attain that age, he

or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

..................................................................................

born on

............................................................

.................................................................................

born on

............................................................

..................................................................................

born on

............................................................

making in all the total weekly sum of £ ,

2. that the first of such payments be made on the day of 19 .

*3. That the maintenance debtor pay to the maintenance creditor the sum of £

being the costs and expenses incurred in obtaining this Order.

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at

...............................................................................................................................................

*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act).

Dated this

day of

19

.

Signed

....................................................

Judge of the District Court

*Delete words inapplicable

No. 55.14

O.55, r.9

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5A (1)

MAINTENANCE ORDERS ACT, 1974

Section 17

MAINTENANCE ORDER

District Court Area of

District No.

....................................................................................................................................

Maintenance Creditor

.....................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-

named maintenance creditor, residing at

.......................................................................................

in court area and district aforesaid, being a parent of

....................................................................................

born on

............................................................

....................................................................................

born on

............................................................

(a) dependent children) whose parents are not married to each other, FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that

the maintenance debtor, residing at

.............................................................................................,

being the other parent of the said dependent child(ren), has failed to provide such maintenance for the children) as is proper in the circumstances.

AND THE COURT BEING SATISFIED

(i) that notice of the institution of these proceedings was served upon the

maintenance debtor at

..............................................................................................

in accordance with the law of that place,

(ii) that such notice was served upon the maintenance debtor in sufficient time to enable him/her to arrange for his/her defence, and

(iii) that such notice included a statement of the substance of the said application,

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),

THE COURT HEREBY ORDERS

1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

making in all the total weekly sum of £ ,

2. that the first of such payments be made on the day of 19 ,

*(3. that the maintenance debtor pay to the maintenance creditor the sum of £

being the costs and expenses incurred in obtaining this order),

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at .............................................................................................................................................),

*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act).

Dated this

day of

19

.

Signed

....................................................

Judge of the District Court

*Delete words inapplicable

No. 55.15

O.55, r.9

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 5A (2)

MAINTENANCE ORDERS ACT, 1974

Section 17

MAINTENANCE ORDER

District Court Area of

District No.

.....................................................................................................................................

Maintenance Creditor

.....................................................................................................................................

Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-

named maintenance creditor, residing at

.....................................................................................

in court area and district aforesaid, a person other than a parent (within the meaning of section 5A (2) of the above first-mentioned Act) FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance

debtor, residing at

....................................................................................................................

being a parent of

.................................................................................

born on

............................................................

..................................................................................

born on

............................................................

(a) dependent children) whose parents are not married to each other (and not being (a) children) who is/are being fully maintained by the other parent), has failed to provide such maintenance for the children) as is proper in the circumstances.

AND THE COURT BEING SATISFIED

(i) that notice of the institution of these proceedings was served upon the

maintenance debtor at

.................................................................................................

in accordance with the law of that place,

(ii) that such notice was served upon the maintenance debtor in sufficient time to enable him/her to arrange for his/her defence, and

(iii) that such notice included a statement of the substance of the said application,

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance

creditor *(and the maintenance debtor),

THE COURT HEREBY ORDERS

1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

...................................................................................

born on

............................................................

...................................................................................

born on

............................................................

...................................................................................

born on

............................................................

making in all the total weekly sum of £ ,

2. that the first of such payments be made on the day of 19 ,

*(3. that the maintenance debtor pay to the maintenance creditor the sum of £

being the costs and expenses incurred in obtaining this order),

*(AND THE COURT DIRECTS pursuant to section 9 (1 ) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at .............................................................................................................................................),

*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act).

Dated this

day of

19

.

Signed

....................................................

Judge of the District Court

No. 55.16

O.55, r.9

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 6 (1) (b)

MAINTENANCE ORDERS ACT. 1974

Section 17

ORDER /images/en.si.1997.0093.0028.jpg MAINTENANCE ORDER

District Court Area of

District No.

..................................................................................................................................

Maintenance Creditor

...................................................................................................................................

Maintenance Debtor

WHEREAS by maintenance order dated the day of 19 , made

at the sitting of the District Court held at

...........................................................................................

the above named maintenance debtor residing at

...............................................................................

was ordered to pay to the above named maintenance creditor of

.....................................................

in court area and district aforesaid *(the weekly sum of £ for her support) *(and) the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

AND WHEREAS an application was made to the Court on the day of 19 , by the said

/images/en.si.1997.0093.0029.jpgfor the /images/en.si.1997.0093.0030.jpg of the said maintenance order,

AND THE COURT BEING SATISFIED—

(i) that notice of the institution of these proceedings was served upon the

maintenance (debtor) (creditor) at

.................................................................................

in accordance with the law of that place,

(ii) that such notice was served upon the maintenance (debtor) (creditor) in sufficient time to enable him/her to arrange for his/her defence, and

(iii) that such notice included a statement of the substance of the said application.

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor)

THE COURT HEREBY ORDERS—

That the said maintenance order dated day of 19 , * (BE REVOKED)

1. *(BE VARIED AS FOLLOWS

that the maintenance debtor pay to the maintenance creditor for her/his support the weekly sum of £

2. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of sixteen years and thereafter if, when the child has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of twenty-one years, or until such education or instruction has been completed, whichever is the sooner, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully,

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

..................................................................................

born on

............................................................

making in all the total weekly sum of £ ,

3, that the first of such payments be made on the day of 19

*4. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order).

*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at ..............................................................................................................................................)

*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act).

Dated this

day of

19

.

Signed

.................................................

Judge of the District Court

*Delete words inapplicable

No. 55.17

O.55, r.9

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 7

MAINTENANCE ORDERS ACT, 1974

Section 17

INTERIM ORDER

District Court Area of

District No.

......................................................................................................................................................

Applicant

.......................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPLICATION made to this Court to-day by the

above-named applicant, residing at

.............................................................................................

*(in court area and district aforesaid) FOR A MAINTENANCE ORDER against the above-named Respondent, on the grounds that the Respondent, residing at

..............................................................................................................................................,

*[being the spouse of the said Applicant and there being ......... dependent children) of the family as named hereunder],

*[being the spouse of

........................................................................................ *(now deceased)

*(who has deserted him/her) *(who has been deserted by him/her) *(living separately and apart from him/her) and there being ............. dependent children) of the family as named hereunder],

*[being a parent of the dependent children) named hereunder, whose parents are not married to each other (the Applicant being the other parent of the said child(ren)],

*[being a parent of the dependent children) named hereunder whose parents are not married to each other (the Applicant not being the other parent of the said children) and the children) not being fully maintained by the other parent],

...................................................................................

born on

............................................................

...................................................................................

born on

............................................................

has failed to provide such maintenance *(for the said Applicant) *(and) *(for the said dependent children) as is proper in the circumstances.

AND THE COURT BEING SATISFIED

(i) that notice of the institution of these proceedings was served upon the

Respondent at

............................................................................................................

in accordance with the law of that place,

(ii) that such notice was served upon the Respondent in sufficient time to enable him/her to arrange for his/her defence, and

(iii) that such notice included a statement of the substance of the said application.

AND NOT YET HAVING DECIDED whether to make or to refuse to make the maintenance order, but having regard to the needs of the persons for whose support the maintenance order is sought and the other circumstances of the case.

THE COURT HEREBY ORDERS that the said Respondent pay to the said Applicant the weekly sum of £ on and from the day of 19 *(up to and including the day of 19 ) *(until the application for a maintenance order is adjudicated upon).

*(AND THE COURT DIRECTS pursuant to section 9 ( 1 ) (a) of the above-first-mentioned Act that the payments aforesaid be made to the District Court Clerk at

........................................................................................................................................................................

*(AND the Applicant requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act).

Dated this

day of

19

.

Signed

....................................................

Judge of the District Court

*Delete words inapplicable

No. 55.18

O.55, r.9

MAINTENANCE ORDERS ACT, 1974

Section 19

NOTICE TO MAINTENANCE DEBTOR OF THE MAKING OF

MAINTENANCE ORDER

District Court Area of

District No.

...................................................................................................................................

Maintenance Creditor

....................................................................................................................................

Maintenance Debtor

TAKE NOTICE that at the sitting of the District Court at

on the day of 19 , an Order was made against you, the above named maintenance debtor to the following effect:—*

Dated this

day of

19

.

Signed

....................................................

Clerk of the District Court for above court area

To

of

Maintenance debtor

*Set out Order of the Court

No. 55.19

O.55, r.10 (1)

MAINTENANCE ORDERS ACT, 1974

Section 19

APPLICATION TO HAVE MAINTENANCE ORDER TRANSMITTED TO

RECIPROCATING JURISDICTION FOR ENFORCEMENT

District Court Area of

District No.

...................................................................................................................................

Maintenance Creditor

....................................................................................................................................

Maintenance Debtor

By maintenance order dated day of 19 , and made at the sitting of the District Court at the above named maintenance debtor was ordered to pay to me,

the above named maintenance creditor of

......................................................................................

in court area and district aforesaid, the weekly sum of £ *(together with the sum of £ for costs and expenses).

The said maintenance debtor is now residing at

.....................................................................

and, pursuant to the above Act, I hereby apply to have the said maintenance order transmitted to the appropriate jurisdiction for enforcement.

Dated this

day of

19

.

Signed

....................................................

Maintenance Creditor

To the District Court Clerk

at

Delete where inapplicable

No. 55.20

O.55, r.10 (2) (b)

MAINTENANCE ORDERS ACT, 1974

Section 19

CERTIFICATE THAT MAINTENANCE ORDER IS ENFORCEABLE IN THE

STATE AND THAT NOTICE THEREOF HAS BEEN SENT TO MAINTENANCE

DEBTOR

District Court Area of

District No.

....................................................................................................................................

Maintenance Creditor

.......................................................................................................................................

Maintenance Debtor

I hereby certify that the maintenance order (a certified copy of which is enclosed herewith) is enforceable in this State.

I further hereby certify that notice of such order was sent by registered prepaid post on the day

of 19 , to the maintenance debtor at the following address—

Dated this

day of

19

.

Signed

....................................................

Clerk of the District Court for the above court area

No. 55.21

O.55, r.10 (2) (b) (iv)

MAINTENANCE ORDERS ACT, 1974

Section 19

CERTIFICATE OF ARREARS

District Court Area of

District No.

....................................................................................................................................

Maintenance Creditor

....................................................................................................................................

Maintenance Debtor

I hereby certify that the payments directed to be made under the maintenance order (a certified copy of which is enclosed herewith)

*[have not been paid in full, and that there is, according to the best of my information and belief, in arrear the sum of £ being the amount of weekly payments which have become due and payable up to and including the day of 19 , (together with the sum of £ for costs and expenses, making in all the total sum of £ ).

*[have been paid in full up to and including the day of 19 , and that there are no arrears due].

Dated this

day of

19

.

Signed

.........................................................

Clerk of the District Court for the above court area

*Delete whichever inapplicable

No. 55.22

O.55, r.10 (2)

MAINTENANCE ORDERS ACT, 1974

Section 19

SCHEDULE OF DOCUMENTS

District Court Area of

District No.

Proceedings between

....................................................................................................................

of

.......................................................................................................................................................

and

...................................................................................................................................................................

of

..........................................................................................................................................................

Application has been made to me, the District Court Clerk for the above court area, to have the maintenance order referred to herein transmitted to the appropriate jurisdiction for enforcement and in this regard I am enclosing herewith the following documents:—

Dated this

day of

19

.

Signed

....................................................

Clerk of the District Court for the above court area

To the Master of the High Court

Four Courts

Dublin 7

____________

The documents particulars of which are set out above have been received by me on

the day of 19 .

Dated this

day of

19

.

Signed

....................................................

Master of the High Court

To the District Court Clerk

at

No. 55.23

O.55, r.11

MAINTENANCE ORDERS ACT, 1974

Section 20

REQUEST FOR THE TAKING OF EVIDENCE OF PERSON RESIDING IN

RECIPROCATING JURISDICTION

District Court Area of District No.

District Court Area of

District No.

Proceedings between

..................................................................................................................

of

....................................................................................................................................................

and

..............................................................................................................................................................

of

...................................................................................................................................................

The above proceedings are at present at hearing before the District Court at .............

The nature of the proceedings is as follows:—

The Court now requests that the evidence of

.........................................................................

of

.............................................................................................................................................

be taken regarding the following matters *(and that the following questions be asked of

the said

...................................................................................................................................).

Dated this

day of

19

.

Signed

....................................................

Judge of the District Court

To the Master of the High Court

Four Courts

Dublin 7

*Delete where inapplicable

No. 55.24

O.55, r.12 (1)

MAINTENANCE ORDERS ACT, 1974

Section 21

SUMMONS FOR ATTENDANCE OF PERSON TO GIVE EVIDENCE

District Court Area of

District No.

Maintenance proceedings between

..............................................................................................

of

........................................................................................................................................................

and

..................................................................................................................................................................

of

.......................................................................................................................................................

WHEREAS for the purpose of the above mentioned maintenance proceedings in the

*

a request has been received by the Master

of the High Court for the taking in the State of evidence from you relating to the following matters specified in the request:—

AND WHEREAS the Master of the High Court has requested the Judge of the District Court assigned to the above-mentioned District to take such evidence:

YOUR ARE HEREBY REQUIRED to attend before the said Judge at

on the day of 19 , at .m. for the purpose of giving such evidence.

Dated this

day of

19

.

Signed

....................................................

Clerk of the District Court for above court area

To

of

*State name of Court

No. 55.25

O.55, r.12 (2)

MAINTENANCE ORDERS ACT, 1974

DEPOSITION

District Court Area of

District No.

Proceedings between

....................................................................................................................

of

.......................................................................................................................................................

and

................................................................................................................................................................

of

........................................................................................................................................................

At present at hearing before*

..............................................................................................

at

................................................................................................................................................

The deposition of

................................................................................................................

of

................................................................................................................................................

who says on oath:—

Signed

.......................................................

Deponent

Taken before me this

day of

19

, at

........................................

Signed

.......................................................

Judge of the District Court

I certify that the foregoing deposition records the evidence given before me by the deponent.

Signed

.......................................................

Judge of the District Court

*State name of Court

No. 56.1

O.56, r.3

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS SUMMONS

District Court Area of

District No.

....................................................................................................................................

Maintenance Creditor

....................................................................................................................................

Maintenance Debtor

WHEREAS by *maintenance/*variation/*interim/order dated day of

19 , made at the sitting of the District Court at

......................................................................

*(in court area and district aforesaid) AGAINST YOU the above named maintenance debtor YOU WERE ORDERED to pay the total weekly sum of £ *(together with the sum of £ for costs and expenses) to the above named maintenance

creditor of

............................................................................................................................................

† (AND WHEREAS the Court pursuant to subsection (1) of section 9 of the above Act directed that payments under the said Order be made to the District Court Clerk for the above court area),

AND WHEREAS the payments directed to be made by the said Order have not been duly made and there is now in arrear in respect of the same the sum of £ being the amount of weekly payments which have become due and payable *(within the six months immediately preceding the date of issue of this summons) *(together with the sum of £ for costs and expenses) making in all the sum of £

† (AND WHEREAS I, being the District Court Clerk for the above court area and the person to whom payments under the said Order were directed to be made, have, pursuant to subsection (2) of section 9 of the above Act, been requested in writing by the above named maintenance creditor to take such steps as 1 consider reasonable in the circumstances to recover the sums in arrear).

THIS IS TO REQUIRE YOU to appear at the sitting of the District Court to be held

at

............................................................................................................................................................

in court area and district aforesaid on the day of 19 , at .m. on the hearing of an application for an ATTACHMENT OF EARNINGS ORDER,

AND YOU ARE ALSO REQUIRED to fill in and sign the attached STATEMENT

OF PARTICULARS and send it to the Clerk of the District Court at

.............................................

so as to reach his/her office at least forty-eight hours before the date of hearing of the application.

Dated this

day of

19

.

Signed

...................................................

Judge of the District Court,

(or)

Peace Commissioner,

(or)

District Court Clerk

To

of

(the above named maintenance debtor)

* * * * *

STATEMENT OF PARTICULARS

Name and address of Employee(s)

........................................................................

........................................................................

........................................................................

........................................................................

Weekly earnings

........................................................................

Income from any other sources

........................................................................

Place of work

........................................................................

Nature of work

........................................................................

Works number (if any)

........................................................................

Social Welfare number

........................................................................

P.A.Y.E. number

........................................................................

Liabilities

........................................................................

To the District Court Clerk

........................................................................

at

........................................................................

(the above named maintenance debtor)

*Delete where inapplicable

†Delete where summons issued by the maintenance creditor

No. 56.2

O.56, r.3

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS SUMMONS

District Court Area of

District No.

..................................................................................................................................

Maintenance Creditor

..................................................................................................................................

Maintenance Debtor

WHEREAS by the maintenance order dated day of 19 , made

by *

...........................................................................................................................................................

you the above maintenance debtor residing at

...................................................................................

in court area and district aforesaid were ordered to pay to the above named maintenance

creditor of

...................................................................................................................................................

the total weekly sum of £ †(together with the sum of £ for costs and expenses).

AND WHEREAS the Master of the High Court on the day of 19 , made an enforcement order in respect of the said maintenance order,

AND WHEREAS the payments directed to be made by the said maintenance order as ordered to be enforced by the said enforcement order have not been duly made and there is now in arrear in respect of same the sum of being the amount of weekly payments which have become due and payable †(within six months immediately preceding the date of issue of this summons) †(together with the sum of £ for costs and expenses) making in all the sum of £ ,

AND WHEREAS I, being the District Court Clerk for the above court area, and the person to whom payments under the said maintenance order are to be paid and the person authorised to take these proceedings, have been requested in writing by the above named maintenance creditor to make application under section 10 of the above Act.

THIS IS TO REQUIRE YOU to appear at the sitting of the District Court, to be

held at

.......................................................................................................................................................

in court area and district aforesaid on the day of 19 , at .m. on the hearing of an application for an ATTACHMENT OF EARNINGS ORDER.

AND YOU ARE ALSO REQUIRED to fill in and sign the attached STATEMENT OF PARTICULARS and send it to the District Court Clerk at ......................................... so as to reach his office at least forty-eight hours before the date of hearing of the application.

Dated this

day of

19

.

Signed

....................................................

District Court Clerk for above court area

To

of

(the above named maintenance debtor)

Statement of particulars as in Form 56.1 to be added

*State Court which made order

†Delete where inapplicable

No. 56.3

O.56, r.3

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS ORDER

District Court Area

District No.

.......................................................................................................... Maintenance Creditor

........................................................................................................... Maintenance Debtor

WHEREAS by *maintenance)*variation/*interim/order dated

day of

19 , made at the sitting of the District Court at ..........................................................................

*(in court area and district aforesaid)

the above named maintenance debtor

*residing

*carrying on profession, business or occupation

at ..................................................................................................................................................................

*(in court area and district aforesaid)

was ordered to pay to the above named maintenance creditor

*residing

*carrying on profession, business or occupation

at ..................................................................................................................................................................

*(in court area and district aforesaid)

*(the weekly sum of £ for her/his support) *(and) *(the weekly sum of £

for the support of ........... dependent children *(of the family) *(together with the sum of

£

for costs and expenses);

AND WHEREAS the Court is satisfied

(i) that the summons herein dated day of 19 , was duly

served upon the maintenance debtor,

(ii) that of the said weekly payments which have become due and payable by

virtue of the said order *(within the six months immediately preceding

the date of said summons), the sum of £

*(together with the

sum of £

For costs and expenses) making in all the sum of

£

has not been duly paid,

(iii) that the maintenance debtor has, without reasonable excuse defaulted in the making of the said payments.

THE COURT HEREBY ORDERS YOU to whom this order is addressed, on the

expiration of ten days from the date of service of this order upon you, to deduct the

sums set out hereunder from the earnings of the maintenance debtor employed by you,

*(whose social welfare number is ......................... and whose P.A.Y.E. number is.................................. )

and transmit the said sums *(to ................................................................................................................

of ............................................................................................................................................................... )

*(to the District Court Clerk at ................................................................................................................. )

1. The weekly sum of £

in respect of current payments under the order first mentioned.

*2. The weekly sum of £

for

consecutive weeks (and a final payment of

£ )

in respect of arrears of payments under the order first mentioned up to the

date of this order and the further instalments of arrears accruing due between the date

of this order and the date of commencement of such deductions from earnings.

*3. The weekly sum of £

for

consecutive weeks (and a final payment of

£ )

in respect of costs and expenses in connection with the order first mentioned

and this order.

The normal deduction rate shall be the total of the sums referred to at 1, 2 and 3

above. When the payment referred to at 2 or 3 has been completed the said rate shall

be reduced by the amounts of such payment.

The protected earnings rate shall be £ per week, below which the earnings shall

not be reduced by reason of this order.

Dated this

day of

19

Signed ..............................................................

Judge of the District Court

To

of

(employer of above named maintenance debtor)

And to any other person who subsequently may have the maintenance debtor in his

employment.

NOTE: If the maintenance debtor is not in your employment you should within ten

days from the date of service of this Order upon you or if at any time the debtor ceases

to be in your employment within ten days from such cesser fill in and sign the attached

notice and send it to the District Court Clerk (see section 11 (2) of the Family Law

(Maintenance of Spouses and Children) Act, 1976)

******

NOTICE THAT MAINTENANCE DEBTOR IS NOT EMPLOYED OR HAS

CEASED TO BE EMPLOYED BY PERSON TO WHOM AN ATTACHMENT OF

EARNINGS ORDER IS DIRECTED

To the District Court Clerk at .....................................................................................................................

An Attachment of Earnings Order dated

day of

19 , made at the

sitting of the District Court at ........................................................................................................................

relating to earnings falling to be paid to .......................................................................................................

of .........................................................................................................................................................................

was directed to and served on me ................................................................................................................

.............................................................................................................................................................................

I hereby give you notice that the said .................................................................................................

*(is not in my employment) *(ceased to be in my employment on the

day

of

19

)

Dated this

day of

19 .

Signed ..................................................................

*Delete where applicable

No. 56.4

O.56, r.3

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 10 (1) (a) (iii)

ATTACHMENT OF EARNINGS ORDER

District Court Area of

District No.

.................................................................................................. Maintenance Creditor

.................................................................................................. Maintenance Debtor

WHEREAS by maintenance order dated

day of

19 ,

made by

* the above named maintenance debtor of ...............................................................................................

was ordered to pay to the above named maintenance creditor of .........................................................

† (the weekly sum of £ for her/his support) †(and the weekly sum of £ for

the support of ............. dependant children of the family) †(together with the sum of £

for costs and expenses);

AND WHEREAS the Court is satisfied—

(i) that the summons herein dated

day of

19 ,was duly

served upon the maintenance debtor,

(ii) that, of the said weekly payments which have become due and payable

by virtue of the said order †(within the six months immediately preceding

the date of said summons), the sum of £

†(together with the

sum of £

for costs and expenses) making in all the sum of

£

has not been duly paid

(iii) that the maintenance debtor has, without reasonable excuse, defaulted in the making of the said payments.

THE COURT HEREIN ORDERS YOU, to whom this order is addressed, on the

expiration of ten days from the date of service of this Order upon you, to deduct the

sums set out hereunder from the earnings of the maintenance debtor employed by you,

† (whose social welfare number is ....................... and whose P.A.Y.E. number is ....................... ),

and transmit the said sums to the District Court Clerk at ..................................................................

1. The weekly sum of £.

in respect of current payments under the order first mentioned

2. The weekly sum of £

for consecutive weeks (and a final payment of

£ )

in respect of arrears of payments under the order first mentioned up to the

date of this order and the further instalments of arrears accruing due between the date

of this order and the date of commencement of such deductions from earnings.

3. The weekly sum of £

for consecutive weeks (and a final payment of

£ )

in respect of costs and expenses in connection with the order first mentioned

and this order.

The normal deduction rate shall be the total of the sums referred to at 1, 2 and 3

above. When the payment referred to at 2 or 3 has been completed the said rate shall

be reduced by the amounts of such payment.

The protected earnings rate shall be £

per week below which the earnings shall

not be reduced by reason of this order.

Dated this

day of

19 .

Signed ..................................................................

Judge of the District Court

To

Of

(employer of above named maintenance debtor)

and to any other person who subsequently may have the maintenance debtor in his employment

NOTE: If the maintenance debtor is not in your employment you should within ten

days from the date of service of this Order upon you or if at any time the debtor ceases

to be in your employment within ten days from such cesser fill in and sign the attached

notice and send it to the District Court Clerk (see section 11 (2) of the Family Law

(Maintenance of Spouses and Children) Act, 1976.

NOTICE THAT MAINTENANCE DEBTOR IS NOT EMPLOYED OR HAS

CEASED TO BE EMPLOYED BY PERSON TO WHOM AN ATTACHMENT OF

EARNINGS ORDER IS DIRECTED

To the District Court Clerk at ...............................................................................................................

An attachment of Earnings Order dated

day of

19 , made at the

sitting of the District Court at ..............................................................................................................

relating to earnings falling to be paid to ............................................................................................

of .............................................................................................................................................................

was directed to and served on me .......................................................................................................

of .............................................................................................................................................................

I hereby give you notice that the said ...................................................................................................

is not in my employment †(ceased to be in my employment on the

day

of

19

).

Dated this

day of

19

Signed ..................................................................

*State court which made Order.

†Delete where inapplicable.

No. 56.5

O.56, r.8

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 13 (1) (b)

ORDER OF THE COURT REQUIRING STATEMENT OF PARTICULARS OF

MAINTENANCE DEBTOR'S EARNINGS

District Court Area of

District No.

................................................................................................................................................ Maintenance Creditor

................................................................................................................................................... Maintenance Debtor

WHEREAS an application was made to the Court on the

day of

19 ,

by the above named maintenance creditor of .....................................................................

for an Attachment of Earnings Order against the above named maintenance debtor of

AND WHEREAS it appears to the Court that you ......................................................................

of ...................................................................................................................................................

have the maintenance debtor in your employment

YOU ARE HEREBY REQUIRED within seven days from the date of service of this

Order upon you to fill in and sign the attached statement of particulars and send it to

the District Court Clerk at ................................................................................................................

Dated this

day of

19

Signed ...............................................................

Judge of the District Court

To

Of

*******

STATEMENT OF PARTICULARS OF THE EARNINGS OF THE ABOVE

MAINTENANCE DEBTOR

*[........................................................................... of ..............................................................................

the above named maintenance debtor is employed by me

and set out hereunder are particulars of his/her earnings—

Gross weekly earnings ..........................................................................................................................

Deductions (particulars of each deduction to be set out) ..............................................................

Average weekly wage over the last 3 months ...................................................................................

Nett weekly earnings at present ........................................................................................................

Expected weekly earnings over next 12 months .................................................................................

Dated this

day of

19

Signed ........................................................]

[*....................................................................... of ....................................................................................

the above named maintenance debtor is not employed by me.

Dated this

day of

19 .

Signed ...............................................................

*Delete where applicable

No. 56.6

O.56, r.9

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 15

SUMMONS TO DETERMINE WHETHER PARTICULAR PAYMENTS ARE EARNINGS

District Court Area of

District No.

.................................................................................................................................................... Maintenance Creditor

........................................................................................................................................................ Maintenance Debtor

WHEREAS by Attachment of Earnings Order dated

day of

19 ,

made at the sitting of the District Court at ...........................................................................................

the employer .................................................. of ......................................................................................

was ordered to deduct the weekly sum of £

from the earnings of the above named

maintenance debtor.

AND WHEREAS an application has been made by the *Maintenance

Creditor/District Court Clerk/*Maintenance Debtor/*Employer for a DETERMINATION

as to whether certain payments to wit—

payable to the maintenance debtor by the said employer are earnings for the purpose of

the above Order.

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court to

be held at .............................................................................................................................................

in court area and district aforesaid on the

day of

19 at

.m.

upon the hearing of the said application.

Dated this

day of

19

Signed ...............................................................

Judge of the District Court

(or)

Peace Commissioner,

(or)

District Court Clerk

To

of

To

of

To

of

or

To the clerk of the District Court

of

*Delete whichever inapplicable

No. 56.7

O.56, r.10

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 15

ORDER DETERMINING WHETHER PAYMENTS OF A PARTICULAR CLASS

OR DESCRIPTION ARE EARNINGS FOR THE PURPOSE OF AN

ATTACHMENT OF EARNINGS ORDER

District Court Area of

District No.

.......................................................................................................................... Maintenance Creditor

.......................................................................................................................... Maintenance Debtor

WHEREAS by Attachment of Earnings Order dated

day of

19 ,

made at the sitting of the District Court at ............................................................................................

the Employer.......................................................................................................................................

of .......................................................................................................................................................

was ordered to deduct the weekly sum of £ from the earnings of the above named

maintenance Debtor.

AND WHEREAS an application was made to the Court on the day

of

19 , by the *Maintenance Creditor/*District Court Clerk/*Maintenance

Debtor/*Employer for a Determination as to whether certain payments to wit—

payable to the maintenance debtor by the above named Employer are earnings for the

purpose of the said Attachment of Earnings Order.

AND WHEREAS the Court is satisfied that the summons herein dated

day

of

19 ,

was duly served on the *Maintenance Debtor/ *Employer/*Maintenance

Creditor/*District Court Clerk.

THE COURT HEREBY ORDERS AS FOLLOWS—

Dated this

day of

19

Signed ..................................................................

Judge of the District Court

*Delete whichever is applicable

No. 56.8

O.56, r.11

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 17 (1)

SUMMONS TO VARY OR DISCHARGE ATTACHMENT OF EARNINGS

ORDER

District Court Area of

District No.

........................................................................................................................... Maintenance Creditor

........................................................................................................................... Maintenance Debtor

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court to

be held at .........................................................................................................................................................

in court area and district aforesaid on the

day of

19 ,

at

.m.

upon the hearing of an application on behalf of the above named

*Maintenance Creditor

*Maintenance Debtor

*residing

*carrying on profession, business or occupation

at ..............................................................................................................................................................

*(in court area and district aforesaid)

*(upon the hearing of an application on behalf of the District Court Clerk for the above

court area on whose application the Attachment of Earnings Order referred to herein

was made), to have the Attachment of Earnings Order dated

day of

19 ,

made at the sitting of the District Court at .....................................................................

whereby ................................................................. of ...................................................................................

was ordered to deduct the weekly sum of £ from the earnings of the maintenance debtor.

/images/en.si.1997.0093.0031.jpg as provided by section 17 of the above Act.

Dated this

day of

19

Signed ..................................................................

Judge of the District Court,

(or)

Peace Commissioner,

(or)

District Court Clerk

To

of

the above named

*Maintenance Creditor

*Maintenance Debtor

*Delete whichever is applicable

No. 56.9

O.56, r.11

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 17 (1)

ORDER /images/en.si.1997.0093.0032.jpg ATTACHMENT OF EARNINGS ORDER

District Court Area of

District No.

........................................................................................................................... Maintenance Creditor

........................................................................................................................... Maintenance Debtor

WHEREAS by Attachment of Earnings Order dated

day of

19 ,

made at the sitting of the District Court at ..........................................................................................

*(in court area and district aforesaid)

............................................................................................... of .....................................................................................

being a person having the maintenance debtor in his/her employment was ordered to

deduct the weekly sum of £

from the earnings of the maintenance debtor and

transmit such sums *(to the maintenance creditor of ..................................................................... ),

*(to the District Court Clerk at ........................................................................................................ ).

AND WHEREAS an application was made to the Court on the day

of

19 ,

by the *maintenance creditor/*maintenance debtor/*District

Court Clerk to have the said Attachment of Earnings Order

*varied,

*discharged,

AND WHEREAS the Court is satisfied that the summons herein dated day

of

19 ,

was duly served upon the *maintenance creditor/*maintenance debtor.

THE COURT HEREBY ORDERS that the said Attachment of Earnings Order

*(BE DISCHARGED) *(BE VARIED AS FOLLOWS—

Dated this

day of

19

Signed ..............................................................

Judge of the District Court

*Delete where applicable

No. 56.10

O.56, r.12

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

Section 18 (2)

NOTICE THAT ATTACHMENT OF EARNINGS ORDER HAS BEEN

DISCHARGED

District Court Area of

District .

................................................................................................................................................. Maintenance Creditor

................................................................................................................................................. Maintenance Debtor

TAKE NOTICE that the Attachment of Earnings Order dated day

of

19 ,

made at the sitting of the District Court at .................................................

whereby you as employer of the above named maintenance debtor of ..............................................

were ordered to deduct the weekly sum of £ from the earnings of the said maintenance

debtor has on and from the

day of

19 , BEEN

DISCHARGED and thereby has ceased to have effect except as regards the sum of

£

being the payments due under the said order up to the date of such discharge.

Dated this

day of

19

Signed .............................................................

District Court Clerk

To

of

No. 57.1

O.57, r.3

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

INFORMATION

District Court Area of

District No.

....................................................................................................................................................... Maintenance Creditor

....................................................................................................................................................... Maintenance Debtor

The information of ......................................................................................................................

of .............................................................................................................................................................

who says on oath:

By *maintenance/*variation/*interim order dated

day of

19 ,

made at the sitting of the District Court at ..........................................................................................

the maintenance debtor of .....................................................................................................................

was ordered to pay to me the maintenance creditor of .....................................................................

*(the weekly sum of £ for my support) *(and) *(the weekly sum of £

for

the support of ..... dependent children) *(of the family) *(together with the sum of

£

for costs and expenses).

The payments directed to be made by the said Order have not been duly made according

thereto and there is now in arrear in respect of the same the sum of £

being

the amount of

weekly payments which have become due and payable *(within the

six months immediately preceding the date of this information) *(together with the sum

of £

for costs and expenses making in all the sum of

£

).

I therefore apply for the issue of a warrant for the arrest of the said.................................................

Signed ..................................................................

Informant

SWORN before me this

day of

19 .

Signed ..................................................................

Judge of the District Court

*Delete where inapplicable

No. 57.2

O.57, r.3

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

INFORMATION

District Court Area of

District No.

............................................................................................................................ Maintenance Creditor

............................................................................................................................ Maintenance Debtor

The information of ........................................................................................................................

of ................................................................................................................................................................

who says on oath:—

1. I am the District Court Clerk for the above court area and pursuant to section 9 of

the Family Law (Maintenance of Spouses and Children) Act, 1976 . I am the person to

whom payments under the order referred to herein are to be made and the person

authorised to take these proceedings.

2. By *maintenance/*variation/*interim/order dated

day of

19 ,

made at the sitting of the District Court at .............................................................................................

the maintenance debtor of .........................................................................................................................

was ordered to pay to the maintenance creditor of ...............................................................................

*(the weekly sum of £

for her/his support) *(and) *(the weekly sum of £

for the support of ......... dependent children *(of the family) *(together with the sum of

£

for costs and expenses)

I wish to refer to a copy of such order when produced upon which marked with the

letter "A", I have endorsed my name prior to the swearing hereof.

3. The payments directed to be made by the said Order have not been duly made

according thereto and there is now in arrear in respect of the same the sum of £

being the amount of .......... weekly payments which have become due and payable

*(within the six months immediately preceding the date of this information) *(together

with the sum of £

for costs and expenses making in all the sum of

£

).

4. By notice dated

day of

19

I have been requested in writing

by the maintenance creditor to take such steps as I consider reasonable to recover the

sums in arrear.

I wish to refer to the said notice when produced upon which marked with the letter

"B" I have endorsed my name prior to the swearing hereof.

5. I therefore apply for the issue of a warrant for the arrest of the said .................................................

Signed ..................................................................

Informant

SWORN before me this

day of

19

Signed .................................................................

Judge of the District Court

*Delete where inapplicable

No. 57.3

O.57, r.3

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

INFORMATION

(enforceable maintenance order)

District Court Area of

District No.

...................................................................................................................................................... Maintenance Creditor

...................................................................................................................................................... Maintenance Debtor

The information of ........................................................................................................................

of ................................................................................................................................................................

who says on oath:—

1. I am the District Court Clerk for the above court area, and pursuant to

*( section 14 (8) of the Maintenance Orders Act, 1974 ),

*(section 7 (7) of the Jurisdiction of Courts and Enforcement of Judgments (European

Communities) Act, 1988).

I am the person to whom payments under the maintenance order referred to herein

are to be paid and the person authorised to take these proceedings.

2. By maintenance order made on the

day of

19

by †

the maintenance debtor

now residing at ...............................................................................................................................................

in court area and district aforesaid was ordered to pay the weekly sum of £

*(together with the sum of £

for costs and expenses) to ......................................

of .....................................................................................................................................................................

(hereinafter referred to as the maintenance creditor).

I wish to refer to a copy of such order when produced upon which marked with the

letter "A" I have endorsed my name prior to the swearing hereof.

3. On the

day of

19 ,

the Master of the High Court made an

enforcement order in respect of such maintenance order.

I wish to refer to a copy of such order when produced upon which marked with the

letter "B" I have endorsed my name prior to the swearing hereof.

4. The payments directed to be made by the said maintenance order as ordered to be

enforced by the said enforcement order have not been duly made according thereto and

there is now in arrear in respect of the same the sum of £

being the amount of

........... weekly payments which have become due and payable *(within the six months

immediately preceding the date of this information) *(together with the sum of £

for costs and expenses making in all the sum of £

).

5. By letter dated

day of

19 ,

I have been requested in writing

by the maintenance creditor to make application under section 8 of the Enforcement of

Court Orders Act, 1940.

I wish to refer to the said letter when produced upon which marked with the letter

"C" I have endorsed my name prior to the swearing hereof.

6. I therefore apply for the issue of a warrant for the arrest of the said ..........................................

Signed .................................................................

Informant

SWORN before me this

day of

19 .

Signed .................................................................

Judge of the District Court

*Delete where inapplicable

†State Court which made order

No. 57.4

O.57, r.4

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

WARRANT OF ARREST

District Court Area of

District No.

...................................................................................................................................................... Maintenance Creditor

....................................................................................................................................................... Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

of ........................................................................................................................................................

that, by †maintenance/†variation/†interim/order dated

day of

19 ,

made at the sitting of the District Court at ................................................................................................ ,

the maintenance debtor, of ........................................................................................................................... ,

was ordered to pay to the maintenance creditor of .....................................................................................,

†(the weekly sum of £

for her/his support) †(and) †(the weekly sum of £

for the support of ....... dependent children) †(of the family) †(together with the sum of

£

for costs and expenses).

AND WHEREAS the payments directed to be made by the said order have not been

duly made according thereto, and there is now in arrear in respect of same the sum of

£

being the amount of weekly payments which have become due and payable

†(within the six months immediately preceding the (*) ................),

†(together with the sum of £ for costs and expenses, making in all the sum of £

).

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

of .....................................................................................................................................................

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19

Signed ..................................................................

Judge of the District Court

To the Superintendent of the Garda Siochana

At

(*) Insert date of information on foot of which warrant was issued.

†ENDORSEMENT AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be on arrest, released on entering

into a recognisance, himself/herself in the sum of £

with one sufficient surety in

the sum of £

(or two sufficient sureties in the sum of £ each) conditioned

for the appearance of the said ..............................................................................................................

at the sitting of the District Court in District No. ............. next following the date of his/her arrest.

Dated this

day of

19

Signed ................................................................

Judge of the District Court

†Delete where inapplicable

No. 57.5

O.57, r.4

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

WARRANT OF ARREST

District Court Area of

District No.

..................................................................................................................................................... Maintenance Creditor

...................................................................................................................................................... Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

the District Court Clerk for the above court area, he/she being the person to whom,

pursuant to section 9 of the Family Law (Maintenance of Spouses and Children) Act,

1976 payments under the order referred to herein are to be made and the person authorised

to take these proceedings, that by †maintenance/†variation/†interim/order

dated

day of

19

made at the sitting of the District Court at

...................................................................................................................................................................

the maintenance debtor of ....................................................................................................................

was ordered to pay to the maintenance creditor

of ...............................................................................................................................................................

†(the weekly sum of £

for her/his support) †(and) †(the weekly sum of £

for the support of ........... dependent children) †(of the family) †(together with the sum

of £

for costs and expenses),

AND WHEREAS the payments directed to be made by the said order have not been

duly made according thereto, and there is now in arrear in respect of same the sum of

£ ,

being the amount of weekly payments, which have become due and payable

†(within the six months immediately preceding the (*).............) †(together with the

sum of £ ,

For costs and expenses, making in all the sum of £

);

AND WHEREAS by notice dated

day of

19

the said clerk was

requested in writing by the maintenance creditor to take such steps as he/she considers

reasonable to recover the sums in arrear,

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest, the said

of ..............................................................................................................................................................

and to bring him/her before me or another Judge to be dealt with according to law.

(*) Insert date of information on foot of which warrant was issued.

Dated this

day of

19

Signed ..................................................................

Judge of the District Court

To the Superintendent of the Garda Síochana

At

†ENDORSEMENT AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be on arrest released on entering

into a recognisance, himself/herself in the sum of £

with one sufficient surety in

the sum of £

(or two sufficient sureties in the sum of £ each) conditioned

for the appearance of the said ..............................................................................................................

at the sitting of the District Court in District No.

next following the date of his/her arrest.

Dated this

day of

19

Signed ......................................................................

Judge of the District Court

†Delete where inapplicable

No. 57.6

O.57, r.4

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

WARRANT OF ARREST

District Court Area of

District No.

............................................................................................................................................................ Maintenance Creditor

............................................................................................................................................................ Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

the District Court Clerk for the above court area, he/she being the person to whom,

pursuant to †( section 14 (8) of the Maintenance Orders Act, 1974 ), †(section 7 (7) of

the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act,

1988), payments under the maintenance order referred to herein are to be made and the

person authorised to take these proceedings, that by maintenance order made on

the

day of

19

by ‡

the maintenance debtor,

now residing at .............................................................................................................................................

in court area and district aforesaid, was ordered to pay the weekly sum of £

†(together with the sum of £

for costs and expenses) to ...........................................

of .....................................................................................................................................................................

(hereinafter referred to as the maintenance creditor);

AND WHEREAS the Master of the High Court on the

day of

19 ,

made an enforcement order in respect of such maintenance order;

AND WHEREAS the payments directed to be made by the said maintenance order

as ordered to be enforced by the said enforcement order have not been duly made

according thereto and there is now in arrear in respect of same the sum of ,

being the amount of weekly payments, which have become due and payable †(within

the six months immediately preceding the (*)...................) †(together with the sum of

£

for costs and expenses, making in all the sum of £

);

AND WHEREAS by letter dated

day of

19 ,

the said clerk was

requested in writing by the maintenance creditor to make application under section 8 of

the Enforcement of Court Orders Act, 1940 .

(*) Insert date of information on foot of which warrant was issued.

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

of .....................................................................................................................................................

and to bring him/her before me or another Judge to be dealt with according to law.

Dated this

day of

19 .

Signed ..................................................................

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†ENDORSEMENT AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be on arrest, released on entering

into a recognisance, himself/herself in the sum of £

with one sufficient surety in

the sum of £

(or two sufficient sureties in the sum of £

each) conditioned

for the appearance of the said ...............................................................................................................

at the sitting of the District Court in District No. next following the date oi' his/her arrest.

Dated this

day of

19

Signed ..................................................................

Judge of the District Court

†Delete where inapplicable

No. 57.7

O.57, r.5

ENFORCEMENT OF COURT ORDERS ACT, 1940

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR

District Court Area of

District No.

............................................................................................................................. Maintenance Creditor

............................................................................................................................. Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

...................................................................................................................................................................

of ..............................................................................................................................................................

that by †maintenance/†variation/†interim/order dated

day of

19 ,

made at the sitting of the District Court at ............................................................................................

the maintenance debtor, of ......................................................................................................................

was ordered to pay to the maintenance creditor, of ............................................................................,

†(the weekly sum of £

for her/his support) †(and) †(the weekly sum of £

for the support of .................. dependent children †(of the family) †(together with the

sum of £

for costs and expenses),

AND WHEREAS the payments directed to be made by the said order have not been

duly made according thereto, and there is now in arrear in respect of same the sum of

£ ,

being the amount of weekly payments, which have become due and payable

†(within the six months immediately preceding the (*) ...................) †(together with

the sum of £

for costs and expenses making in all the sum of £

);

THIS IS TO COMMAND YOU to appear at the sitting of the District Court to be

held at .....................................................................................................................................................

in court area and district aforesaid on the

day of

19 ,.

at

.m.

to answer the said complaint.

Dated this

day of

19

Signed .......................................................................

Judge of the District Court

To

of

the above named maintenance debtor

(*) Insert date of information on foot of which summons is issued.

†Delete where applicable

No. 57.8

O.57, r.5

ENFORCEMENT OF COURT ORDERS ACT, 1940

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR

District Court Area of

District No.

.............................................................................................................................................................. Maintenance Creditor

.............................................................................................................................................................. Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

the District Court Clerk for the above court area, he/she being the person to whom,

pursuant to section 9 of the Family Law (Maintenance of Spouses and Children) Act,

1976, payments under the order referred to herein are to be made and the person authorised

to take these proceedings, that by †maintenance/†variation/†interim/order

dated

day of

19 ,

made at the sitting of the District Court at

........................................................................................................................................................................

the maintenance debtor, of .......................................................................................................................,

was ordered to pay to the maintenance creditor, of .............................................................................,

†(the weekly sum of £

for her/his support) † (and) †(the weekly sum of £

for the support of .................. dependent children †(of the family) †(together with the

sum of £

for costs and expenses)

AND WHEREAS the payments directed to be made by the said order have not been

duly made according thereto, and there is now in arrear in respect of same the sum of

£ ,

being the amount of weekly payments, which have become due and payable

†(within the six months immediately preceding the (*)...............) †(together with the

sum of £

for costs and expenses, making in all the sum of £

);

AND WHEREAS by notice dated

day of

19 ,

the said clerk was

requested in writing by the maintenance creditor to take such steps as he/she considers

reasonable to recover the sums in arrear.

THIS IS TO COMMAND YOU to appear at the sitting of the District Court to be

held at ....................................................................................................................................................

in court area and district aforesaid on the

day of

19 ,

at .

m.

to answer the said complaint.

Dated this

day of

19

Signed ..............................................................

Judge of the District Court

To

of

the above named maintenance debtor

(*) Insert date of information on foot of which summons was issued.

†Delete where applicable

No. 57.9

O.57, r.5

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR

District Court Area of

District No.

............................................................................................................................................................ Maintenance Creditor

............................................................................................................................................................ Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by

the District Court Clerk for the above court area, he/she being the person to whom,

pursuant to †( section 14 (8) of the Maintenance Orders Act, 1974 ), †(section 7 (7) of

the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act,

1988), payments under the maintenance order referred to herein are to be made and the

person authorised to take these proceedings, that by maintenance order made on

the

day of

19

by ‡

the maintenance debtor

now residing at .......................................................................................................................................

in court area and district aforesaid, was ordered to pay the weekly sum of £

†(together with the sum of £

for costs and expenses) to .............................

of ..................................................................................................................................................................

(hereinafter referred to as the maintenance creditor);

AND WHEREAS the Master of the High Court on the

day of

19 ,

made an enforcement order in respect of such maintenance order;

AND WHEREAS the payments directed to be made by the said maintenance order

as ordered to be enforced by the said enforcement order have not been duly made

according thereto, and there is now in arrear in respect of same the sum of £

being the amount of

weekly payments, which have become due and payable

†(within the six months immediately preceding the (*)...................) †(together with the

sum of £

for costs and expenses, making in all the sum of £

);

AND WHEREAS by letter dated day of 19 , the said clerk was

requested in writing by the maintenance creditor to make application under section 8 of

the Enforcement of Court Orders Act, 1940 .

THIS IS TO COMMAND YOU to appear at the sitting of the District Court to be

held at ...................................................................................................................................................

on the

day of

19 ,

at .

m.

to answer the said complaint

Dated this

day of

19

Signed ...............................................................

Judge of the District Court

To

Of

Maintenance Debtor

(*) Insert date of information on foot of which summons was issued.

†Delete where inapplicable

‡State Court which made order

No. 57.10

O.57, r.7

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

WARRANT OF COMMITTAL

District Court Area of

District No.

........................................................................................................................................................ Maintenance Creditor

........................................................................................................................................................ Maintenance Debtor

WHEREAS the above named maintenance debtor of .....................................................................

was this day before a sitting of the District Court at .................................................................................

in court area and district aforesaid, on foot of a

†warrant

reciting that:—

†summons

By †maintenance/†variation/† interim J order dated

day of

19 ,

made at a sitting of the District Court at ................................................................................................

the maintenance debtor; of ...................................................................................................................,

was ordered to pay to ..........................................................................................................................,

the above named maintenance creditor (the weekly sum of £ for her/his support)

†(and) †(the weekly sum of £ for the support of ............... dependent children †(of

the family) †(together with the sum of £ for costs and expenses)

†By notice in writing dated

day of

19

the district court clerk for

the above court area was requested in writing by the maintenance creditor to take such

steps as he/she considers reasonable to recover the sums in arrear.

‡AND WHEREAS the said †maintenance/†variation/†interim/order and the said

notice have been produced to the Court;

AND WHEREAS the Court is satisfied on the evidence adduced that, of the said

weekly payments which have become due and payable by virtue of the said order

†(within the six months immediately preceding the (*) ............) the sum of £

†(together with the sum of £ for costs and expenses, making in all the sum of

£ ) has not been duly paid;

AND HAVING HEARD the maintenance debtor and he/she not having shown to

the satisfaction of the Court that the failure to pay the said sum was due neither to

his/her wilful refusal nor to his/her culpable neglect.

(*) Insert date of information on foot of which summons or warrant issued.

NOW IT IS HEREBY ORDERED that the said maintenance debtor, for his/her said

default and failure to pay the said sum, be committed to the prison at .............................................,

there to be imprisoned for the period of ..................................................................................................

unless the said debtor or someone on his/her behalf shall sooner pay to the District

Court Clerk at ...............................................................................................................................................

or to the governor of the said prison for the said clerk the said sum of £ †(together

with the sum of £ being the costs of these proceedings, making in all the sum of

£ )

Dated this

day of

19

Signed ......................................................

Judge of the District Court

WARRANT TO ENFORCE ORDER

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

of ................................................................................................................................................................

and lodge him/her in the prison at ........................................................................................................

there to be imprisoned by the governor of the said prison for a period of ...................................

pursuant to the above Order unless the sum of £ be sooner paid.

Dated this

day of

19

Signed ...........................................................

Judge of the District Court

To the Superintendent of the Garda Siochana

at ............................................:....................................................................................................................

†Delete where inapplicable

‡Delete where proceedings issued by maintenance creditor

No. 57.11

O.57, r.7

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

WARRANT OF COMMITTAL

District Court Area of

District No.

............................................................................................................................................... Maintenance Creditor

.................................................................................................................................................. Maintenance Debtor

WHEREAS .........................................................................................................................................

of ....................................................................................................................................................................

(hereinafter referred to as the maintenance debtor) was this day before a sitting of the

District Court at

In court area and district aforesaid, on foot of a

†warrant

reciting that:—

†summons

1. By maintenance order made on the

day of

19

by ‡

the maintenance debtor, now residing at ................................................................................................

in court area and district aforesaid, was ordered to pay the weekly sum of £

†(together with the sum of £

for costs and expenses) to ...........................................

of .....................................................................................................................................................................

(hereinafter referred to as the maintenance creditor).

2. The Master of the High Court on the

day of

19 ,

made an

enforcement order in respect of such maintenance order.

3. By letter dated

day of

19 ,

the District Court Clerk for the

above court area was requested in writing by the maintenance creditor to make application under section 8 of the Enforcement of Court Orders Act, 1940 .

AND WHEREAS a copy of the maintenance order, of the enforcement order and of

the request received by the District Court Clerk have been produced to the Court;

AND WHEREAS the Court is satisfied on the evidence adduced that, of the said

weekly payments which have become due and payable by virtue of the said maintenance

order as ordered to be enforced by the said enforcement order †(within the six months

immediately preceding the (*) ....................), the sum of £ †(together with the sum

of £ for costs and expenses, making in all the total sum of £ ) has not been

duly paid;

(*) Insert date of information on foot of which summons or warrant was issued.

AND HAVING HEARD the maintenance debtor and he/she not having shown to

the satisfaction of the Court that the failure to pay the said sum was due neither to

his/her wilful refusal nor to his/her culpable neglect,

NOW IT IS HERESY ORDERED that the said maintenance debtor, for his/her said

default and failure to pay the said sum, be committed to the prison at ..........................................,

there to be imprisoned for the period of ..............................................................................................

uless the said debtor or someone on his/her behalf shall sooner pay to the district court

clerk at ........................................................................................................................................................

or to the governor of the said prison for the said clerk the said sum of £ †(together

with the sum of £ being the costs of these proceedings, making in all the sum of

£ )

Dated this

day of

19 .

Signed ...................................................................

Judge of the District Court

WARRANT TO ENFORCE ORDER

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

......................................................................................................................................................................

of ..............................................................................................................................................................

and lodge him/her in the prison at .....................................................................................................

there to be imprisoned by the governor of the said prison for a period of .................................

pursuant to the above Order unless the sum of £ be sooner paid.

Dated this

day of

19

Signed ............................................................

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†Delete where inapplicable

‡State Court which made order

No. 57.12

O.57, r.8

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

WARRANT OF DISTRESS AND SALE

District Court Area of

District No.

.................................................................................................................................................. Maintenance Creditor

................................................................................................................................................... Maintenance Debtor

WHEREAS the above named maintenance debtor of ..................................................................

was this day before a sitting of the District Court at ..............................................................................

in court area and district aforesaid, on foot of a

†warrant

reciting that:—

†summons

1. By †maintenance/†variation/†interim/order dated

day of

19 ,

made at a sitting of the District Court at ............................................................................................

the maintenance debtor of ...................................................................................................................

was ordered to pay to ...........................................................................................................................,

the above named maintenance creditor, †(the weekly sum of £ for her/his support)

†(and) †(the weekly sum of £ for the support of ............. dependent children †(of

the family) †(together with the sum of £ for costs and expenses).

‡By notice in writing dated

day of

19

the District Court Clerk

for the above court area was requested in writing by the maintenance creditor to take

such steps as he/she considers reasonable in the circumstances to recover the sums in arrear.

‡AND WHEREAS the said †maintenance/†variation/†interim/order and the said

notice have been produced to the Court

AND WHEREAS the Court is satisfied on the evidence adduced that, of the said

weekly payments which have become due and payable by virtue of the said order

†(within the six months immediately preceding the (*) ......................), the sum of £

†(together with the sum of £ for costs and expenses, making in all the sum of

£ ) has not been duly paid;

(*) Insert date of information on foot of which summons or warrant was issued.

AND HAVING HEARD the maintenance debtor and he/she not having shown to

the satisfaction of the Court that the failure to pay the said sum was due neither to

his/her wilful refusal nor to his/her culpable neglect.

NOW IT IS HEREBY ORDERED AND DIRECTED that the said sum of £

†(together with sum of £ , being the costs of these proceedings, making in all the

sum of £ ) be levied by distress and sale of the goods and chattels of the maintenance

debtor and be paid to the District Court Clerk at ................................................................................

Within

days from this date

This warrant to be returned in

days if not executed.

Dated this

day of

19

Signed ........................................................

Judge of the District Court

To the several Sheriffs and County Registrars

County of ...............................................................................................................................................

I authorise and empower ......................................................................................................................

and .................................................................. of ....................................................................................

Court Messengers, or either of them, and their assistants to execute the above order.

Dated this

day of

19

Signed ..........................................................

Sheriff/County Registrar of the said County.

The sum to be levied hereunder is £ .

Sheriff/County Registrar.

No. 57.13

O.57, r.8

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8

WARRANT OF DISTRESS AND SALE

District Court Area of

District No.

..................................................................................................................................................... Maintenance Creditor

....................................................................................................................................................... Maintenance Debtor

WHEREAS .....................................................................................................................................

of ...............................................................................................................................................................

(hereinafter referred to as the maintenance debtor) was this day before a sitting of the

District Court at ...................................................................................................................................

in court area and district aforesaid, on foot of a reciting

†warrant

that:-

†summons

1. By maintenance order made on the

day of

19

by ‡ ...................

the maintenance debtor, now residing at ................................................................................................

in court area and district aforesaid, was ordered to pay the weekly sum of .£

†(together with the sum of £ for costs and expenses) to ....................................................

of .................................................................................................................................................................

(hereinafter referred to as the maintenance creditor.)

2. The Master of the High Court on the

day of

19 ,

made an

enforcement order in respect of such maintenance order.

3. By letter dated

Day of

19 ,

the District Court Clerk for the

above court area was requested in writing by the maintenance creditor to make application

under section 8 of the Enforcement of Court Orders Act, 1940 .

AND WHEREAS a copy of the maintenance order, of the enforcement order and of

the request received by the district court clerk have been produced to the Court;

AND WHEREAS the Court is satisfied on the evidence adduced that of the said

weekly payments which have become due and payable by virtue of the said maintenance

order as ordered to he enforced by the said enforcement order †(within the six months

immediately preceding the (*) .....................), the sum of £ †(together with the sum

of £ for costs and expenses, making in all the total sum of £ ) has not been

duly paid;

(*) Insert date of information on foot of which summons or warrant was issued.

AND HAVING HEARD the maintenance debtor and he/she not having shown to

the satisfaction of the Court that the failure to pay the said sum was due neither to

his/her wilful refusal nor to his/her culpable neglect,

NOW IT IS HEREBY ORDERED AND DIRECTED that the said sum of £

†(together with the sum of £ , being the costs of these proceedings, making in all

the sum of £ ), be levied by distress and sale of the goods and chattels of the

maintenance debtor and be paid to the district court clerk at

within days from this date.

This warrant to be returned in days if not executed.

Dated this

Day

of 19

Signed ................................................................

Judge of the District Court

To the several Sheriffs and County Registrars

County of .......................................................................................................................................................

I authorise and empower ...................................................................................................................

and .................................................................. of ..........................................................................................

Court Messengers, or either of them, and their assistants to execute the above order.

Dated this

day of

19

Signed .............................................................

Sheriff/County Registrar of the said County

The sum to be levied hereunder is £

Sheriff/County Registrar

†Delete where inapplicable

‡State Court which made order

No. 57.14

O.57, r.9

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8 (2)

RECOGNISANCE

District Court Area of

District No.

............................................................................................................................................... Maintenance Creditor

................................................................................................................................................. Maintenance Debtor

We ................................................................... of ......................................................................................

a ........................................................................ , .......................................................................................

of ..................................................................... a .......................................................................................

and ................................................................... of ......................................................................................

a ................................................................................................ severally acknowledge ourselves to

owe to the State the several sums following, that is to say: the said ....................................................

............................................................................................ the sum of ....................... pounds, and the

said ................................................................... and ..................................................... the sum

of .................. pounds each, to the use of the Minister for Finance, if the said ..................................

fail in the condition hereunder.

.................................................................................................................................... Principal Party

................................................................................................................................... Surety

................................................................................................................................... Surety

ACKNOWLEDGED before me this

day of

19

Signed ......................................................................

Judge of the District Court

(or)

Peace Commissioner

The condition of the above-written recognisance is such that whereas by Order dated

the

day of

19 and made by the District Court, it was directed that

the sum of £ be levied by distress and sale of goods of the said .................................

and the said Court has required the said ..............................................................................................

to enter into this recognisance to appear before the said Court on the day

of

19

if the said sum of £ be not previously discharged in full

Either as a result of such levy as aforesaid or otherwise, if, therefore the said ..................................

will appear and attend in person before the District Court to be held at .............................................

on the

day of

19 ,

if the said amount of £

be not previously

discharged in full either as a result of such levy as aforesaid or otherwise, and will not depart from the said Court without leave and will attend there in person from day to

day during the time the said Court shall be so held, or any adjournment thereof, then

the said recognisance to be void, or else to stand in full force and effect.

I certify that the principal party herein has not performed the above condition of this recognisance.

Dated this

day of

19 .

Signed .............................................................

Judge of the District Court

The Court hereby orders that this recognisance be entreated as follows — that the

sum of £ be levied off the goods of the said principal party and the sum of £

off the goods of each of the said sureties, ........................................................................................

and ...........................................................................................................................................................

Dated this

day of

19

Signed ............................................................

Judge of the District Court

No. 57.15

O.57, r.9

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8 (2)

WARRANT OF DETENTION

District Court Area of

District No.

................................................................................................................................................. Maintenance Creditor

................................................................................................................................................... Maintenance Debtor

WHEREAS the above named maintenance debtor of ...................................................................

was this day before a sitting of the District Court at ...............................................................................

in court area and district aforesaid, on foot of a

†warrant

reciting that:—

†summons

By †maintenance/†variation/†interim/order dated

day of

19 ,

made at the ‡

Court at .................................................................................................................................................

the maintenance debtor, of ................................................................................................................,

was ordered to pay to ........................................................................................................................ ,

the above named maintenance creditor, the (weekly sum of £ for her/his support)

†(and) †(the weekly sum of £ for the support of .............. dependent children

(of the family) †(together with the sum of £ for costs and expenses)

AND WHEREAS the Court is satisfied on the evidence adduced that, of the said

weekly payments which have become due and payable by virtue of the said order

†(within the six months immediately preceding the (*).................), the sum of £

†(together with the sum of £ for costs and expenses, making in all the sum of

£ ) has not been duly paid;

AND HAVING HEARD the maintenance debtor and he/she not having shown to

the satisfaction of the Court that the failure to pay the said sum was due neither to

his/her wilful refusal nor to his/her culpable neglect,

AND WHEREAS the Court directed that the said sum of £ †(together with

the sum of £ costs of the said application) be levied by distress and sale of the

goods of the maintenance debtor, and further did require the maintenance debtor to

enter into a recognisance, himself/herself in with two sureties in £ each, to appear

before me sitting at the District Court at aforesaid on the

day of

19

at

.m. or any adjournment thereof unless the said sum of £

†(and £

costs) should previously have been discharged in full either as a result of such levy or

otherwise:

(*) Insert date of information on foot of which summons or warrant was issued.

AND WHEREAS the maintenance debtor, on being so required to enter into such

recognisance, had not complied with such requirement,

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to lodge the

maintenance debtor, the said ...........................................................................................................

in the prison at ...................................................................................................................................

there to be detained by the Governor of the said prison until the said

day

of

19

when the Governor shall have him/her at the District Court at

aforesaid at the said hour unless the maintenance debtor be previously released from

custody in pursuance of the provisions of section 8 of the Enforcement of Court Orders

Act, 1940.

Dated this

day of

19 .

Signed ...............................................................

Judge of the District Court

To the Superintendent of the Garda Síochána

at

and his/her assistants.

Enforcement of Court Orders Act, 1940 , section 8 (2) (c):

"if while the defaulter is so in custody either:—

(i) he enters into a recognisance before a Peace Commissioner, with sureties to the satisfaction of such Peace Commissioner to appear before such Judge on the said specified day if the said amount is not previously discharged as a result of such levy or otherwise, or

(ii) the said amount is discharged in full either as a result of such levy or otherwise

the defaulter shall be released from custody forthwith:"

†Delete where inapplicable

‡State Court which made order

No. 57.16

O.57, r.10

ENFORCEMENT OF COURT ORDERS ACT, 1940

Section 8 (2) (d)

WARRANT OF COMMITTAL

District Court Area of

District No.

................................................................................................................................................ Maintenance Creditor

................................................................................................................................................. Maintenance Debtor

WHEREAS the above named maintenance debtor of ..................................................................

was this day before me at a sitting of the District Court at ...................................................................

in the court area and district aforesaid, on foot of a

†warrant

reciting that:—

†summons

By †maintenance/†variation/†interim/order dated

day of

19 ,

made at the sitting of the District Court at .........................................................................................

the maintenance debtor of ....................................................................................................................

was ordered to pay to ...........................................................................................................................

the above named maintenance creditor †(the weekly sum of £ for her/his support) †(and) †(the weekly sum of £ for the support of .............. dependent children †(of the family) †(together with the sum of £ for costs and expenses)

AND WHEREAS the Court is satisfied on the evidence adduced that, of the said weekly payments which have become due and payable by virtue of the said order †(within the six months immediately preceding the (*).................), the sum of £ †(together with the sum of £ for costs and expenses, making in all the sum of £ ) has not been duly paid;

AND HAVING HEARD the maintenance debtor and he/she not having shown to the satisfaction of the Court that the failure to pay the said sum was due neither to his/her wilful refusal nor to his/her culpable neglect.

AND WHEREAS the Court directed that the said sum of £ †(together with the sum of £ for costs of these proceedings) be levied by distress and sale of the goods of the maintenance debtor, AND THE COURT FURTHER REQUIRED the maintenance debtor to enter into a recognisance with sureties to appear before the Court sitting at aforesaid on this date if the said sums had not previously been discharged in full either as a result of such levy or otherwise Land the maintenance debtor not having complied with such requirements, the Court ordered him/her to be detained in custody and brought before the Court sitting at this day unless previously released from custody in pursuance of section 8 of the Enforcement of Court Orders Act, 1940 ;]

(*) Insert date of information on foot of which summons or warrant was issued.

†AND WHEREAS the maintenance debtor subsequently entered into such recognisance as aforesaid and was discharged from custody and has duly appeared before the Court this day,]

AND WHEREAS the said amount of £ (consisting of the said sum of £ ) †(and the said sum of £ for costs) has not been discharged in full either as a result of such levy or otherwise, and of the said amount of £ , the sum of £ hasnot been paid.

AND WHEREAS the maintenance debtor has not shown to the satisfaction of the Court that the failure to discharge the said amount was due neither to his/her wilful refusal not to his/her culpable neglect,

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to lodge the

maintenance debtor, the said ......................................................................................................... ,

in the prison at ....................................................................................................................................

there to be imprisoned by the Governor of the said prison for the period of ....... months unless he/she or someone on his/her behalf shall sooner pay to the District Court Clerk at or to you for said Clerk or to the Governor of the prison for said Clerk the said sum of £ †(and the sum of £ costs of these proceedings)

Dated this

day of

19

Signed .............................................................

Judge of the District Court

To the Superintendent of the Garda Síochána

at

and his/her assistants.

†Delete where inapplicable

No. 58.1

O.58, r.4 (1)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 6A

NOTICE OF APPLICATION BY A FATHER TO BE APPOINTED A GUARDIAN

District Court Area of

District No.

............................................................................................................................................................... Applicant

............................................................................................................................................................. *Respondent(s)

TAKE NOTICE that the above-named applicant, of ...........................................................................

in court (area and) district aforesaid, being the father of

.....................................................................................

born on.

............................................................

.....................................................................................

born on

............................................................

residing at ..........................................................................................................................................

(an) infant(s), whose father and mother have not married each other, WILL APPLY at

the sitting of the District Court to be held at .......................................................................................

on the

day of

19 at

a.m./p.m. FOR AN ORDER under section 6A

of the above Act appointing him to be a guardian of the said infant(s).

Dated this

day of

19

Signed .........................................................

Applicant/Solicitor for the Applicant.

To

The District Court Clerk

District Court Office

at

..................................................

(and)

*(To

of

To

of

*Delete where inapplicable

No. 58.2

O.58, r.4 (1) (b)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 6A(3) (a)

CONSENT OF MOTHER TO APPOINTMENT OF FATHER AS GUARDIAN OF AN INFANT

District Court Area of

District No.

In the matter of an intended application by ......................................................................................

I, .......................................................................... of .........................................................................................

BEING THE MOTHER and sole guardian of

...............................................................................

born on

.............................................................

................................................................................

born on

.............................................................

(an) infants) within the meaning of the above-named Act, who resides) with me at the

above address / at .....................................................................................................................................

AND BEING AWARE of an intended application to the Court under section 6A(1)

of the said Act by .....................................................................................................................................

of .................................................................................................................................................................

the father of the said infant(s), for an order appointing him to be a guardian of the infant(s),

HEREBY CONSENT to the appointment of the said father as a guardian of the said infant(s).

Dated this

Day

of 19 .

Signed ..................................................................

No. 58.3

O.58, r.4 (1) (d)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 6A

ORDER APPOINTING A FATHER TO BE A GUARDIAN

District Court Area of

District No.

........................................................................................................................................................... Applicant

......................................................................................................................................................... *Respondent(s)

UPON APPLICATION made to this Court to-day by the above-named applicant of

.......................................................... in court (area and) district aforesaid, he being the father of

.................................................................................

born on

............................................................

.................................................................................

born on

............................................................

residing at ......................................................................................................., (an) infants) whose

father and mother have not married each other, for an order under section 6A of the

above Act appointing him to be a guardian of the said infant(s),

THE COURT *(being satisfied that the mother of the said infants) has consented in

writing to the appointment and that the applicant is registered as the father of the

infant(s) in a register maintained under the Births and Deaths Registration Acts, 1863

to 1987, and)

*(being satisfied that the notice of application herein has been duly served upon each

guardian of the infants) and)

having heard the evidence of the applicant *(and of the mother) *(and of the other

guardian of the infant(s)),

and being satisfied that the welfare of the infants) requires the making of this Order.

HEREBY APPOINTS the above-named applicant ....................................................................

to be a guardian of the said infant(s) ...................................................................................................

pursuant to section 6A of the above Act.

*(AND DIRECTS as follows:—

Dated this

day of

19

Signed .............................................................

Judge of the District Court

*Delete words inapplicable

No. 58.4

O.58, r.4 (2)

GUARDIANSHIP OF INFANTS, ACT, 1964

Section 7 (4)

NOTICE OF APPLICATION BY TESTAMENTARY GUARDIAN FOR ORDER

District Court Area of

District No.

................................................................................................................................................................ Applicant

................................................................................................................................................................ Respondent

WHEREAS the above-named applicant of ................................................................................

in court (area and) district aforesaid, is a testamentary guardian of

.................................................................................

born on

......................................................

..................................................................................

born on

.......................................................

(an) infants) residing at ......................................................................................................................... ,

*(and whereas the respondent, the surviving parent of the infant(s), objects to the applicant

acting jointly with him/her as guardian of the infant(s)),

*(and whereas the applicant considers that the respondent, the surviving parent of the

infant(s), is unfit to have the custody of the infant(s)),

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at ........................................................................................................................................................

on the

day of

19

at

a.m./p..m. for an order

*(that the applicant shall act as guardian of the infants) jointly with the respondent).

*(that the applicant shall act as guardian of the infants) to the exclusion, so far as the

Court thinks proper, of the respondent) *(and that the respondent shall pay towards the

maintenance of the infants) such weekly or other periodical sum as the Court considers reasonable).

Dated this

day of

19

Signed .............................................................

Applicant/Solicitor for Applicant

To

of

To

of

* Delete words inapplicable

No. 58.5

O.58, r.4 (2)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 7 (5)

ORDER OF REFUSAL

District Court Area of

District No.

...................................................................................................................................................................... Applicant

...................................................................................................................................................................... Respondent

UPON APPLICATION made to this Court to-day by the above-named applicant, of

............................................................... in court (area and) district aforesaid, a testamentary guardian of

............................................................ born on ..........................................................................................

........................................................... born on ...........................................................................................

(an) infants) residing at ............................................................................................................................

for an order under section 7 of the above Act, the respondent, of ...................................................

being the surviving parent of the infant(s)

THE COURT being satisfied that notice of the application was duly served, and that

the welfare of the infants) requires the making of this order,

HEREBY REFUSES to make the order sought and orders that the respondent shall

remain sole guardian of the infants)

*(AND DIRECTS as follows:—

Dated this

day of

19

Signed ..........................................................

Judge of the District Court

WARNING

Where this order contains a direction regarding the custody of an infant or the right

of access to an infant, any person who FAILS OR REFUSES to give up the infant or

to allow access to the infant as required SHALL BE GUILTY OF AN OFFENCE and

shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment

not exceeding SIX MONTHS, or to both such fine and such imprisonment.

*Delete where inapplicable

No. 58.6

O.58, r.4 (2)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 7 (5)

ORDER THAT TESTAMENTARY GUARDIAN SHALL ACT AS GUARDIAN

JOINTLY WITH PARENT

District Court Area of

District No.

....................................................................................................................................................................... Applicant

....................................................................................................................................................................... Respondent

UPON APPLICATION made to this Court to-day by the above-named applicant of

............................................................... in court (area and) district aforesaid, a testamentary guardian of

................................................................. born on ....................................................................................

................................................................. born on ...................................................................................

(an) infants) residing at ..........................................................................................................................

for an order under section 7 of the above Act, the respondent, of ..............................................................

being the surviving parent of the infant(s),

THE COURT being satisfied that notice of the application was duly served, and that

the welfare of the infants) requires the making of this order,

HEREBY ORDERS that the applicant shall act as guardian of the said infants) jointly with the respondent

*(AND DIRECTS as follows:—

Dated this

day of

19

Signed .............................................................

Judge of the District Court

WARNING

Where this order contains a direction regarding the custody of an infant or the right

of access to an infant, any person who FAILS OR REFUSES to give up the infant or

to allow access to the infant as required SHALL BE GUILTY OF AN OFFENCE and

shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment

not exceeding SIX MONTHS, or to both such fine and such imprisonment.

*Delete where inapplicable

No. 58.7

O.58, r.4 (2)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 7 (5}

ORDER THAT TESTAMENTARY GUARDIAN SHALL ACT AS GUARDIAN

TO EXCLUSION OF PARENT

District Court Area of

District No.

....................................................................................................................................................................... Applicant

....................................................................................................................................................................... Respondent

UPON APPLICATION made to this Court to-day by the above-named applicant, of

............................................................... in court (area and) district aforesaid, a testamentary guardian of

................................................................ born on ..............................................................................

................................................................ born on ..............................................................................

(an) infants) residing at ....................................................................................................................,

for an order under section 7 of the above Act,

THE COURT being satisfied that the notice of the application was duly served upon

the respondent, the surviving parent of the infant(s), and that the welfare of the infant(s)

requires the making of this order,

HEREBY ORDERS THAT the Applicant shall act as guardian of the infants) to the exclusion of the

respondent *(so far as—

(regarding custody and access)—

THAT

(regarding maintenance)

that the said ............................................................................................................................................

do pay to the said .................................................................................................................................

the weekly sum of £ towards the maintenance of (each of) the said infant(s),

namely,

................................................................ born on .................................................................................

................................................................. born on .................................................................................

until such infant shall attain the age of sixteen years, and thereafter if, when the infant

has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until he or she has attained the age of twenty-one years or until such education or instruction has been completed, whichever is the sooner; or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

making in all the total weekly sum of £ , (regarding costs)

THAT the respondent do pay to the applicant the sum of £ being the costs of

these proceedings.

*AND FURTHER ORDERS as follows:—

Dated this

day of

19

Signed ............................................................

Judge of the District Court.

WARNING

Where this order contains a direction regarding the custody of an infant or the right

of access to an infant any person who FAILS OR REFUSES to give up the infant or to

allow access to the infant as required SHALL BE GUILTY OF AN OFFENCE and

shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment

not exceeding SIX MONTHS, or to both such fine and such imprisonment.

*Delete words inapplicable

No. 58.8

O.58, r.4 (3)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 8 (1)

NOTICE OF APPLICATION TO APPOINT GUARDIAN(S)

District Court Area of

District No.

...................................................................................................................................................................... Applicant(s)

TAKE NOTICE that the above-named applicant (s) of ....................................................................

in the court (area and) district aforesaid, WILL APPLY at the sitting of the District

Court to be held at ..........................................................................................................................................

on the

day of

19 at a.m./p.m. FOR AN ORDER appointing

him/her them to be guardian (s) under section 8 (1) of the above Act of

................................................................ born on ....................................................................................

................................................................ born on ....................................................................................

(an) infants) residing at ........................................................................................................................ ,

the said infants) having no guardian.

Dated this

day of

19 .

Signed .............................................................

Applicant(s)/Solicitor for Applicants)

To

District Court Clerk,

District Court Office,

at ...............................................................

No. 58.9

O.58, r.4 (3)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 8 (1)

ORDER APPOINTING GUARDIAN(S)

District Court Area of

District No.

....................................................................................................................................................................... Applicant(s)

UPON APPLICATION made to this Court to-day by the above-named applicants)

of ..................................................................................................................................................................

in the court (area and) district aforesaid, for an order under section 8 (1) of the above

Act in respect of

................................................................... born on ...................................................................................

................................................................... born on ...................................................................................

(an) infants) residing at .......................................................................................................................... ,

the said infants) having no guardian,

THE COURT being satisfied that the infants) has/have no guardian, and that the

welfare of the infants) requires the making of this order,

HEREBY APPOINTS

of

of

to be guardians) of the infant(s).

*AND DIRECTS as follows:

Dated this

day of

19

Signed ..........................................................

Judge of the District Court

*Delete where inapplicable

No. 58.10

O.58, r.4 (4)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 8 (2)

NOTICE OF APPLICATION TO APPOINT GUARDIANS)

District Court Area of

District No.

...................................................................................................................................................................... Applicant

.................................................................................................................................................................... *Respondent

WHEREAS .................................................... born on ....................................................................

................................................................................... born on .......................................................................................

is an infant/are infants residing at .........................................................................................................,

*(and no guardian has been appointed by the now deceased parent of the said infant(s)),

*[and the guardian appointed by the now deceased parent of the said infants) *(has

died) *(refuses to act)],

TAKE NOTICE that the above-named applicant, of ......................................................................

in court (area and) district aforesaid, will apply at the sitting of the District Court to be

held at .............................................................................................................................................................

on the

day of

19

a.m./p.m. for an order under section 8 (2) of the

Act appointing guardians) to act jointly with the *(applicant) *(respondent, of ...........)

who is the surviving parent of the infant(s)).

Dated this

day of

19

Signed .......................................................

Applicant/Solicitor for Applicant

To:

District Court Clerk,

District Court Office,

....................................................

(and)

*(To:

of ).

*Delete words inapplicable

No. 58.11

O.58, r.4 (4)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 8 (2)

ORDER APPOINTING GUARDIAN(S)

District Court Area of

District No.

...................................................................................................................................................................... Applicant

.................................................................................................................................................................... *Respondent

UPON APPLICATION made to this Court to-day by the above-named applicant, of

in court (area and) district aforesaid, for an order under section 8 (2) of the above Act

in respect of

........................................................................ born on ..........................................................................

......................................................................... born on ..........................................................................

(an) infants) residing at ....................................................................................................................... ,

*(and notice of the application having been served upon the respondent, the surviving

parent of the infant(s)),

*(the applicant being the surviving parent of the infant(s)),

THE COURT being satisfied that

*[no guardian of the infants) has been appointed by the now deceased parent]

*[the guardian appointed by the now deceased parent *(has died) *(refuses to act)]

and that the welfare of the infants) requires the making of this Order,

HEREBY APPOINTS

of

of

to act jointly with the surviving parent as guardians) of the infants)

*(AND DIRECTS as follows:—

).

Dated this

day of

19 .

Signed ..............................................................

Judge of the District Court

*Delete where inapplicable

No. 58.12

O.58, r.4 (5) (i)

GUARDIANSHIP OF INFANTS ACT, 1964

Sections 8 (4) and 8 (5)

NOTICE OF APPLICATION TO REMOVE FROM OFFICE A GUARDIAN

(AND TO APPOINT ANOTHER)

District Court Area of

District No.

.......................................................................................................................................................................... Applicant

......................................................................................................................................................................... Respondent

TAKE NOTICE that the above-named applicant, of .........................................................................

*in court (area and) district aforesaid, will apply at the sitting of the District Court to

be held at ...........................................................................................................................................................

on the

day of

19 at

a.m./p.m. for an order under section 8 (4) of

the above Act removing from office the respondent, of .............................................................................

*in court (area and) district aforesaid, guardian (appointed by *will/*deed/*order of the

Court dated

day of

19 ) of

.......................................................................... born on ......................................................................

.......................................................................... born on ......................................................................

(an) infants) residing at ..........................................................................................................................

*(and for an order under section 8 (5) of the above Act appointing ..................................................

of .........................................................................................................................................................

to be guardian in his/her place).

Dated this

day of

19 .

Signed .........................................................

Applicant/Solicitor for Applicant

To

of

To

of

*Delete words inapplicable

No. 58.13

O.58, r.13 (5) (ii)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 8 (5)

NOTICE OF APPLICATION TO APPOINT GUARDIAN IN PLACE OF A

DECEASED GUARDIAN

District Court Area of

District No.

....................................................................................................................................................................... Applicant

..................................................................................................................................................................... *Respondent(s)

WHEREAS by order of the Court dated the

day of

19 , made

under section 8 (4) and 8 (5) of the above Act, a guardian of

.......................................................................... born on ..............................................................................

.......................................................................... born on ...............................................................................

(an) infants) residing at ..............................................................................................................................

was removed from office and ....................................................................................................................

of .......................................................................................................... was appointed in his/her place.

AND WHEREAS the said last-named guardian ..................................................................................

died on the

day of

19 ,

TAKE NOTICE that the above-named applicant, of ...........................................................................

*(in court (area and) district aforesaid) will apply at the sitting of the District Court to

be held at ........................................................................................................................................................

on the

day of

19

at a.m./p.m. for an order under section 8 (5)

of the above Act appointing *(the applicant)

*(................................................................................... of .................................................................................

*in court (area and) district aforesaid) to be guardian of the said infants) in place of

the deceased guardian.

Dated this

day of

19 .

Signed ..............................................................

Applicant/Solicitor for Applicant

*(To

of

).

*Delete words inapplicable

No. 58.14

O.58, r.4 (5) (i)

GUARDIANSHIP OF INFANTS ACT, 1964

Sections 8 (4) and 8 (5)

ORDER REMOVING FROM OFFICE A GUARDIAN

*(AND APPOINTING ANOTHER)

District Court Area of

District No.

....................................................................................................................................................................... Applicant

....................................................................................................................................................................... Respondent

UPON APPLICATION made to this Court to-day by the above-named applicant,

of ......................................................................................................................................................................

*in court (area and) district aforesaid for orders) under sections) 8 (4) and 8 (5) of the

above Act in respect of the above-named respondent, of .......................................................................

*in court (area and) district aforesaid, a guardian (appointed by will/*deed/*order of the

Court dated

day of

19 ) of

...................................................................... born on ..................................................................................

....................................................................... born on .................................................................................

(an) infants) residing at ...............................................................................................................................,

THE COURT being satisfied that notice of the application has been duly served, and

that the welfare of the infant(s) requires the making of this order,

HEREBY ORDERS that the respondent be removed from office as guardian of the infant(s),

*(AND APPOINTS ....................................................... of ....................................................

as guardian in his/her place).

*(AND DIRECTS as follows:—

Dated this

day of

19

Signed .....................................................

Judge of the District Court

*Delete words inapplicable

No. 58.15

O.58, r.4 (5) (ii)

GUARDIANSHIP OF INFANTS ACT, 1964

Section 8 (5)

ORDER APPOINTING GUARDIAN IN PLACE OF DECEASED GUARDIAN

District Court Area of

District No.

...........................................................................................................................................................Applicant

........................................................................................................................................................ *Respondent(s)

WHEREAS BY ORDER of the Court dated the

day of

19 ,

made under section 8 (4) and 8 (5) of the above Act, a guardian of

.......................................................................... born on .........................................................................

.......................................................................... born on ......................................................................

(an) infant(s) residing at .................................................................................................................. ,

was removed from office and ............................................................................................................

of ...................................................................................................... was appointed in his/her place,

AND WHEREAS the guardian so appointed died on the

day of

19 ,

NOW UPON APPLICATION made to this Court to-day by the above-named

applicant, of ....................................................................................................................................

*(in court (area and) district aforesaid) for an order under section 8 (5) of the above

Act appointing a guardian in place of the deceased guardian,

THE COURT being satisfied

*(that notice of the application was duly served and) that the welfare of the infant(s)

requires the making of this order,

HEREBY APPOINTS *(the applicant) *(..................................................................................

of .............................................................................................................................................................

*in court (area and) district aforesaid), under section 8 (5) of the above Act to be a

guardian of the said infants) in place of the deceased guardian.

*AND DIRECTS as follows:—

).

Dated this

day of

19

Signed .....................................................

Judge of the District Court

*Delete words inapplicable

No. 58.16

O.58, r.5

GUARDIANSHIP OF INFANTS ACT, 1964

NOTICE OF APPLICATION UNDER SECTION *11 (1) *11 (4) FOR THE

COURT'S DIRECTION

District Court Area of

District No.

........................................................................................................................................................... Applicant

........................................................................................................................................................... Respondent(s)

TAKE NOTICE THAT APPLICATION will be made at the sitting of the District

Court to be held at ...................................................................................................................................

on the

day of

19

at

a.m./p.m.

*(under section 11(1) of the above Act by the above-named applicant, of ......................................

in court (area and) district aforesaid, BEING A GUARDIAN OF

.................................................................. born on .....................................................................................

................................................................... born on ...................................................................................

(an) infant(s) residing at .........................................................................................................................,

FOR THE COURT'S DIRECTION on the following question affecting the welfare of

the infants) (e.g. regarding custody, access, maintenance or any other matter)

).

*(under section 11 (4) of the above Act (as substituted by section 13 of the Status of

Children Act, 1987) by the above-named applicant, of ......................................................................

in court (area and) district aforesaid,

BEING THE FATHER OF and not being a guardian of

.................................................................... born on ............................................................................

..................................................................... born on ..........................................................................

(an) (infant(s) residing at .................................................................................................................,

whose father and mother have not married each other,

FOR THE COURT'S DIRECTION regarding the custody of the infant(s) and the

right of access thereto of the applicant or the infant(s) mother).

Dated this

day of

19

Signed ........................................................

Applicant/Solicitor for the Applicant

To

of

To

of

*Delete words inapplicable

No. 58.17

O.58, r.5.

GUARDIANSHIP OF INFANTS ACT, 1964

Section 11

ORDER ON QUESTION AFFECTING WELFARE OF INFANT(S)

District Court Area of

District No.

............................................................................................................................................................. Applicant

............................................................................................................................................................. Respondents)

UPON APPLICATION made to this Court to-day by the above-named applicant of

............................................................................................... in court (area and) district aforesaid,

*(being a guardian of

..................................................................... born on ............................................................................

...................................................................... born on ...........................................................................

(an) infant(s) residing at ......................................................................................................................

for the Court's direction under section 11 of the above Act on the following question

affecting the welfare of the infant(s)

),

*(being the father of, and not being a guardian of

..................................................... born on ...........................................................................................

.................................................... born on ............................................................................................

(an) infant(s) residing at ................................................................................................................... ,

whose father and mother have not married each other, for the Court's direction regarding

the custody of the infant(s) and the right of access thereto of the applicant or of the

infant's mother, pursuant to section 11 (4) of the above Act),

THE COURT being satisfied that notice of the application was duly served, and having

heard the submissions made herein, and being satisfied that the welfare of the

infant(s) requires the making of this Order,

HEREBY DIRECTS (regarding custody and access — for example —)

*that the custody care and control of the said infant(s) be given to the *(applicant)

*(respondent) and that access to the said infants) by the *(respondent) *(applicant) be

allowed on every ........ day between the hours of

a.m./p.m. and

a.m./p.m., the

*(applicant) *(respondent) to collect the infant(s) from and return the infant(s) to ...........,

and that access be allowed at such further or other times as may be agreed

— Provided that the party to whom custody of the said infant(s) is hereby given shall

not remove the said infant(s) from the jurisdiction of this Court without having first

obtained the consent in writing of the other party or the leave of this Court or of any

other Court of competent jurisdiction.

(regarding maintenance — for example —)

*that the said .......................................................................................................................................

do pay to the said ................................................................................................................................

the weekly sum of £ towards the maintenance of (each of) the said infant(s), namely,

....................................................................born on ..............................................................................

..................................................................... born on ............................................................................

until such infant shall attain the age of sixteen years, and thereafter if, when the infant

has attained that age, he or she

(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until he or she has attained the age of twenty-one years or until such education or instruction has been completed, whichever is the sooner; or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

making in all the total weekly sum of £ ,

(regarding any other question or matter)

*that

(regarding costs)

*that the above-named *(respondent) *(applicant) do pay to the above-named

*(applicant) *(respondent) the sum of £ being the costs of these proceedings.

Dated this

day of

19

Signed .......................................................

Judge of the District Court.

WARNING

Where this order contains a direction regarding the custody of an infant or the right

of access to an infant, any person who FAILS OR REFUSES to give up the infant or

to allow access to the infant as required SHALL BE GUILTY OF AN OFFENCE and

shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment

not exceeding SIX MONTHS, or to both such fine and such imprisonment.

*Delete words inapplicable

No. 58.18

O.58, r.6

GUARDIANSHIP OF INFANTS ACT, 1964

Section 12

NOTICE OF APPLICATION TO *VARY/*DISCHARGE ORDER

District Court Area of

District No.

.......................................................................................................................................................................... Applicant

......................................................................................................................................................................... Respondent

TAKE NOTICE that the above-named applicant, of ................................................................................

in court (area and) district aforesaid, *(a guardian) *(the father of and not being a guardian) of

............................................................................. born on .........................................................................

.............................................................................. born on .........................................................................

(an) infant(s) residing at .............................................................................................................................

WILL APPLY at the sitting of the District Court to be held at .............................................................

on the

day of

19 , at

a.m./p.m. FOR AN ORDER under section 12 of the above Act

*(discharging the order of the Court herein dated the

day of

19

entitled

and made under section

of the above Act).

*(varying the order of the Court herein dated the

day of

19

entitled

and made under section

of the above Act, as follows:—

).

Dated this

day of

19 .

Signed ..................................................................

Applicant/Solicitor for Applicant

To

of

No. 58.19

O.58, r.6

GUARDIANSHIP OF INFANTS ACT, 1964

Section 12

*VARIATION ORDER/*ORDER DISCHARGING PREVIOUS ORDER

District Court Area of

District No.

....................................................................................................................................................................... Applicant

....................................................................................................................................................................... Respondent

UPON APPLICATION made to this Court to-day by the above-named applicant,

of ............................................................................................................................................................

in the court (area and) district aforesaid, *(a guardian) *(the father of and not being a

guardian) of

....................................................................... born on ..........................................................................

....................................................................... born on ..........................................................................

(an) infant(s) residing at ......................................................................................................................,

for an order under section 12 of the above Act *varying/*discharging the order of the

Court dated the

day of

19 entitled

and made under section

of the above Act,

THE COURT being satisfied that notice of the application was duly served, and that

the welfare of the infant(s) requires the making of this order,

*(HEREBY DISCHARGES the said order).

*(HEREBY VARIES the said order as follows:—

).

Dated this

day of

19 .

Signed ............................................................

Judge of the District Court

*Delete words inapplicable

No. 58.20

O.58, r.7

GUARDIANSHIP OF INFANTS ACT, 1964

NOTICE OF APPLICATION FOR PRODUCTION OF INFANT(S)

District Court Area of

District No.

......................................................................................................................................................................... Applicant

......................................................................................................................................................................... Respondent

TAKE NOTICE that the above-named applicant, of ..........................................................................

in the court (area and) district aforesaid, a parent (within the meaning of Part III of the

Act) of ,

...................................................................... born on ..........................................................................

........................................................................ born on .........................................................................

(an) infant(s) residing at ..........................................................................................................................

WILL APPLY at the sitting of the District Court to be held at ...........................................................

on the

day of

19 at a.m./p.m. FOR AN ORDER under Part

III of the above Act that you produce to the Court the said infant(s) and abide

the further order of the Court herein.

Dated this

day of

19 .

Signed ..............................................................

Applicant/Solicitor for Applicant

To

of

Respondent

No. 58.21

O.58, r.7

GUARDIANSHIP OF INFANTS ACT, 1964

ORDER FOR PRODUCTION OF INFANT(S)

District Court Area of

District No.

........................................................................................................................................................................ Applicant

........................................................................................................................................................................ Respondent

UPON APPLICATION made to this Court to-day by the above-named applicant,

of ..........................................................................................................................................................

in court (area and) district aforesaid, a parent (within the meaning of Part III of the

above Act) of

.................................................................... born on .............................................................................

.................................................................... born on ............................................................................,

(an) infant(s), residing at ....................................................................................................................,

for an order under Part III of the above Act for the production of the infant(s),

THE COURT being satisfied that notice of the application was duly served, and the

said infant(s) not now being before the Court, and being satisfied that the welfare of the

infant(s) requires the making of this order,

HEREBY ORDERS the Respondent to produce the infants) to the Court at

on the

day of

19 ,

at

a.m./p.m. and to abide the further order of the Court herein.

Dated this

day of

19 .

Signed ..................................................................

Judge of the District Court

To

of

Respondent

No. 58.22

O.58, r.7

GUARDIANSHIP OF INFANTS ACT, 1964

ORDER THAT INFANT(S) BE GIVEN UP TO PARENT

District Court Area of

District No.

............................................................................................................................................................................ Applicant

...................................................................................................................................................................... Respondent

UPON APPLICATION made to this Court today by the above-named applicant,

of .......................................................................................................................................................................

in the court (area and) district aforesaid, a parent (within the meaning of Part III of the

above Act) of

.................................................................... born on .......................................................................................

.................................................................... born on .......................................................................................

(an) infant(s) residing at ................................................................................................................................ ,

for an order under Part III of the above Act for the production of the infant(s),

THE COURT being satisfied that notice of the application was duly served, that

the applicant is a fit person to have the custody of the said infant(s), and that the welfare of

the infant(s) (now before the Court) requires the making of this order,

HEREBY ORDERS that the said infant(s) be given up to the applicant parent.

*(AND DIRECTS as follows:—

).

Dated this

day of

19 .

Signed ............................................................

Judge of the District Court

*Delete where inapplicable

No. 58.23

O.58, r.7

GUARDIANSHIP OF INFANTS ACT, 1964

Section 14

ORDER DECLINING TO ENFORCE RIGHT TO CUSTODY

District Court Area of

District No.

..................................................................................................................................................................... Applicant

..................................................................................................................................................................... Respondent

UPON APPLICATION made to this Court today by the above-named applicant,

of ...................................................................................................................................................................

in court (area and) district aforesaid, a parent (within the meaning of Part III of the

above Act) of

................................................................... born on ...........................................................................

................................................................... born on ..........................................................................

(an) infant(s), residing at ..................................................................................................................... ,

for an order under Part III of the above Act for the production of the infant(s),

THE COURT being satisfied that notice of the application was duly served,

*(and being of the opinion that the applicant has *abandoned/*deserted the infant(s)),

*(and being of opinion that the applicant has so conducted himself/herself that the Court

should refuse to enforce his/her right to the custody of the infant(s)),

and being satisfied that the welfare of the infant(s) (now before the Court) so requires,

HEREBY DECLINES to make the order sought

*(AND DIRECTS as follows:—

).

Dated this

day of

19 .

Signed ............................................................

Judge of the District Court

* Delete words inapplicable

No. 58.24

O.58, r.7

GUARDIANSHIP OF INFANTS ACT, 1964

ORDER THAT INFANT BE GIVEN UP TO A PARENT

(under section 15)

District Court Area of

District No.

........................................................................................................................................................................ Applicant

........................................................................................................................................................................Respondent

UPON APPLICATION made to this Court to-day be the above-named applicant,

of

...................................................................................................................................................

in court (area and ) district aforesaid, a parent (within the meaning of Part III of the above-mentioned Act, of

...................................................born on ........................................................................................

.................................................... born on ........................................................................................

(an) infant(s), residing at ...............................................................................................................

for an order under Part III of the Act for the production of the infant(s),

having found that

*the infant(s) is/are being brought up at the expense of another person, namely,

.....................................................................................................................................................

,)

*(assistance has been provided for the infant(s) by a health authority, namely,

..........................................................................................

under section 55 of the Health Act, 1953 ,)

*the infant(s) has/have been maintained in the care of the

...................................................................

Health Board under section 4 of the Child Care Act, 1991 ,)

being satisfied that

notice of the application was duly served,

the applicant is a fit person to have the custody of the infant(s), and that the welfare of the infant(s) *(now before the Court) requires the making of this order,

HEREBY ORDERS that the said infant(s) be given up to the applicant parent,

*(AND FURTHER ORDERS that the applicant shall pay to that other person/health authority the sum of £ , being the whole/portion of the costs properly incurred by that person/health authority in bringing up/providing assistance for the infant(s).

*(AND DIRECTS as follows:—

).

Dated this

day of

19 .

Signed .........................................................

Judge of the District Court

* Delete words inapplicable

No. 58.25

O.58, r.8

COURTS (No. 2) ACT, 1986

Section 5

SUMMONS

District Court Area of

District No.

.......................................................................................................................................................................Complainant

.......................................................................................................................................................................Defendant

WHEREAS A COMPLAINT has been made to me

THAT YOU, the above-named defendant, on the day of 19 at

.......................................................................................

*(in the court (area and) district aforesaid),

having the actual custody of an infant/infants, namely,

........................................................................

and having been given or shown a copy of the order of the District Court made at a

sitting of the Court held at

.................................................................................................................

on the day of 19 requiring you to give up the said infant(s) to the

complainant of

...............................................................................................................................

at a.m./p.m. on the day of 19 , (or) having been present in court when the said order was made, and having been required by or on behalf of the said complainant to give up the infant(s) in accordance with the order,

DID FAIL OR REFUSE to comply with that requirement, contrary to section 5 of the Courts (No. 2) Act, 1986 ,

THIS IS TO COMMAND YOU to appear on the hearing of the said complainant at the sitting of the District Court for the court (area and) district aforesaid to be held at on the day of 19 at a.m./p.m. to answer to the said complainant.

Dated this

day of

19 .

Signed ............................................................

Judge of the District Court

To

of

the above-named defendant

* Delete words inapplicable

No. 58.26

O.58, r.8

COURTS (No. 2) ACT, 1986

Section 5

SUMMONS

District Court Area of

District No.

............................................................................................................................................................. Complainant

............................................................................................................................................................. Defendant

WHEREAS A COMPLAINT has been made to me

THAT YOU, the above-named defendant on the

day of

19

at

...........................................................................................................................................

*(in the court (area and) district aforesaid), having the actual custody of an

infant/infants, namely, ................................................................................................................... ,

and having been given or shown a copy of an order of the District Court made at a

sitting of the Court held at ............................................................................................................

on the

day of

19

requiring you to allow the complainant of

to have access to the said infant(s), as follows:— ............................................................................

(or) having been present in court when the said order was made, and having been

required by or on behalf of the said complainant to allow him/her to have such access,

DID FAIL OR REFUSE to comply with that requirement, contrary to section 5 of

the Courts (No. 2) Act, 1986 ,

THIS IS TO COMMAND YOU to appear on the hearing of the said complaint at

the sitting of the District Court for the court (area and) district aforesaid to be held at

on the

day of

19

at

a.m./p.m. to answer to the said complaint.

Dated this

day of

19 .

Signed ..............................................................

Judge of the District Court

To

of

the above-named defendant

*Delete where inapplicable

No. 59.1

O.59, r.4 (1)

DOMESTIC VIOLENCE ACT, 1996

Section 2 (2)

SUMMONS FOR A SAFETY ORDER

District Court Area of

District No.

..................................................................................................................................................................... Applicant

..................................................................................................................................................................... Respondent

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court to

be held at ...........................................................................................................................................

on the ........ day of ............. 19..., at .....m. to answer the application of the *applicant

* (or the ................. Health Board on behalf of the applicant by virtue of section 6 of the above-mentioned Act) who is

* the spouse of the respondent

* not the spouse of the respondent but has lived with the respondent as husband or wife for a period of at least six months in aggregate during the period of twelve months immediately prior to this application

* a parent of the respondent and the respondent being of full age and not, in relation to the parent, a dependent person,

* of full age and residing with the respondent in a relationship which is not primarily contractual

and who resides at ............................................................ *(in the Court District aforesaid)

for a safety order directing that you shall not use or threaten to use violence against,

molest or put in fear the *applicant *or any dependent person(s) *and shall not watch

or beset the place where the applicant *and that dependent person(s) reside(s).

Dated this

day of

19 .

Signed ................................................................

Judge of the District Court

District Court Clerk

To

of

Respondent

*WARNING

IT IS AN OFFENCE under section 9 of the Family Home Protection Act, 1976 , as

applied by section 8 of the Domestic Violence Act, 1996 , for a spouse to DISPOSE OF

OR REMOVE ANY OF THE HOUSEHOLD CHATTELS pending the determination

of the application herein, and if a safety order is made, while that order is in force (unless

the other spouse consents or the Court permits it).

A spouse who contravenes that provision shall be liable on conviction to a fine not

exceeding £100 or to imprisonment for a term not exceeding six months, or to both.

*Delete where inapplicable

No. 59.2

O.59, r.4 (2)

DOMESTIC VIOLENCE ACT, 1996

Section 2

SAFETY ORDER

District Court Area of

District No.

....................................................................................................................................................................... Applicant

....................................................................................................................................................................... Respondent

THE APPLICATION of *the applicant of .....................................................................................

*(in the Court District aforesaid) (*or the .................... Health Board on behalf of the

applicant by virtue of section 6 of the above-mentioned Act) for a safety order against

the above-named respondent of .........................................................................................................pursuant to the provisions of section 2 of the above Act coming, by summons duly served, before the Court this day, and the Court on the evidence given being of opinion that there are reasonable grounds for believing that the *safety/welfare of the applicant *and any dependent person so requires,

NOW THE COURT HEREBY DIRECTS THAT the respondent shall not use or

threaten to use violence against, molest or put in fear the applicant or that dependent

person,

*and shall not watch or beset the place where the applicant *or dependent persons)

reside(s).

THIS ORDER SHALL REMAIN IN FORCE FOR/UNTIL

*SAVE AND EXCEPT

This

day of

19

Signed ...........................................................

Judge of the District Court

To

of

Respondent

*WARNING

A respondent who contravenes this order may be arrested without warrant by a member

of the Garda Siochana, and on conviction for such an offence may be fined £1,500.00

or be sentenced to twelve months imprisonment or be both fined and imprisoned.

A copy of this order is being sent to the Garda Síochána station at .........................................................

*IT IS AN OFFENCE under section 9 of the Family Home Protection Act, 1976 , as

applied by section $ of the Domestic Violence Act, 1996 , for a spouse to DISPOSE OF

OR REMOVE ANY OF THE HOUSEHOLD CHATTELS while this order is in force

unless the other spouse consents or the Court on application permits it. A spouse who

contravenes that provision shall be liable on conviction to a fine not exceeding £100 or

to imprisonment for a term not exceeding six months, or to both.

*Delete where inapplicable

No. 59.3

O.59, r.5 (1)

DOMESTIC VIOLENCE ACT, 1996

Section 3 (2)

SUMMONS FOR A BARRING ORDER

District Court Area of

District No.

..................................................................................................................................................................... Applicant

...................................................................................................................................................................... Respondent

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court to

be held at ......................... on the ............ day of ............. 19...., at ....m. to answer the

application of the *applicant *(or the ................ Health Board on behalf of the applicant

by virtue of section 6 of the above-mentioned Act) who is

* the spouse of the respondent

* not the spouse of the respondent but has lived with the respondent as husband or wife for a period of at least six months in aggregate during the period of nine months immediately prior to this application

* a parent of the respondent and the respondent being of full age and not, in relation to the parent, a dependent person,

for a barring order directing you to leave the place where the applicant *or any dependent

person resides at ................. *(in the Court District aforesaid) and prohibiting you

from entering the place where the applicant *or any dependent person resides until

further order of the Court, or until such other time as the Court shall specify on the

grounds that the *safety/welfare of the applicant *and any dependent person so requires.

Dated this

day of

19

Signed ..............................................................

Judge of the District Court

District Court Clerk

To

of

Respondent

*WARNING

IT IS AN OFFENCE under section 9 of the Family Home Protection Act, 1976 , as

applied by section 8 of the Domestic Violence Act, 1996 , for a spouse to DISPOSE OF

OR REMOVE ANY OF THE HOUSEHOLD CHATTELS pending the determination

of the application herein, and if a barring order is made, while that order is in force

(unless the other spouse consents or the Court permits it). A spouse who contravenes

that provision shall be liable on conviction to a fine not exceeding £100 or to imprisonment

for a term not exceeding six months, or to both.

*Delete where inapplicable

No. 59.4

O.59, r.5 (2)

DOMESTIC VIOLENCE ACT, 1996

Section 3

BARRING ORDER

District Court Area of

District No.

....................................................................................................................................................................... Applicant

....................................................................................................................................................................... Respondent

THE APPLICATION of *the above-named applicant* (of the Health Board

on behalf of the applicant by virtue of section 6 of the above mentioned Act) for a

barring order against the above-named respondent pursuant to the provisions of section

3 of the above Act coming, by summons duly served, before the Court this day, and the

Court on the evidence given being satisfied that the applicant, *and any dependent

person(s) reside(s) for the purpose of the section at ...................... *(in the Court District

aforesaid) and being of opinion that there are reasonable grounds for believing that the

*safety/welfare of the applicant *and/*any dependent person(s) requires the making of

this order,

NOW THE COURT HEREBY DIRECTS YOU, the respondent, to leave the place

where the *applicant *and any dependent person(s) reside(s) at ................................... *(in the

Court District aforesaid) on being notified of the making of this order,

AND PROHIBITS YOU FROM entering that place until the ................................................

day of ..............................................................................19.........., without leave of the Court

*SAVE AND EXCEPT

*AND FURTHER PROHIBITS YOU from

using or threatening to use violence against *the applicant/any dependent person; molesting or putting in fear *the applicant/any dependent person; attending at or in the vicinity of, or watching or besetting a place where, *the applicant/any dependent person resides

during the period aforesaid.

Dated this

day of

19

Signed ..............................................................

Judge of the District Court

To

of

Respondent

WARNING

A respondent who contravenes this order, or who, while this order is in force, refuses

to permit the applicant or any dependent person to enter in and remain in the place to

which this order relates or does any act for the purpose of preventing the applicant or

such dependent person from so doing, may be arrested without warrant by a member of

the Garda Síochána, and on conviction for such an offence may be fined £1,500.00 or be

sentenced to twelve months imprisonment or be both fined and imprisoned.

A copy of this order is being sent to the Garda Síochána station at ......................................................

*IT IS AN OFFENCE under section 9 of the Family Home Protection Act, 1976 , as

applied by section 8 of the Domestic Violence Act, 1996 , for a spouse to DISPOSE OF

OR REMOVE ANY OF THE HOUSEHOLD CHATTELS while this order is in force

unless the other spouse consents or the Court on application permits it.

A spouse who contravenes that provision shall be liable on conviction to a fine not

exceeding £100 or to imprisonment for a term not exceeding six months, or to both.

*Delete where inapplicable

No. 59.5

O.59,r.6 (2)

DOMESTIC VIOLENCE ACT, 1996

Section 4

INFORMATION

District Court Area of

District No.

...................................................................................................................................................................... Applicant

...................................................................................................................................................................... Respondent

The information of *the above-named applicant of ..........................................................................

*(or of the Health Board on behalf of the applicant by virtue of

section 6 of the above mentioned Act) who says on oath:-

On the ...... day of............... 19....., I caused a summons for hearing at ................. District

Court on the ......

day of ..............

19....,

at.......m,

to be issued against the above-named

respondent of ..................... ., applying for a barring order in respect of ....................................

*(in the Court District aforesaid) being the place where I *and any dependent person

reside(s) and I now request an interim barring order against the respondent pursuant to

the provisions of section 4 of the above-mentioned Act on the grounds:

and I say that there is an immediate risk of significant harm to me *and* or any dependent

person if the order is not made immediately and the granting of a protection order

would not be sufficient to protect me *or any dependent person.

Dated this

day of

19

Signed .............................................................

Informant

Sworn before me this............

day of ......

19

Signed .............................................................

Judge of the District Court

*Delete where inapplicable

No. 59.6

O.59,r.6

DOMESTIC VIOLENCE ACT, 1996

Section 4

INTERIM BARRING ORDER

District Court Area of

District No.

.................................................................................................................................................................. Applicant

.................................................................................................................................................................. Respondent

WHEREAS

*the applicant above named of

*(or the

Health Board

on behalf of the applicant by virtue of section 6 of the above mentioned Act) has issued

a summons for a barring order

*the Court, in this exceptional case, considers it necessary or expedient in the interests

of justice to make this order ex parte or notwithstanding the fact that the summons

required by Rule 5 hereof has not been served,

AND WHEREAS the Court, on the evidence given is of opinion that there is an

immediate risk of significant harm to the applicant *and* or any dependent person if this

order is not made immediately, and the granting of a protection order would not be

sufficient to protect the applicant *and any dependent person

NOW THE COURT HEREBY DIRECTS YOU, the respondent to leave the place

where the applicant *and any dependent person reside(s) at .....................................................................

*(in the Court District aforesaid) on being notified of the making of this order,

AND PROHIBITS YOU FROM entering such place until the ........... day of ............

19.... without leave of the Court,

*SAVE AND EXCEPT

*AND FURTHER PROHIBITS YOU from

using or threatening to use violence against *the applicant/*any dependent person; molesting or putting in fear *the applicant/any dependent person; attending at or in the vicinity of, or watching or besetting a place where, *the applicant/*any dependent person reside(s)

during the period aforesaid.

Dated this

day of

19 .

Signed ...............................................................

Judge of the District Court

To

of

Respondent

WARNING

A respondent who contravenes this order, or who, while this order is in force refuses to permit the applicant or any dependent person to enter in and remain in the place to which this order relates or does any act for the purpose of preventing the applicant or such dependent person from so doing may be arrested without warrant by a member of the Garda Síochána, and on conviction for such an offence may be fined £1,500.00 or be sentenced to twelve months imprisonment or be both fined and imprisoned.

A copy of this order is being sent to the Garda Síochána Station at ..............................

No. 59.7

O.59,r.7 (2)

DOMESTIC VIOLENCE ACT, 1996

Section 5

INFORMATION

District Court Area of

District No.

........................................................................................................................................................................... Applicant

........................................................................................................................................................................... Respondent

The information of *the above-named applicant, of ...........................................................................

*(in the Court District aforesaid)*

(or of the

health board

on behalf of the applicant by virtue of section 6 of the above mentioned Act)who says on oath:-

On the ............................ day of ............................ 19...., I caused a summons for hearing

at ................................ District Court on the ................................ day of ...............................................

19.... to be issued against the above-named respondent of ..................................................................

applying pursuant to the provisions of

*section 2 of the above Act for a safety order

*section 3 of the above Act for a barring order in respect of.................................................................

*(in the Court District aforesaid) being the place where I *and any dependent person

resides) and I now request a protection order against the respondent pursuant to the

provisions of section 5 of the above Act on the grounds that:-

Dated this

day of

19

Signed ............................................................

Informant

Sworn before me this ................................................ day of ..................................................... 19.......

Signed ............................................................

Judge of the District Court

No. 59.8

O.59, r.7 (3)

DOMESTIC VIOLENCE ACT, 1996

Section 5

PROTECTION ORDER

District Court Area of

District No.

........................................................................................................................................................................ Applicant

....................................................................................................................................................................... Respondent

WHEREAS *the above-named applicant who resides at ..................................................................

*(in the Court District aforesaid)*(or the

Health Board

on behalf of the applicant by virtue of section 6 of the above mentioned Act) has caused

a summons to issue for hearing at a sitting of the Court at ................... on the ........ day

of .................. 19..... at ........ a.m./p.m. pursuant to the provisions of section *2/*3 of the

above Act for a *safety/*barring order against the above-named respondent residing at

............................................. *(in the Court District aforesaid) which application has not

yet been determined by the Court;

AND WHEREAS the Court is of opinion that there are reasonable grounds for

believing that the safety or welfare of the above-named applicant *and (a) dependent

person(s), so requires,

THE COURT HEREBY ORDERS that the above-named respondent shall not use

or threaten to use violence against, molest or put in fear the above-named applicant *or

any dependent person(s), and

*FURTHER ORDERS that the respondent shall not watch or beset the place where

the applicant *or (a) dependent person(s) reside(s).

*SAVE AND EXCEPT

Dated this

day of

19

Signed ............................................................

Judge of the District Court

To

of

Respondent

WARNING

A respondent who contravenes this order may be arrested without warrant by a member

of the Garda Síochána, and on conviction for a first offence, may be fined £1,500.00

or sentenced to twelve months imprisonment, or be both fined and imprisoned.

A copy of this order is being sent to the Garda Síochána station at ...................................................

*Delete where inapplicable

No. 59.9

O.59, r.8 (1)

DOMESTIC VIOLENCE ACT, 1996

Section *2 *3 *4 *5

SUMMONS TO VARY A *SAFETY *BARRING *INTERIM BARRING ORDER

*PROTECTION ORDER

District Court Area of

District No.

......................................................................................................................................................................... Applicant

......................................................................................................................................................................... Respondent

YOU ARE HEREBY REQUIRED to appear at the District Court at ...................................................

on the ....... day of .................. 19...., at .......... m. to answer the application of the

*(applicant) *(........... Health Board on behalf of the applicant by virtue of section 6 of the

above-mentioned Act),*respondent of ......................................................................................................

to have the *safety order *barring order *interim barring order *protection order made

on the ....... day of ..................... 19..... at the District Court at .............................. varied as

follows:-

Dated this ........................

day of ...............

19 .....

Signed ...........................................................

Judge of the District Court or

District Court Clerk

To

of

*applicant *respondent

*Delete where inapplicable

No. 59.10

O.59, r.8 (2)

DOMESTIC VIOLENCE ACT, 1996

Section *2 *3 *4 *5

ORDER VARYING A *SAFETY *BARRING *INTERIM BARRING

*PROTECTION ORDER

District Court Area of

District No.

........................................................................................................................................................................ Applicant

........................................................................................................................................................................ Respondent

THE APPLICATION of the above-named *(applicant) *(................................. Health Board on behalf of the applicant by virtue of section 6 of the above-mentioned Act) *(respondent) for an order varying the *safety order *barring order *interim barring order *protection order made by the District Court at ................................ on the ..... day of .............19..... coming by summons duly served before the Court on this date, THE COURT, having considered the evidence tendered,

HEREBY VARIES the order as follows:-

Dated this ........

day of ............

19.....

Signed ................................................................

Judge of the District Court

To

of

*applicant *respondent

*Delete where inapplicable

No. 59.11

O.59, r.9 (1)

DOMESTIC VIOLENCE ACT, 1996

Section 13

SUMMONS TO DISCHARGE A *SAFETY *BARRING *INTERIM BARRING

*PROTECTION ORDER

District Court Area of

District No.

...................................................................................................................................................................... Applicant

...................................................................................................................................................................... Respondent

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court to

be held at ............................... on the ....... day of ................ 19..... at ......., m. to answer the

application of the above-named *(applicant) *(.............. Health Board on behalf of the

applicant by virtue of section 6 of the above-mentioned Act) *(respondent) of

............................ for the discharge of the *safety order *barring order *interim barring

order *protection order made on the .......... day of..................... 19.... at the District Court

at ........................ on the grounds that the safety and welfare of the applicant *and* or any

dependent person for whose protection the order was made does not require that the

order should continue in force

Dated this ........

day of .................

19.....

Signed ............................................................

Judge of the District Court or

District Court Clerk

To

of

*applicant *respondent

*Delete where inapplicable

No. 59.12

O.59, r.9 (2)

DOMESTIC VIOLENCE ACT, 1996

Section 13

ORDER DISCHARGING A *SAFETY *BARRING *INTERIM BARRING

*PROTECTION ORDER

District Court Area of

District No.

....................................................................................................................................................................... Applicant

...................................................................................................................................................................... Respondent

THE APPLICATION of the above-named *(applicant) *(...........Health Board on behalf of the applicant by virtue of section 6 of the above-mentioned Act) *(respondent) for the discharge of the *safety order *barring order *interim barring order *protection

order made on the ......

day of ............

19.....,

at the District Court at ................................

coming by summons duly served before the Court on this date, and being satisfied on the evidence that the safety and welfare of the applicant *and *or any dependent person for whose protection the order was made does not require that the order should remain in force,

THE COURT ORDERS that the *safety order *barring order *interim barring order *protection order be discharged.

Dated this ...........

day of ..................

19....

Signed ............................................................

Judge of the District Court

To

of

*applicant *respondent

No. 59.13

O.59, r.11 (1)

DOMESTIC VIOLENCE ACT, 1996

NOTICE THAT *INTERIM BARRING *PROTECTION ORDER HAS CEASED TO HAVE EFFECT

District Court Area of

District No.

..............................................................................................................................................................

Applicant

of

..................................................................................................................................................

..............................................................................................................................................................

...............................................................................................................................................................

Respondent

of

..................................................................................................................................................

...............................................................................................................................................................

TAKE NOTICE that the *interim barring order *protection order made in the above matter on the......................day of.................................19........ has now ceased to have effect.

Dated this ...........

day of ..................

19.......

Signed .............................................................

District Court Clerk

To the member in charge of the Garda Síochána station

at

...................................................................................................................................................

* Delete where inapplicable

No. 59.14

O.59, r.13 (2)

DOMESTIC VIOLENCE ACT, 1996

APPLICATION FOR A STAY ON THE OPERATION OF A *SAFETY ORDER *

BARRING ORDER

District Court Area of

District No.

......................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

TAKE NOTICE that the *applicant *(or the Health Board on behalf of the applicant by virtue of section 6 of the above mentioned Act)*respondent will apply at the sitting of the District Court at ........................ on the ........... day of.....................19....., for a stay on the operation of the *safety order *barring order made on the ........ day of .................. 19...... under the terms of section 12 of the above Act.

This ........

day of ..............

19.......

Signed .............................................................

Solicitor for *Applicant *

Respondent

To .....................................

of .....................................

*applicant *respondent

* Delete where inapplicable

No. 59.15

O.59, r.13 (2)

DOMESTIC VIOLENCE ACT, 1996

ORDER STAYING OPERATION OF A *SAFETY ORDER *BARRING ORDER

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

THE APPLICATION of the above-named *applicant *(or the Health Board on behalf of the applicant by virtue of section 6 of the above mentioned Act) *respondent for an order staying the operation of the *safety order *barring order made by the District Court at ......................... on the ...... day of ................. 19...., coming by notice duly served before the Court on this date, THE COURT, having considered the evidence tendered, HEREBY ORDERS a stay on the operation of the said *safety order *barring order pending the appeal lodged *subject to the following terms-

Dated this ......

day of ..............

19.......

Signed ..............................................................

Solicitor for *Applicant *

Respondent

* Delete where inapplicable

No. 60.1

O.60,r.4

FAMILY HOME PROTECTION ACT, 1976

Section 9 (1)

NOTICE OF APPLICATION FOR AN ORDER PROHIBITING THE DISPOSITION OR REMOVAL OF HOUSEHOLD CHATTELS

District Court Area of

District No.

......................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

WHEREAS the above-named applicant, of

..........................................................................

*(in the court (area and) district aforesaid), being the spouse of the above-named

respondent of

................................................................................................................................... ,

claims

that there are reasonable grounds for believing that the respondent intends to *sell, *lease, *pledge, *charge or otherwise dispose of or to remove such a number or proportion of the household chattels, not exceeding £5,000 in value, in the family home at ............................................. ., in the court (area and) district aforesaid, as would be likely to make it difficult for the applicant spouse *(and dependent child/ren of the family) to reside in the family home without undue hardship,

TAKE NOTICE THAT the applicant will apply at the sitting of the District Court to be

held at

.............................................................................

on the

day of

19 at a.m./p.m. for an order under section 9 (1) of the above-mentioned Act prohibiting you, on such terms as the Court may see fit, from making such disposition or removal.

Dated this ......

day of ..............

19.......

Signed ..............................................................

Applicant/Solicitor for Applicant.

To

of

the above-named respondent.

* Delete words inapplicable

No. 60.2

O.60,r.4

FAMILY HOME PROTECTION ACT, 1976

Section 9 (1)

ORDER PROHIBITING *DISPOSITION *REMOVAI. OF HOUSEHOLD CHATTELS

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

UPON THE APPLICATION of the above-named applicant, of

..............................................

for an order under section 9 (1) of the above-mentioned Act against *his *her spouse, the above-named respondent, of..................................... coming by notice duly served before this Court to-day, and

IT APPEARING to the Court that there are reasonable grounds for believing that the respondent intends to *sell *lease *pledge *charge *dispose of *remove such a number or proportion of the household chattels, not exceeding £5,000 in value, in the family home at ......................................... ., in the court (area and) district aforesaid, as would be likely to make it difficult for the applicant spouse *(and dependent child/ren of the family) to reside in the family home without undue hardship,

THE COURT HEREBY PROHIBITS YOU the above-named respondent from *selling *leasing *pledging *charging *disposing of *removing such household chattels

*[SAVE AND EXCEPT

.]

Dated this ......

day of ...............

19.......

Signed ..............................................................

Judge of the District Court

To

of

the above-named respondent

* Delete words inapplicable

No. 60.3

O.60,r.5

FAMILY HOME PROTECTION ACT, 1976

Section 9 (2)

NOTICE OF APPLICATION FOR AN ORDER PERMITTING DISPOSITION OR REMOVAL OF HOUSEHOLD CHATTELS

District Court Area of

District No.

.......................................................................................................................................................

Applicant

.......................................................................................................................................................

Respondent

WHEREAS matrimonial proceedings (under section of the ) have been instituted in this Court by *(me against) my spouse, the above-named respondent, * (against me. the above-named applicant) and such proceedings have not been finally determined,

TAKE NOTICE that I will apply at the sitting of the District Court to be held at

............................................................................................

on the

day of

19 at a.m./p.m. for an order under section 9 (2) of the above Act permitting me to sell, lease, pledge, charge or otherwise dispose of or to remove certain household chattels, namely,................................................. valued £ , in the family home at ......................................in the court area/district aforesaid.

Dated this

day of

19 .

Signed ..............................................................

Applicant/Solicitor for Applicant.

To

of

the above-named respondent.

* Delete words inapplicable

No. 60.4

O.60,r.5

FAMILY HOME PROTECTION ACT, 1976

Section 9 (2)

ORDER PERMITTING *DISPOSITION/*REMOVAL OF HOUSEHOLD CHATTELS

District Court Area of

District No.

......................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

UPON THE APPLICATION of the above-named applicant of ...................................... for an order under section 9 (2) of the above Act for the sale, lease, pledge, charge or other disposition or removal of certain household chattels; namely, ................................... valued £ , in the family home at .............................:..................... in the court area (district aforesaid, coming by notice duly served before the Court this day,

THE COURT being satisfied

1. that the respondent is the spouse of the applicant,

2. that matrimonial proceedings (under section of the ) have been instituted in this Court by the *applicant/*respondent and have not been finally determined,

3. that on the evidence tendered this order ought to be made,

HEREBY ORDERS that the applicant be permitted to *sell *lease *pledge *charge *dispose of *remove the said household chattels, *(on the following terms:-

)

Dated this

day of

19 .

Signed .............................................................

Judge of the District Court

* Delete words inapplicable

No. 60.5

O.60,r.6

FAMILY HOME PROTECTION ACT, 1976

Section 9 (4)

SUMMONS

District Court Area of

District No.

.................................................................................................................................................

Complainant

...................................................................................................................................................

Defendant

WHEREAS a complaint has been made to me

THAT YOU, being the spouse

of

.............................................................................

of

.................................................................

and matrimonial proceedings (under section

of the

) having

been instituted in this Court by *you *your spouse and the said proceedings not having been finally determined,

DID in contravention of the provisions of section 9 (2) of the Family Home Protection Act, 1.976, sell, lease, pledge, charge or otherwise dispose of or remove certain household

chattels, namely

..................................................................................................................................

valued £

,in the family home at

......................................................................................

in the court area/district aforesaid,

THIS IS TO COMMAND YOU to appear on the hearing of the said complaint at the sitting of the District Court for the court (area and) district aforesaid to be held at on the day of 19 at a.m./p.m., to answer to the said complaint.

Dated this

day of

19

.

Signed .............................................................

Judge of the District Court

To

of

the above-named defendant

* Delete words inapplicable

No. 60.6

O.60,r.7

FAMILY HOME PROTECTION ACT, 1976

NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 9 (5)

District Court Area of

District No.

..................................................................................................................................................

Applicant

..................................................................................................................................................

Respondent

WHEREAS the above-named applicant, of

..............................................................

is the

spouse of the above-named respondent,

AND WHEREAS the applicant claims that the respondent

*[has contravened *(an order under section 9 (1)) *(the provisions of section 9 (2)) of the above Act prohibiting the disposition or removal of household chattels in the family

home at

........................................

in the court area/district aforesaid]

*[has sold, leased, pledged, charged or otherwise disposed of or removed the following

household chattels, namely

..................................................

valued £

in the family home at

in the court area/district aforesaid and thereby has made or is likely to make it difficult for the applicant or a dependent child of the family to reside in the family home without undue hardship]

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

............................

on the

day of

19

at

a.m./p.m.

for an order under section 9 (5) of the above Act that the respondent do provide household chattels for the applicant or a sum of money in lieu thereof, so as to place the applicant or the dependent child of the family as nearly as possible in the position that prevailed before such *contravention *disposition *removal.

Dated this

day of

19

.

Signed ..............................................................

Applicant/Solicitor for Applicant

To

of

the above-named respondent.

* Delete words inapplicable

No. 60.7

O.60,r.7

FAMILY HOME PROTECTION ACT, 1976

ORDER UNDER SECTION 9 (5)

District Court Area of

District No.

.................................................................................................................................................

Applicant

..................................................................................................................................................

Respondent

UPON THE APPLICATION of the above-named applicant, of

..............................................

for an order under section 9 (5) of the above Act against the above-named respondent,

of

.............................................................................................................................................

coming by notice duly served before the Court this day, and

IT APPEARING TO THE COURT that the applicant is the spouse of the respondent, and

*[that the respondent has contravened *(an order under section 9 (1)) *(the provisions of section 9 (2)) of the above Act]

*[that the respondent has *sold *leased *pledged *charged or otherwise disposed of *removed such number or proportion of the household chattels, namely

...........................................

...........................................

valued £

in the family home at

in the court area/district aforesaid, as has made or is likely to make it difficult for the applicant or a dependent child of the family to reside in the family home without undue hardship],

THE COURT NOW HEREBY ORDERS YOU the above-named respondent *(to provide for the applicant the following household chattels

.............................................................................................................................................................)

*(to pay to the applicant the sum of £ in lieu of those household chattels)

so as to place the applicant or a dependent child of the family as nearly as possible in the position that prevailed before such *contravention *disposition *removal.

Dated this

day of

19

.

Signed ..............................................................

Judge of the District Court.

To

of

the above-named respondent.

* Delete words inapplicable

No. 60.8

O.60, r. 8

FAMILY HOME PROTECTION ACT, 1976

Section 15

SUMMONS

District Court Area of

District No.

...................................................................................................................................................

Complainant

..................................................................................................................................................

Defendant

WHEREAS A COMPLAINT has been made to me

THAT YOU, being a person having an interest in the premises

...............................................

in the court area/district aforesaid, on being required in writing by or on behalf of

..........................................................................................

a person proposing to acquire that interest, to

give any information necessary to establish if the conveyance of that interest required a consent under section 3 (1) of the Family Home Protection Act, 1976 ,

DID KNOWINGLY GIVE on the day of 19

at

..........................................................

information which was false or misleading in a material

particular, contrary to section 15 of the Family Home Protection Act, 1976 ,

THIS IS TO COMMAND YOU to appear on the hearing of the said complaint at the sitting of the District Court for the court (area and) district aforesaid to be held at

held at

............................

on the

day of

19

at

a.m./p.m.

to answer to the said complaint.

Dated this

day of

19

.

Signed ..............................................................

Judge of the District Court.

To

of

the above-named defendant

* Delete words inapplicable

No. 61.1

O.61,r.2 (1)

STATUS OF CHILDREN ACT, 1987

Section 38 (1)

NOTICE OF APPLICATION FOR DIRECTION FOR THE USE OF BLOOD TESTS

District Court Area of

District No.

Between

..................................................................................................................................

of

..............................................................................................................................................

and

.........................................................................................................................................................

of

............................................................................................................................................

WHEREAS civil proceedings entitled as above were brought before the District Court

sitting at

...................................................................

in the court area and district aforesaid on

the day of 19 , *(and now stand adjourned to a sitting of that Court on the day of 19 at a.m./p.m.),

AND WHEREAS in the said proceedings the parentage of one

...............................................

of

....................................................................

aged.....................................

is in question,

TAKE NOTICE that at the sitting of the Court at

....................................................................

on the day of 19 at a.m./p.m., an application will be made by

or on behalf of the above-named

......................................................................

party to the proceedings

for a direction under section 38 (1) of the above Act for the use of blood tests

for the purpose of assisting the Court to determine whether

..........................................................

of

.................................................................................................................

*(party to the proceedings)

is or is not a parent of the said

.....................................................................................................

and for the taking of blood samples

*(from the said

..................................................................

whose parentage is so questioned)

*(from

.................................................

of

.......................................................................

alleged to be a parent of the said

..........................................................................

whose parentage

is so questioned) * (from

.............................................................................................................

of

....................................................................................................................

party to the proceedings).

Dated this

day of

19

.

Signed ..............................................................

*Applicant/*Solicitor for Applicant.

To

of

To

of

To

of

* Delete words inapplicable

No. 61.2

O.61,r.2 (3)

STATUS OF CHILDREN ACT, 1987

Section 38 (1)

DIRECTION FOR THE USE OF BLOOD TESTS

District Court Area of

District No.

Between

..................................................................................................................................

of

..............................................................................................................................................

and

...........................................................................................................................................................

of

...............................................................................................................................................

WHEREAS civil proceedings entitled as above are before this Court, and in those

proceedings the parentage of one

....................................

of

...............................................

aged

................................................................................................................

is in question,

*(AND UPON HEARING an application by the above-named

...................................................

party to the proceedings, brought by notice duly served before the Court for a direction under section 38 (1) of the above Act, )

THE COURT HEREBY DIRECTS the use of blood tests for the purpose of assisting

the Court to determine whether

...................................................................................................

of

.......................................................................................................................................................

*(a person named in the application) *(a party to the proceedings) is or is not a parent

of the said

.................................................................................................................................,

AND DIRECTS that

................................................

of

....................................................

a sampler, do take, on or before the day of 19 , blood samples from the following persons:-

*(from the said

..........................................................

of

............................................................

whose parentage is so questioned)

*(from

...........................................................

of

.......................................................................

alleged to be a parent of the said

............................................................................................... )

*(from

...........................................................

of

.......................................................................

a party to the proceedings)

AND REQUIRES each person named in this direction to attend before the said

sampler at

..................................................................................................................................

on or before the day of 19 for the purpose of the taking of those samples,

AND FURTHER DIRECTS that tests be carried out on the said blood samples under

the control of

........................................................

of

.............................................................

a tester, and that the said tester shall report to the Court thereon in accordance with the provisions of section 40 (2) of the Act.

Dated this

day of

19

.

Signed ............................................................

Judge of the District Court.

* Delete words inapplicable

No. 61.3

O.61,r.3

STATUS OF CHILDREN ACT, 1987

Section 38 (3)

ORDER *REVOKING/*VARYING A DIRECTION FOR THE USE OF BLOOD TESTS

District Court Area of

District No.

Between

..................................................................................................................................

of

..............................................................................................................................................

and

..........................................................................................................................................................

of

............................................................................................................................................

WHEREAS at a sitting of the District Court in court area and district aforesaid held

at

....................................................

on the

day of

19

a direction

under section 38 (1) of the above Act was given for the use of blood tests for the purpose

of assisting the Court to determine whether one

............................................................................

of

............................................

is or is not a parent of one

............................................

of

......................................

and for the taking by of

............................................................

within the period of from the date of the direction of blood samples

from

.................................................................................

of

...............................................................

and from

............................................................

of

....................................................................

and from

.........................................................................................................................................

of

...............................................................................

and requiring the said persons to attend before the

said

.................................................................................

within that period for the purpose of the taking of

those samples,

AND WHEREAS THE COURT IS SATISFIED that the direction should now be *revoked/*varied,

IT IS HEREBY ORDERED *(that the said direction be REVOKED). *(that the said direction be VARIED AS FOLLOWS:-

).

Dated this

day of

19

.

Signed .............................................................

Judge of the District Court.

* Delete words inapplicable

No. 61.4

O.61,r.4 (1)

STATUS OF CHILDREN ACT, 1987

Section 40 (5)

NOTICE OF INTENTION TO CALL WITNESS

District Court Area of

District No.

Between

......................................................................................................................................

of

..................................................................................................................................................

and

..............................................................................................................................................................

of

..................................................................................................................................................

WHEREAS at a sitting of the District Court for court area and district aforesaid held

at

............................

on the

day of

19

a direction under section

38 (1) of the above Act for the use of blood tests in the above proceedings was given,

AND WHEREAS the blood samples to which the direction relates have been tested by virtue of section 40 of the said Act,

AND WHEREAS the above-named

...........................................,

party to the proceedings, has

within the last 14 days received a copy of the report made to the Court under section 40 (2) of the said Act,

TAKE NOTICE that the said

.............................................,

party to the proceedings, intends

to call as a witness at the next hearing of the above proceedings to be held in the District

Court at

.........................

on the

day of

19

at

a.m./p.m.

one

.........................................................................

of

.................................................................

*(the person under whose control the blood samples were tested) *(a person by whom anything necessary for the purpose of enabling those tests to be carried out was done).

Dated this

day of

19

.

Signed ..............................................................

Party to the proceedings

(or)

Solicitor for Party to the

proceedings.

To

of

* Delete words inapplicable

No. 62.1

O.62, rr.5 (3)

5 (4),15

EIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September, 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

NOTICE OF INSTITUTION OF PROCEEDINGS

Between

.........................................................................................................................................................

of

...............................................................................................................................................

Plaintiff

and

.........................................................................................................................................................

of

.............................................................................................................................................

Defendant

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you, the above-named defendant, domiciled at................................., by the above-named Plaintiff, *(ordinarily resident) *(carrying on a profession/business/occupation) at.......................................*(in the district court area aforesaid), claiming as follows:- +

The proceedings have been listed for hearing at the sitting of the District Court to be held

held at

.........................

on the

day of

19

at

a.m./p.m.

IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (or your Solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his or her office not later than four days before the above-mentioned date of hearing and post the other Notice to the plaintiff or the solicitor for the plaintiff.

IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU.

Dated this

day of

19

.

Signed .............................................................

District Court Clerk for the above-named

district court area, District

Court Office, at .............................................

........................................................................

IRELAND

To

of

the above-named defendant.

These proceedings have been issued

*(by the Plaintiff)

*(by

..........................

Solicitors

of

......................................................... ,

Solicitors for the Plaintiff)

......................................................................

detach here

.................................................................

NOTICE OF INTENTION TO APPEAR

TAKE NOTICE THAT

....................................................................................................

domiciled

(the Defendant)

at

.........................................................................................................................................................

INTENDS TO APPEAR (or) TO BE REPRESENTED at the hearing of the proceedings

brought against him/her by

........................................................................................................

(the Plaintiff)

of

......................................................................

and which are listed for hearing at the sitting

of the District Court to be held at ................................on the day of 19 at a.m./p.m.

*(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS)

*(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION, FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS).

Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to .........................at ............................).

Dated this

day of

19

.

Signed .............................................................

*Defendant

*Solicitor for Defendant,

of ........................................

..........................................

To District Court Clerk,

District Court Office,

at

.................................................

.........................................................................

IRELAND.

*Delete if not required

....................................................................

detach here

.................................................................

NOTICE OF INTENTION TO APPEAR

TAKE NOTICE THAT

..................................................................................................

domiciled

(the Defendant)

at

....................................................................................................................................................

INTENDS TO APPEAR (or) TO BE REPRESENTED at the hearing of the proceedings

brought against him/her by

.......................................................................................................

(the Plaintiff)

of

......................................................................

and which are listed for hearing at the sitting

of the District Court to be held at ................................on the day of 19 at a.m./p.m.

*(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS)

*(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION, FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS).

Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to .........................at ............................).

Dated this

day of

19

.

Signed ..............................................................

*Defendant

*Solicitor for Defendant,

of ........................................

..........................................

To

of

*Plaintiff/*Solicitor for Plaintiff.

* Delete words inapplicable

+ State claim as in civil summons or other originating document

* Delete if not required

No. 62.2

O.62,r.4 (4)

4 (6)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September, 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Document in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

CERTIFICATE AS TO COURT'S JURISDICTION

Between

.................................................................................................................................................................

of

......................................................................................................................................................

Plaintiff

and

...............................................................................................................................................................

of

....................................................................................................................................................

Defendant

I,.............................................., *(the Plaintiff) *(solicitor for Plaintiff) do hereby certify

1. that the claim(s) made in the document instituting the above-named proceedings which was lodged with this certificate *is *are claim(s) which, under the - * Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ,

* Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ,

the Court has power to hear and determine by virtue of the provisions of Article(s) + of *(the 1968 Convention) *(the Lugano Convention) above-named.

2. that the claims(s) being brought by the Plaintiff is/are claim(s) which the Court has jurisdiction to hear and determine by reason of the fact(s) that

** (for examples of clauses which might be inserted here see overleaf)

3. that no proceedings involving the same cause of action are pending between the parties in another Contracting State.

Dated this

day of

19

.

Signed .............................................................

Plaintiff/Solicitor for Plaintiff

**EXAMPLES OF CLAUSES WHICH MIGHT BE USED, AS APPROPRIATE, IN RECITAL No. 2 ON FORM 62.2 SCHEDULE C.

— the defendant is domiciled *(in the District Court Area above-named within the jurisdiction of the Honourable Court) *(in the Contracting State of .................).

— the claim against the defendant arises out of a contract and the place for performance of the obligations under the contract is within the jurisdiction of the Honourable Court and therefore, by virtue of Article 5.1 of *(the 1968 Convention) *(the Lugano Convention) above-named. The Court has jurisdiction.

— the claim against the defendant is a claim in tort and the harmful event giving rise to the cause of action occurred within the jurisdiction of the Honourable Court.

— the claim against the defendant relates to and/or arises out of the operation of a branch, agency or other establishment of the defendant which said branch, agency or establishment is situated within the jurisdiction of the Honourable Court.

— the claim against the defendant is a claim in which the plaintiff is a policy holder under a policy of insurance and it is therefore a claim to which Article 8.2 of *(the 1968 Convention) *(the Lugano Convention) above-named applies. The Plaintiff is ordinarily resident/carries on a profession business or occupation in the District Court Area above-named within the jurisdiction of the Honourable Court.

— the claim against the defendant is being brought by the plaintiff in his/her capacity as a consumer in relation to a consumer contract to which Article 14 of *(the 1968 Convention) *(the Lugano Convention) above-named applies. The plaintiff is ordinarily resident/carries on a profession, business or occupation in the District Court Area above-named within the jurisdiction of the Honourable Court

— the claim against the defendant is a claim to which Article 16 (relating to exclusive jurisdiction) of *(the 1968 Convention) *(the Lugano Convention) above-named applies and the Honourable Court has exclusive jurisdiction to hear and determine the claim because

(give details as in relevant provisions of Article 16)

— the claim against the defendant arises out of a contract/agreement made between the plaintiff and the defendant which provided, inter alia, that the Honourable Court was to have jurisdiction in relation to matters arising thereout and, by virtue of Article 17 of *(the 1968 Convention) *(the Lugano Convention) above-named. The Honourable Court is entitled to assume jurisdiction.

* Delete words inapplicable

† State Articles on which jurisdiction is being founded

* Delete if inapplicable

No. 62.3

O.62,r.9 (1) (b)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September, 1988;

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

Section 12 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 *(as applied by section 11 of the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ).

CERTIFICATE BY DISTRICT COURT CLERK

Between

...............................................................................................................................................................

of

....................................................................................................................................................

Plaintiff

and

.............................................................................................................................................................

of

...................................................................................................................................................

Defendant

I,........................................................ ., the District Court Clerk for the above-named district court area, do hereby certify as follows:—

1. that the above-named proceedings were in respect of a claim by the plaintiff against the defendant brought before this Court on the day of 19 by *(civil) summons issued on the day of 19 claiming as follows:— †

2. that *(the document instituting the proceedings) *(notice of the institution of the proceedings) was served upon the defendant on the day of 19 in the following manner—

3. that the defendant *(appeared) *(did not appear) at the hearing of the proceedings.

4. that the defendant *(was represented) *(was not represented) at the hearing of the proceedings.

5. that the Court assumed jurisdiction in the proceedings pursuant to the provisions of Article(s) of *(the 1968 Convention) *(the Lugano Convention) above-named, on the grounds that—

6. that the Court gave judgment against the *(defendant) *(plaintiff) as follows:—

*7. that the said judgment carries interest at the rate of ............ percent per annum on the judgment debt only (exclusive of costs and expenses) that is to say, on the sum of IR£ from the day of 19 until it is paid,

8. that *(notice of appeal against) *(notice to set aside) the judgment *(has been entered) *(has not been entered),

9. that the time for lodging an appeal against the judgment *(expired) *(will expire) on the day of 19 ,

10. that enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

Dated this

day of

19

.

Signed ..............................................................

District Court Clerk for the above-named

district court area, District

Court Office,

at.............................................

...............................................

IRELAND

* Delete where inapplicable

† State nature of proceedings as in summons

No. 62.4

O.62, r.10 (2)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968 (Article 47.1)

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September, 1988 (Article 47.1)

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

CERTIFICATE THAT JUDGMENT IS ENFORCEABLE IN THE STATE AN HAS BEEN SERVED

Between

...............................................................................................................................................................

of

....................................................................................................................................................

Plaintiff

and

............................................................................................................................................................

of

..................................................................................................................................................

Defendant

I,........................................................., the District Court Clerk for the above-named district court area, do hereby certify as follows:

1. that the judgment given in the above-named proceedings at the sitting of the District Court held at...............................................on the day of 19 is enforceable in this State, and

2. that on the day of 19 a copy of the said judgment was served by registered/insured post upon the defendant at the following address—

..............................................................................................................................................................

..............................................................................................................................................................

Dated this

day of

19

.

Signed .............................................................

District Court Clerk for the above-named

district court area, District

Court Office,

at.............................................

...............................................

IRELAND

No. 62.5

O.62, r.12 (2)

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September, 1988;

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

Section 7 (7) (a) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 *(as applied by section 11 of the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ).

NOTICE CONCERNING SUMS PAYABLE UNDER AN ENFORCEABLE

MAINTENANCE ORDER

Between

............................................................................................................................................................

of

....................................................................................................................................................

Maintenance Creditor

and

.............................................................................................................................................

of

...................................................................................................................................................

Maintenance Debtor

YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below, payable by you, the above-named maintenance debtor, under a maintenance order *(made) *(as varied) on the day of 19 by †

and in respect of which an enforcement order has been made by the Master of the High Court, Dublin on the day of 19 , are by virtue of section 7 (7) (a) of the above-named Act of 1988 *(as applied by section 11 of the above-named Act of 1993), payable to the district court clerk for the above-named district court area for transmission to the maintenance creditor.

Sums payable under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency to

The District Court Clerk,

District Court Office,

at.........................................

Whose office hours are from to Monday to Friday each week.

Dated this

day of

19

,

Signed ..............................................................

District Court Clerk for the above-

named district court area, District

Court Office,

at................................................................................................................................................

IRELAND

PARTICULARS OF SUMS DUE

(Set out the details)

Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses ... IR£ ,

In addition to this last-named sum you are obliged to pay IR£ per week in accordance with the terms of the order and the provisions of section 9 of the above-named Act of 1988 *as so applied

To

of

The maintenance debtor

NOTE

Under section 7 (9) of the above-named Act of 1988 *as so applied you are required to notify the above-named district court clerk of any change in your address. Failure, without reasonable cause, to do so is an offence punishable on summary conviction by a fine not exceeding £500.

* Delete words inapplicable

† State Court which made order

No. 62.6

O.62,r.13(1) (b)

In the matter of Section 7 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 *as applied by section 11 of the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 )

CERTIFICATE OF ARREARS

District Court Area of

District No.

..................................................................................................................................

Maintenance Creditor

..................................................................................................................................

Maintenance Debtor

I HEREBY CERTIFY that the sums payable to the District Court Clerk for the above-named district court area by the above-named maintenance debtor, now residing

at

.....................................................................................................................................................

.....................................................................................,

for transmission to the above-named maintenance

creditor, domiciled at

...................................................................................,

under a maintenance order

*(made) *(as varied) on the day of 19 by †

and in respect of which an enforcement order was made by the Master of the High Court on the day of 19 ,

*(have not been paid in full, and that there is, according to the best of my information and belief, in arrears the sum of IR£ , being the amount of weekly payments which have become due and payable up to and including the day of 19 (together with the sum of IR£ for costs and expenses, making in all the total sum of IR£ )].

*[have been paid in full up to and including the day of 19 and that there are no such sums in arrears at the date of this certificate].

Dated this

day of

19

,

Signed ..............................................................

District Court Clerk for the above-

named district court area, District

Court Office,

at................................................................................................................................................

IRELAND

† State Court which made order

* Delete whichever is inapplicable

No. 62.7

O.62,r.15

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of *(Article 2) *(Article 5.2) of

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968;

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September, 1988;

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

and in the matter of

Section 7 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 *(as applied by section 11 of the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ).

SUMMONS TO *VARY *REVOKE A MAINTENANCE ORDER

Between..................................................................................................................................................

of

...............................................................................................................................

Maintenance Creditor

and

......................................................................................................................................................

of

.............................................................................................................................

Maintenance Debtor

YOU ARE HEREBY REQUIRED TO APPEAR at the sitting of the District Court to be held at............................. on the day of 19 at a.m./p.m. upon the hearing of an application by the above-named *(maintenance

creditor) *(maintenance debtor) residing at

..................................................................................

*(in the court area and district aforesaid) to have the maintenance order which was made on the day of 19 by † ,

whereby the above-named maintenance debtor was ordered to pay ††

*(being an order in respect of which an enforcement order was made on the day of 19 by the Master of the High Court at Dublin),

*VARIED *REVOKED on the following grounds—

IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (or your solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his or her office not later than four days before the above-named date of hearing, and post the other notice to the other party in the proceedings or to that party's solicitor, as the case may be.

IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU.

Dated this

day of

19

,

Signed ..............................................................

District Court Clerk for the above-

named district court area, District

Court Office,

at....................................................................................

........................................................................................

IRELAND

To

of

*(in the court area and district aforesaid)

*(maintenance creditor)

*(maintenance debtor)

Add two Notices of Intention to Appear as in Form 62.1.]

* Delete words inapplicable

† State Court which made order

†† Give details of the order

No. 62.8

O.62,r.15

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of *(Article 2) *(Article 5.2) of

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968;

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September, 1988;

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

and in the matter of

Section 7 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 *(as applied by section 11 of the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ).

ORDER *VARYING *REVOKING A MAINTENANCE ORDER

Between.............................................................................................................................................

............................................................................................................................................................

of

...............................................................................................................................

Maintenance Creditor

and

................................................................................................................................................................

of

...............................................................................................................................

Maintenance Debtor

WHEREAS by maintenance order dated the day of 19 made by

*(in respect of which an enforcement order

was made on the day of 19 by the Master of the High Court at

Dublin) the above-named maintenance debtor, now residing at

.......................................................

*(in court area and district aforesaid) was ordered to pay to the above-named maintenance creditor, now residing at................................*(in court area and district aforesaid) the sum of ††

AND WHEREAS an application was made by summons to this Court to-day by the *(maintenance creditor) *(maintenance debtor) for an order *varying *revoking the said maintenance order,

AND HAVING HEARD the evidence tendered by or on behalf of the *(maintenance creditor) *(and) *(maintenance debtor),

AND BEING SATISFIED

(1) that the *(summons) *(notice of the institution of these proceedings) was duly served upon the *(maintenance creditor) *(maintenance debtor) residing at..................... on the day of 19 ,

(2) that the *summons *notice was served in sufficient time to enable the party served to arrange for a defence,

(3) that the *summons *notice included a statement of the substance of the said application,

THE COURT HEREBY ORDERS THAT THE SAID MAINTENANCE ORDER

*BE REVOKED

*BE VARIED AS FOLLOWS—

Dated this

day of

19

,

Signed ...........................................................

Judge of the District Court

* Delete words inapplicable

† State Court which made order

†† Give details of the order

No. 62.9

O.62, r.19 (2)

MAINTENANCE ACT, 1994

Section 14 (1) (b)

NOTICE OF APPLICATION FOR THE ENFORCEMENT OF A MAINTENANCE ORDER

District Court Area of

District No.

.....................................................................................................................................................

Applicant

(the Central Authority)

....................................................................................................................................................

Respondent

of

.............................................................................................................................................

(in the said District Court District)

WHEREAS the Central Authority above-named has received a request from

............................

.............................................................................

a central authority of a designated jurisdiction,

on behalf of

.........................................

of

................................................

a claimant,

for the recovery of maintenance from you, the respondent above-named, residing in the State.

AND WHEREAS the request was accompanied by an order made by the

................................

court at

.....................................................................

and the Central Authority is of opinion that the

order may be enforceable in the State,

TAKE NOTICE that the Central Authority will apply, under section I4 (1) (b) of the

above-named Act, at the sitting of the District Court to be held at

..................................................

on the day of 19 at a.m./p.m. for the enforcement of the order.

Dated this

day of

19

,

Signed ..........................................................

(for) Applicant

To:

of:

(the respondent above-named).

NOTE

This notice shall be accompanied by a copy of the documents mentioned in section 14 (b) of the above-named Act.

No. 62.10

O.62, r.19(4)

MAINTENANCE ACT, 1994

Section 14 (2)

ORDER FOR THE ENFORCEMENT OF A MAINTENANCE ORDER

District Court Area of

District No.

....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

of

.............................................................................................................................................

* (in the said District Court District)

* (having been transferred from District No. )

UPON APPLICATION made to this Court on this date by the Central Authority named under section 14 (1) (b) of the above-named Act for the enforcement of an order

made by the

............................

court at

..............................

the Central Authority having

received such order from

......................................

a central authority for a designated jurisdiction,

accompanied by a request, on behalf of

............................

of

....................................

a claimant,

for the recovery of maintenance from the above-named respondent for the time being residing in the State, and the Central Authority, being of opinion that the order may be enforceable in the State,

THE COURT being satisfied that notice of the application (together with a copy of the documents mentioned in section 14 (6) of the said Act) was duly served upon the respondent, and considering that the order of the said court in a designated jurisdiction, for the recovery of maintenance is enforceable in the State.

HEREBY MAKE this order for the enforcement of that order.

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

* Delete if inapplicable

No. 62.11

O.62, r.20 (2)

MAINTENANCE ACT, 1994

Section 14 (1) (c) (ii)

NOTICE OF APPLICATION FOR THE RECOVERY OF MAINTENANCE

District Court Area of

District No.

......................................................................................................................................................

Applicant

(the Central Authority)

.....................................................................................................................................................

Respondent

of

.............................................................................................................................................

(in the said District Court District)

WHEREAS the Central Authority above-named has received a request from

............................

...............................................................................................

a central authority of a designated jurisdiction,

on behalf of

......................................................................

a claimant, for the recovery of maintenance

from you, the above-named respondent, residing in the State,

AND WHEREAS

*(the request was not accompanied by an order of a court mentioned in section 14 (1) of the above-named Act,)

*(enforcement of an order of a court mentioned in section 14 (1) of the above-named Act, which accompanied the request, has been refused).

AND WHEREAS the amount of maintenance sought to be recovered does not exceed the maximum amount which the District Court has jurisdiction to award under the Act of 1976.

TAKE NOTICE that the Central Authority will make an application under section 14 (1) (c) (ii) of the said Act to the District Court at a sitting of the Court to be held

at

on the

day of

19 at a.m./p.m.

for the recovery of maintenance in accordance with the request.

Dated this

day of

19

,

Signed ..........................................................

(for Applicant)

To:

of:

(the above-named Respondent)

NOTE

This notice shall be accompanied by a copy of the documents mentioned in section 14 (6) of the above-mentioned Act.

* Delete if inapplicable

No. 62.12

O.62, r.21

ÉIRE

IRELAND

MAINTENANCE ACT, 1994

Section 14 (4)

District Court Area of

District No.

In the matter of proceedings for the recovery of maintenance pursuant to section

14 (1) (c) (ii) of the above-named Act at hearing before this Court and brought by

...........................

...............................................................................................

the Central Authority on behalf of

..............................................................................................................................................

Claimant

of

..................................................................................................................................................

seeking the recovery of maintenance from

.......................................................................................................................................................

Respondent

of

......................................................................................................................................................

IRELAND

DEPOSITION OF RESPONDENT

The deposition of

...............................................

of

.........................................................

the respondent in the above-named proceedings, who says upon oath as follows:—

Dated this

day of

19

,

Signed .............................................................

Deponent

Sworn before me at a sitting of the District Court held at

...................................................................

on this

day of

19

,

Signed ..............................................................

Judge of the District Court

No. 62.13

O.62, r.22

MAINTENANCE ACT, 1994

section 14 (7)

ORDER TRANSFERRING PROCEEDINGS TO ANOTHER DISTRICT

District Court Area of

District No.

.........................................................................................................................................................

Applicant

(the Central Authority)

on behalf of

...........................................................................................................................

Claimant

of

......................................................................................................................................................

-V-

...................................................................................................................................................

Respondent

of

....................................................................................................................................................

(in the above Court District)

WHEREAS proceedings pursuant to section 14 (1) (c) of the above-named Act have been brought before this Court on this date by the Central Authority on behalf of the above-named claimant for the recovery of maintenance from the above-named respondent.

AND WHEREAS it is necessary to take the evidence of *(the claimant) *(a witness) through a live television link and facilities for doing so are not available in this District Court District,

THE COURT HEREBY ORDERS pursuant to section 14 (7) of the Act that the proceedings be transferred to District Court District No. where those facilities are available.

Dated this

day of

19

,

Signed ..........................................................

Judge of the District Court

* Delete if inapplicable

No. 62.14

O.62, r.23

ÉIRE

IRELAND

MAINTENANCE ACT, 1994

Section 15 (1) and (2)

District Court Area of

District No.

In the matter of an application by

........................................................................................................................................................

Claimant

of

....................................................................................................................................................

IRELAND

To the Central Authority in the State to recover maintenance from

...........................................................................................................................

Respondent

of

.............................................................................................................................................

(in a designated jurisdiction)

DEPOSITION OF CLAIMANT

The deposition of

........................................................

the above-named claimant, who says

upon oath as follows:

Signed ........................................................

Deponent

Sworn before me at a sitting of the District Court held at

...................................................................

on this

day of

19

,

Signed ..............................................................

Judge of the District Court

No. 62.15

O.62, r.23

CERTIFICATE

The Court is satisfied that, and hereby certifies that the claimant's deposition sets forth facts from which it may be determined that the respondent concerned owes a duty to maintain the said claimant.

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

No. 62.16

O.62, r.24

ÉIRE

IRELAND

MAINTENANCE ACT, 1994

Section 15 (3) (b)

District Court Area of

District No.

In the matter of an Order *(for the recovery of maintenance) *(varying an order for the recovery of maintenance) made by this Court on the application of the

claimant

................................................................

of

..........................................................

Ireland,

seeking to recover maintenance from the respondent

..........................................................

residing

at

.................................................................

in a designated jurisdiction.

CERTIFICATE

I,

..................................................................

of

.................................................

District Court Clerk

for the above-named District Court Area, do hereby certify in accordance with section 15 (3) (b) of the above-named Act as follows:—

1. that the time for lodging an appeal against the order in the above matter *will expire *has expired on the day of 19 .

2. that notice of appeal *has *has not been entered.

3.* that arrears to the amount of £ remain unpaid under the order.

4.* (that respondent appeared at the hearing of these proceedings)

5.* (that respondent did not appear at the hearing of these proceedings, and attached hereto is a certified copy of the document establishing that notice of the institution of proceedings was served on the respondent.

Dated this

day of

19

,

Signed ..........................................................

District Court Clerk.

* Delete if not applicable

No. 62.17

O.62, r.25 (1)

ÉIRE

IRELAND

MAINTENANCE ACT, 1994

Section 19 (3)

District Court Area of

District No.

In the matter of proceeding for the recovery of maintenance and entitled

.............................................................................

v

........................................................

in a court

in a designated jurisdiction and a request from that court to obtain the evidence of a person residing in the State for the purposes of those proceedings.

NOTICE OF TIME AND PLACE AT WHICH EVIDENCE IS TO BE TAKEN

WHEREAS the Judge of the District Court assigned to the above-named district has received a request from the Master of the High Court under section 19 (2) of the

above-named Act to take the evidence of

.................................................................

a person residing

in the State at

........................................................................................

for the purposes of proceedings

at

.................................................................................

in a designated jurisdiction for the recovery of

maintenance, a request to obtain such evidence having been made to the Central Authority

by/on behalf of a court in a designated jurisdiction, namely, the

.....................................................

Court in

.....................................................................................................................................

TAKE NOTICE that the said Judge will take evidence of the person concerned, namely, ................................. on the day of 19 , at a.m./p.m.

at the following place,

........................................................................

when and where that person is

hereby required to attend for the purpose of giving such evidence.

Dated this

day of

19

,

Signed ..........................................................

District Court Clerk.

To:

.............................................................................

of:

..................................................................................

(the person concerned)

To:

..........................................................................

(the Central Authority)

To:

The Master of the High Court

No. 62.18

O.62,r.25 (2)

ÉIRE

IRELAND

MAINTENANCE ACT, 1994

Section 19 (4)

District Court Area of

District No.

In the matter of proceedings for the recovery of maintenance and entitled

.............................................................................

-v

.......................................................

in a court

in a designated jurisdiction namely the

...................................

court in

...............................

and

a request from that court to obtain the evidence of a person residing in the State, for the purposes of those proceedings.

DEPOSITION UNDER RULE 25 (2)

The deposition of

................................................................................................

a person residing in the

State at

...............................................................................................

, who says upon oath as follows:-

Dated this

day of

19

.

Signed ..........................................................

Deponent

Sworn before me at

.............................................

on this

day of

19

.

Signed ..........................................................

Judge of the District Court

No. 62.19

O.62,r.29 (1)

MAINTENANCE ACT, 1994

Section 20 (2)

NOTICE OF APPLICATION FOR AN ORDER TO PROVIDE INFORMATION

District Court Area of

District No.

..................................................................................................................................

Applicant

(The Central Authority)

The *person *body to whom the order sought is to be directed

....................................................................................................................................

...................................................................................................................................

(in said .District Court Districts)

WHEREAS the above named Central Authority considers that you the above-named *person *body (not being a *person *body mentioned in section 20 (1) of the above-named Act) are likely to have information as to the */whereabouts/*place of

work/*location and extent of the assets of

...................................................................................

of

....................................................................

a *maintenance debtor *respondent, and that it

requires that information for the purposes of obtaining any information that is necessary or expedient for the performance of its function,

TAKE NOTICE that the Central Authority will make an application under section 20 (2) of the said Act at the sitting of the District Court to be held at ............................................... on the day of 19 at a.m./p.m. for an order that you provide to the Authority such information within such period as may be specified in the order.

Dated this

day of

19

,

Signed .......................................................................

(for) Applicant

To

of

(the above-named *person* body).

* Delete words inapplicable

No. 62.20

O.62,r.29 (2)

MAINTENANCE ACT, 1994

Section 20 (2)

ORDER TO PROVIDE INFORMATION

District Court Area of

District No.

...................................................................................................................................

Applicant

(The Central Authority)

The *person *body to whom the order sought is to be directed

...................................................................................................................................

...................................................................................................................................

(in said .District Court Districts)

UPON HEARING an application made to this Court on this date by the Central Authority above-named for an order under section 20 (2) of the above-named Act requiring the *person* body above-named to provide certain information to that authority,

THE COURT being satisfied that notice of the application was duly served upon that *person* body, being of opinion that the said *person* body (not being a *person body mentioned in section 20 (1) of the said Act) is likely to have information as to the matters referred to in the said section 20 (1) and that the Central Authority requires the information for the purposes of obtaining any information that is necessary or, expedient for the performance of its functions,

HEREBY ORDERS pursuant to section 20 (2) of the said Act that

..........................................

(the *person* body above-named) do provide to the Central Authority, within the period of

of

...............................................

from the date of this order, any information in his/her possession

or procurement as to the *whereabouts/*place of work/ *location and extent of assets/

of

................................................

a maintenance debtor *respondent.

Dated this

day of

19

,

Signed ..........................................................

Judge of the District Court

* Delete words inapplicable

No. 62.21

O.62,r.25 (4)

ÉIRE

IRELAND

MAINTENANCE ACT, 1994

Section 19 (5)

District Court Area of

District No.

In the matter of proceedings for the recovery of maintenance and entitled

............................................................................

v

.......................................................

in a court

in a designated jurisdiction and a request from that court to obtain the evidence of a person residing in the State for the purposes of those proceedings.

WHEREAS the Judge of the District Court assigned to the above-named district has received a request from the Master of the High Court under section 19 (2) of the above-named

Act to take the evidence of

..................................................................................................

a person

residing in the State at

.......................................................................

for the purposes of proceedings

at

................................................................................

in a designated jurisdiction for the recovery of

maintenance, a request to obtain such evidence having been made to the Central Authority by/on behalf of a court in a designated jurisdiction, namely, the

.............................................

Court in

....................................;

AND WHEREAS it has not been possible to take the evidence requested within a period of four months of the receipt of the request by the Central Authority;

IT IS HEREBY CERTIFIED that the reasons for the non-execution of the request or for the delay in executing it are as follows;—

Dated this

day of

19

,

Signed ..........................................................

Judge of the District Court

No. 63.1

O.63,r.2 (6)

AUCTIONEERS AND HOUSE AGENTS ACT, 1947

PART III

CERTIFICATE OF QUALIFICATION

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

...........................................................................................................................................................

this certificate of qualification to hold an *(Auctioneer's) *(a House Agent's) licence to

carry on business under the name

................................................................................................

...................................................................................................................................................................

with principal place of business in the State at:

...........................................................................

....................................................................................................................................................................

Dated this

day of

19

,

Signed ...........................................................

Judge of the District Court

NOTE

This certificate must be presented to the Revenue Commissioners not more than twenty-eight days from the above-mentioned date.

* Delete where inapplicable

No. 63.2

O.63,r.3

AUCTIONEERS AND HOUSE AGENTS ACT, 1947

PART III

NOTICE OF OBJECTION TO THE GRANT OF A CERTIFICATE OF QUALIFICATION

District Court Area of

District No.

..............................................................................................................................................

Applicant

TAKE NOTICE that

...........................................

of

.........................................................

intends at the sitting of the Court at

.....................................................................................................

on

the day of 19 at .m. to object to the grant of a Certificate of Qualification for *(an Auctioneer's) *(a House Agent's) Licence to the above-named applicant on the grounds:—

(here set out grounds)

Dated this

day of

19

.

Signed ..........................................................

Plaintiff or Solicitor for Plaintiff

To the above-named Applicant,

of

To the Clerk of the District Court,

at

* Delete where inapplicable

No. 65.1

O.65,r.2 (2)

FISHERIES (CONSOLIDATION) ACT, 1959

Section 158

NOTICE OF APPLICATION FOR A CERTIFICATE OF FITNESS

District Court Area of

District No.

.............................................................................................................................................

Applicant

of

.....................................................................................................................................................

TAKE NOTICE that I, the above-named Applicant, being a person who *(carries on) *(proposes to carry on) the business of *(selling) *(exporting for sale) *salmon and

trout/*eels/*molluscan shellfish at

....................................................................

in the court area and

district aforesaid, intend to apply to the Judge of the District Court sitting at

District Court on the

day of

19

at a.m./p.m. for a certificate of fitness to hold a Part X licence pursuant to the provisions of the said Act.

Dated this

day of

19

.

Signed ..........................................................

Applicant.

To:

The

........................................

Regional Fisheries Board,

at

..........................................................................................................................

and to

The District Court Clerk,

District Court Office,

at

...........................................................................................................................

* Delete words inapplicable

No. 65.2

O.65,r.2 (5)

FISHERIES (CONSOLIDATION) ACT, 1959

Section 158

CERTIFICATE OF FITNESS TO HOLD A *SALMON DEALER'S LICENCE *EEL DEALER'S LICENCE *MOLLUSCAN SHELLFISH DEALER'S LICENCE

District Court Area of

District No.

...............................................................................................................................................

Applicant

of

.....................................................................................................................................................

I HEREBY CERTIFY that I am satisfied that the above-named applicant who

*(carries on) *(proposes to carry on) business at

..........................................................................

in the court area and district aforesaid, is a fit and proper person to hold a *(salmon dealer's licence) *(eel dealer's licence) *(molluscan shellfish dealer's licence) within the meaning of Part X of the Act as amended by the Fisheries (Amendment) Act, 1962 and the Fisheries Act, 1980 .

Dated this

day of

19

,

Signed ...........................................................

Judge of the District Court.

* Delete words inapplicable

No. 65.3

O.65,r.3 (2)

FISHERIES (CONSOLIDATION) ACT, 1959 (as amended)

NOTICE OF APPLICATION FOR AN ORDER AUTHORISING THE CONTINUED DETENTION OF A BOAT AND PERSONS UNDER SECTION 233A AS AMENDED (for 48 hours)

District Court Area of

District No.

..............................................................................................................................................

Applicant

of

....................................................................................................................................................

WHEREAS I, the above-named applicant, being a †

.............................................................,

and a sea fisheries protection officer within the meaning of section 220 of the above-mentioned Act, have on the day of 19 in the exercise of the powers conferred on me by section *[233 (1) (g) (i)] *(233 (1) (g) (ii)] of that Act, as amended by section 11 of the Fisheries (Amendment) Act, 1978 and as amended by section 11 of the Fisheries (Amendment) Act, 1994 detained a *(foreign) sea-fishing

boat named

......................................................................................

and the persons on board that boat

at the Port of

....................................................

in the County of

................................................

in said court district,

AND WHEREAS

....................................................

of

....................................................

is the master of the said boat,

TAKE NOTICE that I will apply at the sitting of the District Court to be held

at

on the

day of

19

at

a.m./p.m.

for an order pursuant to section 233A of the said Act of 1959 (as inserted by section 12 of the said Act of 1978 and as amended by section 11 of the said Act of 1994) authorising the continued detention of the said boat and the persons on board that boat at the said Port for a period of 48 hours.

Dated this

day of

19

,

Signed ..........................................................

Applicant

a sea fisheries protection officer.

To the

District Court Clerk,

District Court Office,

...................................................................

To

of

To

of

† State occupation as set out in section 220

* Delete where inapplicable

No. 65.4

O.65,r.3 (3)

FISHERIES (CONSOLIDATION) ACT, 1959

(as amended)

ORDER FOR DETENTION UNDER SECTION 233A OF THE ACT

(as amended by section 12 of the Fisheries (Amendment) Act, 1978 and as amended by

section 11 of the Fisheries (Amendment) Act, 1994 for 48 hours)

District Court Area of

District No.

...............................................................................................................................................

Applicant

of

.................................................................................................................................................

WHEREAS the above-named applicant, being a †

..............................................................,

and a sea fisheries protection officer within the meaning of section 220 of the above-mentioned Act of 1959, has on the day of 19 , in the exercise of the powers conferred on him/her by section *[233 (1) (g) (i)) *[233 (1) (g) (ii)] of that Act, as amended by section 11 of the Fisheries (Amendment) Act, 1978 , and as amended by section 11 of the Fisheries (Amendment) Act, 1994 , detained a *(foreign) sea-fishing

boat named

.....................................................................

and the persons on board that boat at the

Port of

.............................................................

in the County of

................................................

*(in said district,)

AND WHEREAS

....................................................

of

.....................................................

is the master of the said boat,

AND WHEREAS upon application by the said applicant made on this day to me,

*(a Judge of the District Court assigned to said district,)

*(a Peace Commissioner for the said county, there being no Judge of the District Court immediately available,)

for an order pursuant to section 233A of the said Act of 1959 (inserted by section 12 of the said Act of 1978 and as amended by section 11 of the said Act of 1994 authorising the continued detention of the said boat and those persons, I AM SATISFIED that a contravention of a provision of *(Chapter II) *(Chapter III) of Part XIII of the said Act of 1959, namely,

(here set out offence alleged and section contravened)

by a person on board the boat is suspected by the said applicant,

NOW, I HEREBY GRANT THIS ORDER pursuant to section 233A of the said Act

of 1959 authorising the continued detention by

............................................................................

of

............................................................................................

the said sea fisheries protection officer,

of the *(foreign) sea-fishing boat named

............................................................................................

and

the persons on board such boat at the Port of

................................................................................

in the County of

.......................................................................................................

*(in said district) for a

period of 48 hours from the time of the granting of this order, that is to say, from a.m./p.m. on this day of 19 .

Dated at a.m./p.m.

on this day of 19 ,

at

...........................................

in said *district *county.

Signed .........................................................

*Judge of the District Court

assigned to said district

(or)

*Peace Commissioner for the said

county

To

of

the above-named sea fisheries protection officer.

† State occupation as set out in section 220

* Delete where inapplicable

No. 65.5

O.65,r.4

FISHERIES (CONSOLIDATION) ACT, 1959 (as amended)

ORDER FOR DETENTION UNDER SECTION 234 (1) OF THE ACT (as substituted by section 13 of the Fisheries (Amendment) Act, 1978 and as substituted by section 12 of the Fisheries (Amendment) Act, 1994 )

District Court Area of

District No.

..............................................................................................................................................

Applicant

of

.......................................................................................................................................

WHEREAS the above-named applicant, being a †

.................................................................

and a sea fisheries protection officer within the meaning of section 220 of the above-mentioned Act of 1959, has on the day of 19 , in the exercise of the powers conferred on him/her by section *[233 (1) (g) (i)] *[233 (1) (g) (ii)] of that Act, as amended by section 11 of the Fisheries (Amendment) Act, 1978 , and as amended by section 12 of the Fisheries (Amendment) Act, 1994 , detained the sea-fishing boat named

...........................................................................................................................

and the persons on board that

boat at the Port of

....................................................

in the County of

..........................................

*(in said district,)

AND WHEREAS

....................................................

of

.....................................................

is the master of the said boat,

AND WHEREAS the said applicant has on this day brought before me,

*(a Judge of the District Court assigned to said district,)

*(a Peace Commissioner for the said county, there being no Judge of the District Court immediately available,)

.........................................................................................

of

...............................................................

the master of the said boat and

...........................................................................................................

other persons on board the boat, against whom proceedings for an offence under a provision of *(Chapter II) *(Chapter III) of Part XIII of the said Act of 1959 (as amended by the said Act of 1978), namely,

(here set out the offence(s) alleged and sections) contravened)

have been or are about to be instituted,

AND WHEREAS I AM SATISFIED that such proceedings *(have been) *(are about to be) instituted against the master and those other persons *(or any one or more of

them, namely,

............................................................................................................................)

NOW, pursuant to section 234 (1) of the said Act of 1959 (as amended by section 13 of the said Act of 1978 and as substituted by section 12 of the said Act of 1994), I

HEREBY ORDER AND REQUIRE YOU,

.............................................................................................

...........................................................................................

of

......................................................................

a sea fisheries protection officer, to detain at the Port of

..........................................................................

...............................................

in the County of

......................................................

in the State the said

sea-fishing boat named

....................................................

and the said

..........................................

master

...............................................

and each person in respect of whom I am

.................................

so satisfied, namely,

.............................................................................................................................

until such proceedings have been adjudicated upon by a Judge of the District Court under section 8 of the Criminal Procedure Act, 1967 or under section 2 (2) of the Fisheries (Amendment) Act, 1978 or otherwise in the exercise of his or her summary jurisdiction.

Dated at a.m./p.m.

on this day of 19 ,

at

...........................................

in said *district *county.

Signed ..........................................................

*Judge of the District Court

assigned to said district

(or)

*Peace Commissioner for the said

county

To

of

a sea fisheries protection officer.

† State occupation as set out in section 220

* Delete where inapplicable

No. 65.6

O.65,r.5

FISHERIES (CONSOLIDATION) ACT, 1959 (as amended)

Section 236 (1) (b)

ORDER FOR DETENTION PENDING THE PAYMENT OF FINE AND COSTS

District Court Area of

District No.

..............................................................................................................................................

Prosecutor

..............................................................................................................................................

Accused

WHEREAS the above-named Accused was on the day of 19

duly convicted that he/she did

contrary to section *

contained in † (Chapter II)

† (Chapter III) of Part XIII of the above Act, and was ordered to pay for fine the sum of £ , together with the summon £ for costs, making in all the sum of £ , to be paid within clear days,

AND WHEREAS the boat, named

........................................................................................

to which the said Accused belongs, has been detained by Order dated the day of 19 under Chapter IV of Part XIII of the above Act at the

Port of

...........................................................................................................................

within the State,

THE COURT HEREBY ORDERS that the said boat be further detained at the

Port of

.....................................................................................................

within the State until such fine

and costs are paid.

THIS IS TO COMMAND YOU to wham this Order is directed to detain further the said boat at the said Port until the sum of £ , being the amount of the fine and costs, is paid.

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

To

of

a sea fisheries protection officer

* Insert section number

† Delete where inapplicable

No. 65.7

O.65,r.6

FISHERIES (CONSOLIDATION) ACT, 1959

Section 236 (1) (c)

ORDER FOR DISTRESS AND SALE OF BOAT

District Court Area of

District No.

................................................................................................................................................

Applicant

................................................................................................................................................

Accused

WHEREAS the above-named Accused was on the day of 19

duly convicted that he/she did

contrary to section *

contained in † (Chapter II)

† (Chapter III) of Part XIII of the above Act

and was ordered to pay for fine the sum of £ , together with the sum of £ for costs, making in all the sum of £ , to be paid within clear days,

AND IT WAS FURTHER ORDERED that the boat named

....................................................

to which the said Accused belongs, be detained until such fine and costs are paid and, in the event of the same not being paid within the said time, that the same be recovered by distress and sale of the said boat,

AND WHEREAS the said fine and costs have not been paid,

IT IS HEREBY ORDERED that the said sum of £ be recovered by distress and sale of the said boat.

THIS IS TO COMMAND YOU to whom this Order is directed to execute the said Order for fine and costs against the said Accused by recovering the said last mentioned sum by distress and sale of the said boat.

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

To

of

a sea fisheries protection officer.

* Insert section number

† Delete where inapplicable

No. 65.8

O.65,r.7

FISHERIES (CONSOLIDATION) ACT, 1959 (as amended)

Section 236 (2)

ORDER FOR DETENTION OF BOAT PENDING THE TAKING OF POSSESSION OF ARTICLE ORDERED TO BE/WHICH STANDS/FORFEITED

District Court Area of

District No.

...............................................................................................................................................

Prosecutor

................................................................................................................................................

Accused

WHEREAS the above-named Accused was on the day of 19

duly convicted that he/she did

contrary to section *

contained in † (Chapter II) † (Chapter III) of Part XIII of

the above Act, and was ordered to pay for fine the sum of £ , together with the sum of £ for costs, making in all the sum of £ , to be paid within

clear days, and a certain article, to wit

...........................................................................................

on board the boat named

................................................................................................................

was ordered to be forfeited under Chapter II of Part XIII of the above Act †[stands forfeited under † (Chapter II) † (Chapter III) of Part XIII of the above Act]

AND WHEREAS the said boat is detained under Chapter IV of Part XIII of the said Act,

IT IS HEREBY ORDERED, on the application of the above Prosecutor, that the said boat be detained until possession has been taken of the said article.

THIS IS TO COMMAND YOU to whom this Order is directed to detain the said boat

at the Port of

......................................................

within the State until possession has been taken of

the said article.

Dated this

day of

19

.

Signed ...........................................................

Judge of the District Court

To

of

a sea fisheries protection officer.

* Insert section number

† Delete where inapplicable

No. 65.9

O.65,r.8

FISHERIES (CONSOLIDATION) ACT, 1959 (as amended)

Section 235 (1) (a)

ORDER FOR FURTHER DETENTION OF BOAT PENDING DETERMINATION OF PROCEEDINGS (INCLUDING APPEALS)

District Court Area of

District No.

................................................................................................................................................

Prosecutor

................................................................................................................................................

Accused

WHEREAS by order dated the day of 19 , made pursuant to section 234 of the above-mentioned Act (as substituted by section 13 of the Fisheries

(Amendment) Act, 1978), a boat named

.....................................................

and persons on board that

boat are being detained at the Port of

............................................................................................

within the State,

AND WHEREAS on the day of 19 , on hearing proceedings brought by the above-named prosecutor against the above-named accused charging him/her with the offence that he/she did on the said boat-

contrary to section

of the said Act of 1959, that being a provision of *(Chapter

II) *(Chapter III) of Part XIII of that Act, THE COURT

*(convicted the accused of that offence,)

*(dismissed those proceedings,)

NOW THE COURT ORDERS AND REQUIRES, pursuant to section 235 (1) (a) of the said Act of 1959 (as substituted by section 14 of the said Act of 1978), the sea fisheries protection officer to whom this order is directed, in the event of an appeal from, or any other proceedings in relation to the said order *convicting *dismissing or the order of any other court to which the case is brought, whether by way of appeal or

otherwise, to detain the said boat

............................................................................

further at the Port of

................................................................

within the State pending the determination of the appeal or other

proceedings (and any proceedings consequent upon the appeal or the other proceedings).

THIS IS TO COMMAND YOU,

................................................................................................

of

......................................................................................................................,

the sea fisheries protection

officer to whom the above order is directed, to detain further the said boat at the said Port in accordance with the provisions of that order.

Dated this

day of

19

.

Signed ........................................................

Judge of the District Court

To

of

a sea fisheries protection officer.

* Delete where inapplicable

No. 65.10

O.65,r.8

FISHERIES (CONSOLIDATION) ACT, 1959

(as amended)

Section 235 (1) (b)

ORDER FOR FURTHER DETENTION OF BOAT ON SENDING FORWARD *FOR TRIAL *FOR SENTENCE

District Court Area of

District No.

................................................................................................................................................

Prosecutor

................................................................................................................................................

Accused

WHEREAS by order dated the day of 19 , made pursuant to section 234 of the above-mentioned Act (as substituted by section 13 of the Fisheries

(Amendment) Act, 1978), a boat named

.....................................................

and persons on board that

boat are being detained at the Port of

..........................................................................

within the State,

AND WHEREAS on the day of 19 , in proceedings brought by the above-named prosecutor against the above-named accused charging him/her with the offence that he/she did, on the said boat-

contrary to section

of the said Act of 1959, that being a provision of

*(Chapter II) *(Chapter III) of Part XIII of that Act, THE COURT MADE AN ORDER sending the accused forward *(for trial) *(for sentence) on the said charge to

the *present *next sitting of the

...............................................................................................

Court at

...................................................................................................................................................................

NOW THE COURT ORDERS AND REQUIRES, pursuant to section 235 (1) (b) of the said Act of 1959 (as substituted by section 14 of the said Act of 1978), the sea fisheries protection officer to whom this order is directed

TO DETAIN the said boat

........................................................................................

further at the

Port of

........................................................................................................

within the State pending the

determination of the case in the said

.....................................................................................

Court, and

in the event of an appeal from, or other proceeding in relation to the said order sending

forward *(for trial) *(for sentence) or the order of the

.................................................................

Court or of any other court to which the case is brought, whether by way of appeal or otherwise,

TO DETAIN THE BOAT FURTHER pending the determination of the appeal or the other proceedings (and any proceedings consequent upon the appeal or the other proceedings).

THIS IS TO COMMAND YOU,

..........................................................................................

of

......................................................................................................................,

the sea fisheries protection

officer to whom the above order is directed, to detain further the said boat at the said Port in accordance with the provisions of that order.

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

To

of

a sea fisheries protection officer. '

* Delete where inapplicable

No. 65.11

O.65,r.9

FISHERIES (CONSOLIDATION) ACT, 1959

(as amended)

Section 235(2)(a)

ORDER REQUIRING THE RELEASE OF A BOAT

District Court Area of

District No.

................................................................................................................................................

Prosecutor

................................................................................................................................................

Accused

WHEREAS in respect of an offence of an offence or offences under a provision of *(Chapter II) *(Chapter III) of Part XIII of the above-mentioned Act THE COURT on the day of 19 MADE AN ORDER under (section 234(1)) (section 235(1)) of that Act (as substituted by section *13 *14 of the Fisheries (Amendment) Act, 1978 )

in relation to the sea-fishing boat named

......................................................................................

AND WHEREAS security, which in the opinion of the Court is satisfactory, has been given for the payment,

in event of the conviction of the accused in respect of the said offence(s) or in the event of his/her failure to attend any court when such attendance is required for the purposes of any preliminary examinations under the Criminal Procedure Act, 1967 in relation to the offence(s) or any trials, appeals or other proceedings in relation to the offence(s),

of a sum that in the opinion of the Court is sufficient to provide for-

(i) payment of the maximum fine or fines ordered or which may be ordered to be paid in respect of the offence(s),

(ii) the estimated amount of the costs (if any) of trials, appeals or other proceedings in relation to the offence(s) awarded or which may be awarded against the accused, and

(iii) the estimated value of any forfeitures ordered or which may be ordered to be made upon the final determination of any trials, appeals or other proceedings in relation to the offence(s),

NOW THE COURT, pursuant to section 235(2)(a) of the said Act of 1959

(as substituted by section 14 of the said Act of 1978),

HEREBY ORDERS AND REQUIRES YOU,

........................................................................

of

..............................................................................................................

a sea fisheries protection officer,

TO RELEASE THE SAID BOAT now detained at the Port of

.......................................................

within the State.

Dated this

day of

19

.

Signed ........................................................

Judge of the District Court

To

of

a sea fisheries protection officer.

* Delete where inapplicable

No. 65.12

O.65,r.10

FISHERIES (CONSOLIDATION) ACT, 1959 (as amended)

ORDER FOR DETENTION UNDER SECTION 301 (2A) OF THE ACT (as inserted by section 53 (b) of the Fisheries Act, 1980 )

District Court Area of

District No.

.....................................................................................................................................................

Applicant

of

.............................................................................................................................................

*(an authorised officer)

WHEREAS the above-named applicant, being *(a member of the Garda Síochána,) *(an authorised officer within the meaning of section 301 (1) of the above-mentioned Act of 1959 (as amended by the Fourth Schedule to the above-mentioned Act of 1980),

*(having been appointed in writing by

..............................................

to exercise the powers conferred

by that section), has on the day of 19 taken a boat named

..........................................

and the persons thereon to the *(Port) *(place) at

..................................

in the County of

..................................................

*(in said district) pursuant to section 301 (2A) of

the said Act of 1959, as inserted by section 53 (b) of the said Act of 1980,

AND WHEREAS the said applicant has on this day brought before me,

*(a Judge of the District Court assigned to the said district,)

*(a Peace Commissioner for the said county, there being no Judge of the District Court immediately available,)

....................................................................

of

...............................................................................

being the person in charge or who appeared to the applicant to be in charge of the said

boat *(and

........................................................,

a person/persons who was/were thereon at the time

the boat was so taken,) against whom proceedings for the following offence or contravention, namely,

(here give details and state the relevant section or bye-law as set out in the said section 301 (2A))

*(are) *(are about to be) instituted,

AND WHEREAS I AM SATISFIED that such proceedings *(are) *(are about to be) instituted against the said person(s),

NOW, pursuant to section 301 (2A) of the said Act of 1959 (as inserted by section 53 (b) of the said Act of 1980), I HEREBY ORDER AND REQUIRE YOU,

..................................................................

of

...............................................................................

(an) authorised officer(s), to detain at the *(Port) *(place) at

......................................................................................................................

in the State—

*(such boat named

..............................................................................................

and the said person(s)

brought before me, namely,

........................................................................................................)

*(such boat named

....................................................................................................................)

until the proceedings have been adjudicated upon by a Judge of the District Court.

Dated this

day of

19

.

at

...................................................................

in the said *district *county.

Signed ..............................................................

*Judge of the. District Court

assigned to said district

(or)

*Peace Commissioner for the

said county

To

of

authorised officer(s).

* Delete where inapplicable

No. 65.13

O.65,r.10

FISHERIES (CONSOLIDATION) ACT, 1959

(as amended)

INFORMATION FOR WARRANT

(under section 297)

District Court Area of

District No.

THE INFORMATION of

.....................................................................................................

of

........................................................................................................................................................

who says on oath-

*I am an authorised person within the meaning of section 292 (as amended) of the

above-mentioned Act, having been appointed in writing by

..........................................................

I say that I have reasonable grounds for believing that a breach of the provisions of the said Act or an instrument made thereunder has been committed within * (an enclosed garden) *(a dwellinghouse)

* (the curtilage of a dwellinghouse) at

.........................................................................................

in the court (area and) district aforesaid, and that those grounds are as follows:-

and I hereby apply for the issue of a warrant pursuant to section 297 of the said Act, (as amended by section 71 of the Fisheries Act, 1980 ).

Signed ..........................................................

Informant

Sworn before me at

.............................................

on this

day of

19

,

Signed ..........................................................

Judge of the District Court

(or)

Peace Commissioner

* Delete where inapplicable

No. 65.14

O.65,r.11 (3)

FISHERIES (CONSOLIDATION) ACT, 1959 (as amended)

WARRANT UNDER SECTION 297

District Court Area of

District No.

WHEREAS upon the information on oath and in writing sworn before me, *(a Judge of the District Court,) *(a Peace Commissioner,) on this day pursuant to section 297 of

the above-mentioned Act by

..............................................................................................................

...............................................................

of

..........................................................................

an

authorised person within the meaning of section 292 (as substituted in the fourth schedule to the Fisheries Act, 1980 ) of the said Act, IT APPEARS TO ME that there are reasonable grounds for believing that a breach of the provisions of the said Act of 1959 or an instrument made thereunder has been committed within *(an enclosed garden)

*(a dwellinghouse) *(the curtilage of a dwellinghouse) at

.............................................................

.....................................................................................................................

within the court (area and) district

aforesaid,

I HEREBY AUTHORISE YOU,

.........................................................................................

of

...................................................................................................................

an authorised person within

the meaning of the said section 292 as so substituted, within seven days of the issue of this warrant, at any time or times between the hours of a.m./p.m. and a.m./p.m., accompanied and assisted, where appropriate, by any one or more of the following, namely, any member of the Garda Síochána, any officer of the Minister for the Marine and, in case this warrant is issued to an officer of a regional board, any other person employed by that board,

(i) to enter and search, if need be by force, the above-named *(garden) (dwellinghouse) *(curtilage) *(any structure or building in such garden *curtilage),

(ii) to require any person found on such land to furnish to you his or her name and address,

(iii) to require a person who is in occupation or is in control or is concerned in the management of such land to furnish to you his or her name and address, and

(iv) if you have reasonable grounds for suspecting that an offence has been or is being committed under the said Act of 1959 with or in relation to anything found in the course of the search, to seize and detain that thing or anything else so found which appears to you to be something which might be required as evidence in proceedings for an offence under that Act.

Dated and issued this

day of

19

.

at

...........................................................................................................................................................

Signed .....................................................

Judge of the District Court

(or)

Peace Commissioner

To the above-named authorised person.

NOTE

The powers conferred on the person named in the above warrant shall be exercisable by that person as regards a dwellinghouse only if, and only for so long as, that person is accompanied by a member of the Garda Síochána.

* Delete where inapplicable

No. 66.1

O.66,r.2 (2)

GAMING AND LOTTERIES ACT 1956

Section 15

APPLICATION FOR A CERTIFICATE

District Court Area of

District No.

..............................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant

.....................................................................

of

...............................................................................................................

will apply to the Court sitting at

....................................................................................................

on the

day of

19

at

.m. for a certificate under section 15 of the Gaming and Lotteries Act, 1956 (No. 2 of 1956), authorising the issue of a licence permitting gaming at an amusement hall or funfair, namely

.............................................................................

situate at

............................................................

......................................................................................

in said court area

The number and kinds of games proposed to be carried on are as follows:-

AND FURTHER TAKE NOTICE that the applicant will rely on the following matters in support of the application:-

1. The applicant is not disqualified by section 8 of the said Act from the promotion of gaming under section 6 or section 7 thereof.

2. The other forms of amusement to be provided are as follows:-

Dated this

day of

19

.

Signed ...........................................................

Applicant or Solicitor for Applicant

To

The District Court Clerk at

The Superintendent of the Garda Síochána at

and

(Local Authority)

No. 66.2

O.66,r.2 (7)

GAMING AND LOTTERIES ACT, 1956

Section 15

CERTIFICATE FOR GAMING LICENCE

District Court Area of

District No.

WHEREAS:

1. The Local Authority for the County of

has by

resolution adopted Part III of the above Act and the said resolution is still in force in respect of the area in which the premises hereinafter mentioned are situate,

2.

...............................................................

of

.............................................................

(hereinafter called the Applicant) has applied to the Court for the grant of a certificate authorising the issue of a licence by the Revenue Commissioners permitting gaming at

the Amusement Hall/ Funfair situate at

in said court area,

3. Forms of entertainment other than gaming being provided are as follows:-

4. The Applicant is not disqualified by section S of the above Act from the promotion of gaming under section 6 or section 7 thereof,

THE COURT DOTH THEREFORE ORDER that a certificate be and the same is hereby granted to the Applicant for the purposes of Part III of the said Act upon the terms and conditions and subject to the restrictions following, that is to say:-

1. This Certificate shall, subject to the provisions of the above Act, be in force during the period from the date hereof to the day of 19 ,

2. Gaming shall not be carried on at the said Amusement Hall/Funfair otherwise than in accordance with the licence granted on foot hereof and during the following hours:-

3. Gaming carried on in the said Amusement Hall/Funfair shall be restricted to the following kinds of gaming, to wit

and shall be subject to the following provisions:-

( a ) the stake in each game shall not be more than two and a half pence for each player,

( b ) no player under sixteen years of age shall be permitted to play,

( c ) no player may win more than the value of fifty pence in each game, and

( d ) neither taking part in nor the result of a game shall entitle the player to take part in any other game or tottery or otherwise to receive or, be eligible to compete for any money or money's worth.

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

No. 66.3

O.66,r.3 (2)

GAMING AND LOTTERIES ACT, 1956

Section 28

APPLICATION FOR A LOTTERY LICENCE

District Court Area of

District No.

.............................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant

...................................................................

of

...............................................................................................................................................................

will apply to the Court sitting at

...................................................................................................

on the day of 19 at .m. for a licence under section 28 of the Gaming and Lotteries Act, 1956 (No. 2 of 1956) for the promotion of periodical lotteries during the period from the day of 19 to the day of 19

AND FURTHER TAKE NOTICE that the following are the particulars required to be given pursuant to the said Act:-

1. The kind of lottery proposed to be carried on is

..............................................................................................................................................................

2. The purpose of the lottery is

...............................................................................................................................................................

3. The amount or proportion of the proceeds intended to be devoted to the remuneration of agents, ticket-sellers and other persons employed in connection with the lottery is

..................................................................................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

*4. The value of the prizes is

....................................................................................................................................................................

Dated this

day of

19

.

Signed ..........................................................

Applicant or Solicitor for Applicant

To

The Clerk of the District Court

at

and the Superintendent of the Garda Síochána

at

* Set out list and value of prizes

No. 66.4

O.66,r.3 (4)

GAMING AND LOTTERIES ACT, 1956

Section 28

LICENCE FOR PROMOTION OF A LOTTERY

District Court Area of

District No.

The Court hereby grants to

.........................................................................................................

of

......................................................................................................................................................

a licence for the promotion of periodical lotteries in accordance with section 28 of the said Act, during the period from the day of 19 to the day of 19 subject to the provision that each series of lotteries shall comply with the following conditions:-

( a ) it shall be for some charitable or philanthropic purpose or purposes to wit,*

.....................................................................................................................................................

( b ) the licensee shall derive no personal profit from it;

( c ) † value of prizes

...............................................................................................

( d ) the total value of the prizes on any occasion shall not be more than £10,000, and, if more than one lottery is held in any week, the total value of the prizes for the week shall not be more than £10,000;

( e ) the value of each prize shall be stated on every ticket or coupon;

( f ) not more than forty per cent. of the gross proceeds shall be utilised for the expenses of promotion, including commission, and any free entry for the lottery shall be deemed to be a payment of commission to the extent of its value.

Dated this

day of

19

.

Signed ...........................................................

Judge of the District Court

* Insert kind of lottery to be carried on

† Set out list and value of prizes

No. 66.5

O.66,r.4 (2)

GAMING AND LOTTERIES ACT, 1956

Section 27

NOTICE OF APPEAL AGAINST REFUSAL OF SUPERINTENDENT TO GRANT A PERMIT

District Court Area of

District No.

..............................................................................................................................................

Appellant

TAKE NOTICE that the above-named Appellant

.................................................................

of

.............................................................................................................................................

will apply to the Court sitting at

...................................................................................................

on the day of 19 at .m. against

the refusal of Superintendent

....................................................................................................

of the

Garda Síochána at

......................................................................................................................

to issue a permit for the promotion of a lottery in accordance with section 27 of the Gaming and Lotteries Act, 1956 , (No. 2 of 1956).

Dated this

day of

19

.

Signed ..........................................................

Appellant or Solicitor for Appellant

To:

The Clerk of the District Court

at

and to

The Superintendent of the Garda Síochána,

at

No. 66.6

O.66,r.4 (5)

GAMING AND LOTTERIES ACT, 1956

Section 27

ORDER ON APPEAL FROM REFUSAL OF SUPERINTENDENT TO GRANT PERMIT FOR PROMOTION OF LOTTERY

District Court Area of

District No.

...............................................................................................................................................

Appellant

UPON the hearing of an APPEAL on the day of 19

brought by the Appellant

............................................................................................................

of

.....................................................................................................................................................

against the refusal of the Superintendent of the Garda Síochána

at

......................................................................................................................

to issue a permit for the

promotion of a lottery in accordance with section 27 of the above Act;

THE COURT on the day of 19 ORDERED that

the said appeal be /images/en.si.1997.0093.0035.jpg

Dated this

day of

19

.

Signed ...........................................................

Judge of the District Court

* Delete whichever inapplicable

No. 66.7

O.66,r.5 (2)

GAMING AND LOTTERIES ACT, 1956

Section 39

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

.....................................................................................................

of

...................................................................................................................

Garda Síochána station, who

says on oath-

I am a member of the Garda Síochána not below the rank of Inspector.

I say that I have reasonable ground, as follows, for supposing that at a *place

*premises at

...................................................................................................................................

in the

court * (area and) district aforesaid, an offence against the above-mentioned Act has been or is being or is about to be committed, that is to say,-

and I hereby apply for the issue of a search warrant under section 39 of that Act.

Signed ..........................................................

Informant

SWORN before me this

day of

19

,

at

.............................................

Signed ..........................................................

Judge of the District Court

* Delete words inapplicable

No. 66.8

O.66,r.5 (3)

GAMING AND LOTTERIES ACT, 1956

Section 39

SEARCH WARRANT

District Court Area of

District No.

WHEREAS I am satisfied from the information on oath and in writing sworn before

me this day by

.........................................................

of

.............................................................

Garda Síochána station, a member of the Garda Síochána not below the rank of Inspector, that there is reasonable ground for supposing that at a *place *premises at

............................

in the court *(area and) district aforesaid, an offence against the above-mentioned

Act has been or is being or is about to be committed,

THIS IS TO AUTHORISE

.................................................

of

....................................................

Garda Síochána station, a member of the Garda Síochána not below the rank of Inspector, accompanied by such other members of the Garda Síochána as he/she thinks proper, to enter the said *place *premises at any time within forty-eight hours after the issue of this warrant, if need be by force, to inspect the *place *premises and any books and documents found there and to take the name and address of any person and seize any gaming instrument and any books and documents appearing to relate to gaming or lotteries found there.

Dated this

day of

19

.

Signed ...........................................................

Judge of the District Court

To the Superintendent of the Garda Síochána.

at

...............................................................................................................................................

* Delete words inapplicable

No. 67.1

O.67,r.2 (2)

GENERAL DEALERS (IRELAND) ACT, 1903

Section 1

NOTICE OF APPLICATION FOR A GENERAL DEALER'S LICENCE

District Court Area of

District No.

............................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant

...................................................................

of

.......................................................................................................................................................

will apply to the Court sitting at

...................................................................................................

on the day of 19 , at .m. for the /images/en.si.1997.0093.0036.jpg

of a General Dealer's licence to carry on the business of a general dealer as defined by section 12 of the above Act at the premises situate at......................... in the court area and district aforesaid.

Dated this

day of

19

.

Signed ...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

at

To the Clerk of the District Court

at

* Delete whichever inapplicable

No. 67.2

O.67,r.2 (5)

GENERAL DEALERS (IRELAND) ACT, 1903

Section 1

GENERAL DEALER'S LICENCE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

...........................................................................................................................................................

this Licence to carry on the business of a General Dealer at ................... in court area and district aforesaid under the provisions of the above Act until the day of 19 ,

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

No. 68.1

O.68,r.1 (2)

THE LICENSING ACT, 1872

Section 82

THE LICENSING ACT (IRELAND), 1874

Section 9

BEER RETAILERS' AND SPIRIT GROCERS' RETAIL LICENCES (IRELAND) ACT, 1900: LICENSING (IRELAND) ACT, 1902

NOTICE OF APPLICATION FOR A CERTIFICATE FOR A NEW SPIRIT RETAILER'S OFF-LICENCE

District Court Area of

District No.

................................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant

.................................................................

of

.......................................................................................................................................................

intends to apply to the Court at

...................................................................................................

on the day of 19 at .m. for a certificate to hold a SPIRIT

RETAILER'S OFF-LICENCE in respect of the premises situate at

......................................................

....................................................................................................

in court area and district aforesaid.

*(AND FURTHER TAKE NOTICE that the Applicant has previously held a Licence

for the sale of

....................................................................................................................................

at the house and premises situate at

............................................................................................

which sale and Licence was discontinued on or about the day of 19 .)

Dated this

day of

19

.

Signed ...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

* Delete where inapplicable

No. 68.2

O.68,r.1 (2)

BEER HOUSES (IRELAND) ACT, 1864.

Section 3.

LICENSING ACT, (IRELAND) 1874

Sections 10 AND 37

BEER LICENCES (IRELAND) ACT, 1877

Section 2

BEER RETAILERS' AND SPIRIT GROCERS' RETAIL LICENCES (IRELAND) ACT, 1900

LICENSING (IRELAND), ACT, 1902

NOTICE OF APPLICATION FOR A CERTIFICATE FOR A NEW BEER RETAILER'S OFF-LICENCE

District Court Area of

District No.

................................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant

...................................................................

of

.........................................................................................................................................................

intends to apply to the Court at

...................................................................................................

on the day of 19 at ,m. for a certificate to hold a BEER RETAILER'S OFF-LICENCE in respect of the premises situate at

in court area and district aforesaid,

*(AND FURTHER TAKE NOTICE that the Applicant has previously held a Licence

for the sale of

.....................................................................................................................................

at the house and premises situate at

............................................................................................

which sale and Licence was discontinued on or about the day of 19 ).

Dated this

day of

19

.

Signed ..........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

* Delete where inapplicable

No. 68.3

O.68,r.1 (2)

LICENSING ACT, (IRELAND) 1874

Sections 8 AND 37

BEER LICENCES (IRELAND) ACT, 1$77

Section 2

BEER RETAILERS' AND SPIRIT GROCERS' RETAIL LICENCES (IRELAND) ACT, 1900

NOTICE OF APPLICATION FOR A CERTIFICATE FOR A NEW WHOLESALE BEER DEALER'S LICENCE

District Court Area of

District No.

..............................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant

...................................................................

of

.......................................................................................................................................................

intends to apply to the Court at

...................................................................................................

on the day of 19 at .m. for a certificate to hold a WHOLE-SALE BEER DEALER'S LICENCE in respect of the premises situate at....................... in the court area and district aforesaid.

*(AND FURTHER TAKE NOTICE that the Applicant has previously held a licence

for the sale of

....................................................................................................................................

at the house and premises situate at

............................................................................................

which sale and Licence was discontinued on or about the day of 19 ).

Dated this

day of

19

.

Signed ..........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

* Delete where inapplicable

No. 68.4

O.68,r.1 (2)

INTOXICATING LIQUOR ACT, 1960

Section 15

NOTICE OF APPLICATION FOR A DECLARATION AS TO FITNESS AND CONVENIENCE OF PROPOSED OFF-LICENCE PREMISES

District Court Area of

District No.

..............................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant

...................................................................

of

...............................................................................................................................................................

intends to apply to the Court at

............................................................................................................

on the day of 19 at .m. for a DECLARATION that premises

situate at

...................................................................................................................................

in court area and district aforesaid,

which the applicant proposes to acquire/construct/alter would be fit and convenient for the purpose of carrying on the business of a *

AND FURTHER TAKE NOTICE that a copy of the plans of the said premises is being deposited with you.

Dated this

day of

19

.

Signed .........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

* Spirit Retailer, Beer Retailer, Wholesale Beer Dealer as the case may be

No. 68.5

O.68,r.1 (7)

LICENSING ACTS, 1833 TO 1988

CERTIFICATE FOR A NEW SPIRIT RETAILER'S OFF-LICENCE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

...........................................................................................................................................................

this certificate to hold a SPIRIT RETAILER'S OFF-LICENCE in respect of

the premises

..............................................................................................................................

situate at

..................................................................................................................................

in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:-

1. To the good character of the said

2. To the suitability of the said premises.

3. That the said premises, with the premises belonging thereto and occupied therewith, are rated for the relief of the Poor in the sum of not less than £

4. That an increase of population of not less than twenty-five per cent (25%) over the population according to the census taken in the year 1901, for the parish in which the said premises are situated, has taken place.

5. That the Licence to be granted for the said premises shall be in substitution for the Spirit Retailer's off-licences) in respect of the premises

situate at

*(and

).

Dated this

day of

19

.

Signed ...........................................................

Judge of the District Court

* Delete if inapplicable

No. 68.6

O.68,r.1 (7)

LICENSING ACTS, 1833 TO 1988

CERTIFICATE FOR A NEW BEER RETAILER'S OFF-LICENCE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

............................................................................................................................................................

this certificate to hold a SPIRIT RETAILER'S OFF-LICENCE in respect of

the premises

..............................................................................................................................

situate at

..................................................................................................................................

in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:-

1. To the good character of the said

2. To the suitability of the said premises.

3. That the said premises, with the premises belonging thereto and occupied therewith, are rated for the relief of the Poor in the sum of not less than £

4. That the said premises have been in the exclusive occupation of the said for a period of three months preceding the date of this certificate.

5. That an increase of population of not less than twenty-five per cent (25%) over the population according to the census taken in the year 1901, for the parish in which the said premises are situated, has taken place.

6. That the Licence to be granted for the said premises shall be in substitution for the Beer Retailer's off-licence(s) in respect of the premises

situate at

*(and

).

Dated this

day of

19

.

Signed ...........................................................

Judge of the District Court

No. 68.7

O.68,r.1 (7)

LICENSING ACTS, 1833 TO 1988

CERTIFICATE FOR A NEW WHOLESALE BEER DEALER'S LICENCE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

...........................................................................................................................................................

this certificate to hold a WHOLESALE BEER DEALER'S LICENCE in respect

of the premises

..................................................................................................................................

situate at

.............................................................................................................................................

in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:—

1. To the good character of the said......................................................................................

2. To the suitability of the said premises.

3. That the said premises, with the premises belonging thereto and occupied therewith, are rated for the relief of the Poor in the sum of not less than £

4. That the said premises have been in the exclusive occupation of the said for a period of three months preceding the date of this certificate.

Dated this

day of

19

.

Signed

........................................................

Judge of the District Court

No. 68.8

O.68,r.1 (7)

INTOXICATING LIQUOR ACT, 1960

Section 15

DECLARATION AS TO FITNESS AND CONVENIENCE OF PROPOSED

OFF-LICENCE PREMISES

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

...........................................................................................................................................................

this declaration that the premises

..................................................................................................

situate at

............................................................................................................................................

in court area and district aforesaid

which the said proposes to acquire/construct/ alter would be fit and convenient for the purpose of carrying on the business of a *

it having been shown to the satisfaction of the Court that,

1. if the acquisition/construction/alteration, of the premises were completed and an application for the grant of a certificate to hold a*

were made and no objection on the ground of the character, misconduct or unfitness of the Applicant were made on the hearing of the application, it would be proper, having regard to the provisions of the Licensing Acts, 1833 to 1988, to grant the application.

†2. the applicant is the holder of the lowest estate or tenancy in the site on which it is proposed to construct the premises or, if he/she is not such holder, that the holder thereof has agreed to convey the lowest estate or tenancy in the site to the applicant if and when this declaration in relation to the site is made.

Dated this

day of

19

.

Signed

.........................................................

Judge of the District Court

NOTE

This declaration remains in force for two years from the grant thereof or for such longer period as the Court granting the application may in any particular case think proper to provide.

*Spirit Retailer, Beer Retailer, Wholesale Beer Dealer as the case may be

†Delete where inapplicable

No. 69.1

O.69,r.2 (2)

INTOXICATING LIQUOR ACT, 1927

*Section 12 (1)

*Section 12 (1) as applied by section 12 (1B)

NOTICE OF APPLICATION FOR A RESTAURANT CERTIFICATE

District Court Area of

District No.

....................................................................................................................................................

Applicant

TAKE NOTICE that

.............................................................................................................

of

......................................................................................................................................................

*(the holder of an on-licence

*(on the occasion of an application for a certificate for the transfer of an on-licence)

in respect of the premises situate at

..............................................................................................

in court area and district aforesaid,

intends to apply at the sitting of the Court to be held at

........................................................................

.............................................................................................

on the day of 19 at

.m. for a certificate certifying that the said premises are a RESTAURANT for the purposes of the Intoxicating Liquor Act, 1927 .

Dated this

day of

19

.

Signed

........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

at

*Delete whichever is inapplicable.

No. 69.2

O.69,r.2 (2)

INTOXICATING LIQUOR ACT, 1927

Section 12 (1A)

INTOXICATING LIQUOR ACT, 1943

Section 8

NOTICE OF APPLICATION BY THE HOLDER OF A WINE RETAILER'S ON-LICENCE FOR A RESTAURANT CERTIFICATE

District Court Area of

District No.

.....................................................................................................................................................

Accused

TAKE NOTICE that

..............................................................................................................

of

........................................................................................................................................................

the holder of a wine retailer's on-licence within the meaning of the Finance (1909-10) Act, 1910 in respect of the premises situate at

.......................................................................

....................................................................................................................

in court area and district aforesaid,

intends to apply to the Court at

...................................................................................................

on the day of 19 at .m. for a certificate certifying that the said premises are a RESTAURANT for the purposes of the Intoxicating Liquor Act, 1927 .

Dated this

day of

19

.

Signed

........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Siochana,

at

No. 69.3

O.68,r.2 (2)

INTOXICATING LIQUOR ACT, 1927

Section 12A

INTOXICATING LIQUOR ACT, 1960

Section 9

NOTICE OF APPLICATION FOR A LIMITED RESTAURANT CERTIFICATE

District Court Area of

District No.

........................................................................................................................................................

Applicant

TAKE NOTICE that

...........................................................................................................

of

..........................................................................................................................................................

the holder of an on-licence in respect of the premises situate at

........................................................

...................................................................................................................

in court area and district aforesaid,

intends to apply to the Court at

.....................................................................................................

on the day of 19 at .m. for a certificate certifying that portion of the said premises, to wit:

is a RESTAURANT for the purposes of section 13 of the Intoxicating Liquor Act, 1927 .

Dated this

day of

19

.

Signed

........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

No. 69.4

O.69,r.2 (2)

INTOXICATING LIQUOR ACT, 1960

Section 16 (1)

NOTICE OF APPLICATION FOR A DECLARATION AS TO SUITABILITY OF LICENSED PREMISES FOR A RESTAURANT CERTIFICATE

District Court Area of

District No.

......................................................................................................................................................

Applicant

TAKE NOTICE that

.................................................

of

........................................................

*(the holder of an on-licence)

*(the holder of a wine retailer's on-licence within the meaning of the Finance (1909-10) Act, 1910 )

in respect of the premises situate at

....................................................................................................

in the court area and district aforesaid,

intends to apply to the Court at on the day of 19 at .m for a DECLARATION that such premises which the applicant proposes to * acquire/ * construct/ * alter would be structurally adapted for use as a RESTAURANT, refreshment house or other place for supplying substantial meals to the public.

AND FURTHER TAKE NOTICE that a copy of the plans of the said premises is being deposited with you.

Dated this

day of

19

.

Signed

........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

* Delete where inapplicable

No. 69.5

O.69,r.2 (2)

INTOXICATING LIQUOR ACT, 1960

Section 16 (2)

NOTICE OF APPLICATION FOR A DECLARATION AS TO SUITABILITY OF LICENSED PREMISES FOR A LIMITED RESTAURANT

CERTIFICATE

District Court Area of

District No.

.........................................................................................................................................................

Applicant

TAKE NOTICE that

..............................................................................................................

of

.........................................................................................................................................................

the holder of an on-licence in respect of the premises situate at

.......................................................

.............................................................................................................

in the court area and district aforesaid,

and which said premises the applicant proposes to acquire/construct/alter, intends to

apply to the Court at

...................................................................................................................

on the day of 19 at .m. for a DECLARATION that that portion of the said premises, to wit:

1. Would be structurally adapted for use as a RESTAURANT, refreshment house or other place for supplying substantial meals to the public,

2. would not include a public bar, or part of a room in another part of which there would be a public bar, and

3. that there would be public access to the said portion of the said premises otherwise than through a public bar,

AND FURTHER TAKE NOTICE that a copy of the plans of the said premises is being deposited with you.

Dated this

day of

19

.

Signed

........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

No. 69.6

O.69,r.2 (5)

INTOXICATING LIQUOR ACT, 1927

*Section 12 (1)

*Section 12 (1) as applied by section 12 (1B)

RESTAURANT CERTIFICATE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

..........................................................................................................................................................

*(the holder of an on-licence)

*(on the occasion of an application for a certifcate for the transfer of an on-licence)

in respect of the premises situate at

..............................................................................................

in court area and district aforesaid, this Certificate certifying that such premises are a RESTAURANT for the purposes of the Intoxicating Liquor Act, 1927 , subject to the following conditions and restrictions:—

1. the certificate shall continue in force and effect until the date of the next Annual Licensing Court for said court area or the sooner termination thereof by course of law.

2. The certificate shall be displayed prominently in the said premises.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

that due notice of the application herein was served upon the officer in charge of the Garda Siochana for the licensing area,

and, after hearing such officer,

that the said premises are structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public.

Dated this

day of

19

.

Signed

........................................................

Judge of the District Court

*Delete whichever is inapplicable

No. 69.7

O.69,r.2 (5)

INTOXICATING LIQUOR ACT, 1927

Section 12 (1A)

INTOXICATING LIQUOR ACT, 1943

Section 8

RESTAURANT CERTIFICATE

(to the holder of a wine retailer's on-licence)

District Court Area of

District No.

THE COURT HEREBY GRANTS to

....................................................................................

of

.............................................................................................................................................................

the holder of a wine retailer's on-licence within the meaning of the Finance (1909-10) Act, 1910 in respect of the premises situate at

...............................................................................

..............................................................................................................

in court area and district aforesaid,

this Certificate certifying that such premises are a RESTAURANT for the purposes of the Intoxicating Liquor Act, 1927 , subject to the following conditions and restrictions:-

1. The Certificate shall continue in force and effect until the date of the next Annual Licensing Court for said court area, or the sooner termination thereof by course of law.

2. The certificate shall be displayed prominently in the said premises.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

that due notice of the application herein was served upon the officer in charge of the

Garda Síochána for the licensing area,

and, after hearing such officer,

that the said premises are structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public.

Dated this

day of

19

.

Signed

........................................................

Judge of the District Court

No. 69.8

O.69,r.2 (5)

INTOXICATING LIQUOR ACT, 1927

Section 12A

INTOXICATING LIQUOR ACT, 1960

Section 9

LIMITED RESTAURANT CERTIFICATE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

....................................................................................

of

.............................................................................................................................................................

the holder of an on licence in respect of the premises situate at

.......................................................

in court area and district aforesaid,

this Certificate certifying that portion of the said premises, to wit:

is a RESTAURANT for the purposes of section 13 of the Intoxicating Liquor Act, 1927 , subject to the following conditions and restrictions:-

1. The Certificate shall continue in force and effect until the date of the next Annual Licensing Court for said court area or the sooner termination thereof by course of law.

2. The certificate shall be displayed prominently in the portion of the premises to which the certificate relates.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

that due notice of the application herein was served upon the officer in charge of the

Garda Siochana for the licensing area,

and, after hearing such officer,

that the said portion of the said premises is structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public.

that it does not include a public bar or part of a room in another part of which there is a public bar.

that there is public access to it otherwise than through a public bar.

Dated this

day of

19

.

Signed

.........................................................

Judge of the District Court

No. 69.9

O.69,r.2 (5)

INTOXICATING LIQUOR ACT, 1960

Section 16 (1)

DECLARATION AS TO SUITABILITY OF LICENSED PREMISES FOR RESTAURANT CERTIFICATE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

....................................................................................

of

...........................................................................................................................................................,

*(the holder of an on-licence)

*(the holder of a wine retailer's on-licence within the meaning of the Finance (1909-10)

Act, 1910) in respect of the premises situate at

..............................................................................

in the court area and district aforesaid, this Declaration that the said premises which the

said

....................................................................................................................... proposes to

*acquire/*construct/*alter would be structurally adapted for use as a RESTAURANT, refreshment house, or other place for supplying substantial meals to the public.

Dated this

day of

19

.

Signed

.......................................................

Judge of the District Court

NOTE

The declaration remains in force for two years from the grant thereof or for such longer period as the Court granting the application may in any particular case think proper to provide.

*Delete where inapplicable

No. 69.10

O.69,r.2 (5)

INTOXICATING LIQUOR ACT; 1960

Section 16 (2)

DECLARATION AS TO SUITABILITY OF LICENSED PREMISES FOR LIMITED RESTAURANT CERTIFICATE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

....................................................................................

of

............................................................................................................................................................,

the holder of an on-licence in respect of the premises situate at

........................................................

in court area and district aforesaid, which said premises the said

....................................................

proposes to acquire/construct/alter, THIS DECLARATION that that portion of the said premises, to wit:

1. Would be structurally adapted for use as a RESTAURANT, refreshment house or other place for supplying substantial meals to the public,

2. would not include a public bar, or part of a room in another part of which there would be a public bar, and

3. that there would be public access to the said portion of the said premises otherwise than through a public bar.

Dated this

day of

19

.

Signed

........................................................

Judge of the District Court

NOTE

The declaration remains in force for two years from the grant thereof or for such longer period as the Court granting the application may in any particular case think proper to provide

No. 70.1

O.70,r.2 (1)

REFRESHMENT HOUSES (IRELAND) ACT, 1860

Section 14

SUMMONS

(objection to the grant of a wine retailer's on-licence)

District Court Area of

District No.

..................................................................................................................................................

Objector.

..................................................................................................................................................

Applicant.

YOU ARE HEREBY REQUIRED to attend at the sitting of the Court to be held

at

........................................... on the day of 19 at .m.

to show cause on the hearing of an objection by , a member of the Garda Síochána not below the rank of Inspector, to the granting to you by the Revenue Commissioners of a Wine Retailer's on-licence in respect of the

Refreshment House situate at

......................................................................................................

.....................................................................................

in court area and district aforesaid on the following

grounds:-*

Dated this

day of

19

.

Signed

.........................................................

Clerk of the District Court

To

of

the above-named Applicant,

*For statutory grounds see section 13 of the Act

No. 70.2

O.70,r.2 (2)

REFRESHMENT HOUSES (IRELAND) ACT, 1860

Section 14

NOTICE BY WAY OF CAVEAT TO COLLECTOR OF CUSTOMS AND EXCISE

District Court Area of

District No.

......................................................................................................................................................

Objector

of

...............................................................................................................................................

.....................................................................................................................................................

Applicant

of

...............................................................................................................................................

WHEREAS an objection under the provisions of section 14 of the above Act against the first granting by the Revenue Commissioners of a Wine Retailer's On-Licence to the above-named applicant in respect of the premises situate at ........................... in court area and district aforesaid, will be made by the above-named objector, a member of the Garda Síochána not below the rank of Inspector, at the sitting of the District Court to be

held at

..............................................................................................................................on the

day of 19 at a.m./p.m.,

TAKE NOTICE THAT THE SAID LICENCE SHOULD NOT BE GRANTED TO THE APPLICANT PENDING THE DECISION OF THE COURT UPON SUCH OBJECTION.

Dated this

day of

19

.

Signed

........................................................

Clerk of the District Court

To the Collector of Customs and Excise,

at ..............................................

No. 70.3

O.70,r.3 (1)

REFRESHMENT HOUSES (IRELAND) ACT, 1860

Section 14

ORDER AFFIRMING OBJECTION TO THE GRANT OF A WINE RETAILER'S ON-LICENCE

District Court Area of

District No.

....................................................................................................................................................

Objector.

.....................................................................................................................................................

Applicant.

UPON THE HEARING by the Court on the day of 19

of an objection by the Objector, a member of the Garda Síochána not below the rank of Inspector, to the granting to the Applicant by the Revenue Commissioners of a Wine

Retailer's on licence in respect of the Refreshment House situate at

................................................

in court area and district aforesaid,

THE COURT HEREBY ORDERS that the said objection be affirmed

AND REFUSES TO ALLOW such licence to be issued, on the following

grounds:-

Dated this

day of

19

.

Signed

.........................................................

Judge of the District Court

No. 70.4

O.70,r.3 (1)

REFRESHMENT HOUSES (IRELAND) ACT, 1860

Section 14

ORDER DISALLOWING OBJECTION TO THE GRANT OF A WINE RETAILER'S ON-LICENCE

District Court Area of

District No.

.................................................................................................................................................

Objector.

...................................................................................................................................................

Applicant.

UPON THE HEARING by the Court on the day of 19

of an objection by the Objector, a member of the Garda Síochána not below the rank of Inspector, to the granting to the Applicant by the Revenue Commissioners of a Wine

Retailer's on-licence in respect of the Refreshment House situate at

................................................

in court area and district aforesaid,

THE COURT HEREBY ORDERS that the said objection be disallowed.

Dated this

day of

19

.

Signed

.........................................................

Judge of the District Court

No. 71.1

O.71,r.1 (3)

INTOXICATING LIQUOR ACT, 1927

Section 5

INTOXICATING LIQUOR ACT, 1962

Section 12

INTOXICATING LIQUOR ACT, 1988

Section 29

SPECIAL EXEMPTION ORDER

District Court Area of

District No.

THE COURT HEREBY GRANTS to

......................................................................................

of

.................................................................................................................................................................

the holder of an on-licence in respect of the premises situate at

..................................................................

....................................................................................................................

in court area and district aforesaid,

which said premises are *an hotel *a restaurant,

THIS SPECIAL EXEMPTION ORDER, subject to the conditions hereinafter contained, exempting the applicant from the provisions of the Licensing Acts relating to prohibited hours in respect of the said premises during the hours from

on the

day of

19

to

on the

day of

19

on a SPECIAL OCCASION, to wit:-

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT that due notice of intention to apply for this order was served upon

the officer in charge of the Garda Síochána for the licensing area, and after hearing such officer,

*(that the said premises contain a ballroom licensed in the name of the Applicant under the Public Dance Halls Act, 1935 , the said ballroom forming part of the said premises), *[that the *special event *private function *dance in relation to which this order is sought is one at which a substantial meal (the price (if any) of which is included in the price (if any) of admission to the event) will be served to the persons attending it],

*(that the special occasions is the occasion of a dance to be held in the said ballroom on a day that, in the opinion of the Court, is a day of special festivity *generally *in the locality in which the premises are situate).

THIS ORDER IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS—that intoxicating liquor shall not be sold at the event to which it relates during the hours specified in this order to persons other than those attending the event and that members of the public, other than persons attending the event, shall not be admitted to the part of the premises in which intoxicating liquor is being supplied or consumed pursuant to this order, and

that the special event, private function or dance in relation to which this order is granted shall be held in compliance with the relevant provisions of subsection (S) of section S of the Intoxicating Liquor Act, 1927 (as inserted by section 12 (1) of the Intoxicating Liquor Act, 1962 ).

Dated this

day of

19

.

Signed

........................................................

Judge of the District Court

*Delete whichever inapplicable

No. 72.1

O.72,r.1 (3)

INTOXICATING LIQUOR ACT, 1927

Section 4

INTOXICATING LIQUOR ACT, 1960

Section 10

INTOXICATING LIQUOR ACT, 1962

Section 15

NOTICE OF APPLICATION FOR A GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PUBLIC

MARKET OR FAIR

District Court Area of

District No.

.....................................................................................................................................................

Applicant

TAKE NOTICE that

...........................................................................................................

of

.....................................................................................................................................................

the holder of an on-licence in respect of the premises

..............................................................

situate at

...................................................................................................................................

in court area and district aforesaid,

which said premises are situated in the vicinity of a PUBLIC MARKET OR FAIR, to wit:—

intends to apply to the Court at

...................................................................................................

on the day of 19 at .m. for a GENERAL EXEMPTION ORDER exempting the applicant from the provisions of the Intoxicating Liquor Act, 1927 , relating to prohibited hours in respect of the said premises on the following days and during the following hours to wit:—

Dated this

day of

19

.

Signed

.........................................................

Applicant or Solicitor for the Applicant

To the Superintendent of the Garda Síochána,

at

No. 72.2

O.72, r.1 (3)

INTOXICATING LIQUOR ACT, 1927

Section 4

INTOXICATING LIQUOR ACT, 1960

Section 10

INTOXICATING LIQUOR ACT, 1962

Section 15

NOTICE OF APPLICATION FOR A GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PLACE AT WHICH A CONSIDERABLE NUMBER OF PERSONS ARE FOLLOWING A LAWFUL TRADE OR CALLING

District Court Area of

District No.

...................................................................................................................................................

Applicant

TAKE NOTICE that

...........................................................................................................

of

.......................................................................................................................................................

the holder of an on-licence in respect of the premises

...................................................................,

situate at

.............................................................................................................................................

in court area and district aforesaid,

which said premises are situated in the vicinity of a place at which a considerable number

of persons are following the lawful trade or calling of

.....................................................................

intends to apply to the Court at

...................................................................................................

on the day of 19 at .m. for a GENERAL EXEMPTION ORDER exempting the Applicant from the provisions of the Intoxicating Liquor Act, 1927 ,

relating to prohibited hours in respect of the said premises on every weekday between the hours of and

Dated this

day of

19

.

Signed

.........................................................

Applicant or Solicitor for the Applicant

To the Superintendent of the Garda Síochána,

at

No. 72.3

O.72, r.1 (6)

INTOXICATING LIQUOR ACT, 1927 Section 4

INTOXICATING LIQUOR ACT, 1960 Section 10

INTOXICATING LIQUOR ACT, 1962 Section 15

GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PUBLIC MARKET OR FAIR

District Court Area of

District No.

THE COURT HEREBY GRANTS to

....................................................................................

of

.............................................................................................................................................................

the holder of an on-licence in respect of the premises

....................................................................

situate at

...................................................................................................................................................

in court area and district aforesaid,

which said premises are situated in the vicinity of a PUBLIC MARKET OR FAIR, to wit:-

this GENERAL EXEMPTION ORDER exempting the Applicant from the provisions of the Intoxicating Liquor Act, 1927 relating to prohibited hours in respect of the said premises on the following days and during the following hours, to wit:-

subject to the following conditions and restrictions:-

1. This General Exemption Order shall continue in force and effect until the date of the next Annual Licensing Court for said court area or the sooner termination thereof by course of law.

2. The holder hereof shall during every period of said exemption supply on said premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

3. The holder hereof is hereby required during every period of exemption to keep affixed on the outside of the said premises a notice in legible letters in the form in the Schedule on the back hereof.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That due notice of the application for this order was served upon the officer in charge of the Garda Síochána for the licensing area,

and, after hearing such officer,

2. That it is necessary and desirable to grant this Order for the accommodation of a considerable number of persons attending the said public market or fair.

Dated this

day of

19

.

Signed

.........................................................

Judge of the District Court

SCHEDULE

NOTICE

LICENSING ACTS, 1833 TO 1988

A General Exemption Order has been granted to the holder of the on-licence in respect of these premises exempting the said holder from the provisions of the above Acts relating to prohibited hours on every week-day between the hours of

and

for the accommodation of a considerable number of persons attending a public market

or fair, to wit,

in the vicinity of these premises.

The licence holder is bound during every period of exemption to supply on these premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

No. 72.4

O.72, r.1 (6)

INTOXICATING LIQUOR ACT, 1927

Section 4

INTOXICATING LIQUOR ACT, 1960

Section 10

INTOXICATING LIQUOR ACT, 1962

Section 15

GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PLACE AT WHICH A CONSIDERABLE NUMBER OF PERSONS ARE FOLLOWING A LAWFUL TRADE OR CALLING

District Court Area of

District No.

THE COURT HEREBY GRANTS to

................................................................................................

of

.........................................................................................................................................................................,

the holder of an on-licence in respect of the premises

..............................................................................

situate at

.............................................................................................................................................................

in court area and district aforesaid,

which said premises are situated in the vicinity of a place at which a considerable number of persons are following the lawful trade or calling of

this GENERAL EXEMPTION ORDER exempting the Applicant from the provisions of the Intoxicating Liquor Act, 1927 , relating to prohibited hours in respect of I the said premises on every weekday between the hours of and

subject to the following conditions and restrictions:-

1. This General Exemption Order shall continue in force and effect until the date of the next Annual Licensing Court for said court area or the sooner termination thereof by course of law.

2. The holder hereof shall during every period of said exemption supply on said premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

3. The holder hereof is hereby required during every period of exemption to keep affixed on the outside of the said premises a notice in legible fetters in the form in the Schedule on the back hereof.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That due notice of the application for this order was served upon the officer in charge of the Garda Siochana for the licensing area,

and, after hearing such officer,

2. That it is necessary and desirable to grant this Order for the accommodation of a considerable number of persons following the lawful trade or calling of

Dated this

day of

19

.

Signed

......................................................

Judge of the District Court

SCHEDULE

NOTICE

LICENSING ACTS, 1833 TO 1988

A General Exemption Order has been granted to the holder of the on-licence in respect of these premises exempting the said holder from the provisions of the above Acts relating to prohibited hours on every week-day between the hours of

and

for the accommodation of a considerable number of persons following the lawful trade or calling of

in the vicinity of these premises.

The licence holder is bound during every period of exemption to supply on these premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

No. 73.1

O.73, r.1 (5)

INTOXICATING LIQUOR ACT, 1962

Section 10

EXEMPTION ORDER FOR SPECIAL EVENT

District Court Area of

District No.

THE COURT HEREBY GRANTS to

.................................................................................................

of

........................................................................................................................................................................,

the holder of a licence in respect of the premises situate at

......................................................................

in court area and district aforesaid, this EXEMPTION ORDER exempting the

holders of licences in the locality of such premises, namely,

..................................................................

from the provisions of the Licensing Acts relating to prohibited hours on the following days and during the following hours, to wit:-

during which period a special event, to wit:-

is being held in such locality.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That this Order has the approval of a majority of the holders of licences in respect of premises situate in the locality.

2. That a special event taking place in such locality is one during which a considerable number of persons will be likely to be attracted to such locality.

3. That it is desirable to grant this Order for the accommodation of those persons.

The Court having heard the officer in charge of the Garda SIochana for the locality and also being satisfied that due notice of the application for this order was served upon such officer.

Dated this

day of

19

.

Signed

........................................................

Judge of the District Court

No. 73.2

O.73, r.2 (3)

INTOXICATING LIQUOR ACT, 1962

Section 10

ORDER REVOKING EXEMPTION FOR SPECIAL EVENT

District Court Area of

District No.

THE COURT HEREBY REVOKES the EXEMPTION ORDER granted by the

Court on the

day of

19

to ..................................

of

..............................................

the holder of a licence in respect of the premises situate at

.................................................................

which exemption order exempted the holders of licences in the locality of such premises,

namely,

................................................................................................................................................

from the provisions of the Licensing Acts relating to prohibited hours on the following days and during the following hours, to wit-

during which period a special event to wit-

is being held in such locality,

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

that the application to revoke the Order had the approval of a majority of the holders of on-licences in respect of premises situate in the locality in respect of which the exemption order was made.

Dated this

day of

19

.

Signed

........................................................

Judge of the District Court

No. 73.3

O.73, r.3

O.74, r.3

O.75, r.3

INTOXICATING LIQUOR ACT, 1962

Section 25

AS SUBSTITUTED IN FIRST SCHEDULE OF THE COURTS

(NO. 2) ACT, 1986)

District Court Area of

District No.

I HEREBY CERTIFY that the list set out hereunder is a list of all the holders in respect of premises (in the said district court area) in the part of the said district court area to which the application relates, of licences now in force.

Dated this

day of

19

.

Signed

.......................................................

Clerk of the District Court

LIST OF PREMISES

Licence Holder

Description of Premises

No. 74.1

O.74, r.1 (6)

INTOXICATING LIQUOR ACT, 1962

Section 16

EXEMPTION ORDER FOR LICENSED BUSINESS ON SUNDAY

AFTERNOONS AND SAINT PATRICK'S DAY

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...................................................................................

of

............................................................................................................................................................

the holder of a licence (not being a six day licence) in respect of the premises situate at in court area and district aforesaid,

this EXEMPTION ORDER exempting the holders of licences in the locality of such

premises, namely,

....................................................................................................................

from the provisions of the Licensing Acts relating to prohibited hours for the period between the hours of twelve o'clock and half-past twelve o'clock in the afternoon on Sundays and Saint Patrick's Day,

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That this Order has the approval of a majority of the holders of licences in respect of premises situate in the locality,

2. That owing to circumstances in the locality it is desirable to grant this Order,

3. That due notice of the application for this Order was served upon the officer in charge of the Garda Siochana for the locality.

This Order shall remain in force/until the day of 19 / — (or)/until

the date of the next Annual Licensing Court for the locality/whichever is the earlier.

Dated this

day of

19

.

Signed

.......................................................

Judge of the District Court

No. 74.2

O.74, r.2 (5)

INTOXICATING LIQUOR ACT, 1962

Section 16 (5)

ORDER REVOKING EXEMPTION FOR LICENSED BUSINESS ON

SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY

District Court Area of

District No.

THE COURT HEREBY REVOKES the EXEMPTION ORDER granted by the

Court on the

day of

19

to

...........................................................

of

...................................................................................................................................................................

the holder of a licence in respect of premises situate at

...................................................................

in court area and district aforesaid,

which exemption order exempted the holders of licences in the locality of such premises,

namely,

...................................................................................................................................

from the provisions of the Licensing Acts relating to prohibited hours for the period between the hours of twelve o'clock and half-past twelve o'clock in the afternoon on Sundays and Saint Patrick's Day,

THE COURT after hearing the person to whom such exemption order was granted AND BEING SATISFIED-

1. That due notice of the application for this Order was served upon the officer in charge of the Garda Síochána for the locality.

2. That it is desirable to revoke such order

Dated this

day of

19

.

Signed

.........................................................

Judge of the District Court

No. 75.1

O.75, r.1 (6)

INTOXICATING LIQUOR ACT, 1962

Section 17

ORDER PERMITTING THE OPENING AND KEEPING OPEN OF

PREMISES FOR UNLICENSED BUSINESS ON SUNDAY MORNINGS

AND SAINT PATRICK'S DAY

District Court Area of

District No.

THE COURT HEREBY GRANTS to

................................................................................................

of

.......................................................................................................................................................................

the holder of a licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Licensing (Ireland) Act, 1902) in respect of the premises situate at

................................................................................................................................................................................

in court area and district aforesaid,

this ORDER PERMITTING the holders of licences in the locality of such premises,

namely,

...................................................................................................................................

to open or keep open their premises for the purpose of carrying on any business other than the sale or supply of intoxicating liquor during the period from .m. to

.m. (being a period not exceeding forty-five minutes in duration) on the mornings of Sundays and Saint Patrick's Day,

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That this order has the approval of a majority of the holders of such licences in respect of premises situate in the locality

2. That owing to the circumstances in the locality it is desirable to make this order.

3. That due notice of the application for this Order was served upon the officer in charge of the Garda Síochána for the locality.

This order shall remain in force/until the day of 19 /(or) /until

the date of the next Annual Licensing Court for the locality/whichever is the earlier.

Dated this

day of

19 .

.

Signed

......................................................

Judge of the District Court

No. 75.2

O.75, r.2 (5)

INTOXICATING LIQUOR ACT, 1962

Section 17 (5)

ORDER REVOKING AN ORDER PERMITTING PREMISES TO OPEN OR KEEP OPEN FOR UNLICENSED BUSINESS ON SUNDAY MORNINGS AND SAINT PATRICK'S DAY

District Court Area of

District No.

THE COURT HEREBY REVOKES the order granted by the Court on the day

of 19 to

.............................................................................................................

of

.......................................................................................................................................................................

the holder of a licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Licensing (Ireland) Act, 1902) in respect of the premises situate at

.........................................................................................................................................................

in court area and district aforesaid,

PERMITTING the holders of licences in the locality of such premises, namely,

..............................

..........................................................................................................................................................

to open or keep

open their premises for the purpose of carrying on any business other than the sale or supply of intoxicating liquor during the period from .m. to .m. (being a period not exceeding forty-five minutes in duration) on the mornings of Sundays and Saint Patrick's Day,

THE COURT after hearing the person to whom such order was granted AND BEING SATISFIED-

1. That due notice of the application for this Order was served upon the officer in charge of the Garda Síochána for the locality

2. That it is desirable to revoke such order.

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

No. 76.1

O.76, r.1 (3)

INTOXICATING LIQUOR ACT, 1962

SECTION 11 (AS AMENDED)

OCCASIONAL LICENCE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

........................................................................................

of

.....................................................................................................................................................................

the holder of an on-licence in respect of the premises

..........................................................................

situate at

...........................................................................................................................................................

this OCCASIONAL LICENCE authorising the sale of intoxicating liquor at

.......................................................

........................................................................................................

in court area and district aforesaid, being a

place to which no licence for the sale of intoxicating liquor is attached, between the hours of .m. on the day of 19 and .m. on the day of 19 on the occasion of

subject to the restrictions contained in section 11 of the Intoxicating Liquor Act, 1962

THE COURT BEING SATISFIED that due notice of the application for the licence was served upon the officer in charge of the Garda Síochána for the locality to which this licence relates.

Dated this

day of

19

.

Signed..............................................................

Judge of the District Court

No. 77.1

O.77, r.1 (3)

FORM OF ENDORSEMENT OF AD INTERIM TRANSFER OF LICENCE

District Court Area of

District No.

THE COURT, pursuant to section 1 of the Public Houses (Ireland) Act, 1855 (as applied to off-licences by section 29 of the Intoxicating Liquor Act, 1960 ) HEREBY

TRANSFERS the within licence from

.......................................................................................

to

..................................................................................................................................................................

until the next sitting of the Annual Licensing Court to be held next after the expiration of one month from the date hereunder.

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court

No. 77.2

O.77, r.3 (2)

INTOXICATING LIQUOR ACT, 1960

Section 30

NOTICE OF APPLICATION FOR AD-INTERIM TRANSFER OF A LICENCE TO PERSON OTHER THAN THE OWNER

District Court Area of

District No.

....................................................................................................................................................................

Applicant

TAKE NOTICE that

................................................................................................................

of

............................................................................................................................................................

intends to apply to the Court at

.........................................................................................................

on the day of 19 at .m. for an AD INTERIM TRANSFER of

the licence attached to the premises situate at

..................................................................................

.......................................................................................................

in court area and district aforesaid

from

................................................................................................................................................

of

...................................................................................................................................................

(who for reasons other than death, transfer of the premises or forfeiture of the licence has ceased to carry on the business authorised by the licence)

to

...................................................................................................................................................

of

..................................................................................................................................................

Dated this

day of

19

.

Signed............................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

No. 77.3

O.77, r.3 (2)

INTOXICATING LIQUOR ACT, 1960

Section 30

NOTICE OF APPLICATION FOR A CERTIFICATE FOR THE RENEWAL OF A LICENCE IN CASES WHERE THE OWNER HAS CEASED TO CARRY ON BUSINESS

District Court Area of

District No.

....................................................................................................................................................................

Applicant

TAKE NOTICE that

.................................................................................................................

of

............................................................................................................................................................

intends to apply to the Court at

.......................................................................................................

on the day of 19 at .m. for a certificate for the RENEWAL

of the * licence attached to the premises situate at

...........................................................................

.....................................................................................................

in court area and district aforesaid,

which licence expired on the day of 19 and the holder of such licence has ceased, for reasons other than death, transfer of the premises or forfeiture of the licence, to carry on the business authorised by the licence.

Dated this

day of

19

.

Signed..............................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

* Describe nature of licence

No. 77.4

O.77, r.3 (4)

FORM OF ENDORSEMENT OF AD-INTERIM TRANSFER OF LICENCE

(to person other than the owner)

District Court Area of

District No.

THE COURT, pursuant to sub-section 1 (a) of section 30 of the Intoxicating Liquor

Act, 1960, HEREBY TRANSFERS the within licence from

....................................................................

to

........................................................................................................................................................................

*(until the next sitting of the Annual Licensing Court to be held next after the expiration of one month from the date hereunder)

*(until the sitting of the Annual Licensing Court to be held on the day of 19 .

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

* Delete whichever inapplicable

No. 77.5

O.77, r.3 (5)

O.80, r.8

INTOXICATING LIQUOR ACT, 1960

Section 30 (1) (b)

COURTS (No. 2) ACT, 1986

Section 4

CERTIFICATE FOR RENEWAL OF LICENCE

District Court Area of

District No.

UPON HEARING AN APPLICATION made by

.............................................................................

of

.........................................................................................................................................................................

for a certificate for the renewal of the *

.........................................................................................................

licence in respect of the premises

...................................................................................................................

situate at

......................................................................................................

in court area and district aforesaid,

THE COURT HEREBY GRANTS to the applicant

THIS CERTIFICATE certifying to the good character of the said applicant † (and to the peaceable and orderly manner in which the said premises were conducted in the past year).

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

* Describe nature of licence

† Delete where no business has been carried on in the premises at any time during the past year.

No. 78.1

O.78, r.1 (3)

FORM OF ENDORSEMENT OF TRANSFER OF LICENCE HELD BY NOMINEE

District Court Area of

District No.

THE COURT, pursuant to section 28 of the Intoxicating Liquor Act, 1960 HEREBY

TRANSFERS the within licence from

.............................................................................................

to

...........................................................................................................................................................

being the person nominated by the body corporate to wit:-

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

No. 79.1

O.79, r.5

LICENSING (IRELAND) ACT, 1833

Section 6

INTOXICATING LIQUOR ACT, 1960

Section 29

CERTIFICATE OF TRANSFER OF A LICENCE

District Court Area of

District No.

I,

..............................................................................................

Clerk of the District Court for the court area

aforesaid do hereby certify that

.....................................................................................................

of

...........................................................................................................................................................

is entitled to receive a *

licence

in respect of the premises situate at †

.................................................................................................

in court area and district aforesaid.

Dated this

day of

19

.

Signed..............................................................

Clerk of the District Court for the

court area aforesaid

* Describe nature of licence

† Describe premises and situation thereof specifying townland, or if in a town the street and the number of the premises and County.

No. 80.1

O.80, r.3 (1)

COURTS (No. 2) ACT, 1986

Section 4

NOTICE OF OBJECTION TO RENEWAL OF INTOXICATING LIQUOR LICENCE

District Court Area of

District No.

......................................................................................................................................................................

Objector

TAKE NOTICE that the above-named objector, of

.....................................................................

will object at the sitting of the District Court to be held at

....................................................................

on the day of 19 at a.m./p.m. to the RENEWAL of the

*

licence attached to the premises situate at

..................................................

in court area and district aforesaid on the following grounds:-

Dated this

day of

19

.

Signed............................................................

Objector/Solicitor for Objector

To

of

(the holder of the licence attached to the above premises).

* Describe nature of licence

No. 80.2

O.80, r.4

COURTS (No. 2) ACT, 1986

Section 4

NOTIFICATION OF THE LODGMENT OF A NOTICE OF OBJECTION TO THE RENEWAL OF AN INTOXICATING LIQUOR LICENCE

District Court Area of

District No.

YOU ARE HEREBY NOTIFIED that

.........................................................................................

of

.................................................................................................................................................................

has lodged a notice of objection to the renewal of the *

licence attached to the premises situate at

..........................................................................................

in court area and district aforesaid.

The holder of the licence attached to the said premises is

...................................................................

of

..................................................................................................................................................................

and the objection has been listed for (hearing at) the sitting of the District Court to be

held at

.......................................................................................

on the day of 19

at a.m./p.m.

RENEWAL OF SUCH LICENCE SHOULD NOT BE GRANTED RENDING THE DECISION OF THE COURT UPON SUCH OBJECTION.

Dated this

day of

19

.

Signed............................................................

Clerk of the District Court

To the Collector of Customs and Excise,

at

................................................................................................................................................

(and)

(To the Superintendent of the Garda Síochána,

at

.................................................................................................................................................)

* Describe nature of licence

No. 80.3

O.80, r.5 (1)

ORDER ON HEARING OBJECTION TO THE RENEWAL OF INTOXICATING LIQUOR LICENCE

District Court Area of

District No.

...................................................................................................................................................

Objector

....................................................................................................................................................

Licence Holder

UPON THE HEARING by the Court on the day of 19of an objection by the above-named objector of

to the renewal by an officer of the Revenue Commissioners of the *

licence attached to the premises situate at

in court area and district aforesaid, made on the grounds that-

the Licence holder of which premises is ,

of

† THE COURT ORDERED on the day of 19 that the said

objection

† BE ALLOWED

† BE DISALLOWED.

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

* Describe nature of licence

† Delete whichever inapplicable

No. 80.4

O.80, rr.5 (3), 8

LICENSING ACTS, 1833 TO 1988

COURTS (No. 2) ACT, 1986

Section 4

CERTIFICATE FOR RENEWAL OF LICENCE

District Court Area of

District No.

THE COURT HEREBY GRANTS TO

of

the holder of a *

licence attached

to the premises

situate at

in court area and district aforesaid,

THIS CERTIFICATE certifying to the good character of the said licence holder and to the peaceable and orderly manner in which the said licensed premises were conducted in the past year;

(Add the following recital where the premises are in a holiday camp)

and to the orderly manner in which the holiday camp (within the meaning of Chapter III of Part V1 of the Tourist Traffic Act, 1952 ) in which the said premises are situate was conducted in the past year:

(Add the following condition where the certificate is for the renewal of a six-day licence)

It shall be a condition of this certificate that the said licence holder shall keep the said licensed premises closed during the whole of Sunday;

(Add the following condition where the certificate is for the renewal of an early closing licence)

It shall be a condition of this certificate that the said licence holder shall close the said licensed premises one hour earlier at night than that at which such premises would otherwise have to be closed.

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court

* Describe nature of licence

No. 82.1

O.80, r.1

REGISTER OF LICENCES

District Court Area of

District No.

Description and Situation of Licensed Premises

Date and Description of Licence

Name and Address of Licence Holder

Name and Address of the Owner of the Premises to which Licence is attached

(e.g. Grant,

Dates of all Certificates given by Judge of the District Court and purpose for which given of Premises and Transfer or Renewal of Licence) and Dates of renewal of licence by officer of the Revenue Commissioners.

Record of Convictions, Forfeiture of Licence, Disqualification

Orders of Exemption.

No. 82.2

O.82, r.2

NOTICE DESCRIBING LICENSED PREMISES

District Court Area of

District No.

Name of Licence Holder

....................................................................................................................................

(Full Christian names and Surname should be given)

Address

..............................................................................................................................................................

Description and Location of the House or Premises at which intoxicating liquors are

licensed to be sold

............................................................................................................................................

Name of Owner of Premises

..........................................................................................................................

(Full Christian names and Surname should be given)

Address of Owner of Premises

.....................................................................................................................

I hereby certify that the foregoing particulars are correct.

Signature of Licence Holder

...........................

Dated...........................day of..................................19

To the Clerk of the District Court,

at

........................................................

No. 83.1

O.83, r.3 (1),4 (1)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

APPLICATION FOR † (RENEWAL OF) CERTIFICATE OF REGISTRATION

District Court Area of

District No.

.............................................................................................................................................................

Applicant

I

.................................................................................

of

................................................................

Secretary of

................................................................................................

Club whose premises

are situated at

..................................................................................................................................

in court area and district aforesaid,

hereby apply for a † (renewal of the) Certificate of Registration of the above mentioned Club.

The object of the said Club is

.........................................................................................................................

..............................................................................................................................................................................................

..............................................................................................................................................................................................

I enclose the following documents-

( a ) A certificate signed by two Peace Commissioners *(and by the owner of the premises).

( b ) Two copies of the Club Rules.

( c ) A list of the NAMES IN FULL (not initials) and addresses of the officials and Committee of Management or governing body of the Club.

( d ) A list of the names of the members of the Club.

( e ) The prescribed Court fee.

Dated this

day of

19

.

Signed.........................................................................

Secretary of the above Club

Club Solicitors............................................................

To the Registrar of Clubs,

District Court Office,

at

.................................

† Delete if not required

* Delete where premises are owned by Club

No. 83.2

O.83, r.4 (3) (c)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

CERTIFICATE TO ACCOMPANY APPLICATION FOR † (RENEWAL OF)

CERTIFICATE OF REGISTRATION

District Court Area of

District No.

We, Peace Commissioners for

.........................................................................................................................

*(and I,

.............................................................................................................................................

owner of the

premises occupied by the Club hereinafter mentioned)

hereby certify that, to the best of our knowledge and belief, the

.......................................................................

Club designated in the accompanying application has been and is to be conducted as a bona fide Club, and not mainly for the supply of excisable liquor.

Signed

.......................................................................

Peace Commissioner

Address ..........................................................................

Date .................................................................................

Signed .............................................................................

Peace Commissioner

Address .........................................................................

Date

.......................................................................

*Signed ..........................................................................

Owner of Club Premises

Address ..........................................................................

Date .................................................................................

† Delete if not required

* Delete where premises is owned by Club

No. 83.3

O.83, r.3 (1),4 (6)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

NOTICE OF LODGMENT OF APPLICATION FOR † (RENEWAL OF)

CERTIFICATE OF REGISTRATION

District Court Area of

District No.

TAKE NOTICE that application for † (renewal of) a Certificate of Registration under

the provisions of the above Acts of a certain club, styled

....................................................................................

and occupying premises at

........................................................................................................................................

in (court area) and district aforesaid,

has been lodged with me.

(Current Certificate expires on

.................................................................................................................................)

Copy of Club Rules is enclosed herewith.

Dated this

day of

19

.

Signed.....................................................................

Registrar of Clubs

To the Superintendent of the Garda Síochána,

at

†Deleteif not required

No. 83.4

O.83, r.3 (3),5,7 (5)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

CERTIFICATE OF REGISTRATION

District Court Area of

District No.

I, the undersigned Registrar of Clubs, hereby certify that

the

Club,

whose premises are situate at

in court area and district aforesaid, is registered under the Registration of Clubs Acts, 1904 to 1988.

Subject to the provisions of the said Acts, this certificate shall remain in force until the Annual Licensing Court for the said Court area held next after the grant of the application for this certificate, and shall then expire.

Application for its renewal must be made not later than twenty-one days prior to the date of such Annual Licensing Court.

Given under me hand this

day of

19

.

Signed..........................................................................

Registrar of Clubs

No. 83.5

O.83, r.7 (3)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

NOTICE OF OBJECTION TO THE GRANT/RENEWAL OF CERTIFICATE OF

REGISTRATION

TAKE NOTICE that I

.........................................................................................................................................

of

...................................................................................................................................................................................

OBJECT to the grant/renewal of a certificate of registration in respect of the

..........................................................................

Club situate at

...........................................................................

........................................................................................................................................

on the following grounds-

Dated this

day of

19

.

Signed.......................................................................

Registrar of Clubs

To the Registrar of Clubs,

District Court Office.

at

.........................................

To the Secretary of the above-named Club,

at

................................................................

No. 83.6

O.83, r.7 (4)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

NOTICE OF HEARING OF OBJECTION

District Court Area of

District No.

TAKE NOTICE that the hearing of the objection lodged by

...............................................................

of

...............................................................................................................................................................................

to the grant of a renewal of the certificate of registration in respect of the

...................................................

................................................................

Club whose premises are situate at

..............................................

.........................................................................................

in court area and district aforesaid, will take place at

the sitting of the District Court to be held at

...........................................................................................

on the

day of 19 at a.m./p.m.

Dated this

day of

19

.

Signed.....................................................................

Registrar of Clubs

To

of

To the Secretary of the above-named Club,

of

(To the Superintendent of the Garda Síochána,

at

)

No. 83.7

O.83, r.10 (3)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

INTOXICATING LIQUOR (GENERAL) ACT, 1924

SECTION 21 (AS AMENDED)

CLUB AUTHORISATION

District Court Area of

District No.

THE COURT HEREBY GRANTS to

....................................................................................................................

Secretary of

..............................................................................................................................................

Club

being a Club duly registered under the above Acts, and whose premises are situate

at

...................................................................................................................................................................................

in court area and district aforesaid,

THIS AUTHORISATION, authorising such club, notwithstanding the provisions contained in its rules pursuant to the above Acts, to supply excisable liquors to members of

the Club during the period following, to wit

.........................................................................................................

............................................................................................................................................................................................

being a period during which such supply of excisable liquors would be prohibited by the rules of the Club.

Dated this

day of

19

.

Signed...........................................................................

Judge of the District Court

No. 83.8

O.83, r.11 (3)

REGISTRATION OF CLUBS ACTS, 1904 TO 1988

INTOXICATING LIQUOR ACT, 1962

Section 14

CLUB AUTHORISATION FOR SPECIAL EVENT

District Court Area of

District No.

THE COURT HEREBY GRANTS to

...............................................................................................................

Secretary of the

.......................................................................................................................

Club, being a

Club duly registered under the above Acts, the main object of which is

...................................................

..........................................................................................................................................................................................

and whose premises are situate at

.......................................................................................................................

in court area and district aforesaid,

THIS AUTHORISATION, authorising such club, notwithstanding the provisions contained in its rules pursuant to the above Acts, to sell or supply excisable liquor to any person for consumption in the buildings or grounds of the Club on the following days

and during the following hours, to wit

..............................................................................................................

during which period a special event, to wit

....................................................................................................

is being held in the Club.

Dated this

day of

19

.

Signed.....................................................................

Judge of the District Court

No. 84.1

O.84,r.5 (1)

CHILD CARE ACT, 1991

Section 12 (4)

NOTICE OF APPLICATION FOR AN EMERGENCY CARE ORDER

(where child is in custody of health board)

District Court Area of

District No.

In the matter of

...................................................................................................................................

a child

Name (if known) or description

...............................................................................................................................................................

Applicant

of

.............................................................................................................................................................................

..........................................................................................................................................................

Respondent

of

............................................................................................................................................................................

WHEREAS the child *named* described above, who *is *appears to be aged

.............................

years, having been born *(so far as has been ascertained) on the

.............................................................

day of

....................................................

19 and who resides at

..................................................

*(in said court district) WAS DELIVERED UP to the custody of the applicant health board on the day of 19 by a member of the Garda Síochána under section 12 (3) of the above-mentioned Act (the said member having removed the

child to safety) from

...............................................................................................................................................

in accordance with section 12 (1) of the Act) and is now in the custody of the applicant in the said court district,

TAKE NOTICE that the applicant will make application under section 12 (4) of the

Act at the sitting of the District Court to be held at

...........................................................................................

on the day of 19 at a.m./p.m. for an emergency care order placing the child under the care of the applicant for a period not exceeding eight days *(and for directions under section 13 (7) of the Act).

Dated this

day of

19

.

Signed.......................................................................

Solicitor for applicant

To.....................................................

of

................................................

............................................................

the above-named respondent

* Delete words inapplicable

No. 84.2

O.84 r.5 (1)

CHILD CARE ACT, 1991

Section 13 (1)

NOTICE OF APPLICATION FOR AN EMERGENCY CARE ORDER

(where child is not in custody of health board)

District Court Area of

District No.

In the matter of

...................................................................................................................................

a child

Name (if known) or description

..............................................................................................................................................................

Applicant

of

...........................................................................................................................................................................

........................................................................................................................................................

Respondent

of

...........................................................................................................................................................................

WHEREAS the child *named* described above, who *is *appears to be aged

.................................

years, having been born *(so far as has been ascertained) on the

.................................................................

day of

..........................................

19....and who *resides *is for the time being at

.....................

..........................................................................................................................................................................................

in the functional area of the applicant health board and in said court district,

AND WHEREAS the applicant believes that there is an immediate and serious risk to the health or welfare of the child which necessitates his/her being placed in the care of the applicant,

TAKE NOTICE that the applicant will make application under section 13 (1) of the

above-mentioned Act at the sitting of the District Court to be held at

.........................................................

on the day of 19 at a.m./p.m. for an emergency care order placing the child under the care of the applicant for a period not exceeding eight days *(and for directions under section 13 (7) of the Act).

Dated this

day of

19

.

Signed..................................................................

Solicitor for applicant

To

...........................................

of

.................................................

............................................................

the above-named respondent

* Delete words inapplicable

No. 84.3

O.84, r.6 (2)

CHILD CARE ACT, 1991

Section 13 (1)

EMERGENCY CARE ORDER

(where child is in custody of health board)

District Court Area of

District No.

In the matter of

..................................................................................................................................

a child

Name (if known) or description

...............................................................................................................................................................

Applicant

of

.....................................................................................................................................................

..........................................................................................................................................................

Respondent

of

.....................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant under section 12 (4) of the above-mentioned Act for an emergency care order in respect of the child *named *described above, who appears to the Court to be aged .......... years, having been born *(as far as has been ascertained) on the .......... day of ....................... 19......

and who resides at

................................................................................................................................................

*(in the said court district) and who was delivered up to the custody of the applicant health board on the ..... day of ................. 19..... by a member of the Garda Síochána under section 12 (3) of the Act and who is now in the custody of the applicant in the said court district,

THE COURT *(being satisfied that notice of the application was duly served upon the respondent,)

having heard the evidence tendered herein,

being of opinion that there is reasonable cause to believe that there is likely to be an immediate and serious risk to the health/welfare of the child if the child is removed from the place where he/she is for the time being, and

being satisfied that the welfare of the child requires that this order be made,

HEREBY ORDERS that the child *named *described above be placed under the care of the applicant health board for the period of ........ days (being a period not exceeding eight days) from the date hereof;

*(AND DIRECTS under section 13 (7) (a) of the Act as follows:—

).

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court

*(for the said district).

* Delete words inapplicable

No. 84.4

O.84, r.6 (2)

CHILD CARE ACT, 1991

Section 13 (1)

EMERGENCY CARE ORDER

(where child is not in custody of health board)

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

Name (if known) or description

..................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

.............................................................................................................................................................

Respondent

of

...................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant under section 13 (1) of the above-mentioned Act for an emergency care order in respect of the child *named *described above, who appears to the Court to be aged.............years, having been born *(so far as has been ascertained) on the..........day of .......................19................

and who *resides *is for the time being at

........................................................................................................

in the functional area of the applicant health board and in the said court district,

THE COURT *(being satisfied that notice of the application was duly served upon the respondent,)

having heard the evidence tendered herein,

being of opinion that there is reasonable cause to believe that there is likely to be an immediate and serious risk to the health/welfare of the child which necessitates his/her being placed in the care of a health board, and

being satisfied that the welfare of the child requires that this order be made,

HEREBY ORDERS that the child *named *described above be placed under the care of the applicant health board for the period of ..........days (being a period not exceeding eight days) from the day upon which the child is delivered into the custody of that board;

*(AND DIRECTS under section 13 (7) (a) of the Act as follows:—

).

Dated this..............

day of...................

19.............

Signed....................................................................

Judge of the District Court

*(for the said district).

* Delete words inapplicable

No. 84.5

O.84, r.6 (3)

CHILD CARE ACT, 1991

Section 13 (3)

WARRANT TO EXECUTE AN EMERGENCY CARE ORDER

District Court Area of

District No.

In the matter of

........................................................................................................................................

a child

Name (if known) or description

......................................................................................................................................................................

Applicant

of

............................................................................................................................................................

.................................................................................................................................................................

Respondent

of

..........................................................................................................................................................

WHEREAS upon application made to-day by the above-named applicant under section 13 (1) of the above-mentioned Act for an order in respect of the child *named *described above, who appears to the Court to be aged ....... years, having been born*(as far as has been ascertained) on the ....... day of ................ 19....,

THE COURT made an emergency care order placing the said child under the care of the applicant health board for the period of .......... days,

AND the child not being in the custody of the applicant,

THIS IS TO AUTHORISE YOU,

...............................................................................................................

a member of the Garda Síochána, of

................................................................................................................

accompanied by such other members of the Garda Síochána or such other persons as

may be necessary, to enter (if need be by force) the †

.........................................................................................

at

....................................................................................................................................................................................

in the said court district, where the child to whom the order relates is or where there are reasonable grounds for believing that he/she is and to deliver the child into the custody of the above-named health board.

Dated this..............

day of...................

19.............

Signed..............................................................

Judge of the District Court

*(for the said district).

To

.............................................................................................

of

.............................................................................................

the above-named member of the Garda Síochána.

* Delete words inapplicable

† Name the house or other place as set out in section 13 (3) of the Act.

No. 84.6

O.84, r.7 (1)

CHILD CARE ACT, 1991

NOTICE OF APPLICATION FOR DIRECTIONS

(under section 13 (7) (a) of the Act)

District Court Area of

District No.

In the matter of

....................................................................................................................................

a child

Name (if known) or description

.................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

...........................................................................................................................................................

Respondent

of

.......................................................................................................................................................

WHEREAS on the application of the ...................... Health Board, made under section *12 (4) *13 (1) of the above-mentioned Act, this Court on the .... day of ........... 19...., made an emergency care order placing the child *named *described above under the care of that board for a period of ....... days,

TAKE NOTICE that the applicant herein will make application at the sitting of the

District Court to be held at

...................................................................................................................................

on the ...... day of ........... 19..... at ....... a.m./p.m. for the Court's directions under section 13 (7) (a) of the Act with respect to:—

Dated this..............

day of..................

19.............

Signed...............................................................

Applicant

To

....................................................................

of

....................................................................

To

....................................................................

of

....................................................................

the above-named respondents)

* Delete words inapplicable

No. 84.7

O.84, r.7 (1)

CHILD CARE ACT, 1991

DIRECTIONS UNDER SECTION 13 (7) (A) OF THE ACT

District Court Area of

District No.

In the matter of

........................................................................................................................................

a child

Name (if known) or description

......................................................................................................................................................................

Applicant

of

....................................................................................................................................................................

................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS ON APPLICATION by the ............. Health Board, made under Section *12 (4) *13 (1) of the above-mentioned Act, the Court on the ....... day of ............ 19... made an emergency care order placing the child *named *described above, under the care of that health board for the period of ,............. days,

NOW, THE COURT on the application of the above-named applicant under section 13 (7) (a) of the Act for directions in relation to the said child,

being satisfied that notice of the application was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY DIRECTS under the said section 13 (7) as follows:—

Dated this..............

day of...................

19.............

Signed............................................................

Judge of the District Court

*(for said court district)

* Delete words inapplicable

No. 84.8

O.84, r.7 (2)

CHILD CARE ACT, 1991

NOTICE OF APPLICATION TO *VARY *DISCHARGE A DIRECTION

(under section I3 (7) (b) of the Act)

District Court Area of

District No.

In the matter of

..........................................................................................................................................

a child

Name (if known) or description

......................................................................................................................................................................

Applicant

of

.................................................................................................................................................................

................................................................................................................................................................

Respondent

of

................................................................................................................................................................

WHEREAS on the application of the ................... Health Board, made under section *12 (4) *13 (1) of the above-mentioned Act, this Court on the ..... day of .................. 19...., made an emergency care order placing the child *named *described above under the care of that board for a period of ........ days, '

AND WHEREAS the Court *(on the ....... day of ........... 19.... on the application of

of

..........................................................................................................................................................................)

gave directions in relation to the said child under section 13 (7) (a) of the Act,

TAKE NOTICE that the applicant herein will apply, at the sitting of the District

Court to be held at

................................................................................................................................................

on the ...... day of ............... 19.... at ....... a.m./p.m. under section 13 (7) (b) of the Act to have the direction with respect to:—

*discharged

*varied as follows:—

on the grounds that—

Dated this..............

day of...................

19.............

Signed...............................................................

Judge of the District Court

*(for said court district)

To

....................................................................

of

....................................................................

To

....................................................................

of

....................................................................

the above-named respondent(s)

* Delete words inapplicable

No. 84.9

O.84, r.7 (2)

CHILD CARE ACT, 1991

ORDER TO *VARY *DISCHARGE A DIRECTION

(under section 13 (7) (a) of the Act)

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

Name (if known) or description

...................................................................................................................................................................

Applicant

of

...............................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS ON APPLICATION by the ........... Health Board, made under section *12 (4) *13 (1) of the above-mentioned Act, the Court on the ...... day of ............. 19.... made an emergency care order placing the child *named

*described above, under the care of that health board for the period of ............ days,

AND WHEREAS THE COURT *(on the ...... day of ............. 19.... on the application

of

.............................................................................................................................................................................

of

.............................................................................................................................................................................)

gave directions in relation to

.............................................................................................................................

the said child under section 13 (7) (a) of the Act,

NOW, THE COURT on the application of the applicant herein under section 13 (7) (b) of the Act to have the direction with respect to—

*varied *discharged,

being satisfied that notice of the application was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY ORDERS that the said last-mentioned direction

*BE DISCHARGED

*BE VARIED AS FOLLOWS—

Dated this..............

day of...................

19.............

Signed..............................................................

Judge of the District Court

*(for said court district)

* Delete words inapplicable

No. 84.10

O.84, r.9 (1)

CHILD CARE ACT, 1991

Section 17 (1)

NOTICE OF APPLICATION FOR AN INTERIM CARE ORDER

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

Name (if known) or description

..................................................................................................................................................................

Applicant

of

........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS the child referred to above, who *is *appears to be aged ...... years, having been born *(so far as has been ascertained) on the ..... day of ........... 19......... *resides

*has been found at

....................................................................................................................................................

in the area of the applicant health board and in said court district,

AND WHEREAS the applicant believes that—

*the child has been or is being assaulted, ill-treated, neglected, sexually abused,

*the child's health, development or welfare has been or is being avoidably impaired or neglected,

*the child's health, development or welfare is likely to be avoidably impaired or neglected.

AND WHEREAS an application for a care order in respect of the child has been or is about to be made by the applicant,

TAKE NOTICE that the applicant wilt apply at the sitting of the District Court to be

held at

.....................................................................................................................................................................

on the .... day of ............ 19.... at ........ a.m./p.m. for an interim care order under section 17 (1) of the above-mentioned Act *placing *maintaining the child in the care of the applicant health board pending the determination of the application for the care order.

Dated this..............

day of...................

19.............

Signed...............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

the above-named respondent.

* Delete words inapplicable

No. 84.11

O.84, r.9 (1)

CHILD CARE ACT, 1991

Section 17 (1)

INTERIM CARE ORDER

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

..........................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant under section 17 (1) of the above-mentioned Act for an interim care order in respect of the above named child, who appears to the Court to be aged ......... years, having been born *(so far as has been ascertained) on the ........ day of .................. 19.... and who

*resides *has been found at

..............................................................................................................................

in the area of the applicant health board and in the said court district,

THE COURT *(being satisfied that notice of the application was duly served having heard the evidence tendered herein and being satisfied — that an application for a care order in respect of the child has been/is about to be made,

that there is reasonable cause to believe that

*the child has been/is being assaulted/ill-treated/neglected/sexually abused,

*the child's health/development/welfare has been/is being avoidably impaired/neglected,

*the child's health/development/welfare is likely to be avoidably impaired/neglected, and that it is necessary for the protection of the child's health/welfare that he/she be placed/maintained in the care of the applicant health board pending the determination of the application for the care order,

being satisfied that the welfare of the child requires that this order be made,

HEREBY ORDERS that the above-named child

.......................................................................................

be *placed *maintained in the care of the applicant health board

*[for the period of ........ days (being a period not exceeding eight days) from the date hereof

*the date upon which the child is delivered into the custody of the board]

*[for the period of ........ days (being a period exceeding eight days and the applicant and respondent consenting to such period) from *the date hereof *the date upon which the child is delivered into the custody of that board]

*(AND FURTHER ORDERS that the directions already given under section 13 (7) of the Act in respect of the said child shall remain in force *(subject to the following variation(s))—

[AND DIRECTS under section 13 (7) of the Act as follows:—

]

)

Dated this.............

day of...................

19.............

Signed............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.12

O.84, r.9 (3)

CHILD CARE ACT, 1991

Section 17 (2)

NOTICE OF APPLICATION FOR AN EXTENSION OF AN INTERIM CARE ORDER

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS on the application of .................... Health Board, made under section 17 (1) of the above-mentioned Act, this Court on the ........ day of ............ 19.... made an interim care order *placing *maintaining the above-named child in the care of that health board for the period of ........ days,

TAKE NOTICE that the above-named applicant will apply at the sitting of the

District Court to be held at

.............................................................................................................................

on the ...... day of ................. 19.... at..... a.m./p.m. for an extension, under section 17 (2) of the Act, of the period of the said interim care order for a further period of .......... days.

Dated this.........

day of...............

19.............

Signed...............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

the above-named respondent.

* Delete words inapplicable

No. 84.13

O.84, r.9 (3)

CHILD CARE ACT, 1991

Section 17 (2)

ORDER EXTENDING THE PERIOD OF AN INTERIM CARE ORDER

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS ON APPLICATION by the .................... Health Board, made under section 17 (1) of the above-mentioned Act, the Court on the ........ day of ............... I9.... made an interim care order *placing *maintaining the above-named child in the care of that health board for the period of ....... days,

NOW, THE COURT on the application of the applicant herein for an extension of the period of the said interim care order, being satisfied that notice of the application was duly served, having heard the evidence tendered herein,

being satisfied—

that grounds for the making of an interim care order continue to exist with respect to the child, and that the welfare of the child so requires,

HEREBY GRANTS an extension of the period of the interim care order in respect of the said child

*[for the further period of ...... days (being a period not exceeding Bights days) from the ...... day of ........... 19....]

*[for the further period of ...... days (being a period exceeding eight days and the applicant and respondent consenting to such period) from the ...... day of ................... 19.....]

Dated this.........

day of................

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.14

O.84, r.10 (1)

CHILD CARE ACT, 1991

Section 18 (1)

NOTICE OF APPLICATION FOR A CARE ORDER

District Court Area of

District No.

In the matter of

..............................................................................................................................

a child

.................................................................................................................................................................

Applicant

of

..............................................................................................................................................................

.................................................................................................................................................................

Respondent

of

..............................................................................................................................................................

WHEREAS the above-named child, who *is `"appears to be aged ......... years, having been born *(so far as has been ascertained) on the ....... day of ................ 19..... *resides

*has been found at

.......................................................................................................................

in the area of the applicant health board and in said court district,

AND WHEREAS the applicant believes that—

*(the child has been or is being assaulted, ill-treated, neglected, sexually abused)

*(the child's health, development or welfare has been or is being avoidably impaired or neglected,)

*(the child's health, development or welfare is likely to be avoidably impaired or neglected,)

and that the child requires care or protection which he/she is unlikely to receive unless the Court makes an order under section 18 of the above-mentioned Act,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

.....................................................................................................................................................................

on the ...... day of ................. 19.... at ...... a.m./p.m. for a care order with respect to the said child under section 18 (7) of the Act *(and for an order under section 18 (7) of the Act requiring a contribution towards the cost of maintaining the child).

Dated this..............

day of...................

19.............

Signed..............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

the above-named respondent.

* Delete words inapplicable

No. 84.15

O.84, r.10 (2)

CHILD CARE ACT, 1991

Section 18 (1)

CARE ORDER

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

...............................................................................................................................................................

...................................................................................................................................................................

Respondent

of

..........................................................................................................................................................

UPON APPLICATION made to this Court today by the above-named applicant under section 18 (1) of the above-mentioned Act for a care order with respect of the above named child, who appears to be aged ....... years, having been born *(so far as has been ascertained) on the ........ day of ................. 19..... and who *resides *has been found

at

....................................................................................................................................................................................

in the area of the applicant health board and in the said court district,

THE COURT being satisfied that notice of the application was duly served, having heard the evidence tendered herein, and

being satisfied that—

*the child has been/is being assaulted/ill-treated/neglected/sexually abused,

*the child's health/development/welfare has been/is being avoidably impaired/neglected,

*the child's health/development/welfare is likely to he avoidably impaired/neglected, the child requires care/protection which he/she is unlikely to receive unless the Court makes an order under the said section 18 (1), and

that the welfare of the child so requires,

HEREBY ORDERS that the said child

........................................................................................................

be committed to the care of the applicant health board—

*(for so long as he/she remains a child, that is to say, until the ....... day of ............... 19....). *(for the period from the ....... day of ..,............. 19... until the ......... day of .................. 19....).

*(for the period from the date upon which the child is delivered into the custody of the board until the .......... day of ............... 19....).

*(AND DIRECTS as follows:—

Dated this..............

day of...................

19.............

Signed.......................................................................

Judge of the District Court

* Delete words inapplicable

No. 84.16

O.84, r.11

CHILD CARE ACT, 1991

Section 18 (2)

NOTICE OF APPLICATION TO EXTEND THE OPERATION OF A CARE ORDER

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

.............................................................................................................................................................

...................................................................................................................................................................

Respondent

of

..........................................................................................................................................................

WHEREAS on the application of the ..................... Health Board, made under section 18 (i) of the above-mentioned Act, this Court on the ...... day of ................. 19..... made a care order committing the above-named child to the care of that board for the period from the ...... day of ............... 19.... to the ........ day of .................. 19.....,

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

..........................................................................................................................................................

on the ......... day of ........................ 19..... at ..... a.m./p.m. for an order under section 18 (2) of the Act extending the operation of the care order for a further period of .............

Dated this..............

day of..............

19.............

Signed............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

.................................................................................

the above-named respondent.

No. 84.17

O.84, r.11

CHILD CARE ACT, 1991

Section 18 (2)

ORDER EXTENDING THE OPERATION OF A CARE ORDER

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

Name (if known) or description

..................................................................................................................................................................

Applicant

of

........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS ON APPLICATION by the ...................... Health Board, made under section 18 (1) of the above-mentioned Act, the Court on the ........... day of ..,................... 19.... made a care order committing the above-named child to the care of the board for the period from the ....... day of .................. 19.... to the ...... day of .................... 19....

NOW, THE COURT on the application of the applicant herein for an order under section I8 (2) of the Act extending the operation of the care order,

being satisfied that notice of the application was duly served,

having heard the evidence tendered herein,

being satisfied—

that grounds for the making of a care order continue to exist with respect to the child,

and

that the welfare of the child so requires,

HEREBY ORDERS that the operation of the care order with respect to the above-

named child

...................................................................................................................................

be extended for a further period of ......... from the .......... day of .................... 19.... to the .......day of................19.....

Dated this..............

day of...............

19.............

Signed...............................................................

Judge of the District Court

No. 84.18

O.84, r.12

CHILD CARE ACT, 1991

Sections 18 (5), 19

SUPERVISION ORDER

(in lieu of a care order)

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

..............................................................................................................................................................

..................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant under section 18 (1) of the above-mentioned Act for a care order with respect of the above-named child who *is *appears to be aged ....... years, having been born *(so far as has been ascertained) on the ...... day of ..................... 19..., and who resides at ................. in the area of the applicant health board and in the said court district,

THE COURT being satisfied that notice of the application was duly served having heard the evidence tendered herein

and being satisfied that there are reasonable grounds for believing that—

*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,)

(or)

*(the child's health/development/welfare has been/is being avoidably impaired! neglected,)

(or)

*(the child's health/development/welfare is likely to be avoidably impaired/neglected,)

but being satisfied that—

it is not necessary or appropriate that a care order be made and

it is desirable that the child be visited periodically in his/her home by or on behalf of the health board, and

that the welfare of the child so requires,

HEREBY AUTHORISES the applicant health board to have the above-named child visited on such periodic occasions as the health board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child.

*(AND DIRECTS under section 19 (4) of the Act (as to the care of the child) as follows:—

).

This order shall remain in force—

*(for the period of twelve months from the date hereof)

*(from the ...... day of ................... 19.... until the ....... day of................. 19....)

and, in any event, shall cease to have effect when the person in respect of whom it is made ceases to be a child.

Dated this..............

day of...................

19.............

Signed.......................................................................

Judge of the District Court

* Delete words inapplicable

No. 84.19

O.84, r.13

CHILD CARE ACT, 1991

Section 18 (6)

NOTICE OF APPLICATION FOR COURT'S DIRECTIONS

(pending determination of application for care order)

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

Name (if known) or description

...................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

............................................................................................................................................................

WHEREAS application has been made to this Court by the ................. Health Board under section 18 (1) of the above-mentioned Act, for a care order with respect to the

above-mentioned child who *resides *has been found at

................................................................................

area of the board and in the said court district,

AND WHEREAS the said application has not yet been determined by the Court,

TAKE NOTICE that the applicant herein will make application at the sitting of the

District Court to be held at

.....................................................................................................................................

on the ......... day of ........... 19.... at .... a.m./p.m. for the Court's directions under section 18 (6) of the Act as to the care and custody of the child pending such determination.

Dated this..............

day of..................

19.............

Signed...............................................................

Applicant

To

..........................................................

of

..........................................................

the above-named respondent.

* Delete words inapplicable

No. 84.20

O.84, r.13

CHILD CARE ACT, 1991

DIRECTIONS UNDER SECTION 18 (6) OF THE ACT

(pending determination of application for care order)

District Court Area of

District No.

In the matter of

..............................................................................................................................

a child

.................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

.................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

WHEREAS APPLICATION has been made to this Court by the ............. Health Board under section 18 (1) of the above-mentioned Act, for a care order with respect of

the above-named child who *resides *has been found at

...........................................................................

in the area of the board and in the said court district,

AND WHEREAS the said application has not yet been determined by the Court,

NOW, THE COURT on the application of the applicant herein for directions under section 18 (6) of the Act,

*(being satisfied that notice of the application was duly served,)

having heard the evidence tendered herein, and

being satisfied that the welfare of the child so requires,

HEREBY DIRECTS under the said section 18 (6) — as to the care and custody of the child pending such determination - as follows:-

Such directions) shall cease to have effect on the determination of the application for the care order.

Dated this.............

day of..................

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.21

O.84, r.14

CHILD CARE ACT, 1991

Section 18 (6)

NOTICE OF APPLICATION FOR A SUPERVISION ORDER

(pending determination of application for care order)

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

........................................................................................................................................................

..................................................................................................................................................................

Respondent

of

........................................................................................................................................................

WHEREAS application has been made to this Court by the .................... Health Board under section 18 (1) of the above-mentioned Act for a care order with respect to the

above-named child who resides at

.................................................................................................................

in the area of the board and in the said court district,

AND WHEREAS the said application has not yet been determined by the Court.

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

..................................................................................................................................................

on the ...... day of ............... 19.... at .... a.m./p.m. for a supervision order under section 18 (6) of the Act in respect of the said child pending such determination.

Dated this..........

day of..............

19.............

Signed..............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

the above-named respondent.

No. 84.22

O.84, r.14

CHILD CARE ACT, 1991

Section 18 (6)

SUPERVISION ORDER

(pending determination of application for care order)

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

Name (if known) or description

...................................................................................................................................................................

Applicant

of

...................................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS APPLICATION was made to this Court on the ...... day of ............. 19.... by the ............... Health Board under section 18 (1) of the above-mentioned Act for a care order with respect to the above-named child who *is *appears to be aged ....... years, having been born *(so far as has been ascertained) on the ........ day of ................. 19....

and who resides at

......................................................................................................................................

in the area of the board and in the said court district,

AND WHEREAS the said application has not yet been determined by the Court,

NOW, THE COURT on the application of the applicant herein under section 18 (6) of the Act for a supervision order in respect of the said child pending such determination,

*(being satisfied that notice of the application was duly served,)

having heard the evidence tendered herein,

being satisfied that there are reasonable grounds for believing that—

*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,)

(or)

*(the child's health/development/welfare has been/is being avoidably impaired/ neglected,)

(or)

*(the child's health/development/welfare is likely to be avoidably impaired/neglected,) and it is desirable that the child be visited periodically by or on behalf of the health board and

that the welfare of the child so requires,

HEREBY AUTHORISES the applicant health board, pending the determination of

the application for the care order, to have the said child

...................................................................

visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child,

[*AND DIRECTS under section 19 (4) of the Act (as to the care of the child) as follows:—

This order shall cease to have effect on the determination of the application for the care order.

Dated this..............

day of...................

19.............

Signed............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.23

O.84, r.15 (1)

CHILD CARE ACT, 1991

Section 18 (7)

CONTRIBUTION ORDER

District Court Area of

District No.

In the matter of

..............................................................................................................................

a child

.................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

.................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

WHEREAS ON APPLICATION by the above-named health board under section 18 (1) of the above-mentioned Act for an order with respect to the above-named child who *is *appears to be aged ........ years, having been born *(so far as has been ascertained) on the ...... day of .............,. 19.... and who *resides *has been found at ............................... in the area of the board and in the said court district, THE COURT HAS to-day made a care order committing the child to the care of that health board for the period from the .......... day of ................... 19..... to the ...... day of ............,...... 19....

NOW, THE COURT being satisfied that the above-named respondent(s) *is *are the parent(s) of the child, and

having regard to the means of the said parent(s),

HEREBY ORDERS under section 18 (7) of the Act that you,

.....................................................

parent(s) of the child

.......................................................................................................................................

do contribute to the ...................... health board towards the cost of maintaining the child the weekly sum of £.......... for the whole of the period during which that care order is in operation or until further order of the court herein - the first of such weekly sums to be paid on the ........ day of ............... 19....

Dated this.............

day of.............

19.............

Signed............................................................

Judge of the District Court

To

....................................................................

of

....................................................................

Parent(s) of the above-named child.

* Delete words inapplicable

No. 84.24

O.84, r.15 (6)

CHILD CARE ACT, 1991

Section 18 (8)

NOTICE OF APPLICATION TO *VARY *DISCHARGE A CONTRIBUTION ORDER

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

.................................................................................................................................................................

.................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

WHEREAS ON THE APPLICATION OF THE ..................... Health Board, made under section 18 (1) of the above-mentioned Act for an order with respect to the above-named child, the Court on the ..... day of .................. 19..... made a care order committing the child to the care of that health board,

AND WHEREAS in addition to making such order the court made a contribution order requiring the above-named *applicant *respondent to contribute to the health board the weekly sum of £...... towards the cost of maintaining the child,

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

............................................................................................................................................

on the ..... day of ................. 19.... at ....... a.m./p.m. for an order under section 18 (8) of the Act *varying *discharging the said contribution order on the grounds that:—

Dated this..............

day of...................

19.............

Signed.............................................................

Applicant

To

....................................................................

of

....................................................................

The above-named respondent.

* Delete words inapplicable

No. 84.25

O.84, r.15 (2)

CHILD CARE ACT, 1991

Section 18 (8)

ORDER TO *VARY *DISCHARGE A CONTRIBUTION ORDER

District Court Area of

District No.

In the matter of

..............................................................................................................................

a child

.................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

.................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

WHEREAS ON APPLICATION by the above-named health board under section 18 (1) of the above-mentioned Act for an order with respect to the above-named child, the court on the ...... day of ............. 19.... made a care order committing the child to the care of that health board,

AND WHEREAS in addition to such order the court made a contribution order requiring the parents) of the child to contribute to the health board the weekly sum of £...... towards the costs of maintaining the child for the whole of the period during which that care order is in operation,

NOW, THE COURT on the application of the applicant herein under section 18 (8) of the Act to *vary *discharge the contribution order,

being satisfied that notice of the application herein was duly served, and

having heard the evidence tendered herein,

HEREBY ORDERS that the said contribution order

*be discharged

*be varied as follows:—

Dated this..............

day of...................

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.26

O.84, r.16 (1)

CHILD CARE ACT, 1991

Section 19 (1)

NOTICE OF APPLICATION FOR A SUPERVISION ORDER

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

..........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

..........................................................................................................................................................

WHEREAS the above-named child, who *is *appears to be aged ........ years, having been born *(so far as has been ascertained) on the ......... day of .............. 19...., resides

at

..................................................................................................................................................................................

in the area of the applicant board and in the said court district,

AND WHEREAS the applicant believes that—

*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,)

(or)

*(the child's health/development/welfare has been/is being avoidably impaired/neglected,)

(or)

*(the child's health/development/welfare is likely to be avoidably impaired/neglected,) and it is desirable that the child be visited periodically by or on behalf of the health board,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

.....................................................................................................................................................................

on the ..... day of ................. 19.... at ....... a.m./p.m. for a supervision order under section 19 (1) of the Act with respect to the said child.

Dated this..............

day of...................

19.............

Signed.............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

the above-named respondent

* Delete words inapplicable

No. 84.27

O.84, r.16 (2)

CHILD CARE ACT, 1991

Section 19 (1)

SUPERVISION ORDER

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant under section 19 (1) of the above-mentioned Act for a supervision order with respect to the above-named child who *is `appears to be aged .......... years, having been born *(so far as has been ascertained) on the ........ day of ................ 19..... and who resides at ........ in the area of the applicant health board and in the said court district,

THE COURT being satisfied that notice of the application was duly served, having heard the evidence tendered herein,

being satisfied that there are reasonable grounds for believing that—

*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,)

(or)

*(the child's health/development/welfare has been/is being avoidably impaired/neglected,)

(or)

*(the child's health/development/welfare is likely to be avoidably impaired/neglected,) and it is desirably that the child be visited periodically by or on behalf of the health board and

that the welfare of the child so requires,

HEREBY AUTHORISES the applicant health board to have the said child .............. visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child.

*[AND DIRECTS under section 19 (4) of the Act (as to the care of the child) as follows:—

]

This order shall remain in force—

*(for the period of twelve months from the date hereof,)

*(from the .......... day of ................ 19...... until the ....... day of .......... 19.......)

unless sooner discharged and, in any event, shall cease to have effect when the person in respect of whom it is made ceases to be a child.

Dated this..............

day of...................

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.28

O.84, r.17

CHILD CARE ACT, 1991

NOTICE OF APPLICATION FOR DIRECTIONS

(under section 19 (3) of the Act)

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS on the application of the above-named Health Board under section ....... of the above-mentioned Act, the Court on the ...... day of ............... I9.... made a supervision order authorising that board to have the above-named child who resides at .......................................................... in the area of the board and in the said court district, visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child

AND WHEREAS the above-named applicant, being a *(parent of the child) *(person acting in loco parentis), is dissatisfied with the manner in which the health board is exercising its authority to have the child visited in accordance with section 19 of the Act,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

......................................................................................................................................................................

on the ....... day of ................. 19.... at ...... a.m./p.m. for directions under section 19 (3) of the Act as to the manner in which the child is to be visited.

Dated this..............

day of...................

19.............

Signed...............................................................

Applicant

To

....................................................................

of

....................................................................

the above-named health board

* Delete words inapplicable

No. 84.29

O.84, r.17

CHILD CARE ACT, 1991

DIRECTIONS UNDER SECTION 19 (3) OF THE ACT

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS ON APPLICATION by the above-named Health Board under section ....... of the above-mentioned Act, THE COURT on the ....... day of .................... 19.... MADE A SUPERVISION ORDER in respect of the above-named child who resides

at

..............................................................................................................................................................................

in the area of the board and in the said court district,

NOW, THE COURT on the application of the above-named applicant, being a *(parent of the child) *(person acting in loco parentis), for directions under section 19 (3) of the Act, the said applicant being dissatisfied with the manner in which the board is exercising its authority to have the child visited in accordance with section 19 of the Act,

being satisfied that notice of the application was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY DIRECTS under the said section 19 (3) as follows:—

Dated this..............

day of...................

19.............

Signed.............................................................

Judge of the District Court

No. 84.30

O.84, r.18

CHILD CARE ACT, 1991

NOTICE OF APPLICATION FOR DIRECTIONS

(under section 19 (4) of the Act)

District Court Area of

District No.

In the matter of

.............................................................................................................................

a child

................................................................................................................................................................

Applicant

of

......................................................................................................................................................

.................................................................................................................................................................

Respondent

of

........................................................................................................................................................

WHEREAS on the application of the above-named applicant, made under section ....... of the above-mentioned Act, this Court on the ........ day of .................. 19.... made a supervision order authorising that health board to have the above-named child who

resides at

......................................................................................................................................................................

in the area of the board and in the said court district, visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child,

AND WHEREAS the said supervision order is still in force,

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

............................................................................................................................................................

on the ...... day of ............... 19... at .... a.m./p.m. for directions under section 19 (4) of the Act as to care of the child.

Dated this..............

day of...................

19.............

Signed..............................................................

Applicant

To

....................................................................

of

....................................................................

the above-named respondent.

* Delete words inapplicable

No. 84.31

O.84, r.18

CHILD CARE ACT, 1991

DIRECTIONS UNDER SECTION 19 (4) OF THE ACT

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS ON APPLICATION by the shove-named Health Board made under section ...... of the above-mentioned Act, THE COURT on the ...... day of .................. 19.... MADE A SUPERVISION ORDER in respect of the above-named child who resides

resides at

.....................................................................................................................................................................

in the area of that board and in the said court district, and the said supervision order is still in force,

NOW, THE COURT on the application of the health board for directions under section 19 (4) of the Act as to the care of the child,

being satisfied that notice of the application herein was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY DIRECTS as follows:—

Dated this..............

day of...................

19.............

Signed.............................................................

Judge of the District Court

No. 84.32

O.84, r.19 (1)

CHILD CARE ACT, 1991

NOTICE OF ADJOURNMENT OF PROCEEDINGS AND OF DIRECTION TO

HEALTH BOARD

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

Name (if known) or description

..................................................................................................................................................................

Applicant

of

..............................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS proceedings entitled as above, brought under section .......... of the .......... (Act) 19.... in respect of the above-named child, who *resides *is for the time being

at

.................................................................................................................................................................................

in the area of the ........................ Health Board and in the said court district, were before this Court on the .......... day of .................... 19......,

AND WHEREAS it appeared to the Court this it may be appropriate for a care order or a supervision order to be made with respect to the said child,

TAKE NOTICE that the Court adjourned those proceedings under section 20 (1) of the Child Care Act, 1991 until the ........ day of ............... 19.... and directed the said health board to undertake an investigation of the child's circumstances.

Dated this..............

day of...................

19.............

Signed.............................................................

Clerk of the District Court for the

said Court area, District Court

Office

........................................................................

To

....................................................................

of

....................................................................

the above-named health board

* Delete words inapplicable

No. 84.33

O.84, r.19 (2) (a)

CHILD CARE ACT, 1991

DIRECTIONS UNDER SECTION 20 (2) OF THE ACT

(pending outcome of investigation by health board)

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

...................................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS PROCEEDINGS entitled as above, brought under section ..... of the

.........................................................................................

Act, ............in respect of the above-named child, who

*resides *is for the time being at

...................................................................................................

in the area of the .................. Health Board and in the said court district, were before this Court to-day.

AND WHEREAS it appeared to the Court that it might be appropriate for a care order or a supervision order to be made with respect to the said child and under section 20 (1) of the Child Care Act, 1991 , the Court adjourned the proceedings and directed that health board to undertake an investigation of the child's circumstances.

NOW, THE COURT being satisfied that the welfare of the child so requires.

HEREBY DIRECTS under section 20 (2) of the Act (as to the care and custody of the child pending the outcome of the investigation) as follows:—

Dated this..............

day of...................

19.............

Signed.............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.34

O.84, r.19 (2) (b)

CHILD CARE ACT, 1991

Section 20 (2)

SUPERVISION ORDER

(pending outcome of investigation by health board)

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS PROCEEDINGS entitled as above, brought under section ..... of the ......................... (Act), 19..... in respect of the above-named child, who resides at

.........................................................................................................................

in the area of the health board and in

the said court district, were before this Court today,

AND WHEREAS it appeared to the Court that it might be appropriate for a care order or a supervision order to be made with respect of the said child and, under section 20 (1) of the Child Care Act, 1991 , the Court adjourned the proceedings and directed that health board to undertake an investigation of the child's circumstances,

NOW, THE COURT being satisfied that there are reasonable grounds for believing that—

*(the child has been/is being assaulted/ill-treated/neglected/sexually abused),

(OR)

*(the child's health/development/welfare has been/is being avoidably impaired/neglected),

(OR)

*(the child's health/development/welfare is likely to be avoidably impaired/neglected), and it is desirable that the child be visited periodically by or on behalf of the health board, and

that the welfare of the child so requires,

HEREBY AUTHORISES the .................. Health Board, pending the outcome of the

said investigation, to have the said child

...........................................................................................................

visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(her/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child.

*[AND DIRECTS under section 19 (4) of the Child Care Act, 1991 (as to the care of the child) as follows:—

]

Dated this..............

day of...................

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.35

O.84, r.20

CHILD CARE ACT, 1991

Section 22

NOTICE OF APPLICATION TO *VARY *DISCHARGE *A CARE ORDER

*A CONDITION *DIRECTION ATTACHING TO A CARE ORDER

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

..............................................................................................................................................................

Applicant

of

....................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

....................................................................................................................................................

WHEREAS on the application of the above-named health board, made under section 18 (1) of the above-mentioned Act, the Court on the ...... day of .............. 19...... made a care order committing the above-named child to the care of the board for the period from the ....... day of ................ 19..... until the ....... day of .............. 19.......,

*(AND WHEREAS the said order contained a *condition *direction that—

).

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

...............................................................................................................................................................

on the ........ day of .................. 19....., at ...... a.m./p.m. under section 22 of the Act to have the said *care order *condition *direction

*DISCHARGED

*VARIED as follows:

on the grounds that—

Dated this..............

day of..................

19.............

Signed..............................................................

Applicant

To

....................................................................

of

....................................................................

the above-named respondent(s)

* Delete words inapplicable

No. 84.36

O.84, r.20

CHILD CARE ACT, 1991

Section 22 (c)

NOTICE OF APPLICATION TO DISCHARGE A CARE ORDER AND MAKE A

SUPERVISION ORDER

District Court Area of

District No.

In the matter of

..............................................................................................................................

a child

.................................................................................................................................................................

Applicant

of

......................................................................................................................................................

.................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

WHEREAS on the application of the above-named health board, made under section 18 (i) of the above-mentioned Act, the Court on the ...... day of ............. 19.... made a care order committing the above-named child to the care of the board from the ........ day of ................. 19..... until the ...... day of ................... 19......,

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

.......................................................................................................................................................

on the ...... day of ............ 19..... at ......a.m./p.m. under section 22 (c) of the Act to have the said care order discharged and a supervision order made in respect of the child on the grounds that—

Dated this..............

day of...................

19.............

Signed..............................................................

Applicant

To

....................................................................

of

....................................................................

the above-named respondent(s).

No. 84.37

O.84, r.20

CHILD CARE ACT, 1991

Section 22

NOTICE OF APPLICATION TO *VARY *DISCHARGE A SUPERVISION

ORDER A *CONDITION *DIRECTION ATTACHING TO A SUPERVISION

ORDER

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

..................................................................................................................................................................

Respondent

of

........................................................................................................................................................

WHEREAS on the application of the above-named health board, made under section ......... of the above-mentioned Act, the Court on the...... day of ........... 19.... made a supervision order authorising the board to have the above-named child, who resides at .......................................................... in the area of the board and in the said court district, visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child,

*(AND WHEREAS the said order contained a *condition *direction that—

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

..........................................................................................................................................................

on the ....... day of ................... 19...... at .......... a.m./p.m. under section 22 of the Act to have the said *supervision order *condition *direction

*DISCHARGED

*VARIED as follows:—

on the grounds that—

Dated this..............

day of..............

19.............

Signed............................................................

Applicant

To

....................................................................

of

....................................................................

the above-named respondent(s)

* Delete words inapplicable

No. 84.38

O.84, r.20

CHILD CARE ACT, 1991

Section 22

ORDER TO *VARY *DISCHARGE A CARE ORDER A *CONDITION

*DIRECTION ATTACHING TO A CARE ORDER

District Court Area of

District No.

In the matter of

............................................................................................................................

a child

...............................................................................................................................................................

Applicant

of

....................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

.....................................................................................................................................................

WHEREAS ON APPLICATION by the above-named health board, made under section 18 (1) of the above-mentioned Act THE COURT on the ....... day of ........... 19.... MADE A CARE ORDER committing the above-named child, to the care of the board for the period from the ..... day of ............. 19...... until the ...... day of ............... 19 .. , *(AND WHEREAS the said order contained a *condition *direction that—

NOW, THE COURT on the application of the applicant herein under section 22 of the Act for an order to *vary *discharge the said *order *condition *direction, being satisfied that notice of the application herein was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY ORDERS that the said *care order *condition *direction

*BE DISCHARGED

*BE VARIED as follows:—

Dated this..............

day of...................

19.............

Signed..............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.39

O.84, r.20

CHILD CARE ACT, 1991

Section 22 (c)

SUPERVISION ORDER

(MADE ON DISCHARGING A CARE ORDER)

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

..................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

WHEREAS ON APPLICATION the above-named health board, made under section 18 (1) of the above-mentioned Act THE COURT on the ...... day of ........... 19.... MADE A CARE ORDER committing the above-named child, to the care of the board for the period from the ...... day of ............. 19.... until the ........ day of ................ 19.....,

NOW, THE COURT on the application of the applicant herein to have that order discharged and a supervision order made in respect of the child under section 22 (c) of the Act,

being satisfied that notice of the application herein was duly served

having heard the evidence tendered,

being satisfied that—

such order should no longer remain in force, but that

it is desirable that the child be visited periodically in his/her home by or on behalf of

the health board and

HAVING DISCHARGED the said care order in respect of the said child

HEREBY AUTHORISES the ............. Health Board to have the said child ................

visited in his/her home at

...............................................................................................................

in the said court district on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person acting in loco parentis) any necessary advice as to the care of the child.

*[AND DIRECTS under section 19 (4) of the Act (as to the care of the child) as follows:—

this order shall remain in force—

*(for the period of twelve months from the date hereof)

*(from the ....... day of ............ 19.... until the ...... day of ................... 19 ..........)

unless sooner discharged and, in any event, shall cease to have effect when the person in respect of whom it is made ceases to be a child.

Dated this..............

day of...................

19.............

Signed.............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.40

O.84, r.20

CHILD CARE ACT, 1991

Section 22

ORDER TO *VARY *DISCHARGE A SUPERVISION ORDER A *CONDITION

*DIRECTION ATTACHING TO A SUPERVISION ORDER

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

..................................................................................................................................................................

Respondent

of

........................................................................................................................................................

WHEREAS ON APPLICATION by the above-named health board, made under section ..... of the above-mentioned Act THE COURT on the ..... day of ............. 19...... MADE A SUPERVISION ORDER authorising the board to have the above-named

child, who resides at

.............................................................................................................................................

in the area of the board and in the said court district, visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to *(his/her parents) *(the person in loco parentis) any necessary advice as to the care of the child,

*(AND WHEREAS the said order contained a *condition *direction that—

NOW, THE COURT on the application of the applicant herein under section 22 of the Act to *vary *discharge the said *supervision order *condition *direction,

being satisfied that notice of the application herein was duty served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY ORDERS that the said *supervision order *condition *direction

*BE DISCHARGED

*BE VARIED as follows:—

Dated this..............

day of...................

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.41

O.84, r.22 (1)

CHILD CARE ACT, 1991

Section 27

NOTICE OF APPLICATION FOR AN ORDER REQUESTING THE

PREPARATION OF A REPORT

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

.............................................................................................................................................................

Applicant

of

...................................................................................................................................................

..............................................................................................................................................................

Respondent(s)

of

....................................................................................................................................................

WHEREAS proceedings, entitled as above, under *Part IV *Part VI of the above-mentioned Act are before the Court.

TAKE NOTICE that the above-named *applicant *respondent will apply at the sitting

of the District Court to be held at

........................................................................................................................

on the ..... day of ............ 19.... at ...... a.m./p.m. for an order under section 27 of the Act requesting the preparation of a report on the following question affecting the welfare of

the above-named child, who *resides *is for the time being at

.......................................................................

in the said court district, that is to say:—

Dated this..............

day of...................

19.............

Signed..............................................................

* Applicant * Respondent

To

....................................................................

of

....................................................................

the above-named *applicant *respondent

* Delete words inapplicable

No. 84.42

O.84, r.22 (1)

CHILD CARE ACT, 1991

Section 27

ORDER REQUESTING THE PREPARATION OF A REPORT

District Court Area of

District No.

In the matter of

...............................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

........................................................................................................................................................

..................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named *applicant *respondent in the above-named proceedings which are before the Court under *Part IV *Part VI of the above-mentioned Act, for an order under section 27 of the Act requesting the preparation of a report on a question affecting the welfare of the above-

named child, who *resides *is for the time being at

............................................................................................

in the said Court District,

THE COURT being satisfied that notice of the application was duly served, having heard the evidence tendered herein and

being satisfied that the welfare of the child so requires and it is desirable that the child be visited periodically by or on behalf of the health board and

that the welfare of the child so requires,

HEREBY REQUESTS

.................................................

of

...........................................................

to prepare and submit to the Court a report on the following question affecting the welfare of the said child, that is to say,—

*(AND HEREBY ORDERS that the fees and expenses incurred in the preparation of the report shall be paid by the above-named *applicant *respondent).

Dated this..............

day of..................

19.............

Signed.............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.43

O.84, r.9 (2); 10 (2)

CHILD CARE ACT, 1991

Section 35

WARRANT TO EXECUTE *AN INTERIM CARE ORDER *A CARE ORDER

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

..................................................................................................................................................................

Applicant

of

.......................................................................................................................................................

..................................................................................................................................................................

Respondent

of

........................................................................................................................................................

WHEREAS upon application made to-day by the above-named applicant under section *17 *18 of the above-mentioned Act for an order in respect of the above-named child, who *is *appears to be aged ..... years, having been born *(so far as has been ascertained) on the ..... day of .......... 19....., the Court made *an interim care order *a care order ordering that the child be *(placed/maintained in) *(committed to) the care of the applicant health board for the period from—

*(the ..... day of ............ 19.... until the ..... day of ........... 19....)

*(the date upon which the child is delivered into the custody of the board until the ...... day of ............... 19....)

AND WHEREAS the child is not in the custody of the applicant,

THIS IS TO AUTHORISE YOU,

...........................................................................................................

a member of the Garda Síochána, of

...........................................................................................................

accompanied by such other members of the Garda Síochána or such other persons as

may be necessary, to enter (if need be by force) the †

......................................................................................

at

................................................................................................................................................................................

in the said court district, where the child to whom the order relates is or where there are reasonable grounds for believing that he/she is and to deliver the child into the custody of the above-named health board.

Dated this.........

day of...............

19.............

Signed............................................................

Judge of the District Court

To the above-named member of the Garda Síochána

* Delete words inapplicable

† Name the house or other place as set out in section 35 of the Act.

No. 84.44

O.84, r.25 (1)

CHILD CARE ACT, 1991

Section 37 (2)

NOTICE OF APPLICATION FOR AN ORDER REGARDING ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

.............................................................................................................................

a child

................................................................................................................................................................

Applicant

of

.....................................................................................................................................................

................................................................................................................................................................

Respondent

of

.....................................................................................................................................................

WHEREAS the above-named child is in the care of the above-named health board

at

....................................................................................................................................................................................

in the said court district,

AND WHEREAS the above-named applicant is dissatisfied with the arrangements made by that board regarding access to the child,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

.........................................................................................................................................

on the ..... day of ............. 19 ..... at .......... a.m./p.m. for an order under section 37 (2) (a) of the above-mentioned Act regarding access to the child by the applicant.

Dated this..............

day of...................

19.............

Signed.............................................................

Applicant

To

....................................................................

of

....................................................................

The above-named health board.

No. 84.45

O.84, r.25 (1)

CHILD CARE ACT, 1991

Section 37 (2) (a)

ORDER REGARDING ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

..............................................................................................................................

a child

.................................................................................................................................................................

Applicant

of

......................................................................................................................................................

.................................................................................................................................................................

Respondent

of

.......................................................................................................................................................

UPON APPLICATION by the above-named applicant made to the Court to-day for an order under section 37 (2) (a) of the above-mentioned Act in respect of the above-named child, who is in the care of the above-named health board at ......................................... in the said court district, the said applicant being dissatisfied with the arrangements made by the board regarding access to the child,

THE COURT being satisfied that notice of the application was duly served,

having heard the evidence tendered and

being satisfied that the welfare of the child so requires,

HEREBY ORDERS as follows:—

Dated this..............

day of...................

19.............

Signed............................................................

Judge of the District Court

No. 84.46

O.84, r.25 (2)

CHILD CARE ACT, 1991

Section 37 (2)

NOTICE OF APPLICATION TO *VARY *DISCHARGE AN ORDER

REGARDING ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

................................................................................................................................

a child

...................................................................................................................................................................

Applicant

of

.........................................................................................................................................................

...................................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS the above-named child is in the care of the ............... Health Board at

.............................................................................................................................................

in the said court district,

AND WHEREAS on the application of

..................

of

..............................................................

the Court on the ..... day of ............. 19..... made an order under section 37 (2) (a) of the above-mentioned Act regarding access to the child as follows:—

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

................................................................................................................................................................

on the ...... day of ...........,.... 19..... at ..... a.m./p.m., under section 37 (2) of the Act to have the said Order *discharged/*varied as follows:—

on the grounds that:—

Dated this..............

day of..................

19.............

Signed.............................................................

Applicant

To

....................................................................

of

....................................................................

* Delete words inapplicable

No. 84.47

O.84, r.25 (2)

CHILD CARE ACT, 1991

Section 37 (2) (b)

ORDER TO *VARY *DISCHARGE AN ORDER REGARDING ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

..........................................................................................................................

a child

.............................................................................................................................................................

Applicant

of

....................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

....................................................................................................................................................

WHEREAS ON THE APPLICATION

..................

of

............................................................

made under section 37 (2) of the above-mentioned Act, the Court on the ...... day of .............. 19.... made an order regarding access to the above-named child, who is in the

care of the

................................

Health Board at

................................................................................

in the said court district,

NOW, THE COURT on the application of the applicant herein for an order under section 37 (2) (b) of the Act to *vary *discharge the said order,

being satisfied that notice of the application herein was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY ORDERS that the said order regarding access to the said child

*BE DISCHARGED

*BE VARIED as follows:—

Dated this..............

day of...................

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.48

O.84, r.26 (1)

CHILD CARE ACT, 1991

Section 37 (3)

NOTICE OF APPLICATION FOR AN ORDER AUTHORISING REFUSAL TO ALLOW ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

..............................................................................................................................................................

Applicant

of

.............................................................................................................................................................

..............................................................................................................................................................

Respondent(s)

of

................................................................................................................................................................

WHEREAS the above-named child is in the care of the applicant health board at

...........................................................................................................................................

in the said court district,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

.........................................................................................................................................................................

on the ....., day of .................... 19.... at ........ a.m./p.m. under section 37 (3) of the above-mentioned Act for an order authorising the applicant to refuse to allow the above-named respondent access to the said child on the ground that it is necessary to do so in order to safeguard or promote the child's welfare.

Dated this..............

day of...................

19.............

Signed...............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

the above-named respondent

No. 84.49

O.84, r.26 (1)

CHILD CARE ACT, 1991

Section 37 (3) (a)

ORDER AUTHORISING REFUSAL TO ALLOW ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

..............................................................................................................................................................

Applicant

of

............................................................................................................................................................

..............................................................................................................................................................

Respondent

of

...................................................................................................................................................

UPON APPLICATION by the above-named health board. made under section 37 (3) of the above-mentioned Act, with respect to the above-named child who is in the care

of the board at

.............................................................................................................................................................

in the said court district, for an order authorising it to refuse to allow the above-named respondent access to the child,

THE COURT being satisfied that notice of the application was duly served, having heard the evidence tendered, and

considering it necessary to do so in order to safeguard/promote the child's welfare

HEREBY AUTHORISES the applicant health board to refuse to allow the

respondent

..................................................................................................................................................................

access to the said child

.............................................................................................................................................

in its care.

Dated this..............

day of..................

19.............

Signed..............................................................

Judge of the District Court

No. 84.50

O.84, r.26 (2)

CHILD CARE ACT, 1991

Section 37 (3)

NOTICE OF APPLICATION TO *VARY *DISCHARGE AN ORDER

AUTHORISING REFUSAL TO ALLOW ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

..............................................................................................................................................................

Applicant

of

....................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

.....................................................................................................................................................

WHEREAS on the application of the above-named health board, made under section 37 (3) of the above-mentioned Act, with respect to the above-named child who is in the

care of the board at

....................................................................................................................................................

in the said court district, the Court on the ..... day of ............... 19.... made an order authorising the board to refuse to allow ..................... of ........................................................ access to the child.

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

.......................................................................................................................................................................

on the ...... day of ............. 19..... at ...... a.m./p.m. under the said section to have the said order—

*discharged

*varied as follows:—

on the grounds that—

Dated this..............

day of..................

19.............

Signed..............................................................

Applicant

To

....................................................................

of

....................................................................

the above-named respondent(s)

* Delete words inapplicable

No. 84.51

O.84, r.26 (2)

CHILD CARE ACT, 1991

Section 37 (3) (b)

ORDER TO *VARY *DISCHARGE AN ORDER AUTHORISING REFUSAL TO

ALLOW ACCESS TO A CHILD

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

...............................................................................................................................................................

Applicant

of

...............................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

.....................................................................................................................................................

WHEREAS UPON APPLICATION by the above-named health board, made under section 37 (3) of the above-named Act, with respect to the above-named child who is in

the care of the board at

............................................................................................................................................

in the said court district, THE COURT on the ..... day of ............. 19.... MADE AN ORDER authorising the board to refuse to allow .................. of ......................................... access to the child,

NOW, THE COURT on the application of the applicant herein under section 37 (3) of the Act for an Order to *vary *discharge the said order,

being satisfied that notice of the application was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY ORDERS that the said order authorising the health board to refuse to

allow

.........................................................................................................................................................................

access to the said child

*BE DISCHARGED

*BE VARIED as follows:—

Dated this..............

day of...................

19.............

Signed.............................................................

Judge of the District Court

* Delete words inapplicable

No. 84.52

O.84, r.29

CHILD CARE ACT, 1991

Section 43 (2)

NOTICE OF APPLICATION FOR AN ORDER THAT CHILD BE DELIVERED UP TO CUSTODY OF THE HEALTH BOARD

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

.............................................................................................................................................................

Applicant

of

.................................................................................................................................................................

..............................................................................................................................................................

Respondent

of

....................................................................................................................................................

WHEREAS the above-named child is in the care of the applicant health board and is

in the custody of the above-named respondent at

..............................................................................................

in the said court district, with whom he/she has been placed by the health board under section 36 of the above-mentioned Act,

AND WHEREAS the respondent has refused or neglected to comply with a request of the board to deliver up the child to the custody of the board,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

...........................................................................................................................................................................

on the ..... day of ............... 19..... at ..... a.m./p.m. under section 43 (2) of the Act for an order directing the respondent to deliver up the child to the custody of the board.

Dated this............

day of.............

19.............

Signed.............................................................

Solicitor for Applicant

To

....................................................................

of

....................................................................

the above-named respondent.

No. 84.53

O.84, r.27

CHILD CARE ACT, 1991

Section 43 (2)

ORDER THAT CHILD BE DELIVERED UP TO CUSTODY OF HEALTH BOARD

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

.............................................................................................................................................................

Applicant

of

................................................................................................................................................................

.............................................................................................................................................................

Respondent

of

...................................................................................................................................................

UPON APPLICATION by the applicant health board, made under section 43 (2) of the above-mentioned Act, with respect to the above-named child, who is in the care of the board and in the custody of the above-named respondent at ........................................ in the said court district, with whom he/she has been placed by the health board under section 36 of the above-mentioned Act, for an order directing the respondent to deliver up the child to the custody of the board, the respondent having refused/neglected to comply with a request of the board to do so,

THE COURT being satisfied that notice of the application was duly served,

having heard the evidence tendered, and

considering it to be in the best interest of the child so to do

HEREBY DIRECTS the said respondent

...................................................................................................

to deliver up the said child

.....................................................................................................................................

to the custody of the applicant health board.

Dated this..............

day of...................

19.............

Signed..............................................................

Judge of the District Court

No. 84.54

O.84, r.28

CHILD CARE ACT, 1991

INFORMATION

(under section 46 (3) of the Act)

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

..............................................................................................................................................................

Applicant

of

....................................................................................................................................................

..............................................................................................................................................................

Respondent

of

....................................................................................................................................................

THE INFORMATION of

..................................................................................................................................

of

....................................................................................................................................................................................

who says on oath:—

*(I am the applicant herein,) *(I have been authorised by the ............... Health Board to make this application.)

I say that the above-named child

...................................................................................................................

being in the care of the ....................... Health Board, was on the ....... day of ................ 19....., without lawful authority,—

*(removed from the custody of the board.)

*(removed from the custody of

.......................................................

of

...........................................

who was taking care of the child on behalf of the board.)

*[prevented from returning to the custody *(of the board) *(of ............... of ..................... who was taking care of the child on behalf of the board) at the end of a period of leave.]

I believe that the child is for the time being at

.......................................................................................................

in the said court district and that the above-named respondent can product the child and I hereby apply for an order under section 46 (3) of the above-mentioned Act directing the respondent to deliver up the child to the custody of the board.

Dated this.............

day of.............

19.............

Signed..............................................................

Informant

Sworn before me this.........

day of.............

19..........

at.............................................................

Signed ...........................................................

Judge of the District Court

*(assigned to the said district)

* Delete words inapplicable

No. 84.55

O.84, r.28

CHILD CARE ACT, 1991

Section 46 (3)

SUMMONS

District Court Area of

District No.

In the matter of

............................................................................................................................

a child

...............................................................................................................................................................

Applicant

of

.................................................................................................................................................................

................................................................................................................................................................

Respondent

of

......................................................................................................................................................

WHEREAS from information sworn before me to-day *by *on behalf of the above-named applicant under section 46 (3) of the above-mentioned Act it appears that the above-named child, being in the care of the .............. Health Board, was on the ........ day of ................ 19....., without lawful authority,

*(removed from the custody of the board.)

*(removed from the custody of

..........................................................

of

...................................................

who was taking care of the child on behalf of the board.)

*prevented from returning to the custody *(of the board) *(of ............... of ...................... who was taking care of the child on behalf of the board) at the end of a period of leave.]

AND WHEREAS it further appears that you, the above-named respondent, *residing

*for the time being at

.................................................................................................................................................

in the said court district, can produce the said child,

THIS IS TO COMMAND YOU, the respondent, to appear at the sitting of the District

Court to be held at

.......................................................................................................................................................

on the ..... day of .............. 19...... at ...... a.m./p.m. on the hearing of the application made in the said information for an order directing you to deliver up the child to the custody of the board.

Dated this.............

day of...................

19.............

Signed..............................................................

Judge of the District Court

*(assigned to the said district)

To

....................................................................

of

....................................................................

the above-named respondent

* Delete words inapplicable

No. 84.56

O.84, r.28

CHILD CARE ACT, 1991

Section 46 (3)

ORDER THAT CHILD BE DELIVERED UP TO CUSTODY OF HEALTH BOARD

District Court Area of

District No.

In the matter of

.............................................................................................................................

a child

...............................................................................................................................................................

Applicant

of

..........................................................................................................................................................

...............................................................................................................................................................

Respondent

of

...................................................................................................................................................................................

WHEREAS IT APPEARS from an application made by sworn information *by *on behalf of the .................. Health Board laid before this Court on the ...... day of ........... 19...., seeking an order under section 46 (3) of the above-mentioned Act with respect to the above-named child, being in the care of the board, was on the ..... day of ........... 19....., without lawful authority.

*(removed from the custody of the board.)

*(removed from the custody of

........................................................

of

...................................................

who was taking care of the child on behalf of the board.)

*[prevented from returning to the custody *(of the board) *(of

........................................................

of

....................................................................................................................

who was taking care of the child

on behalf of the board) at the end of a period of leave.)

and that the above-named respondent, *residing *for the time being at ............................ in said court district, can produce the said child,

NOW, THE COURT *(being satisfied that the summons herein was duly served,) having heard the evidence tendered and

being satisfied that there are reasonable grounds for believing that the respondent can produce the child and that the welfare of the child so requires,

HEREBY DIRECTS the respondent

............................................................................................................

under section 46 (3) of the Act, to deliver up the said child

................................................................................

to the custody of the .............. Health Board.

Dated this.............

day of...................

19.............

Signed...............................................................

Judge of the District Court

*(assigned to the said district)

* Delete words inapplicable

No. 84.57

O.84, r.29

CHILD CARE ACT, 1991

INFORMATION

(under section 46 (6) of the Act)

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

..............................................................................................................................................................

Applicant

of

....................................................................................................................................................

..............................................................................................................................................................

Respondent

of

....................................................................................................................................................

THE INFORMATION of

.................................................................................................................................

of

...................................................................................................................................................................................

who says on oath—

*(I am the applicant herein,) *(I have been authorised by the

...................................................................

Health Board to make this application.)

(I say that the above-named child

..................................................................................................................

is in the care of the ................ Health Board, and that on the ....... day of ................, 19....., without lawful authority, he/she was—

*(removed from the custody of the board.)

*(removed from the custody of

........................................................

of

..................................................

who was taking care of the child on behalf of the board.)

*[prevented from returning to the custody *(of the board) *(of

........................................................

of

....................................................................................................................

who was taking care of the child

on behalf of the board) at the end of a period of leave.]

I believe that the child is in the †

...................................................................................................................

at

.................................................................................................................................................................................

in the said court district and I hereby apply for the issue of a warrant under section 46 (6) of the above-mentioned Act to search therein for the child.

Dated this..............

day of.............

19.............

Signed...............................................................

Informant

Sworn before me this........

day of.............

19..........

at..................................................................

Signed ..............................................................................

Judge of the District Court

*(assigned to the said district)

* Delete words inapplicable

† Name the house or other place as set out in section 46 (6) of the Act.

No. 84.58

O.84, r.29

CHILD CARE ACT, 1991

SEARCH WARRANT

(under section 46 (6) of the Act)

District Court Area of

District No.

In the matter of

.............................................................................................................................

a child

................................................................................................................................................................

Applicant

of

......................................................................................................................................................

...............................................................................................................................................................

Respondent

of

......................................................................................................................................................

WHEREAS IT APPEARS to me from the sworn information of the above-named applicant that the above-named child being in the care of the ..................... Health Board, was on the ...... day of ............... 19...., without lawful authority,

*(removed from the custody of the board.)

*(removed from the custody of

.........................................................

of

...................................................

who was taking care of the child on behalf of the board.)

*[prevented from returning to the custody *(of the board) *(of

........................................................................

of

..................................................................................................................

who was taking care of the child

on behalf of the board) at the end of a period of leave.]

AND BEING SATISFIED that there are reasonable grounds for believing that the said child is in the place set out hereunder,

I HEREBY AUTHORISE YOU,

...............................................

of

..................................................

a member of the Garda Síochána, accompanied by such other members of the Garda Síochána as may be necessary, to enter (if need be by force) and to search the

............................................

at

.........................................................

in the said court district

for the said child

........................................................................................................................................................

Dated this..............

day of...................

19.............

Signed...............................................................

Judge of the District Court

*(assigned to the said district)

To

....................................................................

of

....................................................................

the above-named member of the Garda Síochána

* Delete words inapplicable

† Name the house or other place as set out in section 46 (6) of the Act.

No. 84.59

O.84, r.30 (1)

CHILD CARE ACT, 1991

Section 47

NOTICE OF APPLICATION FOR DIRECTIONS ON A QUESTION AFFECTING

THE WELFARE OF A CHILD

District Court Area of

District No.

In the matter of

.............................................................................................................................

a child

................................................................................................................................................................

Applicant

of

..........................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

......................................................................................................................................................

WHEREAS the above-named child is in the care of the ............. Health Board at

..........................................................................................................................................

in the said court district,

TAKE NOTICE that the above-named applicant will apply at the sitting of the

District Court to be held at

.........................................................................................................................................

on the ..... day of ................ 19....... at ...... a.m./p.m. for an order under section 47 of the above-mentioned Act giving directions on the following question affecting the welfare of the said child—

Dated this..............

day of...................

19.............

Signed.........................................................

Applicant

To

....................................................................

of

....................................................................

the above-named respondents)

No. 84.60

O.84, r.30 (1)

CHILD CARE ACT, 1991

ORDER ON QUESTION AFFECTING THE WELFARE OF A CHILD

(under section 47 of the Act)

District Court Area of

District No.

In the matter of

.........................................................................................................................

a child

.............................................................................................................................................................

Applicant

of

.............................................................................................................................................................

..............................................................................................................................................................

Respondent(s)

of

...............................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant under section 47 of the above-mentioned Act for an order giving directions on the following question affecting the welfare of the above-named child who is in the care of the ................ Health Board in the said Court district:—

THE COURT being satisfied that notice of the application was duly served, having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY DIRECTS under the said section 47 as follows:—

Dated this..............

day of..................

19.............

Signed..............................................................

Judge of the District Court

*(assigned to the said district)

*Delete words inapplicable

No. 84.61

O.84, r.30 (2)

CHILD CARE ACT, 1991

Section 47

NOTICE OF APPLICATION TO *VARY *DISCHARGE *AN ORDER

*A DIRECTION ON A QUESTION AFFECTING THE WELFARE OF A CHILD

(under section 47 of the Act)

District Court Area of

District No.

In the matter of

.............................................................................................................................

a child

................................................................................................................................................................

Applicant

of

......................................................................................................................................................

................................................................................................................................................................

Respondent(s)

of

......................................................................................................................................................

WHEREAS on the application of

...........................................

of

....................................................

made under section 47 of the above-mentioned Act, the Court on the ...... day of ............. 19...., made an order on the following question affecting the welfare of the above-named child, who is in the care of the ........... Health Board at ......................................................... in the said Court District, that is to say,—

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court

to be held at

...............................................................................................................................................................

on the .... day of ............... 19...., at ...... a.m./p.m. under the said section 47 to have the said *order *direction—

*discharged

*varied as follows:—

on the grounds that—

Dated this..............

day of..................

19.............

Signed...............................................................

Applicant

To

....................................................................

of

....................................................................

the above-named respondents)

* Delete words inapplicable

No. 84.62

O.84, r.30 (2)

CHILD CARE ACT, 1991

Section 47

ORDER TO *VARY *DISCHARGE *AN ORDER *A DIRECTION

(on a question affecting the welfare of a child)

District Court Area of

District No.

In the matter of

.............................................................................................................................

a child

................................................................................................................................................................

Applicant

of

......................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

.....................................................................................................................................................

WHEREAS ON APPLICATION by

............................................................................................................

of

.....................................................................................................................................................................................

made under section 47 of the above-mentioned Act, THE COURT on the ...... day of ............. 19....., MADE AN ORDER on question affecting the welfare of the above-named child, who is in the care of the ................... Health Board in the said Court district, to the following effect—

NOW, THE COURT on the application of the applicant herein for an order under the said section 47 to *vary *discharge *(that order) *(the following direction contained in that order—

being satisfied that notice of the application was duly served,

having heard the evidence tendered, and

being satisfied that the welfare of the child so requires,

HEREBY ORDERS that the said *order *direction

*BE DISCHARGED

*BE VARIED as follows:—

Dated this..............

day of..................

19.............

Signed.............................................................

Judge of the District Court

*(assigned to the said district)

* Delete words inapplicable

No. 84.63

O.84, r.31 (2)

CHILD CARE ACT, 1991

INFORMATION

(under section 55 (2) of the Act)

District Court Area of

District No.

.................................................................................................................................................................

Applicant

THE INFORMATION of

..............................................................................................................................

of

...................................................................................................................................................................................

who says on oath—

I am the applicant herein I have been authorised by the ..................... Health Board to make this information.

I believe that a pre-school service is being carried on in the premises situated at

..........................................................................................

in the said court district in respect of which notice

has not been received by the said health board in accordance with section 51 of the above-mentioned Act and I hereby apply for the issue of a warrant under section 55 (2) of the Act authorising me to enter and inspect the said premises.

Signed...............................................................

Informant

Sworn before me this........

day of............

19..........

at.............................................................

Signed ...................................................................

Judge of the District Court

*(assigned to the said district)

* Delete words inapplicable

No. 84.64

O.84, r.31 (2)

CHILD CARE ACT, 1991

Section 55 (2)

WARRANT TO ENTER AND INSPECT PREMISES

District Court Area of

District No.

................................................................................................................................................................

Applicant

of

......................................................................................................................................................

BEING SATISFIED from the application of the above-named applicant for a warrant under section 55 (2) of the above-mentioned Act, made by an information sworn before me to-day, that there are reasonable grounds for believing that a pre-school service is being carried on in the premises set out hereunder in respect of which notice has not been received by the ............................. Health Board in accordance with section 51 of the Act,

I HEREBY AUTHORISE YOU

.................................................................................................................

of

...........................................................................................................................................................................

a person appointed by that Health Board in accordance with section e54 of the Act, to

enter and inspect the premises situated at

............................................................................................................

in the said court district.

Dated this........

day of..............

19.............

Signed...............................................................

Judge of the District Court

*(assigned to the said district)

To

....................................................................

of

....................................................................

the above-named person

* Delete words inapplicable

No. 84.65

O.84, r.32

CHILD CARE ACT, 1991

NOTICE OF APPEAL

(under section 62 of the Act)

District Court Area of

District No.

...............................................................................................................................................................

Appellant

of

.....................................................................................................................................................

...............................................................................................................................................................

Respondent(s)

of

.....................................................................................................................................................

TAKE NOTICE that the above-named appellant, being the *registered proprietor *person intending to be the registered proprietor of a children's residential centre

situated at

..................................................................................................................................................................

in the functional area of the respondent health board and in the said court district, will

appeal at the sitting of the District Court to be held at

......................................................................................

on the ..... day of ................... 19..... at ....... a.m./p.m. under section 62 of the above-mentioned Act against the decision of the board—

*(to refuse to register the centre,)

*(to remove the centre from the register,)

*[*(to attach a condition) *(to amend/revoke a condition attached) to the registration of the centre,]

made on the .... day of ........... 19.... and notification of which was received by the appellant on the ..... day of .............. 19....

Dated this..............

day of...................

19.............

Signed...............................................................

Appellant

To

....................................................................

of

....................................................................

the above-named health board.

* Delete words inapplicable

No. 84.66

O.84, r.32

CHILD CARE ACT, 1991

ORDER OF APPEAL

(under section 62 of the Act)

District Court Area of

District No.

...............................................................................................................................................................

Appellant

of

.....................................................................................................................................................

...............................................................................................................................................................

Respondent

of

.....................................................................................................................................................

UPON HEARING AN APPEAL brought before this Court to-day by the above-named appellant, being the *registered proprietor *person intending to be the registered

proprietor of a children's residential centre situated at

.......................................................................................

in the functional area of the respondent health board and in the said court district, under section 62 of the above-mentioned Act against the decision of the board—

*(to refuse to register the centre,)

*(to remove the centre from the register,)

*[*(to attach a condition) *(to amend/revoke a condition attached) to the registration of the centre,]

made on the ..... day of ............. 19...., and

THE COURT being satisfied that notice of the appeal was duly served, having heard the evidence tendered,

*(HEREBY CONFIRMS the said decision of the respondent health board,)

*[HEREBY DIRECTS the respondent health board to

*(register the said centre,)

*(restore the registration of the said centre,)

*(withdraw the said condition) *(withdraw the *amendment to *revocation of the said condition.)

*(attach the following condition to the registration—

.)

*(made an amendment to a condition of the registration, as follows:—

.)]

Dated this..............

day of...................

19.............

Signed.............................................................

Judge of the District Court

*(assigned to the said district)

* Delete words inapplicable

No. 84.67

O.84, r.33

CHILD CARE ACT, 1991

Section 75

CARE ORDER

(under section 17 (4) (b) of the School Attendance Act, 1926 )

District Court Area of

District No.

In the matter of

...........................................................................................................................

a child

..............................................................................................................................................................

Prosecutor

of

....................................................................................................................................................

................................................................................................................................................................

Accused

of

.....................................................................................................................................................

(Parent of the said child)

of

.....................................................................................................................................................

WHEREAS PROCEEDINGS entitled as above, under section 17 of the School Attendance Act, 1926 , against the above-named parent with respect to the above-named child, who *is *appears to be aged ....... years, having been born *so far as has been ascertained) on the ...... day of ................ 19..... and who resides at .................................... in the area of the ................. Health Board and in the said court district, ARE TO-DAY BEFORE THE COURT,

THE COURT *(being satisfied that the said parent has used all reasonable efforts to cause the said child to attend school in accordance with the said Act of 1926,)

*(having convicted the said parent of a second subsequent offence under the said section 17 in respect of the said child,) and

having heard the said health board and being satisfied that the welfare of the child so requires,

HEREBY ORDERS that the said child

..........................................................................................................

be committed to the care of the ............. Health Board—

*(for so long as he/she remains a child, that is to say, until the ..... day of ................ 19.....)

*(for the period from the ...... day of ............. 19..... until the ..... day of .............. 19.....)

*(for the period from the date upon which the child is delivered into the custody of the board until the ..... day of ............... 19.....)

*(AND DIRECTS as follows:—

.)

Dated this..............

day of...................

19.............

Signed..............................................................

Judge of the District Court

* Delete words inapplicable

No. 85.1

O.85, r.4

LOCAL GOVERNMENT (DELIMITATION OF WATER SUPPLY DISCONNECTION POWERS) ACT, 1995

NOTICE OF AN APPLICATION FOR AN ORDER UNDER SECTION 3 (2)

District Court Area of

District No.

Between

..............................................................................................................................................................

Applicant

of

....................................................................................................................................................

...............................................................................................................................................................

Respondent

of

....................................................................................................................................................

TAKE NOTICE that the above named applicant, being the Sanitary Authority for the supply of water to the respondent at ........................................ in the Court Area and District aforesaid, will apply to the District Court sitting at ............................ on the ...... day of .................. I9...., for an order pursuant to section 3 (2) of the above Act, to discontinue a supply of water for domestic purposes in respect of which — *(a) a charge remains wholly unpaid, *(b) partly unpaid, or *(c) there has been default on payment due under an instalment order made pursuant to the Enforcement of Court Orders Acts, 1926 and 1940.

Dated this.............

day of..................

19.............

Signed...............................................................

Applicant/Solicitor for the

Applicant

To

..........................................

of

..........................................

above named Respondent

* Delete words inapplicable

No. 85.2

O.85, r.5

LOCAL GOVERNMENT (DELIMITATION OF WATER SUPPLY DISCONNECTION POWERS) ACT, 1995 .

ORDER TO DISCONTINUE A SUPPLY OF WATER FOR DOMESTIC PURPOSES

District Court of

District No.

.............................................................................................................................................................

Applicant

...............................................................................................................................................................

Respondent

UPON HEARING an application to this Court on the ...... day of .................. 19...., by the above named Applicant who is the sanitary authority for the supply of water for domestic purposes to the above named respondent, *the owner, *the occupier of premises at ..................................., in the Court Area and District aforesaid for an order pursuant to section 3 (2) of the above mentioned Act.

AND THE COURT being satisfied

*that a charge remains wholly unpaid,

*that a charge remains partly unpaid,

*that there has been default on payments due under an instalment order made pursuant to the Enforcement of Court Orders Acts, 1926 and 1940 said instalment order having

been served on the

......................................................................................................................................................

*that all the conditions set out in the Schedule to the Act have been complied with whether before or after the commencement of the Act,

*that the sanitary authority has not waived all or portion of a charge in respect of such supply of water in accordance with section 65A(3) of the Act of 1878, as inserted by section 7 of the Local Government (Sanitary Services) Act, 1962 ,

*that notice of this application was served on the respondent

*that the default in payment of the charge by the consumer was not due to hardship.

AND HAVING considered the personal and household circumstances of the

respondent.

THE COURT HEREBY AUTHORISES the sanitary authority to discontinue the

supply of water for domestic purposes to the premises at

..................................................................................

AND THE COURT FURTHER ORDERS that the respondent shall pay to the applicant the sum of £ , being the costs and expenses, measured by this Court, incurred by the applicant in and incidental to, its application for this order, there being no special and substantial reasons for not doing so.

Dated this.............

day of..............

19.............

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 86.1

O.86, rr.2 (7),4 (5)

PUBLIC DANCE HALLS ACT, 1935

Section 2 (OR) 8 (2)

PUBLIC DANCING LICENCE

District Court Area of

District No.

THE COURT HEREBY GRANTS to

..........................................................................................................

of

...................................................................................................................................................................................

this Licence to use a particular place, to wit:

situate at

in court area and district aforesaid,

for PUBLIC DANCING, subject to the following conditions and restrictions:—

Dated this

day of

19

.

Signed............................................................

Judge of the District Court

NOTE

This licence shall continue in force and effect until the date of the next Annual Licensing Court for the said court area or the sooner termination thereof by course of law.

No. 86.2

O.86, r.3 (5)

PUBLIC DANCE HALLS ACT, 1935

Section 6

PUBLIC DANCING LICENCE

(For a defined period not exceeding one month)

District Court Area of

District No.

THE COURT HEREBY GRANTS to

..........................................................................................................

of

.....................................................................................................................................................................................

this Licence to use a particular place,

to wit:

...........................................................................................................................................................................

situate at

.....................................................................................................................................................................

in court area and district aforesaid,

for public dancing, subject to the following conditions and restrictions:-

1. That the said place shall not be opened for any of the said purposes except on the following days and during the following hours:-

From day of 19 ,

To day of 19 .

between the hours of

2. That the number of persons admitted to the said place at any dance shall not

exceed

............................................................................................................................................................

3. That no child or young person within the meaning of the Children Acts, 1908 to 1989, shall be permitted to be present at any dance in the said place save in the case of a Dance for Children, and for a Dance for Children the permitted hours shall be from 2 p.m. to 9 p.m.

4. That the conditions and restrictions contained in the Bye-Laws relating to places of Public Resort prescribed by the Local Authority are hereby deemed to be incorporated in and form part of the conditions and restrictions upon the user of the said premises.

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

No. 86.3

O.86, r.4 (2)

PUBLIC DANCE HALLS ACT, 1935

Section 8

NOTICE OF APPLICATION FOR A PUBLIC DANCING LICENCE

(With the consent of the Licensee under the existing Licence)

District Court Area of

District No.

........................................................................................................................................................

Applicant

TAKE NOTICE that

..................................................................................................................................

of

...............................................................................................................................................................................

intends to apply to the District Court at

on the day of 19 at .m. for the grant of a Licence to use a particular place,

to wit:

........................................................................................................................................................................

situate at

...................................................................................................................................................................

in court area and district aforesaid,

for public dancing, in respect of which place a public dancing Licence is at present in

force, the Licensee being

..........................................................................................................................................

of

..................................................................................................................................................................................

who consents to this application.

Dated this

day of

19

.

Signed...............................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

at

To the Clerk of the District Court,

at

No. 86.4

O.86, r.4 (5)

PUBLIC DANCE HALLS ACT, 1935

Section 8

ORDER OF REFUSAL TO GRANT PUBLIC DANCING LICENCE

(With the consent of the Licensee under the existing Licence)

District Court Area of

District No.

..........................................................................................................................................................

Applicant

UPON APPLICATION duly made to the Court on the day of

19

by the Applicant

.......................................................................................................................................

of

.................................................................................................................................................................................

for the grant of a Licence to use a particular place,

to wit:

...........................................................................................................................................................................

situate at

......................................................................................................................................................................

in court area and district aforesaid, for public dancing and in respect of which place a

public dancing Licence was then in force, the Licensee being

...........................................................................

of

...................................................................................................................................................................................

who consented to this application being made,

THE COURT on the day of 19 ORDERED that the said application be REFUSED.

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

No. 86.5

O.86, r.5

PUBLIC DANCE HALLS ACT, 1935

Section 7

NOTICE OF SURRENDER OF PUBLIC DANCING LICENCE

District Court Area of

District No.

TAKE NOTICE that

.....................................................................................................................................

of

...................................................................................................................................................................................

hereby surrenders the attached Public Dancing Licence

in respect of the place

.................................................................................................................................................

situate at

.......................................................................................................................................................................

in court area and district aforesaid,

pursuant to section 7 of the above Act.

Dated this

day of

19

.

Signed.............................................................

Licensee or Solicitor for Licensee

To the Clerk of the District Court,

at

No. 87.1

O.86, r.2 (6)

PUBLIC HEALTH ACTS AMENDMENT ACT, 1890

Section 51

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

Section 33

LICENCE FOR PUBLIC MUSIC AND SINGING

District Court Area of

District No.

THE COURT HEREBY GRANTS to

............................................................................................................

of

....................................................................................................................................................................................

this Licence to keep and use a certain place, to wit:-

...........................................................................................

situate at

........................................................................................................................................................................

in court area and district aforesaid, for public music, singing or other public entertainment of the like kind, subject to the following conditions and restrictions:-

1. The licence shall continue in force and effect until the date of the next Annual Licensing Court for said court area, unless the same shall have been previously revoked as provided by the said Acts.

2. There shall be affixed and kept up in some conspicuous place on the door or entrance of the said premises, an inscription in large capital letters in the words following:-

"LICENSED IN PURSUANCE OF ACT OF THE OIREACHTAS FOR PUBLIC MUSIC AND SINGING".

3. The said place shall not be opened for any of the said purposes except during the following hours:-

4. (here insert such other conditions and restrictions (if any) as to days, times, safety and sanitary regulations, public accommodation, supervision or otherwise, as the Court in its discretion shall determine).

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

NOTE

Any breach or non-observance of the conditions and restrictions of this licence shall constitute grounds for revoking same.

No. 87.2

O.87, r.3 (5)

PUBLIC HEALTH ACTS AMENDMENT ACT, 1890

Section 51

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

Section 33

LICENCE FOR PUBLIC MUSIC AND SINGING

(For a defined period not exceeding fourteen days)

District Court Area of

District No.

THE COURT HEREBY GRANTS to

.......................................................................................................

of

..................................................................................................................................................................................

this Licence to keep and use a certain place, to wit:-

.........................................................................................

situate at

.......................................................................................................................................................................

in court area and district aforesaid, for public music, singing or other public entertainment of the like kind subject to the following conditions and restrictions:-

1. The said place shall not be opened for any of the said purposes except on the following days and during the following hours:-

From day of 19 .

To day of 19 .

between the hours of .m. and .m.

2. (here insert such other conditions and restrictions (if any) as to days, times, safety and sanitary regulations, public accommodation, supervision or otherwise, as the Court in its discretion shall determine).

Dated this

day of

19

.

Signed..............................................................

Judge of the District Court

No. 87.3

O.87, r.4 (4)

ENDORSEMENT OF TRANSFER OF PUBLIC MUSIC AND SINGING LICENCE

THE COURT, by virtue of the powers vested in it by the Public Health Acts Amendment Act, 1890 and the Courts (Supplemental Provisions) Act, 1961 , HEREBY TRANSFERS the within licence

to

................................................................................................................................................................................

of

................................................................................................................................................................................

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court

No. 88.1

O.88, r.2 (2)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 13 (1)

NOTICE OF APPEAL TO THE DISTRICT COURT

District Court Area of

District No.

................................................................................................................................................................

Appellant

TAKE NOTICE that the above-named appellant

of

..................................................................................................................................................................................

hereby appeals to the District Court at

....................................................................................................................

on the day of 19 at a.m./p.m.

against the refusal of Chief Superintendent

.........................................................................................................

of the Garda Síochána to grant to the appellant a collection permit under section 6 of

the above Act authorising a collection at

................................................................................................................

in court area and district aforesaid.

Dated this

day of

19

.

Signed............................................................

Judge of the District Court

To

...............................................................................................................................................................................

Chief Superintendent of the Garda Síochána,

at

To the Clerk of the District Court,

at

No. 88.2

O.88, r.2 (5)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 13 (1)

ORDER ON APPEAL

District Court Area of

District No.

...............................................................................................................................................................

Appellant

...............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19 brought by the Appellant

of

....................................................................................................................................................................................

against the refusal by the Respondent to grant to the Appellant a collection permit under section 6 of the above Act authorising a collection at ............................... in court area and district aforesaid,

THE COURT on the day of 19 , being satisfied that the application should not have been refused, ORDERED AND DIRECTED that the Respondent grant to the Appellant a collection permit in accordance with the said application.

*(AND FURTHER DIRECTED that the Respondent do attach to such permit the following conditions:-

.)

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

* Delete where inapplicable

No. 88.3

O.88, r. 3 (2)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 13 (2)

NOTICE OF APPEAL TO THE DISTRICT COURT

District Court Area of

District No.

.................................................................................................................................................................

Appellant

TAKE NOTICE that

....................................................................................................................................

of

.................................................................................................................................................................................

hereby appeals to the District Court at

.................................................................................................................

on the day of 19 at .m. against the attaching by Chief

Superintendent

.........................................................................................................................................................

of the Garda Síochána to a collection permit granted under section 6 of the above Act

authorising a collection at

....................................................................................

in court area and district

aforesaid, of the following conditions:—

Dated this

day of

19

.

Signed...............................................................

Appellant or Solicitor for Appellant

To

............................

Chief Superintendent of the Garda Síochána,

at

No. 88.4

O.88, r.3 (5)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 13 (2)

ORDER ON APPEAL

District Court Area of

District No.

.............................................................................................................................................................

Appellant

..............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19 brought by the Appellant

of

..................................................................................................................................................................................

against the attaching by the Respondent to a collection permit granted to the Appellant under section 6 of the above Act authorising a collection

at

.................................................................................................................................................................................

in court area and district aforesaid,

of the following conditions:-

THE COURT on the day of 19 ORDERED*

Dated this

day of

19

.

Signed.............................................................

Judge of the District Court

* Insert Court Order by way of deletion, substitution, or amendment as the case may be

No. 88.5

O.88, r.4 (2)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 13 (3)

NOTICE OF APPEAL TO THE DISTRICT COURT

District Court Area of

District No.

...............................................................................................................................................................

Appellant

TAKE NOTICE that

....................................................................................................................................

of

................................................................................................................................................................................

hereby appeals to the District Court at

................................................................................................................

on the day of 19 at .m. against the revocation by Chief

Superintendent

................................................................................

of the Garda Síochána of a collection

permit granted under section 6 of the above Act authorising a collection at

....................................................................................................................

in court area and district aforesaid.

Dated this

day of

19

.

Signed...............................................................

Appellant or Solicitor for Appellant

To

............................

Chief Superintendent of the Garda Síochána,

at

No. 88.6

0.88, r.4 (5)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 13 (3)

ORDER ON APPEAL

District Court Area of

District No.

...........................................................................................................................................................

Appellant

............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19 brought by the Appellant

of

....................................................................................................................................................................................

against the revocaton by the Respondent on the day of 19 of a collection permit granted to the appellant under section 6 of the above Act authorising

a collection at

...............................................................................................................................................................

in court area and district aforesaid

THE COURT on the day of 19 ORDERED that the said revocation be annulled/that the said appeal be disallowed.

Dated this

day of

19

.

Signed..............................................................

Judge of the District Court

No. 88.7

0.88, r. 5 (2)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 23 (1)

NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 23 (1} OF THE ACT

(for information about proceeds of collection)

District Court Area of

District No.

.................................................................................................................................................................

Appellant

...............................................................................................................................................................

Respondent

TAKE NOTICE that the above-named applicant, of

.................................................................................

a Chief Superintendent of the Garda Síochána for the locality in which a collection was held, namely, .............................in court area and district aforesaid, pursuant to a collection permit granted to you, the above-named respondent, INTENDS TO APPLY at a sitting

of the District Court to be held at

........................................................................................................

on the

day of 19 at a.m./p.m. for an order under section 23 (1) of the above Act directing you

(1) to furnish to the applicant a statement in writing showing the total amount collected by means of the collection and how the money so collected was applied and disposed of;

(2) to permit the applicant or any member or members of the Garda Síochána designated by him/her to inspect any accounts kept by you and any receipts or other vouchers relating to the collection.

Dated this

day of

19

.

Signed..............................................................

Applicant.

To

of

the above-named respondent.

No. 88.8

0.88, r. 5 (4)

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Section 23 (1)

ORDER FOR INFORMATION ABOUT PROCEEDS OF COLLECTION

District Court Area of

District No.

...............................................................................................................................................................

Appellant

................................................................................................................................................................

Respondent

UPON HEARING AN APPLICATION made to this Court to-day by the above-

named applicant, of

..................................................................................

a Chief Superintendent

of the Garda Síochána for the locality in which a collection was held,

namely,

....................................................................................................

in court area and district aforesaid,

pursuant to a collection permit granted under the provisions of the above Act to the

above-named respondent, of

...............................................................................................................................

..........................................................................................................................................................................................

FOR AN ORDER pursuant to section 23 (1) of the above Act,

THE COURT being satisfied

1. that the application is made within six months after the day, or the last of the days, on which the said collection was made,

2. that not less than forty-eight hours before the hearing of the application the Applicant served notice of application upon the respondent,

*(3. that it is in the public interest to make this order,)

*[and having heard .................., a member of the Garda Síochána not below the rank of Inspector, state on oath that s/he has reasonable grounds for believing that * (portion of) the proceeds of the collection *have been/*are being/ *will be used-

*(i) for the benefit of an object which is *unlawful/ *contrary to public morality, (or) for the benefit of an organisation membership of which is unlawful,

*(ii) in such a manner as to encourage either directly or indirectly the commission of an unlawful act,]

HEREBY DIRECTS THE RESPONDENT

to furnish to the applicant, not more than one month after the date of this order, a statement in writing showing the total amount collected by means of the collection and how the money so collected was applied and disposed of,

to permit the applicant or any member or members of the Garda Síochána designated by the applicant to inspect any accounts kept by the respondent and any receipts or other vouchers relating to the collection.

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court.

* Delete where inapplicable

No. 89.1

0.89, r. 2 (2)

WILDLIFE ACT, 1976

Section 29 (7)

NOTICE OF APPEAL AGAINST REFUSAL

OF THE MINISTER TO /images/en.si.1997.0093.0037.jpg A LICENCE TO HUNT WITH FIREARMS *RENEW

District Court Area of

District No.

..............................................................................................................................................................

Appellant

Minister of Finance

......................................................................................................................

Respondent

TAKE NOTICE that the above-named Appellant

of

...................................................................................................................................................................................

in court area and district aforesaid,

hereby appeals to the District Court at

..............................................................................................................

on the day of 19 at .m. against the refusal by the Minister for Finance to /images/en.si.1997.0093.0038.jpg a licence to hunt with firearms.

Dated this

day of

19

.

Signed..............................................................

Appellant or Solicitor for Appellant

To the Minister for Finance,

Wildlife Service,

Office of Public Works,

Leeson Lane,

Dublin 2.

and

To the Clerk of the District Court,

at

* Delete whichever inapplicable

No. 89.2

0.89, r. 2 (4)

WILDLIFE ACT, 1976

Section 29 (7)

ORDER ON APPEAL

District Court Area of

District No.

.............................................................................................................................................................

Appellant

Minister of Finance

.....................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19 ,

brought by the Appellant

of

...................................................................................................................................................................................

in court area and district aforesaid, against the refusal by the Respondent to *grant

*renew a licence to hunt with firearms,

THE COURT ORDERED that

* the said refusal be confirmed.

* the appeal be allowed, and the Court further directed the respondent as soon as may be to *grant *renew the licence.

*Delete whichever inapplicable

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court

* Delete whichever inapplicable

No. 89.3

0.89, r. 3 (2)

WILDLIFE ACT, 1976

Section 48 (1), 48 (3)

NOTICE OF APPLICATION FOR A CERTIFICATE AUTHORISING THE /images/en.si.1997.0093.0033.jpg OF A WILDLIFE DEALER'S LICENCE *RENEWAL

District Court Area of

District No.

..............................................................................................................................................................

Applicant

TAKE NOTICE that

........................................................................................................................................

of

..................................................................................................................................................................................

intends to applyto the District Court at

................................................................................................................

on the day of 19 , at .m. for a

certificate authorising the /images/en.si.1997.0093.0034.jpg by the Minister for Arts, Culture and the Gaeltacht of a WILDLIFE DEALER'S LICENCE authorising the applicant to carry on business

as a wildlife dealer at the premises at

.......................................................................................................................

...........................................................................................................................

in court area and district aforesaid.

Dated this

day of

19

.

Signed..............................................................

Applicant (or) Solicitor for

Applicant

To the Minister for Arts,

Culture and the Gaeltacht,

National Parks and

Wildlife Service,

51 St. Stephens Green,

Dublin 2.

and

To the Clerk of the District Court,

at

* Delete whichever inapplicable

No. 89.4

0.89, r. 3 (4)

WILDLIFE ACT, 1976

Section 48 (1), 48 (3)

CERTIFICATE AUTHORISING THE /images/en.si.1997.0093.0033.jpgOF A WILDLIFE DEALER'S LICENCE

District Court Area of

District No.

...............................................................................................................................................................

Applicant

THE COURT HEREBY GRANTS THIS CERTIFICATE authorising the /images/en.si.1997.0093.0034.jpg of a WILDLIFE DEALER'S LICENCE

to the above-named Applicant

..............................................................................................................................

of

................................................................................................................................................................................

authorising the Applicant to carry on business as a wildlife dealer at the premises at

........................................................................................................................

in court area and district aforesaid.

Dated this

day of

19

.

Signed..............................................................

Judge of the District Court

* Delete whichever inapplicable

No. 89.5

0.89, r. 4 (2)

WILDLIFE ACT, 1976

Section 48 (7)

NOTICE OF APPLICATION TO AMEND WILDLIFE DEALER'S LICENCE

District Court Area of

District No.

...............................................................................................................................................................

Applicant

TAKE NOTICE that

.................................................................................................................................

of

..............................................................................................................................................................................

the holder of a Wildlife Dealer's licence in respect of premises situate at

.....................................................

in court area and district aforesaid, which licence was granted on foot of a certificate issued by the Court on the day of 19 . intends to apply to the

District Court at

...................................................................

on the day of 19

at .m. for an amendment of the licence, to wit:—

Dated this

day of

19

.

Signed...........................................................

Applicant or Solicitor for Applicant

To the Clerk of the District Court,

at

No. 89.6

0.89, r. 7 (2)

WILDLIFE ACT, 1976

Section 77

NOTICE OF APPEAL AGAINST SEIZURE AND DETENTION

District Court Area of

District No.

..............................................................................................................................................................

Appellant

...............................................................................................................................................................

Respondent

TAKE NOTICE that

.....................................................................................................................................

of

.................................................................................................................................................................................

hereby appeals to the District Court at

..................................................................................................................

on the day of 19 at .m. against the seizure and detention by

the Respondent

at*

in court area and district aforesaid

of †

Dated this

day of

19

.

Signed.............................................................

Applicant or Solicitor for Applicant

To

of

the above Respondent

and

To the Clerk of the District Court,

at

* Place where seizure was made

† Document or thing seized

No. 89.7

0.89, r.7 (5)

WILDLIFE ACT, 1976

Section 77

ORDER ON APPEAL

District Court Area of

District No.

...............................................................................................................................................................

Appellant

...............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19 ,

brought by the Appellant

of

...................................................................................................................................................

against the seizure and detention by the Respondent

...........................................................................

† at

in court area and district aforesaid,

of*

AND WHEREAS the Court was satisfied that the said* was properly seized, THE COURT ORDERED that the said seizure and detention be confirmed.

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court.

† Place where seizure was made

* Document or thing seized

No. 89.8

0.89, r.7 (5)

WILDLIFE ACT, 1976

Section 77

ORDER ON APPEAL

District Court Area of

District No.

...............................................................................................................................................................

Appellant

..............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19 ,

brought by the Appellant

of

.................................................................................................................................................

against the seizure and detention by the Respondent

at †

in court area and district aforesaid,

of*

AND WHEREAS the Court was not satisfied that the said* was properly seized, THE COURT ORDERED AS FOLLOWS-

1. That the Respondent (being the person who made the seizure) return the said* to the Appellant

‡2. That, having regard to the loss, costs and expenses incurred wherentby the Appellant by reason of the seizure and detention, the Minister for Finance pay to the Appellant the sum of £ for compensation, the sum of £ for costs and the sum of £ for expenses, making in all the total sum of £ .

Dated this

day of

19

.

Signed..............................................................

Judge of the District Court.

† Place where seizure was made

* Document or thing seized

‡ Delete where inapplicable

No. 89.9

0.89, r.8 (2)

WILDLIFE ACT, 1976

Section 78 (5)

NOTICE OF APPEAL AGAINST A DIRECTION UNDER SECTION 78 (3)

District Court Area of

District No.

...............................................................................................................................................................

Appellant

...............................................................................................................................................................

Respondent

TAKE NOTICE that

................................................................................................................

of

.............................................................................................................................................................

hereby appeals to the District Court at

..............................................................................................

on the day of 19 at .m. against the direction of the above

named respondent of

...............................................................

a Peace Commissioner, given on

the day of 19 , authorising the disposal of*

seized by

.................................................................

of

.....................................................

Dated this

day of

19

.

Signed..............................................................

Appellant (or) Solicitor for

Appellant

To the above-named Respondent

of

a Peace Commissioner,

To the Clerk of the District Court,

at

and

To

of

* Describe thing

No. 89.10

0.89, r.8 (4)

WILDLIFE ACT, 1976

Section 78 (5)

ORDER ON APPEAL

District Court Area of

District No.

...............................................................................................................................................................

Appellant

................................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on this day of

19 , brought by the Appellant

of

..................................................................................................................................................................

against the direction of the above-named Respondent of

...................................................................

a Peace Commissioner, given on the day of 19 ,

pursuant to section 78 (3) of the above Act authorising the disposal of*

seized by

..............................................................................

of

......................................................

AND WHEREAS the Court is satisfied that the direction was properly given and that, having regard to the circumstances of the case the giving of the direction was reasonable, the COURT HEREBY ORDERS that the said direction be CONFIRMED, and that this order shall have effect on the day of 19 .

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court

* Describe thing

No. 89.11

0.89, r. 8 (4)

WILDLIFE ACT, 1976

Section 78 (5)

ORDER ON APPEAL

District Court Area of

District No.

..............................................................................................................................................................

Appellant

..............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on this day of

19 , brought by the Appellant

of

...................................................................................................................................................................

against the direction of the above-named Respondent of

.....................................................................

..................................................................

a Peace Commissioner, given on the day of

19 , pursuant to section 78 (3) of the above Act authorising the disposal

of*

seized by

..............................................................................

of

......................................................

THE COURT HEREBY ORDERS that the said direction be annulled.

†[AND WHEREAS the said* has been disposed of in accordance with such direction, THE COURT FURTHER ORDERS that the Minister for Finance pay to the said Appellant the sum of £ for compensation and the sum of £ for costs and the sum of £ for expenses, making in all the total sum of £ .]

Dated this

day of

19

.

Signed..............................................................

Judge of the District Court

* Describe thing

† Delete where inapplicable

No. 89.12

O.89, r.9 (2)

WILDLIFE ACT, 1976

Section 68 (5)

NOTICE OF APPLICATION TO PROHIBIT ENTRY ON LAND

District Court Area of

District No.

.............................................................................................................................................................

Applicant

of

................................................................................................................................................................

..............................................................................................................................................................

Respondent

of

................................................................................................................................................................

WHEREAS the above-named applicant, being the *owner *occupier of land situate at ................................... in the court (area and) district aforesaid, has on the day of 19 been given notice in writing of the intention of the above-named respondent, an authorised officer for the purposes of section 68 of the above-mentioned Act, to enter on the said land,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

......................................................................................

on the day of 19

at a.m./p.m. for an order pursuant to section 68 (5) of the said Act prohibiting the said entry.

Dated this

day of

19

.

Signed...............................................................

Applicant/Solicitor for Applicant

To

of

the above-named respondent.

* Delete words inapplicable

No. 89.13

O.89, r.9 (3)

WILDLIFE ACT, 1976

Section 68 (5)

ORDER *(PROHIBITING ENTRY ON LAND)

*(SPECIFYING CONDITIONS FOR ENTRY ON LAND)

District Court Area of

District No.

..............................................................................................................................................................

Applicant

of

...........................................................................................................................................................

..............................................................................................................................................................

Respondent

of

...............................................................................................................................................................

UPON HEARING an application made to this Court to-day by the above-named applicant, being the *owner *occupier of land situate at ....................................................... in the court (area and) district aforesaid and having been given notice in writing of the intention of the above-named respondent, an authorised officer for the purposes of section 68 of the above-mentioned Act, to enter on the said land, for an order prohibiting the said entry,

THE COURT being satisfied that notice of the application was duly served upon the

respondent, and

having heard the evidence tendered herein,

*(HEREBY PROHIBITS the said entry on the said land.)

*(HEREBY ORDERS that the said entry on the said land be made subject to the following conditions:-

Dated this

day of

19

.

Signed...............................................................

Judge of the District Court

* Delete words inapplicable

No. 89.14

O.89, r.10 (2)

WILDLIFE ACT, 1976

Section 73

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

..............................................

of

.................................................

who says on oath-

* I am a member of the Garda Síochána.

* I am an authorised person for the purposes of the above-mentioned Act, having been duly so appointed in writing pursuant to section 72 (1) of that Act.

I believe there are reasonable grounds for suspecting that a person is in possession on

the *premises *land at

...................................................................................................................

in the court (area and) district aforesaid, of

* a protected wild bird,

* a protected wild animal,

* the eggs of a protected wild bird,

* /the carcase or any other part/ a product/ *of a protected wild bird, *of a protected

wild animal, namely,

...............................................................................................................

* /a plant/ part of a plant/ a product of a plant/, namely

.............................................................

which is of a species to which an order under section 21 of the said Act applies,

and that as regards the *bird *animal *plant *part *product *

...............................................................

an offence under the said Act has been or is being committed.

The basis for the said belief is as follows:-

and I hereby apply for the issue of a search warrant under section 73 of the said Act.

Signed..................................................................

Informant

SWORN before me this

day of

19

at

.......................................

Signed ................................................................

Judge of the District Court

(or)

Peace Commissioner

* Delete words and clauses which do not apply

No. 89.15

O.89,r.10 (3)

WILDLIFE ACT, 1976

Section 73

SEARCH WARRANT

(to a member of the Garda Síochána)

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me,

*(a Judge of the District Court) *(a Peace Commissioner) on this day

by

.............................................................................

of

....................................................................

a member of the Garda Síochána, pursuant to section 73 of the above-mentioned Act, I AM SATISFIED THAT there are reasonable grounds for suspecting that a person is in

possession on the *premises *land at

................................................................................................

in the court (area and) district aforesaid, of

* a protected wild bird,

* a protected wild animal,

* the eggs of a protected wild bird,

* /the carcase or any other part/ a product/ *of a protected wild bird, *of a protected

wild animal, namely,

.................................................................................................................

* /a plant/ part of a plant/ a product of a plant/, namely

.................................................................

which is of a species to which an order under section 21 of the said Act applies,

AND THAT as regards the *bird *animal *plant *part *product

.................................................

an offence under the said Act has been or is being committed,

THIS IS TO AUTHORISE YOU,

..................................................................................................

of

..............................................................................................................

a member of the Garda Síochána,

accompanied by such other members of the Garda Síochána or such authorised persons as may be reasonably necessary, at any reasonable time or times within seven days of the issue of this warrant to

(i) enter and search, if need be by force, the said *premises *land at ............................ in the court (area and) district aforesaid,

(ii) require any person found on such *premises *land to furnish to you his or her name and address,

(iii) require a person who is in occupation or is in control or is concerned in the management of the *premises *land to furnish to you his or her name and address and to produce

( A ) any thing mentioned in subsection (1) of section 73 of the said Act,

( B ) any books, records or other documents which relate to any thing so mentioned and which are in any such person's possession or under his or her control,

and if known to such person, to furnish to you the name and address of the owner of any thing so produced,

(iv) inspect and, if you think fit, take copies of any entry in any book, record or other document produced in pursuance of a requirement made pursuant to this warrant.

Dated this

day of

19

.

at.

...................................................

Signed .................................................................

Judge of the District Court

(or)

Peace Commissioner

To the Superintendent

of the Garda Síochána,

at

...............................

* Delete words and clauses which do not apply

No. 89.16

O.89, r.10 (3)

WILDLIFE ACT, 1976

Section 73

SEARCH WARRANT

(to an authorised person)

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me, *(a Judge

of the District Court) *(a Peace Commissioner) on this day by

.........................................................

of

................................................................................................................................................

a duly authorised person for the purposes of the above-mentioned Act, sworn pursuant to section 73 of the said Act, I AM SATISFIED THAT there are reasonable grounds

for suspecting that a person is in possession on the *premises *land at

..............................................

in the court (area and) district aforesaid, of

*a protected wild bird,

*a protected wild animal,

*the eggs of a protected wild bird,

*/the carcase or any other part/ a product/ *of a protected wild bird, *of a protected wild

animal, namely,

...............................................................................................................................

* /a plant/ part of a plant/ a product of a plant/, namely

.......................................................................

which is of a species to which an order under section 21 of the said Act applies,

AND THAT as regards the *bird *animal *plant *part *product

..................................................

an offence under the said Act has been or is being committed,

THIS IS TO AUTHORISE YOU,

................................................................................................

of

...................................................................................................................................................................

an authorised person, accompanied by such other persons as may be reasonably necessary, at any reasonable time or times within seven days of the issue of this warrant to

(i) enter and search, if need be by force, the said *premises *land at ................... in the court (area and) district aforesaid,

(ii) require any person found on such *premises *land to furnish to you his or her name and address,

(iii) require a person who is in occupation or is in control or is concerned in the management of the *premises *land to furnish to you his or her name and address and to produce

( A ) any thing mentioned in subsection (1) of section 73 of the said Act,

( B ) any books, records or other documents which relate to any thing so mentioned and which are in any such person's possession or under his or her control,

and if known to such person, to furnish to you the name and address of the owner of any thing so produced,

(iv) inspect and, if you think fit, take copies of any entry in any book, record or other document produced in pursuance of a requirement made pursuant to this warrant.

Dated this

day of

19

.

at .....................................................................................

Signed .................................................................

Judge of the District Court

(or)

Peace Commissioner

To the above-named authorised person.

NOTE

The powers conferred on an authorised person by the above warrant shall be exercisable by the person as regards a dwelling only if, and only for so long as, he or she is accompanied by a member of the Garda Síochána.

* Delete words and clauses which do not apply

ÉIRE

O.90, r.5

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

No. 90.1

AIR NAVIGATION (EUROCONTROL) ACT, 1983

Section 9 (c)

CERTIFICATE

Between

.......................................................................................................................................................................

of

...................................................................................................................................................................................

Plaintiff

and

..............................................................................................................................................................................................

of

....................................................................................................................................................................................

Defendant

Pursuant to section 9 (c) of the above-mentioned Act I hereby certify as follows-

(i) that the proceeding above-named was in respect of a claim by the plaintiff to recover against the defendant the sum of £ for (Give details of claim as set out in civil summons)

(ii) that the defendant's *(residence) *(registered office) *(place of business) is located *(or that the defendant has assets) in the State at in the court area and district aforesaid,

(iii) that on the day of 19 the Court heard and determined the claim and gave judgment against the defendant as follows-

(iv) that the time for lodging a notice of appeal against the determination *(will expire) *(has expired) on the day of 19 ,

(v) that *(notice of appeal against) *(notice to set aside) the determination *(has) *(has not) been received,

(vi) that, (if the debt exceeds 150), interest at the rate of % per annum is payable on the debt only (exclusive of costs and expenses) from the day of 19 until it is paid.

Dated this

day of

19

.

Signed ...........................................................

Clerk of the District Court.

District Court Office,

at...............................................................

.....................................................................

IRELAND

* Delete words which are inapplicable

No. 91.1

O.91, r.3 (3)

CONTROL OF DOGS ACT, 1986

Section 22 (1) (a)

NOTICE OF INTENTION TO MAKE COMPLAINT THAT A DOG IS DANGEROUS

District Court Area of

District No.

................................................................................................................................................................

Complainant

................................................................................................................................................................

Defendant

WHEREAS the above-named complainant, of

..........................................................................

is an interested person within the meaning of section 22 (1) (a) of the above Act, AND

the above-named defendant, whose premises is at

.............................................................................

in court *(area and) district aforesaid, is *(the owner) *(the person in charge) of a dog.

TAKE NOTICE that the complainant intends to make complaint to the District Court

sitting at

........................................................................................................................................

on the day of 19 at a.m./p.m. pursuant to the said section 22 (1) (a) that the said dog is dangerous and not kept under proper control, by reason of the following:-

† that on the day of 19 at

Dated this

day of

19

.

Signed .................................................................

Complainant/Solicitor for

Complainant

To

of

(Owner of the dog)

*(to

of

Person in charge of the dog).

* Delete words inapplicable

† State cause of complaint

No. 91.2

O.91, r.3 (5)

CONTROL OF DOGS ACT, 1986

Section 22

ORDER IN RELATION TO A DANGEROUS DOG

District Court Area of

District No.

.............................................................................................................................................................

Complainant

.............................................................................................................................................................

Defendant

WHEREAS the above-named complainant, of

.........................................................................

being an interested person within the meaning of section 22 (1) (a) of the above Act, has to-day made a complaint to this Court pursuant to the said section that a dog is dangerous and not kept under proper control, for the reason that on the day of 19 at †

AND WHEREAS the above-named defendant, whose premises are at

..........................................

in court *(area and) district aforesaid, is *(the owner) *(the person in charge) of the said dog,

THE COURT being satisfied that notice of these proceedings was duly served upon the defendant *(and upon the owner of the dog),

having heard the evidence tendered by or on behalf of the complainant *(and the defendant),

and it appearing to the Court that the said dog is dangerous and not kept under proper control,

HEREBY ORDERS *[that the dog be kept under proper control.]

*[that the dog be destroyed,

AND DIRECTS that the dog be delivered to

.................................................................................

of

....................................................................................................................................................................

a *(dog warden) *(suitable person) to be destroyed.

*(AND FURTHER DIRECTS that the expenses of the destruction of the dog be paid

by

..................................................................................................................................................

of

..................................................................................................................................

(the owner of the dog.)]

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

† State cause of complaint

* Delete where inapplicable

No. 91.3

O.91, r.4 (5)

CONTROL OF DOGS ACT, 1986

Section 25

ORDER IN RELATION TO EXCESSIVE BARKING BY A DOG

District Court Area of

District No.

.....................................................................................................................................................................

of

..................................................................................................................................................

Complaint

and

........................................................................................................................................................................

of

....................................................................................................................................................

Defendant

UPON HEARING A COMPLAINT made to this Court to-day by the above-named complainant in respect of a nuisance alleged to gave been caused on the day(s) of 19 by the excessive barking of a dog kept in the premises at

..............................................................................................................

in the court *(area and) district aforesaid,

THE COURT being satisfied

1. that the defendant is the occupier of the said premises,

and

2. that the complainant duly served upon the defendant the prescribed notice as required by section 25 (2) of the Act, and it appearing to the Court that a nuisance has been created as a result of excessive barking by the said dog,

HEREBY ORDERS *(the defendant to abate the nuisance by exercising due control over the dog.)

*(that during the period from to the number of dogs to be kept by the defendant on the said premises shall be limited to .......................)

*(AND DIRECTS that the said dog he delivered to

.....................................................................

of

........................................................................................................................

a dog warden, to be dealt

with by him/her in accordance with the provisions of the above Act as if the dog were an unwanted dog.)

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

* Delete where inapplicable

No. 91.4

O.91, r.5 (2)

CONTROL OF DOGS ACT, 1986

Section 26

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

..........................................

of

........................................................

Garda Síochána station, who says on oath:-

I am a member of the Garda Síochána stationed at the above-named Garda station.

I say that

*(from my own knowledge and for the following reason:—)

*(from information which I have received and which I believe to be true, namely,:—)

*(from a complaint which I have received and which T believe to be true, namely,:—)

[or state any other reason)

I believe that a dog has *(attacked a person) *(worried livestock) at

............................................

on the day of 19 and that in consequence of the *(attack) *(worrying) the owner of the dog has committed an offence under the above Act, and I

believe that a person is in possession in the premises at

...................................................................

in the court *(area and) district aforesaid of the dog which I have reasonable grounds for believing to be the dog involved in the said *(attack) *(worrying),

I therefore apply for the issue of a search warrant pursuant to section 26 of the above Act authorising me to enter the said premises and search for the dog.

Signed......................................................................

Informant

SWORN before me at.......................................

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

(or)

Peace Commissioner

* Delete where inapplicable

No. 91.5

O.91, r.5 (3)

CONTROL OF DOGS ACT, 1986

Section 26

SEARCH WARRANT

District Court Area of

District No.

.............................................................................................................................................

Applicant

of

..................................................................................................................................

Garda Síochána Station

WHEREAS I am satisfied by the information on oath of the above-named Applicant, a member of the Garda Síochána, sworn before me on this day that there are reasonable grounds for believing that a dog has *(attacked a person) *(worried livestock) and that in consequence of *(the attack) *(the worrying) the owner of the dog has committed an offence under the above-mentioned Act, and that a person is in possession, in the

premises

.........................................................................................................................................

in the court *(area and) district aforesaid, of a dog which the said Applicant has reasonable grounds for believing to be the dog involved in the said *(attack) *(worrying),

THIS IS THEREFORE TO AUTHORISE, the said Applicant,

......................................................

of

............................................................................................

along with such other members of the Garda

Síochána as may be necessary, to enter the said premises and to search for the dog.

Dated this

day of

19

.

at..................................................................................................

Signed .................................................................

Judge of the District Court

(or)

Peace Commissioner

To the Superintendent of the Garda Síochána,

at

.........................................................................

* Delete words inapplicable

No. 91.6

O.91, r.6 (2)

PROTECTION OF ANIMALS (AMENDMENT) ACT, 1965

(Section 27 (1) — as substituted by section 29 of the Control of Dogs Act, 1986 )

NOTICE OF APPLICATION TO REMOVE A DISQUALIFICATION

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

(Local Authority)

TAKE NOTICE that the above-named applicant, of

.................................................................

will apply to the District Court sitting at

...............................................................................................

on the day of 19 at a.m./p.m. under the above statutory provisions to remove the disqualification imposed on him/her by an order of the District

Court sitting at

.............................................................................................................................

on the day of 19 and made pursuant to *[ section 26 (2) of the Protection of Animals (Amendment) Act, 1965 ] *[ section 18 (1) of the Control of Dogs Act, 1986 ) whereby he/she was declared disqualified from keeping */a dog/animals for sale as pets/a pet shop/for the period of

from the day of 19 ,

AND FURTHER TAKE NOTICE that the said application will be made at least three months after the date of the disqualification order.

Dated this

day of

19

.

Signed ..........................................................

Applicant/Solicitor for Applicant

To

of

The above-named local authority.

* Delete where inapplicable

No. 91.7

O.91, r.6 (4)

PROTECTION OF ANIMALS (AMENDMENT) ACT, 1965

(Section 27 (1) — as substituted by section 29 of the Control of Dogs Act, 1986 )

ORDER REMOVING DISQUALIFICATION

District Court Area of

District No.

.....................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

(Local Authority)

UPON APPLICATION duly made to this Court to-day by the above-named applicant

of

........................................................................................................

under the above statutory

provisions to remove a disqualification imposed on him/her by an order of this Court

made on the

day of

19

at

..................................................................

whereby he/she was declared disqualified from keeping */a dog/animals for sale as pets/a pet shop/for the period of

from the day of 19 ,

THE COURT being satisfied

1. that the application is made after the expiration of three months at least from the date of the said order,

2. that notice of the application has been duly served upon the respondent, having heard the evidence tendered by or on behalf of the applicant *(and the respondent),

and thinking it proper to make this order having regard to the character of the applicant, his/her conduct subsequent to the said order, the nature of the offence and the other circumstances of the case,

HEREBY ORDERS that the said disqualification imposed on the said applicant be removed as from the day of 19 .

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

* Delete where inapplicable

No. 92.1

O.92, r.3 (1)

FIRE SERVICES ACT, 1981

NOTICE OF APPLICATION UNDER SECTION 20 (4)

District Court Area of

District No.

...........................................................................................................................

Applicant

...........................................................................................................................

Respondent

WHEREAS .................................................................. , a fire authority, on the day of 19 served a fire safety notice pursuant to section 20 of the above-mentioned

Act upon the above-named Applicant, of

..........................................................................................

he/she being the *(owner) *(occupier) of the *(building) *(land) situated at

....................................................................................................................

in the court area and district aforesaid,

AND WHEREAS the said notice requires the carrying out of the following work:—

AND WHEREAS the Applicant alleges that *(the whole) *(part) of the expense of the work should be borne by the Respondent, he/she being the *(occupier) *(owner) of the said *(building) *(land),

TAKE NOTICE that the Applicant will apply at the sitting of the District Court to

be held at

........................................................................................................................................

on the day of 19 at a.m./p.m. for an order *(concerning the expenses) *(for the apportionment of the expenses) pursuant to section 20 (4) of the said Act.

Dated this

day of

19

.

Signed ..................................................................

*Applicant/*Solicitor for Applicant

To the above-named Respondent,

of

..................................................

and

To

.................................................

of

..................................................

the above-named fire authority.

* Delete words inapplicable

No. 92.2

O.92, r.3 (3)

FIRE SERVICES ACT, 1981

ORDER PURSUANT TO SECTION 20 (4)

District Court Area of

District No.

....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

UPON HEARING an application made to this Court to-day by the above-named

applicant, of

....................................................................................................................................

for an order *(concerning the expenses) *(for the apportionment of the expenses) of carrying out work required by a fire safety notice served upon the applicant by ......................, a fire authority, on the day of 19 pursuant to section 20 of the above-mentioned Act,

THE COURT being satisfied

that the applicant is the *(owner) *(occupier) and that the respondent is the

*(occupier) *(owner) of the *(building) *(land) situated at

...................................................................

in court area and district aforesaid,

that the respondent was duly served with notice of the application,

having heard the evidence tendered by or on behalf of the applicant *(and the respondent), and

*(being satisfied) *(not being satisfied) that *(the whole of) *(part of) the expense of the said work should be borne by the respondent,

HEREBY ORDERS *(that the whole of the expense of carrying out the work required by the said fire safety notice be borne by the respondent/applicant.)

*(that the expense of carrying out the work required by the said fire safety notice be apportioned between the applicant and the respondent as follows:—

Applicant

% and

Respondent

%.)

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court.

* Delete where inapplicable

No. 92.3

O.92, r.4 (1)

FIRE SERVICES ACT, 1981

NOTICE OF APPEAL

District Court Area of

District No.

.....................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

TAKE NOTICE that the above-named Appellant, of

...................................................................

having been served by the above-named Respondent, a fire authority, on the day of 19 with a fire safety notice pursuant to section 20 of the above-mentioned

Act in relation to the *(building) *(land) situated at

.....................................................................

in the court area and district aforesaid,

HEREBY APPEALS to the District Court sitting at

..................................................................

on the day of 19 at a.m./p.m. against the said fire safety notice on the following ground(s):—

(Give grounds) for the appeal as specified in section 21 (1) of the said Act)

Dated this

day of

19

.

Signed .........................................................

*Appellant/*Solicitor for Appellant.

To the above-named Respondent,

a fire authority,

of

..........................................................

* Delete words inapplicable

No. 92.4

O.92, r.4 (3)

FIRE SERVICES ACT, 1981

ORDER ON APPEAL

District Court Area of

District No.

....................................................................................................................................................

Applicant

......................................................................................................................................................

Respondent

UPON HEARING an appeal brought by the above-named Appellant of

........................................

against a fire safety notice served upon him/her by the above-named Respondent, a fire authority, on the day of 19 pursuant to section 20 of the above-mentioned

Act in relation to the *(building) *(land) situated at

...........................................................................

in the court area and district aforesaid, the said Appellant being the *(owner) *(occupier) thereof,

THE COURT HEREBY *(annuls the said fire safety notice.)

*(confirms the said fire safety notice.)

*(confirms the said fire safety notice subject to the following *(modifications/

*alterations/*additions:—

.)

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

* Delete words inapplicable

No. 92.5

O.92, r.5 (2)

FIRE SERVICES ACT, 1981

WARRANT UNDER SECTION 22 (7) OF THE ACT

District Court Area of

District No.

WHEREAS IT APPEARS from an information on oath and in writing sworn before

me by

..........................................................................................................................................................

a person duly appointed in that behalf by the

....................................................................................

a fire authority, that

................................................................................................................................

an authorised person of the said fire authority within the meaning of section 22 (1) of the above-mentioned Act has been refused entry to *(land) `(building) situated at

................................................................................................................

in the court area and district aforesaid,

in the exercise of his/her powers under section 22 of the said Act,

AND BEING SATISFIED that such entry is necessary for the exercise of such powers,

THE COURT HEREBY AUTHORISES YOU

........................................................................

the said authorised person, to enter the said *(land) *(building) in the exercise of your powers under section 22 of the said Act.

Dated this

day of

19

.

Signed .........................................................

Judge of the District Court

To the above-named authorised person,

of

................................................................

* Delete words inapplicable

No. 93.1

O.93, r.3 (1)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 9 (5)

NOTICE OF APPLICATION FOR AN ORDER DETERMINING WHO SHALL BE TENANT

District Court Area of

District No.

....................................................................................................................................................

Applicant(s)

....................................................................................................................................................

Respondent(s)

WHEREAS

, the original tenant/the tenant of the

dwelling

in court area and district aforesaid to which section 9

of the Act relates died on the day of 19 ,

AND WHEREAS

, members of the family of

,

the original tenant, were bona fide residing in the dwelling at such death, and there being no agreement between the members as to who should retain possession of the dwelling as tenant,

TAKE NOTICE that application will be made to the District Court to be held at on the day of 19 , at .m. for an order determining who shall be entitled to retain possession as the tenant.

Dated this

day of

19

.

Signed .............................................................

Applicant(s)/Solicitor

To

of

No. 93.2

O.93, r.3 (1)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 9 (5)

ORDER DETERMINING WHO SHALL BE TENANT

District Court Area of

District No.

.....................................................................................................................................................

Applicant(s)

.....................................................................................................................................................

Respondent(s)

UPON APPLICATION by the applicant(s) for an order under section 9 (5) of the Act in respect of the dwelling

in the court area and district aforesaid,

THE COURT being satisfied

1. that the *(original tenant) *(tenant) of the dwelling died on the day of 19 ,

2. that

,members of the family of the

original tenant, were bona fide residing in the dwelling at such death.

ORDERS that

shall be entitled to retain possession as the tenant

AND ORDERS that

do pay to

£ costs and £ expenses, making together the sum of £ ,

AND COMMANDS all sheriffs and county registrars to take in execution the goods

of the said

to satisfy the said sum.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

No. 93.3

O.93, r.3 (2)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 12 (4)

NOTICE OF APPLICATION FOR AN ORDER ON A *DISPUTE/*FAILURE/*QUESTION/WHICH HAS *ARISEN/*OCCURRED

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

WHEREAS the applicant is the *landlord/*tenant of the dwelling , in the court area and district aforesaid, to which section 8 (1) of the Act relates, and the respondent is the *tenant/*landlord thereof,

AND WHEREAS the Court by order dated the day of 19 , fixed the terms of the tenancy of the dwelling,

AND WHEREAS a *dispute/*failure/*question/ has *arisen/*occurred/ in the carrying out of that order, as follows:—†

TAKE NOTICE that the applicant will apply to the District Court to be held at on the day of 19 , at .m. for such order as justice may require.

Dated this

day of

19

.

Signed ..........................................................

Applicant/Solicitor

To

of

*Landlord/*Tenant

* Delete words inapplicable

† Give details

No. 93.4

O.93, r.3 (2)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

ORDER UNDER SECTION 12 (4)

District Court Area of

District No.

.....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

UPON APPLICATION by the applicant, the *landlord/*tenant of the

dwelling

, in the court area and district

aforesaid, to which section 8 (1) of the Act relates, for an order under section 12 (4) of the Act,

THE COURT being satisfied

1. that the respondent is the *landlord/*tenant of the dwelling,

2. that an order was made by the Court on the day of 19 , fixing the terms of the tenancy of the dwelling,

3. that a *dispute/*failure/*question/ has *arisen/*occurred/ in the carrying out of the order,

4. that notice of this application was served on the respondent

HEREBY ORDERS as follows:—

AND FURTHER ORDERS that

do pay to

£ for costs and £ for expenses making together the sum of £ ,

AND COMMANDS all sheriffs and county registrars to take in execution the goods

of the said

to satisfy the said sum.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

No. 93.5

O.93, r.3 (3)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 15

NOTICE OF APPLICATION FOR AN ORDER DETERMINING COMPENSATION FOR IMPROVEMENTS

District Court Area of

District No.

....................................................................................................................................................

Applicant

...................................................................................................................................................

Respondent

WHEREAS the applicant, of

, is the tenant/former tenant of the

dwelling

, in the court area and district aforesaid, to which

section 8(1) of the Act relates,

and the applicant has served a claim in writing on the respondent, landlord of the dwelling, seeking compensation for improvements,

and there is no agreement between the parties on the amount of the compensation,

TAKE NOTICE that the applicant will apply to the District Court to be held at

on the

day of

19 , at .m.

for an order determining the amount of compensation payable.

Dated this

day of

19

.

Signed .................................................................

Applicant/Solicitor

To

of

the above-named respondent.

No. 93.6

O.93, r.3 (3)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 15

ORDER DETERMINING COMPENSATION

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

UPON APPLICATION by the applicant for an order determining the amount of compensation payable by the respondent to him/her for improvements under section 15

of the Act to the dwelling

, in the

court area and district aforesaid to which section 8(1) of the Act relates,

THE COURT being satisfied that the applicant' is entitled to compensation,

HEREBY ORDERS that the amount of compensation payable to the applicant by the respondent shall be the sum of £

AND FURTHER ORDERS that the respondent do pay to the applicant £ for costs and £ for expenses

AND DIRECTS

1. that the compensation be paid as follows:—

2. and that the costs and expenses, being the sum of £ , be paid forthwith

AND in default of payment as aforesaid

COMMANDS all sheriffs and county registrars to take in execution the goods of the respondent to satisfy the compensation, costs and expenses, for the time being due and unpaid.

Dated this

day of

19

.

Signed ...............................................................

Judge of the District Court

(County Registrar's warrant to be added)

No. 93.7

O.93, r.3 (4)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 16

NOTICE OF APPLICATION FOR RECOVERY OF POSSESSION

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

WHEREAS the applicant is the landlord and the respondent is the tenant of the

dwelling

, in the court area and district aforesaid, to which

section 16 of the Act relates,

TAKE NOTICE that the applicant will apply to the District Court to be held at

on the

day of

19 , at .m.

for an order for the recovery of possession of the dwelling on the following grounds:—

Dated this

day of

19

.

Signed ..............................................................

Applicant/Solicitor

To

of

Tenant

No. 93.8

O.93, r.3 (4)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 16

WARRANT FOR DELIVERY OF POSSESSION

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

WHEREAS UPON APPLICATION by the above-named applicant, of

the landlord of the dwelling

, in the court area

and district aforesaid, to which section 16 of the Act relates, for an order for the recovery of possession of the dwelling,

THE COURT being satisfied that the applicant was entitled to the order sought,

ORDERED on the day of 19 , that the respondent deliver up possession of the dwelling to the applicant on or before the day of 19 , and pay to the applicant £ for arrears of rent, £ for mesne profits, £ for costs and £ for expenses, making together the sum of £ .

AND WHEREAS the said order has not been complied with,

THIS IS TO COMMAND you to whom this warrant is addressed to execute the said order as follows:—

To enter upon and give possession of the dwelling to the applicant or his/her agent, and to take in execution the goods of the respondent to satisfy the said sum of £ , and for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

To the County Registrar/Sheriff

of

and his/her assistants

(County Registrar's warrant to be added)

No. 93.9

O.93, r.3 (5)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 18

NOTICE OF APPLICATION FOR A STAY OF EXECUTION OR POSTPONEMENT OF DATE OF POSSESSION

District Court Area of

District No.

......................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

WHEREAS the Court on the day of 19 , granted to the respondent

an order for the recovery of possession of the dwelling

,

in the court area and district aforesaid from the applicant,

TAKE NOTICE that the applicant will apply to the District Court to be held at

on the

day of

19 , at .m.

for a stay of execution/postponement of the date of possession, on the following grounds:—

Dated this

day of

19

.

Signed ............................................................

Applicant/Solicitor

To

of

the above-named respondent

No. 93.10

O.93, r.3 (6)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 19

NOTICE OF APPLICATION FOR AN ORDER FOR COMPENSATION FOR DAMAGE OR LOSS

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

WHEREAS the applicant, of

, is the former tenant of the

dwelling

, in the court area and district aforesaid, to which

section 8 (1) of the Act relates, and the respondent is the landlord thereof,

AND WHEREAS the applicant claims that on the day of 19 , the respondent obtained from the Court by misrepresentation or concealment of material facts an order for the recovery of possession of the dwelling from the applicant,

TAKE NOTICE that the applicant will apply to the District Court to be held at

on the

day of

19 , at .m.

for an order that the respondent do pay to the applicant compensation for damage or loss sustained as result of the order for possession.

Dated this

day of

19

.

Signed ..................................................................

Applicant/Solicitor

To

of

Landlord

No. 93.11

O.93, r.3 (6)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 19

ORDER FOR PAYMENT OF COMPENSATION FOR DAMAGE OR LOSS

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

UPON APPLICATION by

of

former tenant of the dwelling

in the court area and district aforesaid. to which section 8 (1) of the Act relates, for an order for compensation under section 19 of the Act,

THE COURT being satisfied that the respondent, landlord of said dwelling, on the day of 19 , obtained from the Court by misrepresentation/concealment of material facts, an order for the recovery of possession of the dwelling from the applicant AND that as a result the applicant has sustained damage/loss,

HEREBY ORDERS that the respondent do pay to the applicant £ by way of compensation for the damage/loss, £ for costs and £ for expenses, making together the sum of £ ,

AND in default of payment of the said sum within

.......................................................................

COMMANDS all sheriffs and county registrars to take in execution the goods of the respondent to satisfy the said sum.

Dated this

day of

19

.

Signed ..............................................................

Judge of the District Court

(County Registrar's warrant to be added)

No. 93.12

O.93, r.3 (7)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 26 (5)

NOTICE OF APPEAL

District Court Area of

District No.

....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

TAKE NOTICE that the Appellant, of

, the landlord of the

dwelling

in the court area and district aforesaid, upon whom a

notice was served under section 26 (4) of the Act on the day of 19 , by the respondent, a housing authority, HEREBY APPEALS TO THE DISTRICT

COURT to be held at

on the day of 19 at .m. to have the notice set aside.

Dated this

day of

19

.

Signed ..................................................................

Appellant/Solicitor

To

of

Respondent

and to

of

Tenant

and to the Clerk of the District Court,

at

............................................................

No. 93.13

O.93, r.3 (7)

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Section 26 (5)

ORDER ON APPEAL

District Court Area of

District No.

....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

ON HEARING THE APPEAL herein to have a notice under section 26 (4) of the Act set aside,

THE COURT being satisfied that the work required to be carried out by a notice under section 26 (4) of the Act is/is not necessary to ensure that the dwelling complies with the requirements of the regulations.

HEREBY ORDERS as follows:—

AND FURTHER ORDERS that

do pay to

£ , being the costs of this appeal, and, £ expenses, making together the sum

of £

, and in default of payment of the said sum within

.....................................................

COMMANDS all sheriffs and county registrars to take in execution the goods of the

said

to satisfy the said sum.

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

(County Registrar's warrant to be added)

No. 95.1

O.95, r.2 (2)

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR DAMAGE TO PROPERTY

District Court Area of

District No.

.....................................................................................................................................................

Applicant

....................................................................................................................................................

Respondent

WHEREAS on the day of 19 , at in the court

(area and) district aforesaid, property, to wit,

was damaged

to the amount of £

, as follows:-*

.....................................................................................

(Insert hereunder one of the following recitals, as appropriate)

unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

and thereby the Applicant, of

.................................................................

has suffered the damage,

AND WHEREAS a preliminary notice was served on the day of 19 in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the damage will be made

at the sitting of the District Court to be held at

..................................................................

on the

day of 19 at a.m./p.m.

Dated this

day of

19

.

Signed ...............................................................

Applicant (or) Solicitor for

Applicant.

To: The Council of the County of

(or) To the Corporation of the County Borough of

Respondent.

* State nature of damage

No. 95.2

O.95, r.2 (2)

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR DAMAGE TO PROPERTY

(unlawfully taken and removed from the district)

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

WHEREAS on the day of 19 , property, to wit,

was unlawfully taken at

in the court (area and) district aforesaid,

and was removed from said district and was damaged to the amount of £ as

follows:- *

........................................................................................................................................

(Insert hereunder one of the following recitals, as appropriate)

unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

and thereby the Applicant, of

............................................................................

has suffered the damage,

AND WHEREAS a preliminary notice was served on the day of 19 in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the damage will be made

at the sitting of the District Court to be held at

..............................................................................

on the

day of 19 at a.m./p.m.

Dated this

day of

19

.

Signed .................................................................

Applicant (or) Solicitor for

Applicant.

To: The Council of the County of

(or) To the Corporation of the County Borough of

Respondent.

* State nature of damage

No. 95.3

O.95, r.2 (2)

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR DAMAGE TO PROPERTY

(in a harbour or within one mile beyond the coastal boundary or removed therefrom)

District Court Area of

District No.

...................................................................................................................................................

Applicant

...................................................................................................................................................

Respondent

WHEREAS on the day of 19 , property, to wit,

*(within the harbour at

),

*(at a place within one mile beyond the coastal boundary of the respondent's area),

*[having been unlawfully taken, was removed from *(within the harbour at

)*(a place within one mile beyond the coastal boundary of the respondent's area and]

was damaged to the amount of £

as follows:-†

....................................................................

...............................................................................................................................................................................

(Insert hereunder one of the following recitals, as appropriate)

unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

and thereby the Applicant, of

...........................................................................

has suffered the damage,

AND WHEREAS a preliminary notice was served on the day of 19 in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the damage will be made

at the sitting of the District Court to be held at

...................................................................

on the

day of 19 at a.m./p.m.

Dated this

day of

19

.

Signed ................................................................

Applicant (or) Solicitor for

Applicant.

To: The Council of the County of

(or) To the Corporation of the County Borough of

Respondent.

* Delete words inapplicable

† State nature of damage

No. 95.4

O.95, r.2 (2)

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a building in the course of a riot)

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

WHEREAS on the day of 19 at

in the court (area and) district aforesaid, *(a building) *(property within the curtilage of a building) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultuously and riotously assembled together and, in the course of

the riot, property, to wit,

valued £

was unlawfully taken from the building, and such taking, or entry to the building for the purpose of such taking, was facilitated by such damage,

and the Applicant, of

............................................................

has suffered the loss of the property taken,

AND WHEREAS a preliminary notice was served on the day of 19 in accordance with the provisions of section 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the loss will be made at the

sitting of the District Court to be held at

on the day

of 19 at a.m./p.m.

Dated this

day of

19

.

Signed ................................................................

Applicant (or) Solicitor for

Applicant.

To: The Council of the County of

(or) To the Corporation of the County Borough of

Respondent.

* Delete words inapplicable

No. 95.5

O.95, r.2 (2)

MALICIOUS INJURIES ACTS, 1981 AND 1986

NOTICE OF APPLICATION FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a ship in the course of a riot)

District Court Area of

District No.

.....................................................................................................................................................

Applicant

.....................................................................................................................................................

Respondent

WHEREAS on the day of 19 ,

*(within the harbour at

)

*(at a place within one mile beyond the coastal boundary of the Respondent's area), *(a ship) *(property on board a ship) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultuously and riotously assembled together and, in the course of the riot,

property, to wit,

valued £ was unlawfully taken from the ship,

and the Applicant, of

...........................................................................

has suffered the loss of the

property taken,

AND WHEREAS a preliminary notice was served on the day of 19 in accordance with the provisions of Becton 8 of the Malicious Injuries Act, 1981 ,

TAKE NOTICE that an application for compensation for the loss will be made at the

sitting of the District Court to be held at

...........................................................................................

on the

day of 19 at a.m./p.m.

Dated this

day of

19

.

Signed ............................................................

Applicant (or) Solicitor for

Applicant.

To: The Council of the County of

(or) To The Corporation of the County Borough of

Respondent.

* Delete words inapplicable

No. 95.6

O.95, r.4 (1)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR DAMAGE TO PROPERTY

District Court Area of

District No.

....................................................................................................................................................

Applicant

of

.......................................................................................................................................

...................................................................................................................................................

Respondent

...................................................................................................................................................

*Third Party

THIS APPLICATION for an award of compensation for damage to property coming before the Court this day,

THE COURT being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that the applicant suffered loss by damage on the day of 19

to property, to wit,

at

in the

court (area and) district aforesaid,

(insert hereunder one of the following recitals, as appropriate)

caused unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

3. that the applicant is entitled to compensation for the damage,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses making together the total sum of £ ,

*(AND ORDERS that the same be paid out of the funds of the respondent/third party).

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:- respondent % and third party % ORDERS that, of the said total sum, the sum of £ be paid out of the funds of the respondent and the sum of £ out of the funds of the third party).

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of % per annum on the † amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the *respondent *(and) *third party to satisfy the said award, costs, witnesses' expenses and interest on award.

Dated this

day of

19

.

Signed ..........................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

† If it exceeds £150

No. 95.7

O.95, r.4 (1)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR DAMAGE TO PROPERTY

(unlawfully taken and removed from the district)

District Court Area of

District No.

...................................................................................................................................................

Applicant

of

.......................................................................................................................................

...................................................................................................................................................

Respondent

....................................................................................................................................................

*Third Party

THIS APPLICATION for an award of compensation for damage to property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that property, to wit, , unlawfully taken on the day of 19 , at in the court (area and) district aforesaid, was removed from the district,

3. that the applicant suffered loss by damage to the said property

(insert hereunder one of the following recitals, as appropriate)

caused unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

4. that the applicant is entitled to compensation for the damage,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses making together the total sum of £ ,

*(AND ORDERS that the same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:- respondent % and third party %, ORDERS that, of the said total sum, the sum of £ be paid out of the funds of the respondent and the sum of £ out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of % per annum on † the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the *respondent *(and) *third party to satisfy the said award, costs, witnesses' expenses and interest on award.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

† If it exceeds £150

No. 95.8

O.95, r.4 (1)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR DAMAGE TO PROPERTY

(in a harbour or within one mile beyond the coastal boundary or removed therefrom)

District Court Area of

District No.

.....................................................................................................................................................

Applicant

of

........................................................................................................................................

.....................................................................................................................................................

Respondent

.....................................................................................................................................................

*Third Party

THIS APPLICATION for an award of compensation for damage to property coming before the Court this day.

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that the applicant suffered loss by damage on the day of 19 to

property, to wit,

(*within/*unlawfully taken and removed

from/the harbour at

)

(*at/*unlawfully, taken and removed from/a place within one mile beyond the coastal boundary of the respondent's area),

(insert hereunder one of the following recitals, as appropriate)

caused unlawfully by one or more of a number (exceeding two) of persons riotously assembled together,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation,

(or)

caused as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

3. that the applicant is entitled to compensation for the damage,

4. that the respondent is the local authority for the place on shore nearest the place *where the damage was caused/*from where the property was removed,

5. that the said place on shore is within the court (area and) district aforesaid,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses making together the total sum of £ ,

*(AND ORDERS that the same be paid out of the funds of the respondent/third party),

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:- respondent % and third party %, ORDERS that, of the said total sum, the sum of £ be paid out of the funds of the respondent and the sum of £ out of the funds of the third party.)

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of % per annum on † the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the *respondent *(and) *third party to satisfy the said award, costs, witnesses' expenses and interest on award.

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

† If it exceeds £150

No. 95.9

O.95, r.4 (1)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a building in the course of a riot)

District Court Area of

District No.

.....................................................................................................................................................

Applicant

of

.........................................................................................................................................

.....................................................................................................................................................

Respondent

....................................................................................................................................................

*Third Party

THIS APPLICATION for an award of compensation for loss of property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that on the day of 19 at in the court (area and) district aforesaid, *(a building) *(property within the curtilage of a building) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultuously and riotously assembled together and, in the course of the riot, property, to wit, valued £ was unlawfully taken from the building, and such taking, or entry to the building for the purpose of such taking, was facilitated by such damage,

3. that the applicant has suffered the loss of the property taken and is entitled to compensation for the loss,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses making together the total sum of £ ,

*(AND ORDERS that the same be paid out of the funds of the respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:- respondent % and third party %, ORDERS that, of the said total sum, the sum of £ be paid out of the funds of the respondent and the sum of £ out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of % per annum on † the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the *respondent *(and) *third party to satisfy the said award, costs, witnesses' expenses and interest on award.

Dated this

day of

19

.

Signed ................................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

† If it exceeds £150

No. 95.10

O.95, r.4 (1)

MALICIOUS INJURIES ACTS, 1981 AND 1986

DECREE FOR COMPENSATION FOR LOSS OF PROPERTY

(unlawfully taken from a ship in the course of a riot)

District Court Area of

District No.

.....................................................................................................................................................

Applicant

of

.........................................................................................................................................

......................................................................................................................................................

Respondent

......................................................................................................................................................

*Third Party

THIS APPLICATION for an award of compensation for loss of property coming before the Court this day,

THE COURT, being satisfied

1. that the preliminary notice and the notice of application were duly served,

2. that on the day of 19 *(within the harbour at )

*(at a place within one mile beyond the coastal boundary of the respondent's area), (a ship) *(property on board a ship) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultuously and riotously assembled together and, in the course of the riot, property, to wit, valued £ was unlawfully taken from the ship.

3. that the applicant has suffered the loss of the property taken and is entitled to compensation for the loss.

4. that the respondent is the local authority for the place on shore nearest the place where the property was taken,

5. that the said place on shore is within the court *(area and) district aforesaid,

AWARDS to the applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses making together the total sum of £ ,

*(AND ORDERS that the same be paid out of the funds of the respondent/third party),

*(and being satisfied that liability for compensation should be apportioned between the respondent and the third party as follows:- respondent % and third party %, ORDERS that, of the said total sum, the sum of £ be paid out of the funds of the respondent and the sum of £ out of the funds of the third party),

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of % per annum on +the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the *respondent *(and) *third party to satisfy the said award, costs, witnesses' expenses and interest on award.

Dated this

day of

19

.

Signed ...............................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

† If it exceeds £150

No. 95.11

O.95, r.4 (2)

MALICIOUS INJURIES ACTS, 1981 AND 1986

ORDER REFUSING COMPENSATION

District Court Area of

District No.

.....................................................................................................................................................

Applicant

of

.........................................................................................................................................

......................................................................................................................................................

Respondent

.....................................................................................................................................................

*Third Party

THIS APPLICATION for an award of compensation *for damage to/*for loss of property coming before the Court this day.

THE COURT having considered the same, and not being satisfied that the applicant is entitled to compensation

HEREBY ORDERS that the application be and the same is hereby refused.

AND FURTHER ORDERS that the applicant do pay to the respondent the sum of £ for costs and £ for witnesses' expenses, making together the sum of £ ,*(to the third party the sum of £ for costs and £ for witnesses' expenses, making together the sum of £ ).

AND COMMANDS all sheriffs and county registrars to levy the amount of the costs and witnesses' expenses and to take in execution the goods of the applicant to satisfy the said costs and expenses.

Dated this

day of

19

.

Signed ................................................................

Judge of the District Court

(County Registrar's warrant to be added)

* Delete words inapplicable

No. 96.1

O.96, r.1 (2)

AIR POLLUTION ACT, 1987

Section 14 (6)

INFORMATION FOR WARRANT TO ENTER PREMISES

District Court Area of

District No.

THE INFORMATION of

.........................................................................................................

of

.............................................................................................................................................................

who says on oath —

*(I am an authorised person within the meaning of section 7 of the above-mentioned

Act, having been so appointed in writing by

.......................................................................................

and I make this information under section 14 (6) of the said Act.)

*(I am the person who appointed

...............................................................................................

of

.......................................................................................................

to be an authorised person within the

meaning of section 7 of the above-mentioned Act and I make this information under section 14 (6) of the said Act.)

I say that on the day of 19 *(I,) the said authorised person was, while in exercise of *my *his/her powers under section 14 of the said Act, prevented, in

the following manner, from entering the premises situated at

................................................................

.................................................................................................................

in the court (area and) district aforesaid,

that is to say,—

and I hereby apply for a warrant pursuant to section 14 (6) of the said Act authorising such entry.

Signed ................................................................................

Informant.

SWORN before me this

day of

19

at

............................................................................................................................................................

Signed..................................................................

Judge of the District Court

* Delete where inapplicable

No. 96.2

O.96,r.1 (3)

AIR POLLUTION ACT, 1987

Section 14 (6)

WARRANT TO ENTER PREMISES

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me this day

pursuant to section 14 (6) of the above-mentioned Act by

...................................................................

................................................................................................

of

.............................................................

*(an authorised person) *(a person by whom

.......................................................................................

of

...........................................................

was appointed to be an authorised person) within the meaning

of section 7 of the said Act,

I AM SATISFIED that on the day of 19 the said authorised person was, while in exercise of his/her powers under section 14 of that Act, prevented from

entering the premises situated at

.................................................................................

in the court (area and)

district aforesaid,

THIS IS TO AUTHORISE YOU,

..............................................................................................

of

......................................................................................................................................

the said authorised

person, pursuant to section 14 (6) of the said Act, to enter the said premises situated at

.............................................................................................

in the court (area and) district aforesaid, in exercise

of your powers under section 14 of that Act.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

To the above-named authorised person.

* Delete where inapplicable

No. 96.3

O.96,r.2 (2)

AIR POLLUTION ACT, 1987

NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 28A(1)

District Court Area of

District No.

.............................................................................................................................................................

Applicant

of

...................................................................................................................................................

............................................................................................................................................................

Respondent

of

...................................................................................................................................................

WHEREAS the above-named applicant alleges that there is an emission from the

premises at

......................................................................................................................................

in court (area and) district aforesaid, other than an emission under and in compliance with a licence granted under the above-mentioned Act or an emission in compliance with an emission limit value specified under section 51 of that Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister for the Environment under subsection (3) of section 5 of that Act,

AND WHEREAS the above-named respondent is the occupier of the said premises,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

........................................................................................

on the day of 19

at a.m./p.m. for an order under subsection (1) of section 28A (inserted by the third schedule to the Environmental Protection Agency Act, 1992 ) of that Act requiring you, the respondent, to do one or more of the following,

— to terminate the emission, or

— to mitigate or remedy any effects of the emission, or

— to pay to the applicant or such other person as may be specified in the order a specified amount to defray all or part of any costs incurred in investigating, mitigating or remedying the effects of the emission,

and the applicant estimates that the costs of complying with such an order would not exceed £5,000.

Dated this

day of

19

.

Signed ................................................................

Applicant/Solicitor for Applicant

To

of

The above-named respondent.

No. 96.4

O.96,r.2 (3)

AIR POLLUTION ACT, 1987

ORDER UNDER SECTION 28A (1) OF THE ACT

District Court Area of

District No.

............................................................................................................................................................

Applicant

of

...........................................................................................................................................................

............................................................................................................................................................

Respondent

of

...........................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant for an order under section 28A (1) of the above-mentioned Act directed to the above-named

respondent in relation to an emission from the premises at

..................................................................

in court (area and) district aforesaid, the respondent being the occupier of the said premises,

THE COURT being satisfied that notice of the application was duly served and that the respondent has been given an opportunity of being heard in these proceedings, having heard the evidence tendered by the applicant *(and the respondent), being satisfied

— that there is an emission from the said premises other than an emission under and in compliance with a licence granted under the said Act or an emission in compliance with an emission limit value specified under section 51 of that Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister for the Environment under subsection (3) of section 5 of that Act, and

— that the respondent is the occupier of the said premises,

and being of opinion that the estimated cost of complying with this order will not exceed £.5,000,

HEREBY DIRECTS the respondent,

..............................................

of

.....................................

pursuant to section 28A (1) of the said Act,

*(to terminate the said emission within the period of from the date of this order.)

*(to mitigate/remedy any effects of the said emission in the following manner—

within the period of

from the

date of this order.)

*[to pay *(to the applicant) *(to

.................................................................................................

of

....................................................................

the sum of £ to defray *(part of) the cost incurred

*(by the applicant) *(by the said

.............................................................................................................

) in

investigating, mitigating, remedying the effects of the said emission.]

*(AND ORDERS pursuant to section 28A (3) (a) of the said Act,

(as to costs)—

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court.

* Delete where inapplicable

No. 96.5

O.96,r.2 (4)

AIR POLLUTION ACT, 1987

Section 28A (1) (c) (i)

ORDER TRANSFERRING AN APPLICATION TO THE *CIRCUIT COURT HIGH COURT

District Court Area of

District No.

.............................................................................................................................................................

Applicant

of

............................................................................................................................................................

.............................................................................................................................................................

Respondent

of

.........................................................................................................................................................

WHEREAS the above-named applicant on the day of 19 made application to this Court for an order under subsection (1) of section 28A (inserted by the third schedule to the Environmental Protection Agency Act, 1992 ) of the above-mentioned Act directed to the above-named respondent in relation to an emission from

the premises at

...............................................................................................................................

in court (area and) district aforesaid, the respondent being the occupier of the said premises,

AND WHEREAS notice of the application was duly served upon the respondent,

AND WHEREAS during the hearing of the application to-day the Court is now of opinion that the estimated cost of complying with the order sought will exceed £5,000,

THEREFORE, having regard to the amount of the said estimated cost, that is to say, the sum of £ ,

THE COURT HEREBY TRANSFERS the application, under section 28A (1) (c) (i) of the above-mentioned Act of 1987,

*to the Circuit Court.

*to the High Court.

Dated this

day of

19

.

Signed ............................................................

Judge of the District Court.

* Delete where inapplicable

No. 96.6

O.96,r.3 (2)

AIR POLLUTION ACT, 1987

NOTICE OF APPLICATION FOR AN ORDER UNDER

SECTION 55 (2) OF THE ACT

District Court Area of

District No.

...........................................................................................................................................................

Applicant

of

...........................................................................................................................................................

...........................................................................................................................................................

Respondent

of

...........................................................................................................................................................

WHEREAS the above-named applicant, being the occupier of the premises situated

at

...................................................................................................................................

in the court (area and)

district aforesaid, is unable, without the consent of the above-named respondent, to carry out works which he/she is required to carry out in order to comply with the provisions of the above-mentioned Act,

AND WHEREAS the respondent is withholding his/her consent to the carrying out of the works,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

..................................................................................................

on the

day of

19

at a.m./p.m. for an order under section 55 (2) of the said Act deeming the said consent to have been given and directing the applicant to carry out the works.

Dated this

day of

19

.

Signed .................................................................

Applicant/Solicitor for Applicant

To

of

the above-named respondent.

No. 96.7

O.96,r.3 (3)

AIR POLLUTION ACT, 1987

NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 55 (3) OF THE ACT

District Court Area of

District No.

...............................................................................................................................................................

Applicant

of

...........................................................................................................................................................

.............................................................................................................................................................

Respondent

of

...........................................................................................................................................................

WHEREAS the above-named applicant is the occupier of the premises situated

at

..................................................................................................................................

in the court (area and)

district aforesaid, and the above-named respondent is-

*(the owner of the said premises,)

*(another person having an interest in the said premises,)

*(the *owner *occupier of the adjoining premises,)

AND WHEREAS the applicant considers that the cost of works which he/she is required to carry out pursuant to the above-mentioned Act on the said premises, that is to say, the sum of £ , should be borne in whole or in part by the respondent,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

...............................................................................................

on the

day of

19

at a.m./p.m. for such order under section 55 (3) of the said Act as to the cost of the works as the Court considers just having regard to all the circumstances of the case.

Dated this

day of

19

.

Signed ..................................................................

Applicant/Solicitor for Applicant

To

of

The above-named Respondent.

* Delete where inapplicable

No. 96.8

O.96,r.3 (5)

AIR POLLUTION ACT, 1987

ORDER PURSUANT TO SECTION 55 (2)

District Court Area of

District No.

.............................................................................................................................................................

Applicant

of

.............................................................................................................................................................

.............................................................................................................................................................

Respondent

of

..............................................................................................................................................................

UPON HEARING an application made to this court to-day by the above-named

applicant, being the occupier of the premises situated at

...............................................

in the court

(area and) district aforesaid, for an order under section 55 (2) of the above-mentioned Act,

THE COURT being satisfied-

that notice of the application has been duly served upon the above-named respondent,

that the applicant, being the occupier of the said premises, is unable, without the consent of the respondent, to carry out works which he/she is required to carry out in order to comply with the provisions of the said Act,

and having determined that the consent of the respondent has been unreasonably withheld,

HEREBY ORDERS pursuant to section 55 (2) of the said Act that the said consent be deemed to have been given,

AND DIRECTS the occupier of the said premises to carry out the said works.

Dated this

day of

19

.

Signed ................................................................

Judge of the District Court.

No. 96.9

O.96,r.3 (5)

AIR POLLUTION ACT, 1967

ORDER PURSUANT TO SECTION 55 (3)

District Court Area of

District No.

...............................................................................................................................................................

Applicant

of

............................................................................................................................................................

.............................................................................................................................................................

Respondent

of

.............................................................................................................................................................

UPON HEARING an application made to this Court to-day by the above-named applicant for an order pursuant to section 55 (3) of the above-mentioned Act, he/she

being the occupier of the premises situated at

....................................................

in the court (area and)

district aforesaid, who considers that the cost of works which he/she is required to carry out pursuant to the said Act on the said premises, that is to say, the sum of £ , should be borne in whole or in part by the respondent,

THE COURT being satisfied-

that notice of the application has been duly served,

that the applicant is the occupier of the said premises and is required to carry out the said works,

and that *(the whole of) *(part of) the cost of the said works should be borne *(bythe respondent) *(by ................................................ of ......................................................,)

HEREBY DIRECTS that the sum of £ , being *the whole of *part of the cost of

those works, be borne by *(the respondent,) *(the said

......................................................................)

*he/she being-

*the owner of the said premises.

*another person having an interest in the said premises.

*the *owner *occupier of the adjoining premises.

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court.

No. 96.10

O.96,r.5 (2)

LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977

NOTICE OP APPLICATION FOR AN ORDER UNDER SECTION 10 (1)

District Court Area of

District No.

............................................................................................................................................................

Applicant

of

...........................................................................................................................................................

.............................................................................................................................................................

Respondent

of

.............................................................................................................................................................

WHEREAS the above-named applicant *(having an interest in the waters concerned) claims that the above-named respondent-

*[is causing or permitting, or has during the period from

to caused or permitted polluting matter to enter waters and the entry is or was not one to which section 3 (5) of the above-mentioned Act applies and is or was not under and in accordance with a licence under section 171 of the Fisheries (Consolidation) Act, 1959 ,]

*[is discharging or causing or permitting to be discharged, or has during the period

from

to

discharged

or caused or permitted to be discharged trade effluent or sewage effluent to waters and the discharge is or was not one to which subsection (2) of section 4 of the above-mentioned Act applies and is or was not under and in accordance with a licence under that section or under section 171 of the Fisheries (Consolidation) Act, 1959 ,]

*(AND WHEREAS the said waters are at

....................................................................................

in the said court district,)

*(AND WHEREAS the said *entry *discharge *is taking place 'took place from land

or other premises at

.........................................................................................................................

in the said court district,)

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

................................................................................................

on the

day of

19

at a.m./p.m. for an order pursuant to section 10 (1) of the said Act of 1977 in relation to the said *entry *discharge, and the applicant estimates that the cost of complying with such an order will not exceed £5,000.

Dated this

day of

19

.

Signed ..................................................................

Applicant/Solicitor for Applicant

To

of

The above-named respondent

*To

of

* Delete where inapplicable

No. 96.11

O.96,r.5 (3)

LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977

ORDER UNDER SECTION 10 (1) OF THE ACT

District Court Area of

District No.

............................................................................................................................................................

Applicant

of

..............................................................................................................................................................

............................................................................................................................................................

Respondent

of

............................................................................................................................................................

UPON APPLICATION made to this Court to-day by the above-named applicant * (having an interest in the waters concerned) for an order under section 10 (1) of the above-mentioned Act in respect of the above-mentioned respondent,

THE COURT being satisfied that notice of the application was duly served and that the respondent has been given an opportunity of being heard in these proceedings, having heard the evidence tendered by the applicant *(and by the respondent,) and being satisfied that the respondent-

*[is causing/permitting/has during the period from

to caused/permitted polluting matter to enter waters and the entry *is *was not one to which section 3 (5) of the above-mentioned Act applies and *is *was not under and in accordance with a licence under section 171 of the Fisheries (Consolidation) Act, 1959 ,]

*[is discharging/causing/permitting to be discharged/has during the period from

to discharged/caused/permitted to be discharged *trade effluent *sewage effluent to waters and the discharge *is *was not one to which subsection (2) of section 4 of the above-mentioned Act applies and *is *was not under and in accordance with a licence under that section or under section 171 of the Fisheries (Consolidation) Act, 1959 ,]

*(and that the waters concerned are at

...............................................................................................

in the said court district,)

*(and that the said entry/discharge is taking place/took place from land/the

premises at

......................................................................................................................................

in the said court district,)

and being of opinion that the estimated cost of complying with this order will not exceed £5,000,

HEREBY DIRECTS the respondent

....................................

of

................................................

pursuant to section 10 (1) of the said Act of 1977,

*(to terminate the said entry/discharge within the period of from the date of this order.)

*(to mitigate/remedy the effects of the said entry/discharge in the following manner-within the period of from the date of this Order.)

[to pay *(to the applicant) *(to

...........................................................................................................

of

........................................................................................................ )

the sum of £

to defray

*(part of) the costs incurred *(by the applicant) *(by the said

.............................................................)

in investigating, mitigating, remedying the effects of the said entry/discharge.]

*(AND ORDERS pursuant to section 10 (3) (b) of the said Act of 1977, (as to costs)

.)

*(AND ORDERS pursuant to section 10 (8) of the said Act of 1977, as follows:-

.)

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

NOTE

A person who does not comply with this order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a term not exceeding six months or both. (Section 10 (2) of the said Act of 1977)

* Delete where inapplicable

No. 96.12

O.96,r.6 (2)

LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977

Section 28 (7)

(application for warrant to enter)

INFORMATION

District Court Area of

District No.

THE INFORMATION of

.........................................................................................................

of

...........................................................................................................................................................

who says upon oath-

I am an authorised person within the meaning of section 28 (9) of the above-mentioned

Act, having been appointed by

.........................................................................................................

to be an authorised person for the purposes of that Act.

*I say that on the day of 19 admission to the

*(premises) *(vessel

......................................................... )

at

...............................................

in the court (area and) district aforesaid, which 1 was entitled to enter under section 28 of the said Act, was refused to me.]

*I say that, for the following reason(s), I believe that admission to the

*(premises) *(vessel

......................................................... )

at

............................................

in the court (area and) district aforesaid, which I am entitled to enter under section 28 of the said Act, will be refused to me, that is to say,-

I say that I require to enter the said premises/vessel for the purpose of -

and that I have reasonable ground for the entry,

I therefore apply pursuant to section 28 (7) of the said Act for a warrant authorising the to enter the said premises/vessel.

Signed .................................................................

Informant.

SWORN before me this

day of

19

at

.......................

Signed..................................................................

Judge of the District Court

* Delete where inapplicable

No. 96.13

O.96,r.6 (3)

LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977

Section 28 (7)

WARRANT TO ENTER A *PREMISES *VESSEL

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me on this

day by

.....................................................................

of

................................................................

an authorised person within the meaning of section 28 (9) of the above-mentioned Act, it has been shown to my satisfaction that

*[on the day of 19 admission to the

*(premises) *(vessel

.......................................................... )

at

..................................................

in the court (area and) district aforesaid, which that person was entitled to enter under section 28 of that Act, was refused to him/her,)

*it is apprehended that admission to the *(premises)

*(vessel

........................................................................... )

at

...................................................

in the court (area and) district aforesaid, which that person is entitled to enter under section 28 of that Act, will be refused to him/her,]

that entry to the said premises/vessel is required for the purpose of -

and that there is reasonable ground for the entry for that purpose,

THIS IS TO AUTHORISE YOU,

............................................................................................

of

................................................................................................................................................................

pursuant to section 28 (7) of the said Act, to enter the said *(premises)

*(vessel

................................................................................... )

at

.....................................................

in the court (area and) district aforesaid.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

To the above-named authorised person

NOTE

The above warrant shall continue in force until the purpose for which entry is required has been satisfied. (Section 28 (7) (b) of the Act).

* Delete where inapplicable

No. 96.14

O.96,r.7 (2)

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

Section 13 (6)

INFORMATION FOR WARRANT TO ENTER PREMISES

District Court Area of

District No.

THE INFORMATION of

.........................................................................................................

of

...........................................................................................................................................................

who says on oath-

*(I am an authorised person within the meaning of section 3 (1) of the above-mentioned

Act, having been so appointed in writing by

..................................................................................

and I

make this information, applying for a warrant, under section 13 (6) of that Act.)

*(I am the person who appointed in writing

............................................................................

of

.............................................................................................

to be an authorised person within the

meaning of section 3 (1) of the above-mentioned Act and 1 make this information, applying for a warrant, under section 13 (6) of that Act.)

*(I say that on the day of 19 *(I,) the said authorised person was, while in the exercise of *my *his/her powers under section 13 of that Act, prevented in the following manner from entering the premises situated at

.........................................................................

in the court (area and) district aforesaid, that is to say,-

.)

*(I say that I have the following reasons to believe that evidence related to a suspected offence under that Act may be removed or destroyed, that is to say,-

.)

and I hereby apply for a warrant authorising such entry.

Signed ..................................................................

Informant.

SWORN before me this

day of

19

at

.......................

Signed...................................................................

Judge of the District Court

* Delete where inapplicable

No. 96.15

O.96,r.7 (3)

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

Section 13 (6)

WARRANT TO ENTER PREMISES

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me on this day

pursuant to section 13 (6) of the above-mentioned Act by

..................................................................

.................................................................................................

of

..............................................................

*(an authorised person) *(a person by whom

.........................................................................................................

of

.................................................................................................................

was appointed in writing to be an

authorised person) within the meaning of section 13 (6) of that Act,

I AM SATISFIED-

*(that on the day of 19 the said authorised person was, while in the exercise of his/her powers under section 13 of that Act, prevented from

entering the premises situated at

.................................................................................................

in the court (area and) district aforesaid,)

*(that there is reason to believe that evidence related to a suspected offence under that Act may be removed or destroyed,)

THIS IS TO AUTHORISE YOU,

..............................................................................................

of

...................................................................................................................................................

the said authorised person, pursuant to section 13 (6) of the said Act, to enter the premises

situated at

......................................................................................................................................

in the court (area and) district aforesaid, in the exercise of your powers under section 13 of that Act.

Dated this

day of

19

.

Signed ...............................................................

Judge of the District Court

To the above-named authorised person.

* Delete where inapplicable

No. 96.16

O.96,r.8 (3)

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

ORDER PURSUANT TO SECTION 108 (1) IN RELATION TO NOISE

District Court Area of

District No.

...........................................................................................................................................................

Complainant

of

...........................................................................................................................................................

.............................................................................................................................................................

Defendant

of

.............................................................................................................................................................

UPON HEARING A COMPLAINT made to this Court to-day pursuant to section 108 (1) of the above-mentioned Act by the above-named complainant (being *a local authority/the Agency/a person aggrieved,) that the above-named defendant is the person/body making, causing or responsible for noise occurring on the day of 19

at

...................................................................................................................................................

in the court (area and) district aforesaid, such noise being

*/so loud/so continuous/so repeated/of such duration or pitch/or occurring at such times as to give reasonable cause for annoyance to -

*the complainant, *(being)

*a person in a premises in the neighbourhood,

*a person lawfully using a public place,

THE COURT being satisfied that the prescribed notice of intention to make the complaint was duly served upon the defendant,

having heard the evidence tendered by or on behalf of the complainant °"(and the defendant), and

being satisfied that a nuisance has been created by the said noise and that the defendant is the *person *body making/causing/responsible for the noise,

HEREBY ORDERS pursuant to section 108 (1) of the said Act,

*(that the said defendant do take the measures necessary to reduce the noise to the following level, that is to say, -

.)

*(that the said defendant do take the following measures for the prevention or limitation of the noise, that is to say, -

.)

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

* Delete words or clauses not applicable

No. 97.1

O.97, r.3 (1)

ROAD TRAFFIC ACT, 1961

SECTION 18 (8) (c) (ii)

NOTICE OF APPEAL TO THE DISTRICT COURT

District Court Area of

District No.

............................................................................................................................................................

Appellant

...............................................................................................................................................................

Respondent

(the issuing authority)

TAKE NOTICE that the above-named appellant of

................................................................

the owner of mechanically propelled vehicle registered number

........................................................

which said vehicle is ordinarily kept at

................................................................................................

in court area and district aforesaid,

INTENDS TO APPEAL to the District Court at

..........................................................................

on the day of 19 at a.m./ p.m.

AGAINST *(the refusal) *(the grounds of refusal) of the respondent issuing authority,

of

...................................................................................................................................................

to grant a test certificate in respect of the said vehicle on the following grounds:-

Dated this

day of

19

.

Signed ................................................................

Appellant/Solicitor for Appellant

To the Issuing Authority of the

at

Respondent

*(To

of

)

* Delete where inapplicable

No. 97.2

O.97, r.3 (1)

ROAD TRAFFIC ACT, 1961

Section 33

NOTICE OF APPEAL TO THE DISTRICT COURT

District Court Area of

District No.

.............................................................................................................................................................

Appellant

..............................................................................................................................................................

Respondent

(the issuing authority)

TAKE NOTICE that the above-named appellant of

.....................................................................

in court area and district aforesaid,

INTENDS TO APPEAL to the District Court at

..........................................................................

on the day of 19 at .m.

*(against the above-named issuing authority's refusal, under section 33 (3) (a) of the Act, to carry out a test.)

*(against the above-named issuing authority's deferring of a decision, under section 33 (4) of the Act, pending the production of a certificate of fitness.)

*(against the above-named issuing authority's decision under section 33 (4) of the Act.)

Dated this

day of

19

.

Signed .............................................................

Appellant/Solicitor for Appellant

To the Issuing Authority of the

at

Respondent

*(To

of

).

* Delete where inapplicable

No. 97.3

O.97, r.3 (1)

ROAD TRAFFIC ACT, 1961

Section 34 (5) (a)

NOTICE OF APPEAL TO THE DISTRICT COURT

District Court Area of

District No.

............................................................................................................................................................

Appellant

............................................................................................................................................................

Respondent

(the issuing authority)

TAKE NOTICE that the above-named appellant of

.....................................................................

in court area and district aforesaid,

INTENDS TO APPEAL to the District Court at

..........................................................................

on the day of 19 at .m. *(against the decision of the above-named

issuing authority, of

.........................................................................................................................

under subsection (4) of section 34 of the above Act)

*(against the deferring of a decision by the above-named issuing authority of

......................................

under subsection (4) of section 34 of the above Act pending the production of a certificate of competency).

Dated this

day of

19

.

Signed ...............................................................

Appellant/Solicitor for Appellant

To the Issuing Authority of the

at

Respondent

*(To

of

)

* Delete where inapplicable

No. 97.4

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 18 (8) (c) (ii)

ORDER ON APPEAL

District Court Area of

District No.

............................................................................................................................................................

Appellant

............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

...........................................................................................................

the owner of mechanically propelled vehicle registered number

............................................................

which said vehicle is ordinarily kept at

...............................................................................................

in court area and district aforesaid, against *(the refusal) *(the grounds of refusal) by

the Respondent of

...........................................................................................................................

to grant a test certificate in respect of the said vehicle.

THE COURT on the day of 19 ORDERED AND DIRECTED the Respondent to conduct a new test of the said vehicle.

Dated this

day of

19

.

Signed ...............................................................

Judge of the District Court

* Delete where inapplicable

No. 97.5

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 18 (8) (c) (ii)

ORDER ON APPEAL

(REFUSAL)

District Court Area of

District No.

............................................................................................................................................................

Appellant

.............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

............................................................................................................

the owner of mechanically propelled vehicle registered number

............................................................

which said vehicle is ordinarily kept at

..........................................................................................

in court area and district aforesaid, against *(the refusal) *(the grounds of refusal) by

the Respondent of

to grant a test certificate in respect of the said vehicle,

THE COURT on the day of 19 ORDERED that the said appeal be REFUSED.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

* Delete where inapplicable

No. 97.6

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 33 (3A) (b)

ORDER ON APPEAL

District Court Area of

District No.

...............................................................................................................................................................

Appellant

.............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

in the court area and district aforesaid, against the refusal by the Respondent under subsection (3A) (a) of section 33 of the above Act to carry out a test,

THE COURT, being satisfied chat the eyesight or corrected eyesight of the Appellant complied with the prescribed standard,

ORDERED AND DIRECTED the Respondent to test (or cause to be tested) the Appellant under subsection (3) of section 33 of the above Act.

Dated this

day of

19

.

Signed ................................................................

Judge of the District Court

No. 97.7

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 33 (5) (a)

ORDER ON APPEAL

District Court Area of

District No.

...............................................................................................................................................................

Appellant

.............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

in court area and district aforesaid against the deferring by the Respondent of a decision under subsection (4) of section 33 of the above Act pending the production of a certificate of fitness,

THE COURT on the day of 19 ORDERED AND DIRECTED the Respondent to deal with the Appellant's application without requiring a certificate of fitness.

Dated this

day of

19

.

Signed .............................................................

Judge of the District Court

No. 97.8

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 33 (6) (a)

ORDER ON APPEAL

District Court Area of

District No.

............................................................................................................................................................

Appellant

...............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

..............................................................................................................

in court area and district aforesaid, against the decision by the Respondent under subsection (4) of section 33 of the above Act,

THE COURT on the day of 19 being satisfied that the test required by subsection (3) of section 33 of the above Act was not properly conducted ORDERED AND DIRECTED that the Appellant be given a further test.

Dated this

day of

19

.

Signed .............................................................

Judge of the District Court

No. 97.9

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 33

ORDER ON APPEAL

(REFUSAL)

District Court Area of

District No.

...........................................................................................................................................................

Appellant

.............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

in court area and district aforesaid,

* (against the Respondent's refusal, under section 33 (3A) (a) of the Act, to carry out a test,)

*(against the Respondent's deferring of a decision, under section 33 (4) of the Act, pending the production of a certificate of fitness,)

*(against the Respondent's decision under section 33 (4) of the Act,)

THE COURT ORDERED that the said appeal be REFUSED.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

* Delete where inapplicable

No. 97.10

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 34 (5) (a)

ORDER ON APPEAL

District Court Area of

District No.

............................................................................................................................................................

Appellant

............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

..............................................................................................................

in court area and district aforesaid,

*(against the decision of the Respondent under subsection (4) of section 34 of the above Act).

*(against the deferring by the Respondent of a decision under subsection (4) of section 34 of the above Act pending the production of a certificate of competency)

THE COURT on the day of 19 ORDERED AND DIRECTED

(here insert Court's directions).

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

* Delete whichever inapplicable

No. 97.11

O.97, r.3 (4)

ROAD TRAFFIC ACT, 1961

Section 34 (5) (a)

ORDER ON APPEAL

(REFUSAL)

District Court Area of

District No.

.............................................................................................................................................................

Appellant

............................................................................................................................................................

Respondent

UPON THE HEARING OF AN APPEAL on the day of 19

brought by the Appellant of

.............................................................................................................

in court area and district aforesaid

*(against the decision of the Respondent under subsection (4) of section 34 of the above Act)

*(against the deferring by the Respondent of a decision under subsection (4) of section

34 of the above Act pending the production of a certificate of competency)

THE COURT on the day of 19 ORDERED that the said appeal be REFUSED.

Dated this

day of

19

.

Signed .................................................................

Judge of the District Court

* Delete where inapplicable

No. 97.12

O.97, r.4 (2)

ROAD TRAFFIC ACT, 1961

Section 28 (1)

NOTICE OF APPLICATION FOR SPECIAL DISQUALIFICATION ORDER

District Court Area of

District No.

.............................................................................................................................................................

Appellant

.............................................................................................................................................................

Respondent

TAKE NOTICE that the above-named Applicant, an officer of the Garda Síochána

stationed at

..................................................................................................................................................

intends to apply to the District Court sitting at

....................................................................................

in court area and district aforesaid on the day of 19 at .m. for an Order declaring you, the above-named Respondent, the holder of a driving licence

and residing at

...............................................................................................................................

in court area and district aforesaid, to be disqualified for holding a driving licence on the grounds that by reason of*

you are unfit to drive a mechanically propelled vehicle.

Dated this

day of

19

.

Signed .................................................................

Applicant

To

of

the above-named Respondent

* Set out disease or physical or mental disability

No. 97.13

O.97, r.4 (2)

ROAD TRAFFIC ACT, 1961

Section 28 (2)

NOTICE OF APPLICATION FOR SPECIAL DISQUALIFICATION ORDER

District Court Area of

District No.

............................................................................................................................................................

Appellant

.............................................................................................................................................................

Respondent

TAKE NOTICE that the above-named Applicant, an officer of the Garda Síochána

stationed at

......................................................................................................................................

intends to apply to the District Court sitting at

....................................................................................

in court area and district aforesaid on the day of 19 at .m. for an Order declaring you, the above-named Respondent, the holder of a driving licence and

and residing at

...............................................................................................................................

in court area and district aforesaid, to be disqualified for holding a driving licence by reason of the fact that you are incompetent to drive a mechanically propelled vehicle.

Dated this

day of

19

.

Signed .................................................................

Applicant

To

of

the above-named Respondent

No. 97.14

O.97, r.4 (5)

ROAD TRAFFIC ACT, 1961

Section 28 (1)

SPECIAL DISQUALIFICATION ORDER

District Court Area of

District No.

............................................................................................................................................................

Appellant

............................................................................................................................................................

Respondent

UPON HEARING AN APPLICATION duly made to the Court on the day of 19 , by the Applicant, an officer of the Garda Síochána stationed at

................................................................................................................

for an Order declaring the Respondent of

................................................................................................................

in court area and district aforesaid, to be

disqualified for holding a driving licence on the grounds that the said Respondent by reason of*

is unfit to drive a mechanically propelled vehicle;

AND THE COURT being satisfied that at least ten days' notice of the making of the application was given to the Respondent;

THE COURT ORDERED that the said Respondent be disqualified for holding a driving licence until the said Respondent produces to the appropriate licensing authority a certificate of fitness.

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

* Set out disease or physical or mental disability

No. 97.15

O.97, r.4 (5)

ROAD TRAFFIC ACT, 1961

Section 28 (2)

SPECIAL DISQUALIFICATION ORDER

District Court Area of

District No.

.............................................................................................................................................................

Appellant

.............................................................................................................................................................

Respondent

UPON HEARING AN APPLICATION duly made to the Court on the day of 19 , by the Applicant, an officer of the Garda Síochána stationed at

...............................................................................................................

for an Order declaring the Respondent of

...............................................................................................................

in court area and district aforesaid, to be

disqualified for holding a driving licence on the grounds that the said Respondent is incompetent to drive a mechanically propelled vehicle;

AND THE COURT being satisfied that at least ten days' notice of the making of the application was given to the Respondent;

THE COURT ORDERED that the said Respondent be disqualified for holding a driving licence until the said Respondent produces to the appropriate licensing authority a certificate of competency.

Dated this

day of

19

.

Signed ................................................................

Judge of the District Court

No. 97.16

O.97, r.5 (2)

ROAD TRAFFIC ACT, 1961

Section 29 (i) (a)

NOTICE OF APPLICATION FOR THE REMOVAL OF CONSEQUENTIAL DISQUALIFICATION

District Court Area of

District No.

.............................................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant of

.....................................................................

intends to apply to the District Court at

...................................................................................................

on the day of 19 at .m. for the removal of the consequential disqualification made by Order of the day of 19 at a sitting of the

Court held at

...................................................................................................................................

whereby the Applicant was declared disqualified for holding a driving licence for a period of from the day of 19 .

The said consequential disqualification became effective from the day of 19 .

Dated this

day of

19

.

Signed ..................................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

at

No. 97.17

O.97, r.5 (2)

ROAD TRAFFIC ACT, 1961

Section 29 (1) (b)

NOTICE OF APPLICATION FOR THE REMOVAL OF ANCILLARY DISQUALIFICATION

District Court Area of

District No.

............................................................................................................................................................

Applicant

TAKE NOTICE that the above-named Applicant of

.....................................................................

intends to apply to the District Court at

...................................................................................................

on the day of 19 , at .m. for the removal of the ancillary disqualification made by Order of the day of 19 at a sitting of the

Court held at

...........................................................................................................................................

whereby the Applicant was declared disqualified for holding a driving licence for a period of from the day of 19 .

The said ancillary disqualification became effective from the day of 19 .

Dated this

day of

19

.

Signed .................................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

at

No. 97.18

O.97, r.5 (5)

ROAD TRAFFIC ACT, 1961

Section 29 (i) (a)

ORDER FOR THE REMOVAL OF CONSEQUENTIAL DISQUALIFICATION

District Court Area of

District No.

............................................................................................................................................................

Applicant

UPON HEARING AN APPLICATION duly made to the Court on the day

of

19

by the Applicant, of

.........................................................................

for the removal of the consequential disqualification made by order of the day

of

19

at a sitting of the Court at

.......................................................................

in court area and district aforesaid whereby the Applicant was declared disqualified for holding a driving licence for a period of from the day of 19 which became effective on the day of 19 ,

AND THE COURT BEING SATISFIED that at least fourteen days' notice of the making of the Application was given to the Superintendent of the Garda Síochána for the district in which the Applicant ordinarily resides and that a period of *three*nine *twenty-one* months has now elapsed from the beginning of the period of disqualification,

THE COURT ORDERED that the said disqualification be removed with effect on and from the day of 19 , (being a date not earlier than *six months *one year*two years after the beginning of the period of disqualification)

Dated this

day of

19

.

Signed .............................................................

Judge of the District Court

No. 97.19

O.97, r.5 (5)

ROAD TRAFFIC ACT, 1961

Section 29 (i) (a)

ORDER OF REFUSAL

District Court Area of

District No.

............................................................................................................................................................

Applicant

UPON HEARING AN APPLICATION duly made to the Court on the day

of

19

by the Applicant, of

...........................................................................

for the removal of the consequential disqualification made by order of the day

of

19

at a sitting of the Court at

...................................................................

in court area and district aforesaid whereby the Applicant was declared disqualified for holding a driving licence for a period of from the day of 19 which became effective on the day of 19 ,

AND THE COURT BEING SATISFIED that at least fourteen days' notice of the making of the Application was given to the Superintendent of the Garda Síochána for the district in which the Applicant ordinarily resides and that a period of *three*nine *twenty-one months has now elapsed from the beginning of the period of disqualification,

THE COURT on the day of 19 ORDERED that the said application be REFUSED.

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

No. 97.20

O.97, r.5 (5)

ROAD TRAFFIC ACT, 1961

Section 29 (1) (b)

ORDER FOR THE REMOVAL OF ANCILLARY DISQUALIFICATION

District Court Area of

District No.

.............................................................................................................................................................

Applicant

UPON HEARING AN APPLICATION duly made to the Court on the day

of

19

by the Applicant, of

...........................................................................

for the removal of the consequential disqualification made by order of the day

of

19

at a sitting of the Court at

......................................................................

in court area and district aforesaid whereby the Applicant was declared disqualified for holding a driving licence for a period of from the day of 19 which became effective on the day of 19 ,

AND THE COURT BEING SATISFIED that at least fourteen days' notice of the making of the application was given to the Superintendent of the Garda Síochána for the district in which the Applicant ordinarily resides and that a period of two months has now elapsed from the beginning of the period of disqualification,

THE COURT ORDERED that the said disqualification be removed with effect on and from the day of 19 (being a date not earlier than three months after the beginning of the period of disqualification).

Dated this

day of

19

.

Signed ................................................................

Judge of the District Court

No. 97.21

O.97, r.5 (5)

ROAD TRAFFIC ACT, 1961

Section 29 (1) (b)

ORDER OF REFUSAL

District Court Area of

District No.

..............................................................................................................................................................

Applicant

UPON HEARING AN APPLICATION duly made to the Court on the day

of

19

by the Applicant, of

...........................................................................

for the removal of the consequential disqualification made by order of the day

of

19

at a sitting of the Court at

.......................................................................

in court area and district aforesaid whereby the Applicant was declared disqualified for holding a driving licence for a period of from the day of 19 which became effective on the day of 19 ,

AND THE COURT BEING SATISFIED that at least fourteen days' notice of the making of the application was given to the Superintendent of the Garda Síochána for the district in which the Applicant ordinarily resides and that a period of two months has now elapsed from the beginning of the period of disqualification;

THE COURT on the day of 19 ORDERED that the said application be REFUSED.

Dated this

day of

19

.

Signed ..................................................................

Judge of the District Court

No. 97.22

O.97, r.6

ROAD TRAFFIC ACT, 1961

Section 106 (6) (a)

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of

...........................................................................................................

of

...............................................................................................................................................................

who says on oath—

I am a member of the Garda Síochána.

I say that I have reasonable grounds for believing that an injury has been caused to

person or property in a public place and that a vehicle, namely,

...........................................................

was involved in the injury. Those grounds are as follows:—

I say that I have reasonable grounds for believing that the said vehicle is being kept

in the premises at

............................................................................................................................

in court (area and) district aforesaid. Those grounds are as follows:—

and I hereby apply for a warrant under subsection (6) of section 106 of the above-mentioned Act in relation to those premises.

Signed ...............................................................

Informant.

SWORN before me this

day of

19

at

...................................................................................

Signed..................................................................

Judge of the District Court

(or)

Peace Commissioner

No. 97.23

O.97, r.6

ROAD TRAFFIC ACT, 1961

Section 106 (6) (b)

SEARCH WARRANT

District Court Area of

District No.

WHEREAS on the application under section 106 (6) (a) of the above-mentioned Act made on this day by information on oath and in writing sworn before me, *(a Judge of

the District Court,) *(a Peace Commissioner,) by

.................................................................................

of

.......................................................................................

a member of the Garda Síochána, for a warrant

under section 106 (6) (b) of that Act in relation to the premises at

..........................................................

in court (area and) district aforesaid, I THINK IT PROPER SO TO DO,

I HEREBY AUTHORISE

........................................................................................................

of

.................................................................................................................................................

member(s) of the

Garda Síochána TO ENTER within one week from the date of this warrant, and if

necessary by the use of force, the said premises at

...............................................................................

in court (area and) district aforesaid, and TO SEARCH the said premises and TO EXAMINE, AND TO TAKE POSSESSION OF for the purposes of examination, any vehicle found during the search.

Dated this

day of

19

.

Signed ..............................................................

Judge of the District Court

(or)

Peace Commissioner

To the Superintendent of the Garda Síochána,

at

........................................................................

* Delete where not applicable

No. 98.1

O.98, r.2 (2)

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

Section 286 (2)

NOTICE OF APPLICATION FOR AN ORDER FOR PAYMENT OF A CONTRIBUTION TOWARDS A *BENEFIT *ALLOWANCE

District Court Area of

District No.

...............................................................................................................................................................

Applicant

(a competent authority)

............................................................................................................................................................

Respondent

WHEREAS under the above-mentioned Act a †

at the rate of £ per week *(increased by the sum of £ per week in respect

of

........................................,

.........................................,

........................................ ,

*(a) children) within the meaning of section 285 of the said Act) is being paid by the

above-named applicant to a recipient, namely,

..................................................................................

of

..............................................................................................................................................................

AND WHEREAS the applicant claims that you, the above-named respondent,

of

..............................................................................................................

in court area and district aforesaid,

are the person liable to maintain the said recipient *(and the said child(ren), and that you are liable under section 286 (1) of the said Act to contribute to the applicant the sum of £ per week (as determined by the applicant) towards such *benefit *allowance,

AND WHEREAS the applicant claims that you have failed or neglected to so contribute, application having been made to you to make such contribution,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be

held at

.............................................................................................................................................

on the day of 19 at a.m./p.m. for an order directing you to make such contribution towards the *benefit *allowance.

Dated this

day of

19

.

Signed ...............................................................

*Applicant/*Solicitor for Applicant

To

of

the above-named respondent.

* Delete words which are inapplicable

† State whether deserted wife's benefit, deserted wife's allowance, lone parent's allowance or supplementary welfare allowance.

No. 98.2

O.98, r.3 (1)

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

Section 286 (4)

ORDER DIRECTING PAYMENT OF CONTRIBUTION TOWARDS *BENEFIT *ALLOWANCE

District Court Area of

District No.

..............................................................................................................................................................

Applicant

(a competent authority)

............................................................................................................................................................

Respondent

UPON HEARING AN APPLICATION made to this Court by the above-named applicant for an order under section 286 (4) of the above-mentioned Act directing the

above-named respondent, of

...........................................................................................................

in court area and district aforesaid, to make a contribution of £ per week towards a †

at the rate of £ per week *(increased by the sum of £ per week in respect

of

.......................................................,

.......................................................,

......................................... ,

(a) child(ren) within the meaning of section 285 of the said Act) which is being paid by

the applicant to a recipient, namely,

....................................................................................................

of

................................................................................................

the respondent being the person liable to

maintain the said recipient *(and the said child(ren)),

THE COURT being satisfied that notice of the application was duly served upon the respondent,

having heard the evidence tendered by or on behalf of the applicant *(and the respondent),

being satisfied that the respondent, being the person liable to maintain the said recipient *(and the said child(ren)), is the person liable under section 286 (1) of the said Act to make a contribution to the applicant towards the said *benefit *allowance,

and being satisfied that the respondent has *failed *neglected to make such contribution and that the respondent is able to contribute to the *benefit *allowance granted,

HEREBY FIXES the amount of the contribution to be made by the respondent at the sum of £ per week,

AND HEREBY DIRECTS that the respondent do pay that contribution to the applicant by way of weekly payments of £ , the first of such weekly payments to be made

*(on the seventh day after service of this Order upon the respondent).

(on the day of 19 ).

Dated this

day of

19

.

Signed ................................................................

Judge of the District Court

* Delete words which are inapplicable

† State whether deserted wife's benefit, deserted wife's allowance, lone parent's allowance or supplementary welfare allowance.

No. 99.1

O.99, r.2

SUMMONS

(Issued by a Clerk in a matter other than a criminal matter)

District Court Area of

District No.

Between

.......................................................................................................................................

of

................................................................................................................................................

Applicant

and

............................................................................................................................................................

of

................................................................................................................................................

Respondent

(in court area and district aforesaid)

WHEREAS an application has been made to me by the above-named applicant on the day of 19 to sign and issue the summons to you, the above-named respondent, in respect of the following matter claimed by the applicant against you, namely, *

THIS IS TO NOTIFY YOU that the said matter will be laid before a sitting of the

District Court for the court area and district aforesaid to be held at

.......................................................

on the day of 19 at a.m./p.m.

AND TO REQUIRE YOU to appear at the said sitting to answer to the said matter.

Dated this

day of

19

.

at the District Court Office

at

..............................................

Signed......................................................

District Court Clerk assigned to the

court area aforesaid.

To

of

the above-named respondent

* State nature of proceedings or matter at issue, with time and place

SCHEDULE D

FORMS IN APPEALS TO THE DISTRICT COURT AND TO THE CIRCUIT COURT AND IN CASES STATED FOR THE SUPREME COURT AND FOR THE HIGH COURT

No. 100.1

O.100, r.1 (1)

NOTICE OF APPEAL TO THE DISTRICT COURT

District Court Area of

District No.

............................................................................................................................................................

Appellant

............................................................................................................................................................

Respondent

TAKE NOTICE that the above-named appellant, of

....................................................................

will appeal at the sitting of the District Court to be held at

...................................................................

on the day of 19 at a.m./p.m. from the *notice *decision

* direction of the above-named respondent, of

.....................................................................................

*served *given on the

day of

19

at

........................................................

*(in court area and district aforesaid) pursuant to section of the

(title of statute)

whereby

(give details of notice, decision or direction)

Dated this

day of

19

.

Signed ..................................................................

*Appellant/*Solicitor for Appellant

To

of

the above-named respondent.

*(To

of

).

To the Clerk of the District Court,

at

..........................................................

No. 100.2

O.100, r.

ORDER OF THE DISTRICT COURT ON HEARING AN APPEAL

District Court Area of

District No.

................................................................................................................................................................

Appellant

................................................................................................................................................................

Respondent

UPON HEARING AN APPEAL brought before this Court by the above-named

appellant, of

.....................................................................................................................................................

from a

*notice *decision *direction of the above-named respondent, of

......................................................

*served *given on the day of 19 , at

.................................................

*(in court area and district aforesaid) pursuant to section of the (title of statute)

whereby (give details of notice, decision or direction).

THE COURT being satisfied that notice of the appeal was duly served upon the respondent *(and upon every other party directly affected by the appeal),

and having heard the evidence tendered by or on behalf of the appellant *(and the respondent),

*[and being satisfied that the said appeal ought *(not) to be allowed]

*[and being satisfied that the *notice *decision *direction appealed from ought to be varied]

HEREBY ORDERS as follows:—

Dated this

day of

19

.

Signed...................................................................

Judge of the District Court.

*Delete words inapplicable

No. 101.1

0.101, r.1

NOTICE OF APPEAL TO THE CIRCUIT COURT

(CIVIL PROCEEDINGS)

District Court Area of

District No.

(Title of Proceedings)

TAKE NOTICE that (insert here, as appropriate, the Plaintiff/ the Respondent/the Applicant/(or) name the Third Party or other party appealing)

hereby appeals to the Judge of the Circuit Court at the next sitting of the Circuit Court

at

from the *(Decree) *(Dismiss) *(Order(s)) made by the Judge of the District Court in the above-mentioned proceedings on the day of 19 .

(OR)

from so much of the *(Decree) *(Dismiss) *(Order(s)) made by the Judge of the District Court in the above-mentioned proceedings on the day of 19 , as

declared

(set forth the part complained of)

Dated this

day of

19

.

Signed................................................................

Appellant/Solicitor for Appellant

To (the opposing Party/Parties)

of

....................................................

To the Clerk of the District Court,

at

....................................................

No. 101.2

0.101, r.1

NOTICE OF APPEAL TO THE CIRCUIT COURT

(CRIMINAL PROCEEDINGS)

District Court Area of

District No.

..................................................................................................................................................................

Prosecutor

of

.......................................................................................................................................................

..................................................................................................................................................................

Accused

of

.......................................................................................................................................................

TAKE NOTICE that the above-named *Prosecutor *Accused hereby appeals to the Judge of the Circuit Court at the next sitting of the Circuit Court at

from the †

imposed or made by the Judge of the District Court in the above-mentioned proceedings on the day of 19 .

Dated this

day of

19

.

Signed...................................................................

Appellant/Solicitor for Appellant

To (the opposing Party/Parties)

of

....................................................

To the Clerk of the District Court,

at

....................................................

* Delete words inapplicable

† Indicate exact nature of appeal, e.g. from - conviction and sentence, - sentence only, - order or orders, - driving disqualification order, or otherwise, as may be appropriate.

No. 101.3

0.101, r.4

RECOGNISANCE

(Appeal in civil cases)

District Court Area of

District No.

..............................................................................................................................................................

Plaintiff

...............................................................................................................................................................

Respondent

We

........................................................................

of

.......................................................................

a

................................................................................................

and

....................................................................

of

..........................................................................................

a

.......................................................................

and

....................................................................................

of

....................................................................

a

...........................................................................................................

severally acknowledge ourselves to owe to the

State the several sums following, that is to say, the said

............................................................................

the sum of

....................................

pounds and the said

....................................................

and the

said

............................................

the sum of

...............................................

pounds each, to the use of the

Minister for Finance if the above-named

......................................................................................

(Appellant)

fail in the condition hereunder.

..............................................................................................................................................................

Appellant

..............................................................................................................................................................

Surety

..............................................................................................................................................................

Surety

Acknowledged before me this

day of

19

.

Signed..................................................................

Judge of the District Court (or)

Peace Commissioner

The condition of this recognisance is such that if the said ............................................................... the above-named Appellant, prosecute the appeal in this proceeding at the next sitting of the Circuit Court to be held at ............................................................or at any other sitting of the said Circuit Court to which the appeal may be adjourned and pay the sum recoverable (and costs awarded) in the above proceeding and the costs of such appeal, and such other sum or sums as may be awarded against the Appellant (add any other appropriate conditions) then the above recognisance to be void, but otherwise to remain in full force and effect.

No. 101.4

O.101, r.4

RECOGNISANCE

(Appeal in criminal cases)

District Court Area of

District No.

................................................................................................................................................................

Prosecutor

.................................................................................................................................................................

Accused

We ...........................................................................of ...............................................................................

a ......................................................................................... and ..............................................................................

of ........................................................................................... a ...............................................................................

and ...................................................................................... of ................................................................................

a ............................................................ severally acknowledge ourselves to owe to theState the several sums

following, that is to say, the said .......................................... the sum of ........................................pounds and the said .................................. and the said ..................................the sum of ....................................... pounds each, to the use of the Minister for Finance if the above-named .................................................... (the Accused) fail in the condition hereunder,

...............................................................................................................................................................

Accused

...............................................................................................................................................................

Surety

................................................................................................................................................................

Surety

Acknowledged before me this

day of

19

.

Signed..................................................................

Judge of the District Court (or)

Peace Commissioner

The condition of this recognisance is such that if the said , the above-named accused, prosecute the appeal in this proceeding to the Circuit Judge at the Circuit Court to be held at ................................................................................. on the day of 19 , and attend personally at the sitting of such Court, or any adjournment or adjournments thereof, until such appeal shall have been determined, and abide and perform the judgment of the Circuit Judge thereon, and pay such costs as may be awarded against the accused and shall not abscond pending the execution of the order of the Circuit Judge or of the District Court Judge, then the above recognisance to be void, otherwise to remain in full force and effect.

No. 101.5

O.101, r.4

RECOGNISANCE IN APPEALS FROM ORDERS FOR IMPRISONMENT UNDER THE ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940

District Court Area of

District No.

.................................................................................................................................................................

Creditor

.................................................................................................................................................................

Debtor

We ............................................................................... of ........................................................................

a ............................................................................................ and ......................................................................

of ............................................................................................a ..........................................................................

and ........................................................................................ of .........................................................................

a ....................................................... severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said ............................................................ the sum of ......................... pounds and the said ............................ and the said ......................... the sum of pounds each, to the use of the Minister for Finance if the above-named ................................................... (the Accused) fail in the condition hereunder.

...............................................................................................................................................................

Appellant

...............................................................................................................................................................

Surety

...............................................................................................................................................................

Surety

Acknowledged before me this

day of

19

.

Signed..................................................................

Judge of the District Court (or)

Peace Commissioner

The condition of this recognisance is such that whereas the said

..................................................

........................................................

appealed to the Circuit Judge at the sitting of the Circuit Court to

be held at

..........................................................................................................................

on the day

of 19 , from an Order made against the Appellant on the day of 19 by the Judge of the District Court under section 6 of the Enforcement of Court Orders Act, 1940 , if therefore, the said....................................................... will personally appear at the next sitting of the Circuit Court to which such appeal has been taken, and at such sitting or sittings of the said Circuit Court to which the hearing of the said appeal may be adjourned and prosecute said appeal and pay such costs as may be awarded against the Appellant and will, pending the determination of said appeal, reside at such place as was his/her ordinary place of residence at the time of the service upon him/her of the Examination Summons dated the day of 19 or some other place within the County where such ordinary place of residence is situate, then the said recognisance to be void, or else to stand in full force and effect.

No. 101.6

O.101, r.4

RECOGNISANCE

APPEAL

(where a sum of money is accepted in lieu of surety or sureties)

District Court Area of

District No.

..............................................................................................................................................................

*Plaintiff

*Prosecutor

...............................................................................................................................................................

*Respondent

*Accused

I, .................................................................................................................................................... of ..................................................................... a .......................................................................................... acknowledge myself to owe to the State the sum of ................................................. pounds to the use of the Minister for Finance AND in lieu of surety/sureties I have, pursuant to the direction. of the Judge, lodged the sum of ...................................................................................... pounds;

AND I further acknowledge that both of the said sums are liable to be forfeit to the said Minister if I fail in the condition hereunder.

Signed

Acknowledged before me this

day of

19

.

Signed

Judge of the District Court (or)

Peace Commissioner

(Insert appropriate conditions as in Forms 101.3, 101.4 or 101.5 as the case may be)

*Delete whichever inapplicable

No. 101.7

O.101, r.12

CERTIFICATE

(APPEAL TO THE CIRCUIT COURT)

District Court Area of

District No.

(Title of Proceedings)

To the County Registrar,

Circuit Court Office

at

An Order/Orders having been made by the Judge of the District Court in the above-mentioned proceedings at the sitting of the District Court held at

on the day of 19 ,

And

................................................

(hereinafter called the Appellant), of

.......................................

.......................................................................

having served Notice of Appeal from the said Order(s) to the

Circuit Judge at the next sitting of the Circuit Court to be held at

...........................................................

I HEREBY CERTIFY THAT

Notice of the said Appeal was duly lodged with me,

*the said Appellant has entered into a recognisance to prosecute the said appeal,

*the said Appellant has lodged with me the sum of £ in lieu of sureties entering into recognisance in that amount.

A certified copy of (each) Order is sent herewith.

Dated this

day of

19

.

Signed..................................................................

Clerk of the District Court

I CERTIFY THAT upon hearing the said appeal on the day of .

19 ,the Circuit Judge sitting at

...............................................................

ordered as follows:-

Dated this

day of

19

.

Signed..................................................................

County Registrar

Whether warrant has been issued by the Circuit Court

........................................................................

*Delete where inapplicable

No. 102.1

O.100, r.2 (1)

MALICIOUS INJURIES ACT, 1981

Section 18 (2) (a)

NOTICE OF APPLICATION TO STATE A CASE

District Court Area of

District No.

.................................................................................................................................................................

Applicant

.................................................................................................................................................................

Respondent

.................................................................................................................................................................

* Third Party

TAKE NOTICE that ............................ of.......................................... the above-named *applicant/.*respondent/*third party/(or) *a ratepayer who appeared and was heard in the above-mentioned proceedings/, being dissatisfied with your determination of the above proceedings on the day of 19 , as being erroneous on a point of law,

HEREBY APPLIES to you to state and sign a case setting forth the facts and the grounds of the determination for the opinion thereon of the Supreme Court.

Dated this

day of

19

.

Signed..................................................................

Solicitor for/Applicant/*

Respondent/*Third Party*

Ratepayer

To the Judge of the District Court

assigned to the said District.

*Delete words inapplicable

No. 102.2

O.102, r.6

MALICIOUS INJURIES ACT, 1981

Section 18

CERTIFICATE OF REFUSAL TO STATE A CASE

District Court Area of

District No.

.................................................................................................................................................................

Applicant

.................................................................................................................................................................

Respondent

.................................................................................................................................................................

* Third Party

IT IS HEREBY CERTIFIED that on the day of 19 *a request/

*an application was made to the Court by .......................................................................................... of

.............................................................,

the above-named *applicant/*respondent/*third party (or)

*a ratepayer who appeared and was heard in the above-mentioned proceedings/ to state a case in this matter and that the said *request/*application was refused.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

*Delete words inapplicable

No. 102.3

O.102, r.8 (1)

SUMMARY JURISDICTION ACT, 1857

Section 2

NOTICE OF APPLICATION TO STATE A CASE

District Court Area of

District No.

...............................................................................................................................................................

*Applicant

*Prosecutor

...............................................................................................................................................................

*Respondent

*Accused

TAKE NOTICE that

.................................

of

.............................................................,

the

above-named *Applicant *Prosecutor *Respondent *Accused, being dissatisfied with your determination of the above proceedings on the day of 19 as being erroneous on a point of law, hereby applies to you to state and sign a case setting forth the facts and the grounds of such determination for the opinion thereon of the High Court.

Dated this

day of

19

.

Signed..................................................................

*(Solicitor for) *Applicant*

*Prosecutor *Respondent *Accused

To the Judge of the District Court

assigned to District No. .............

*Delete whichever inapplicable

No. 102.4

O.102, r.9, 11

RECOGNISANCE

(in a case stated)

District Court Area of

District No.

(Title of Proceedings)

We, ................................................................... of .................................................. a............................

and .......................................................................... of .................................................... a ...............................

and ......................................................................... of ..................................................... a ...............................

severally acknowledge ourselves to owe to the State the several sums following, that is.

to say, the said

...............................

the sum of £

and the said

..................................

and the said ......................................................................

the sum of £

each, to the use of the

Minister for Finance if the above-named

..........................................................................

fail in the condition

hereunder.

.............................................

Principal

Party

.............................................

Surety

.............................................

Surety

Acknowledged before me this

day of

19

.

Signed ..................................................................

Judge of the District Court

(The following recital to be used in appeals under the Summary Jurisdiction Act, 1857)

The condition of this recognisance is such that if the said

..................................................................

will prosecute without delay the case stated in these proceedings, and will submit to the judgment of the High Court and pay such costs as may be awarded by that Court,

(add for criminal cases where the appellant is in custody -

"and shall appear in person before the Judge at the sitting of the District Court for the court area aforesaid to be held next after the expiration of fourteen days from the day upon which the decision of the High Court shall be given, to abide such decision, unless the determination appealed against be reversed")

the said recognisance to be void or else to stand in full force and effect.

(The following recital to be used where proceedings are adjourned under O.102, r. 11)

The condition of this recognisance is such that if the said .......................................... will prosecute without delay the case stated in these proceedings, and will submit to the judgment of the High Court and of the Judge of the District Court consequent thereon and will pay such costs as may be awarded, and will appear in person before the Judge at the sitting of the District Court for the court area aforesaid to be held next after the expiration of fourteen days from the day upon which the decision of the High Court shall be given, to abide such decision, the said recognisance to be void or else to stand in full force and effect.

No. 102.5

O.102, r.14

NOTICE THAT CASE STATED HAS BEEN PREPARED AND SIGNED

District Court Area of

District No.

...............................................................................................................................................................

*Applicant

*Prosecutor

................................................................................................................................................................

*Respondent

*Accused

TAKE NOTICE that the Judge of the District Court, District No.

......................

sitting at

.....................................................

on the day of 19 , having referred a

question of law arising in the above-mentioned proceedings then before him/her to the High Court for determination, has now prepared and signed the case stated setting forth the said question of law,

AND FURTHER TAKE NOTICE that the said case stated will be transmitted to the Central Office of the High Court immediately.

Dated this

day of

19

.

Signed..................................................................

Clerk of the District Court

To

of

*Applicant *Prosecutor

and

To

of

*Respondent *Accused.

*Delete whichever inapplicable

No. 102.6

O.102, r.115

CERTIFICATE OF REFUSAL TO STATE A CASE

District Court Area of

District No.

................................................................................................................................................................

*Applicant

................................................................................................................................................................

*Respondent

*Accused

THIS IS TO CERTIFY that an application was made to me by

...................................................,

the above-named *Applicant *Respondent *Accused to state a case for the opinion of the High Court in this matter, and that I refused the said application as I considered that the application was frivolous.

Dated this

day of

19

.

Signed..................................................................

Judge of the District Court

*Delete where inapplicable

SCHEDULE OF COSTS

1. SOLICITORS' COSTS IN CIVIL [SUMMARY JUDGMENT] PROCEEDINGS

Amount due at the date of issue of the civil summons

If amount due is paid within ten days of service of civil summons

If amount due is not paid within ten days of service of civil summons

Not exceeding £50

Exceeding £50 and not exceeding £100

Exceeding £100 and not exceeding £250

Exceeding £250 and not exceeding £500

Exceeding £500 and not exceeding £1,000

Exceeding £1,000 and not exceeding £1,500

Exceeding £1,500 and not exceeding £2,000

Exceeding £2,000 and not exceeding £2,500

Exceeding £2,500 and not exceeding £3,000

Exceeding £3,000 and not exceeding £3,500

Exceeding £3,500 and not exceeding £4,000

Exceeding £4,000 and not exceeding £4,500

Exceeding £4,500 and not exceeding £5,000

£

5

8

11

15

25

33

42

50

60

70

80

90

100

£

9

14

19

26

47

64

81

98

100

105

120

135

150

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

If the civil summons is defended the costs of the successful party shall be in accordance with the appropriate Contract, Breach of Contract and Tort scale.

SCHEDULE OF COSTS

2. SOLICITORS COSTS IN CONTRACT, BREACH OF CONTRACT AND TORT PROCEEDINGS AND IN CLAIMS FOR DAMAGES UNCONNECTED WITH CONTRACT

Amount due at the date of issue of civil summons or, (as the case may be) the amount decreed for debt

If case settled before entry

Costs of decree if case not defended

Costs of decree if case defended

Costs of decree if case not defended but notice of intention to defend has been served and lodged

Costs of dismiss

Not exceeding £50

Exceeding £50 and not exceeding £100

Exceeding £100 and not exceeding £250

Exceeding £250 and not exceeding £500

Exceeding £500 and not exceeding £1,000

Exceeding £1,000 and not exceeding £1,500

Exceeding £1,500 and not exceeding £2,000

Exceeding £2,000 and not exceeding £2,500

Exceeding £2,500 and not exceeding £3,000

Exceeding £3,000 and not exceeding £3,500

Exceeding £3,500 and not exceeding £4,000

Exceeding £4,000 and not exceeding £4,500

Exceeding £4,500 and not exceeding £5,000

£

6

9

19

28

54

76

90

104

117

135

152

170

187

£

17

28

49

69

131

182

217

251

282

324

366

408

450

£

27

40

82

115

218

304

362

419

470

540

610

680

750

£

19

32

56

79

150

209

249

288

329

378

427

476

525

£

27

40

82

115

218

304

362

419

470

540

610

680

750

The above scale of costs shall

— in every instance be exclusive of and in addition to all actual and necessary outlay;

— apply to actions for wrongful detention brought by virtue of section 33 (3) of the Courts (Supplemental Provisions) Act, 1961 , according to the value of the goods as determined by the Court;

— apply to actions for wrongful detention arising out of a hire-purchase transaction.

SCHEDULE OF COSTS

3. SOLICITORS' COSTS IN EJECTMENT PROCEEDINGS INSTITUTED BY CIVIL SUMMONS

Annual Rent

If case settled before entry

Costs of decree if case not defended

Costs of decree if case defended

Costs of decree if case not defended but notice of intention to defend has been served and lodged

Costs of dismiss

Not exceeding £53

Exceeding £53 and not exceeding £100

Exceeding £100 and not exceeding £250

Exceeding £250 and not exceeding £500

Exceeding £500 and not exceeding £1,000

Exceeding £1,000 and not exceeding £1,500

Exceeding £1,500 and not exceeding £2,000

Exceeding £2,000 and not exceeding £2,500

Exceeding £2,500 and not exceeding £3,000

Exceeding £3,000 and not exceeding £3,500

Exceeding £3,500 and not exceeding £4,000

Exceeding £4,000 and not exceeding £4,500

Exceeding £4,500 and not exceeding £5,000

£

5

7

14

20

30

38

44

51

62

75

87

100

112

£

16

30

44

60

86

103

120

138

150

180

210

240

270

£

18

35

70

92

134

163

192

220

250

300

350

400

450

£

18

34

50

69

99

118

138

158

175

210

245

280

315

£

18

35

70

92

134

163

192

220

250

300

350

400

450

The above scale of costs shall

— in every instance be exclusive of and in addition to all actual and necessary outlay;

— not apply to ejectment proceedings brought before the Court on summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act, 1851 , section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871 or sections 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act, 1860 — in such proceedings costs shall be in the discretion of the Court and shall not exceed £10.00 in any case unless the Court shall, for special reason, otherwise order;

— apply to ejectment proceedings brought before the Court by civil summons pursuant to section 82 of the Civil Bill Courts (Ireland) Act, 1851 as applied to the District Court by section 17 of the Courts of Justice Act, 1928 .

SCHEDULE OF COSTS

4. SOLICITORS' COSTS IN PROCEEDINGS UNDER THE ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940

COSTS IN RELATION TO INSTALMENT ORDERS

Amount due

Costs

Not exceeding £50

Exceeding £50 and not exceeding £100

Exceeding £100 and not exceeding £250

Exceeding £250 and not exceeding £500

Exceeding £500 and not exceeding £1,000

Exceeding £1,000 and not exceeding £1,500

Exceeding £1,500 and not exceeding £2,000

Exceeding £2,000 and not exceeding £2,500

Exceeding £2,500 and not exceeding £3,000

Exceeding £3,000 and not exceeding £3,500

Exceeding £3,500 and not exceeding £4,000

Exceeding £4,000 and not exceeding £4,500

Exceeding £4,500 and not exceeding £5,000

Exceeding £5,000

£

10

14

17

25

30

45

60

75

90

105

120

135

150

165

or such greater sum as the Court shall think proper

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

5. SOLICITORS' COSTS IN PROCEEDINGS FOR COMPENSATION UNDER SECTION 15 of THE HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Amount of compensation awarded or, in case of dismiss, amount of compensation claimed

Costs if case not defended

Costs if case defended

Not exceeding £100

Exceeding £100 and not exceeding £250

Exceeding £250 and not exceeding £500

Exceeding £500 and not exceeding £1,000

Exceeding £1,000 and not exceeding £1,500

Exceeding £1,500 and not exceeding £2,000

Exceeding £2,000 and not exceeding £2,500

Exceeding £2,500 and not exceeding £3,000

Exceeding £3,000 and not exceeding £3,500

Exceeding £3,500 and not exceeding £4,000

Exceeding £4,000 and not exceeding £4,500

Exceeding £4,500 and not exceeding £5,000

£

28

49

69

131

182

217

251

282

324

366

408

450

£

40

82

115

218

304

362

419

470

540

610

680

750

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

6. SOLICITORS' COSTS IN PROCEEDINGS FOR RECOVERY OF POSSESSION UNDER SECTION 16 of THE HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Annual Rent

Costs if case settled before entry

Costs if case not defended

Costs if case defended

Costs of dismiss

Not exceeding £53

Exceeding £53 and not exceeding £100

Exceeding £100 and not exceeding £250

Exceeding £250 and not exceeding £500

Exceeding £500 and not exceeding £1,000

Exceeding £1,000 and not exceeding £1,500

Exceeding £1,500 and not exceeding £2,000

Exceeding £2,000 and not exceeding £2,500

Exceeding £2,500 and not exceeding £3,000

Exceeding £3,000 and not exceeding £3,500

Exceeding £3,500 and not exceeding £4,000

Exceeding £4,000 and not exceeding £4,500

Exceeding £4,500 and not exceeding £5,000

£

5

7

14

20

30

38

44

51

62

75

87

100

112

£

16

30

44

60

86

103

120

138

150

180

210

240

270

£

18

35

70

92

134

163

192

220

250

300

350

400

450

£

18

35

70

92

134

163

192

220

250

300

350

400

450

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

7. SOLICITORS' COSTS, WHERE AWARDED UNDER THE MALICIOUS INJURIES ACTS, 1981 AND 1986 TO A RESPONDENT OR TO OR AGAINST A RATEPAYER

Amount of compensation claimed

Costs

Exceeding £100 and not exceeding £200

Exceeding £200 and not exceeding £600

Exceeding £600 and not exceeding £1,100

Exceeding £1,100 and not exceeding £2,500

£

8

47

73

123

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

8. SOLICITORS' COSTS IN SUMMARY PROCEEDINGS BROUGHT BY SUMMONS FOR THE RECOVERY OF RATES

Amount sued for

Costs if case settled before hearing

Costs after hearing

Not exceeding £500

Exceeding £500 and not exceeding £1,000

Exceeding £1,000 and not exceeding £1,500

Exceeding £1,500 and not exceeding £2,500

Exceeding £2,500 and not exceeding £5,000

Exceeding £5,000

£

12

15

25

30

40

50

£

24

30

50

60

80

100

or such greater sum as the Court shall think proper.

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

9. MISCELLANEOUS COSTS

£

For drawing each additional copy of a civil summons necessarily served after the first

0.81

For drawing a witness summons and copies thereof, for attendance at the District Court Office for the purpose of issuing same, and for correspondence as to service

1.88

For attendance in Court not otherwise provided for, where allowed by the Judge, not exceeding

2.81

For service of documents which are required to be served by registered post.

0.40

The above costs may be allowed in addition to the costs in the other scales in this schedule.

10. SOLICITORS' COSTS IN CONSENT PROCEEDINGS TO WHICH SECTION 4 (c) OF THE COURTS ACT, 1991 RELATES

Where proceedings of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act, 1924 are brought before the District Court and the amount claimed in such proceedings is in excess of £5,000 and, pursuant to the proviso (inserted by section 4 (c) of the Courts Act, 199I) at the end of the said paragraph A, the necessary parties to the proceedings sign the prescribed form of consent (Form 8A, Schedule C), and the Court in determining such proceedings awards an amount in excess of £5,000, the successful party may be allowed costs in accordance with the foregoing scales in respect of the first £5,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds £5,000.

Where the proceedings are dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

SCHEDULE OF COSTS

11. SOLICITORS' COSTS IN ACTIONS TRANSFERRED FROM THE HIGH COURT OR THE CIRCUIT COURT

(1) Where an action, other than an action to which paragraph (2) hereof relates, has been remitted or transferred to the District Court

( a ) by the High Court pursuant to section 25 of the Courts of Justice Act, 1924 , or

( b ) by the Circuit Court pursuant to section 15 (1) of the Courts Act, 1991 ,

and the Court, in determining the matter, makes an order in favour of the plaintiff, such plaintiff shall not be entitled to recover any greater costs than the appropriate costs as set out in the foregoing scales which he or she would have been entitled to recover if the action had originally been commenced in the District Court. If the plaintiff fails to prove the claim, the defendant shall be entitled, in addition to any costs which may be allowed to him or her under the said scales, to a minimum sum of £50.00 or such greater sum as the Judge may in the circumstances consider proper.

(2) Where an action so remitted or transferred is an action for unliquidated damages and the Court, pursuant to section 15 (2) of the Courts Act, 1991 , makes an order awarding to a party to the action an amount in excess of £5,000 but not exceeding £10,000, the successful party may be allowed costs in accordance with the foregoing scales in respect of the first £5,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds £5,000. Where such an action is dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

SCHEDULE OF COUNSEL'S FEES

1. IN ANY DEFENDED CASE OF CONTRACT, BREACH OF CONTRACT, TORT OR IN CLAIMS FOR DAMAGES UNCONNECTED WITH CONTRACT—

To plaintiff's counsel when the amount recovered, or to defendant's counsel when the amount claimed

(i) exceeds 500 but does not exceed £1,000

£30

(ii) exceeds £1,000 but does not exceed £1,500

£45

(iii) exceeds £1,500 but does not exceed £2,000

£60

(iv) exceeds £2,000 but does not exceed £2,500

£75

(v) exceeds £2,500 but does not exceed £3,000

£90

(vi) exceeds £3,000 but does not exceed £3,500

£105

(vii) exceeds £3,500 but does not exceed £4,000

£120

(vii) exceeds £4,000 but does not exceed £4,500

£135

(ix) exceeds £4,500 but does not exceed £5,000

£150

2. IN ANY DEFENDED CASE OF EJECTMENT FOR OVERHOLDING OR NON-PAYMENT OF RENT—

To plaintiff's or defendant's counsel when the annual rent

(i) exceeds £500 but does not exceed £1,000

£30

(ii) exceeds £1,000 but does not exceed £1,500

£45

(iii) exceeds £1,500 but does not exceed £2,000

£60

(iv) exceeds £2,000 but does not exceed £2,500

£75

(v) exceeds £2,500 but does not exceed £3,000

£90

(vi) exceeds £3,000 but does not exceed £3,500

£105

(vii) exceeds £3,500 but does not exceed £4,000

£120

(vii) exceeds £4,000 but does not exceed £4,500

£135

(ix) exceeds £4,500 but does not exceed £5,000

£150

No additional fee shall be allowed to counsel under paragraphs 1 or 2 above as between party and party for any other work, including preliminary advice, consultation or advice on proofs.

3. COUNSEL'S FEES, WHERE AWARDED UNDER THE MALICIOUS INJURIES ACTS, 1981 AND 1986 TO A RESPONDENT OR TO OR AGAINST A RATEPAYER—

To Counsel when the amount of compensation claimed

(i) exceeds £500 but does not exceed £1,000

£30

(ii) exceeds £1,000 but does not exceed £1,500

£45

(iii) exceeds £1,500 but does not exceed £2,000

£60

(iv) exceeds £2,000 but does not exceed £2,500

£75

(v) exceeds £2,500 but does not exceed £3,000

£90

(vi) exceeds £3,000 but does not exceed £3,500

£105

(vii) exceeds £3,500 but does not exceed £4,000

£120

(vii) exceeds £4,000 but does not exceed £4,500

£135

(ix) exceeds £4,500 but does not exceed £5,000

£150

A fee for counsel may not be included in an award of costs under the above Acts unless the Court certifies that, in its opinion, the employment of such counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned, and no additional fee shall be allowed to counsel as between party and party for any other work, including preliminary advice, consultation or advice on proofs.

INDEX TO RULES

ABANDONMENT

of excess amount claimed or counterclaimed, O.39, r.12, O.41, r.6

ABSCOND

Arrest of person about to, O.20, O.22, r.1

ACCUSED

Application by, to set aside summary proceedings, O.10, r.23

Evading service, O.22, r.1

Failure of, to appear—

on remand, O.22, r.2

on summons, O.10, r.23, O.22, rr.1, 3, O.23, r.2, O.24, r.28

Renewal of application for bail by, O.18, r.4

Request by, for publication, O.14, r.5

Securing attendance of, for taking of deposition, O.24, rr. 27, 28

Service of documents upon, O.10, O.24, r.10

When in custody, exercise of jurisdiction, O.13, r.3

ACTION

By or against a minor or another under disability, O.39, r.11

Cause of, not to be split, O.39, r.12

For recovery of goods under Hire Purchase agreement, costs in, O.51, r.9

For wrongful detention of goods, costs in , O.51, r.10

Forwarding of, to the Circuit Court or the High Court, O.50

One person as party on behalf of several in, O.39, r.10

Partners in, furnishing of names, etc. O. 39, r.9

Suing a person in, by a trade name, furnishing of name, etc. O.39, r.9 (3)

Transfer of, from the High Court or the Circuit Court, O.39, r.15

costs in, O.51, r.13

Trial of two or more, togethr, O.46, r.2

See also CIVIL PROCEEDINGS

ADDRESS

Mode of, O.4

AD INTERIM TRANSFER

of intoxicating liquor licence, O.77 See under INTOXICATING LIQUOR

ADJOURNMENT

Costs of, O.36, r.2, O.51, r.7

From one court area to another, O.13, r.4

Of Court—

by Clerk, O.2 r.3

by direction of Judge, O.2, r.3 (1)

on non-attendance of Judge, O.2, r.3 (2)

persons deemed to have had notice of, O.2, r.3 (4)

Of hearing on accused's failure to appear in answer to summons, O.22, r.3

Clerk to notify accused of, O.22, r.3

Of preliminary examination, O.24, r.35

Of proceedings, O.2, rr.1, 2

On amendment, O.12, r.2, O.38, r.1 (3)

On refusal of witness to give evidence, O.21, r.2 (1)

ADVERTISEMENT

Court may determine in which newspapae inserted, O.12, r.12

Of notice of intended application for—

Auctioneer's Certificate, O.63, r.2 (3)

Certificate of Transfer, O.79, r.1 (3)

Club Certificate of Registraton and renewal thereof, O.83, r.4 (2)

Declaration as to fitness and covenience of proposed licensed premises, O.68, r.1 (5)

Exemption for Special Event, O.73, r.1 (3)

Exemption for licensed business on Sunday afternoons and St. Patricks's Day, O.74, rr.1 (4), 2 (3)

Exemption for unlicensed business on Sunday mornings and St. Patrick's Day, O.75, rr.1 (4), 2 (3)

Gaming Certificate, O.66, r.2 (4)

Off-Licence Certificate, O.68, r.1 (4)

Public Dance Licence, O.86, r.2 (4)

AFFIDAVIT

Before whom sworn, O.9, r.1

Certificate in lieu of, O.45, r.2 (1) (b)

Evidence by, in civil proceedings, O.8, r.3 (1)

In application for service out of jurisdiction, O.11, r.4

In ejectment proceedings for non-payment of rent, O.47, r.6

Insufficiency of, O.9, r.2

May be made by agent in case of rent due, O.47, r.6

Of debt, O.45, r.2 (1) (a)

Proof of consent by, O.45, r.2 (1) (c)

Time within which m ust be sworn, O.45, r.2 (2)

AGENT

Affidavit of debt by, in rent cases, O.47, r.6

Service upon, O.10, r.5

AIR NAVIGATION (EUROCONTROL)

Certificate of Clerk, O.90, r.5

Clerk to issue copy of decree and civil summons, O.90, r.4

Proceedings by civil summons, O.90, r.3

Venue for proceedings, O.90, r.2

ALLOWANCE

Or Benefit, Contribution towards, O.98

See under SOCIAL WELFARE

ALTERNATIVE

Charges, O.15, r.8

AMENDMENT

Generally, pwers of, O.2, rr.2, 25, O.38

In summary proceedings, O.38

To decree or dismiss, O.48, r.4 (2)

ANNUAL LICENSING COURT

Time and place for holding, O.81

APPEAL

To the Supreme Court or the High Court by way of Case Stated — O.102

See under CASE STATED

To the Circuit Court—

Appellant in cutody, O.101, r.7

Notice of, O.101, r.1

lodgment of, O.101, rr.2, 10

service of, O.101, rr.1, 8, 9

Order for detention of boat pending, under Fisheries Acts O.65, r.8

Order suspended pending, O.25, r.8 (4), O.101, r.11

Recognisance for,

exemption from entering into, O.12, r.20, O.95, r.9 (2)

form of, O.101, r.4

Stay of execution pending,

in civil proceedings, O.101, r.5

in criminal proceedings, O.101, r.6

Time for, O.101, rr.1, 3

Transmission of documents on, to Co., Registrar, O.101, r.12

Warrant not to issue pending hearing of, O.25, r.8, O.101, r.11

To the District Court—

Under the

Betting Act, 1931 , O.64

Fire Services Act, 1981 , O.92, r.4

Gaming and Lotteries Act, 1956 , O.66, r.4

Housing (Private Rented Dwellings) Act, 1982 , O.93, r.3 (7)

Road Traffic Acts, O.97

Safety, Health and Welfare at Work Act, 1989 (see footnote to O.100)

Street and House to House Collections Act, 1962 , O.88

Wildlife Act, 1976 , O.89

Where not otherwise provided for, O.100

APPEAR

Failure of accused to, See ACCUSED

Failure of witness to, See WITNESS

Notice of Intention to, O.62, r.6

Persons entitled to, See AUDIENCE

on an application for Cert. of Transfer of licence, O.79, r.2

ARREARS

Of maintenance, recovery of, under

enforceable maintenance order, O.55, r.5, (UK) O.62, r.15 (EC + EFTA)

Family Law (Maintenance of Spouses an dChildren) Act, 1976, O.54, r.13

Of rent, O.47, rr.11, 12

Under a compensation order, O.34

an order for payment of contribuiton towards S.W. benefit/allowance, O.98

ARREST

Of accused about to abscond, O.20, r.1

Procedure on,

particulars of offence to be set out on charge sheet, O.17, r.1

person to be brought before Judge, O.17, r.2

Release by member of Garda Síochána on bail after, O.17, r.4

Release after, pursuant to endorsement on warrant of arrest, O.17, r.5

Where there is power of, warrant may still be issued, O.16, r.5

ATTACHMENT OF EARNINGS

Proceedings for, O.56

See under FAMILY LAW

AUCTIONEERS

(And House Agents)

Application for Certificate of Qualificaton,

advertisement of, O.63, r.2 (3)

notice of, O.63, r.2 (2)

lodgment of notice, O.63, r.2 (4)

service of notice, O.63, r.2 (2)

order of the Court, O.63, r.2 (6)

Objection to grant of certificate, O.63, r.3

Production of documents at hearing, O.63, r.2 (5)

Venue, O.63, r.2

AUDIENCE

Right of,

by leave of the Court, O.6, r.2

in general, O.6, r.1 (a), (b), (c)

in proceedings by the D.P.P. or by the Garda Síochána, O.6, r.1 (e)

in Revenue proceedings, O.6, r.1 (d)

AUTHORISATION

Application for, by a registered Club, O.83, rr.10, 11

BAIL

Acceptance of money in lieu of sureties for, O.18, r.6

receipt for, O.18, r.9

repayment of, O.18, r.10

Admission to,

by Judge, O.18, r.1, O.19, rr.2, 5

by member of the Garda Síochána, O.17, rr.4, 5

in prison, O.18, r.13

Endorsement of consent to, on warrant, O.26, r.1

release on bal pursuant to, O.17, r.5

Estreatment of, O.27

Inability to give, O.13, r.3

On sending forward for trial or sentence, O.24, rr.30, 31

On transmitting perosn to another district, O.24, r.36 (1)

Person released on, failing to appear, O.22, r.2

Provisons relating to, to apply to witness, O.18, r.17

Refusal of, shall not prevent renewal of the application, O.18, r.4

Subsequent grant of, O.18, r.12

Sufficiency of sureties for, O.17, r.5, O.18, r.3

BANKER'S BOOKS

Application for order to inspect an copy entries in,

notice of, O.38, r.2 (2)

lodgment of notice, O.38, r.2 (2)

Order of the Court, O.38, r.2 (3)

service of order, O.38, r.2 (3)

Venue, O.38, r.2 (1)

BARRING ORDER

Application for O.59

See under FAMILY LAW (Protection of Spouses and Children)

BEER RETAILER'S LICENCE

Application for Certificate for, O.68

See under INTOXICATING LIQUOR (Off-Licences)

BENEFIT

Or Allowance under Social Welfare Acts, Contribution towards, O.98

See under SOCIAL WELFARE

BETTING ACT, 1931

Procedure on apeal against refusal of Garda Supt. to grant cert. of fitness or cert. of suitability of premises, O.64

BINDING OVER

O.16, r.7, O.24, r.23, O.101, r.4

BLOOD TESTS

Use of, in determining parentage, O.61

See under FAMILY LAW

BODY CORPORATE

Recognisance of, O.12, r.19

Service upon, O.10, r.7

BODY WARRANT

See under WARRANT

BOOKMAKER'S LICENCE

Procedure on appeal against refusal of Garda Supt. to grant cert. of fitness for, or cert. of suitability of premises for, O.64

CASE STATED

For the Supreme Court pursuant to section 18 of the Malicious Injuries Act, 1981

Application for, O.102, r.2

suspension of determination upon, O.102, r.3

Request (during hearing) for, O.102, r.4

adjournament of proceedings, O.102, r.4

For the High Court pursuant to section 2 of the Summary Jurisdiction Act, 1857—

Application for, O.102, r.8 (1)

Recognisance, O.102, r.9

Suspension of determination, O.102, r.10

Transmission of, to the HIgh Court, O.102, r.14

For the High Court pursuant to section 52 of the Courts (Supplemental Provisons) Act, 1961—

By Judge, without request, O.102, r.11

Request (during hearing) for, O.102, r.11

Transmission of, to the High Court, O.102, r.14

No extension of time for, O.12, r.3 (2)

Preparation of, by Judge, O.102, rr.5, 12

Refusal, Certificate of, O.102, rr.6, 15

Where application is made the D.P.P. etc., O.102, r.15

CERTIFICATE

As to Court's jurisdiction (EC or EFTA) O.62, r.5 (4)

By Clerk for enforcement of judgment abroad in (EC or EFTA) O.62, rr.9 (1) (b), 9 (2) in UK, O.55, r.10 (2) (b) (iii)

for transfer of an intoxicating liquor licence, O.79

to be transmitted to Co. Registrar in appeal cases, O.101, r.12

under section 9 (c) of the Air Navigation (Eurocontrol) Act, 1983 , O.90, r.5

under section 25 of the Intoxicating Liquor Act, 1962 , O.73, r.3, O.74, r.3, O.75, r.3

For Gaming Licence, O.66, r.2

Grant of an Off-Licence, O.68, r.1 (2)

Moneylender's Licence, O.84, r.2

Pawnbroker's licence, O.85, r.2 (4)

Renewal of an Intoxicating Liquor Licence, O.88, rr.5 (3), 8

Restaurant, O.69, r.1 (2)

Salmon Dealers's Licence, O.65, r.2 (5)

Wildlife Dealer's Licence, O.89, r.3 (4)

Of amount due, O.45, r. 2 (1) (b), O. 53, r.5

arrears, O.55, rr.4 (1) (b), 10 (2) (b) (iv), O.62, r.14 (1) (b)

breach of recognisance, O.27, r.1

consent to bail, O.18, r.11

non-execution of warrant, O.26, r.1

payment, O.53, r.12

place whre person or goods may be found, O.26, r.7 (2)

Qualification for Autioneer's/House Agent's Licence, O.63, r.2

refusal to state a case, O.102, rr.6, 15

Registration of a Club, O.83, rr.3 (3), 5, 7 (5)

two Peace Commissioners to accompany application for, O.83, r.4 (3) (c)

CHARGE SHEET

Copy of, to be given to person charges, O.17, r.1 (2)

Lodgment of, O.17, r.1 (3)

Particulars of offence to be set out on, O.17, r.1 (1)

CHILD

Custody and guadianship of, and access to, O.58

See under FAMILY LAW

Exercise of waiver by, O.24, r.8

Maintenance for, Orders 54, 55, 58, 62 See under FAMILY LAW

Protection of, O.59 See under FAMILY LAW

Service upon, O.10, r.9

See also under MINOR

CHILD CARE

access to child, O.84, r.25 (1)

authority to refuse access, O.84, r.26

discharge access order, O.84, r.25 (2)

variation of access order, O.84, r.25 (2)

care order, O.84, r.10

directions pending care order, O. 84, r.13

discharge of care care order, O.84, r.20

effect of appeal from, O.84, r.21

extension of operation of O.84, r.11

school attendance, O.84, r.33

service of care order, O.84, r.10 (2)

supervision order on application for care order, O.84, r.12

variation of care order, O.84, r.20

warrant to execute, O.84, r.10 (3), r.24

children's residential centre, O.84, r.32

delivery of child,

on application of health board, O.84, r.27

on information, O.84, r.28

search warrant, O.84, r.29

directions

as to visits, O.84, r.17

further directions, O.84, r.18

pending care order, O.84, r.13

question affecting welfare of child, O.84, r.30 (1)

may be varied, O.84, r.30 (2)

to health board to investigate, O.84, r.19

emergency care order, O.84,

effect of appeal from, O.84, r.21

ex parte, O.84, r.5 (2) (a)

may be granted elsewhere than at public sitting, O.84, r.5 (2) (b)

service, O.84, r.5 (1)

interim care order, O.84, r.9

effect of appeal from, O.84, r.21

application to extend period of interim care order, O.84, r.9 (3)

service, O.84, r.9 (1)

warrant to execute, O.84, r.9 (2)

parents ordered to contribute, O.84, r.15

pre-school service, O.84, r.31 (2)

proceedings to be heard otherwise than in public, O.84, r.2 (1)

proceedings to be informal, O.84, r.2 (3)

reports requested by parties, O.84, r.22

request by child to be present, O.84, r.23

service of documents, O.84, r.3

supervision order, O.84, r.16

on application for care order, O.84, r.12

pending care order, O.84, r.14

CHILDREN

(And Young Persons)

Application involving, in relation to compensation orders made under the Criminal Justice Act, 1993 , O.33

Proceedings involving, under the Children Acts, 1908 to 1989, prescribed forms to be used in, O.37

Summary Jurisdiction Rules, 1909 to apply to, O.37

See also under MINOR

CITIZENSHIP

Form of Declaration, O.94

See under IRISH NATIONALITY AND CITIZENSHIP

CIVIL PROCEEDINGS

Action

by or against a minor or another under disability, O.39, r.11

cause of, not to be split, O.39, r.12

for wrongful detention, costs in, O.51, r.10

forwarding of, to the circuit Court or the High Court, O.50

one person as party on behalf of several in, O.39, r.10

partners in, furnishing of names, etc. of, O.39, r.9

suing a person in, by a trade name, furnishing of name, etc. O.39, r.9 (3)

transfer of, from the Circuit Court or the High Court, O.39, r.15

trial of two or more, together, O.46, r.2

Civil Summons,

amendment of, O.12, r.2

contents of, O.39, r.4

disclosure of names of claimant partners in, O.39, r.9 (2)

particulars to be given, O.39, O.40

by order of the Court, O.40, r.3

in contract cases, O.40, r.2

in consumer credit cases, O.40, rr.1, 2, 3

service of, O.39, r.6

signing of, O.39, r.4 (5)

to be stamped, O.39, r.4 (6)

Consent Proceedings, O.39, r.4

Consumer Credit Proceedings, O.39, O.40

Costs in, O.39, r.4 (2), O.51, Schedule of Costs

Counterclaim, O.41, rr.5, 6, 7, 8

extension of time for giving notice of, O.41, r.5 (3)

may be proceded with as separate action, O.46, r.3

Decree

against one respondent and dismiss for another, O.46, r.9

by consent, O.46, r.11

cross decrees may be set off, O.46, r.10

duplicate, O.12, r.4

duration of, O.48, r.4

form of, O.46, r.12

in ejectment proceedings, O.47, rr.7, 8, 9

in summary judgment proceedings, O.45, r.2 (1) (d)

instalment, O.46, r.7 (2)

interest on, O.46, r.15

lodgment of, for apppeal, O.46, r.14

preparation of, O.46, r.14

Defence

of tender, O.41, r.3

set-off by way of, O.41, r.5

Defend

Notice of Intention to, O.41, r.1, O.42, r.6

Clerk to notify third party of date of hearing, O.42, r.6

late entry of, O.41, r.4

lodgment of, O.41, r.1, O.42, r.6

service of, O.41, r.1, O.42, r.6

where none given, O.42, r.8, O.45

Dismiss

duplicate, O.12, r.4

duration of, O.48, r.4

form of, O.46, r.13

preparation of, O.46, r.14

where previous dismiss without prejudice is produced, O.46, r.6

Ejectment

See under EJECTMENT PROCEEDINGS

Enforcement Proceedings

See under ENFORCEMENT OF JUDGMENTS

EC Judgments Convention, proceedings under,

See under EC JUDGMENTS CONVENTION

Execution of Decree or Dismiss, O.48, rr.1, 2, 3

by sheriffs and county registrars, O.48, r.1

not to take place after six years without leave, O.48, r.4

receipts for payments to be given by court messengers, O.48, r.3 (3)

stay of, O.46, r.7, O.48, r.3 (2), O.101, r.5

Hearing of Proceedings, O.46

Interpleader Proceedings, O.49

civil summons in, service of, O.49, r.9

claim in, admission or denial of, O.49, r.3

costs in, liability for, O.49, r.10

deposit made in, O.49, r.4

procedure where made, O.49, r.5

notice to execution creditor, O.49, r.2

notice of application for sale, O.49, r.6 (1)

application may be heard out of court, O.49, r.7

order for sale, O.49, r.8

service of notice, O.49, r.6 (2)

Judgment in Default,

Claim for a Debt or Liquidated Money Demand,

affidavit of debt, O.45, r.2 (1) (a)

statutory certificate in lieu of, O.45, r.2 (1) (b)

consent to judgment, verified by an affidavit, O.45, r.2 (1) (c)

refusal to enter judgment, O.45, r.2 (5)

review of judgment, O.45, r.3

where the conventions apply, O.45, r.4, 5, 6

Claim other than one for a Debt or Liquidated Money Demand, O.46, r.4

Lodgment of Money

acceptance of, O.41, r.2 (3)

approval of, by the Court, O.41, r.2 (4)

by respondent with notice of intention to defend, O.41, r.2 (1)

by a separate document, O.41, r.2 (2)

costs where amount decreed does not exceed amount of, O.41, r.2 (6)

disposal of amount lodged, O.41, r.2 (6)

in response to counterclaim, O.41, r.7

liability for costs where not accepted, O.41, r.2 (5)

Non-appearance in,

of plaintiff, O.46, r.5

of defendant, O.46, r.4

Parties in, description of, O.39, r.3

Partners in, O.39, r.9

Payment in certain cases to stay proceedings, O.39, r.8

Regulation of court business in, O.39, r.7

Set-Off in,

by way of defence, O.41, r.5

cross-decrees may be, O.46, r.10

Settlement

in Malicious Injuries cases, O.95, r.7

on behalf of minor or other person under disability, O.7, r.4 (2)

Third Party Procedure

available, when, O.42, r.1

between co-parties, O.42, r.11

setting aside of, O.42, r.7

Third Party,

decree against, O.42, r.9

execution against, O.42, r.10

notice of intention to defend by, O.42, r.6

where none given, O.42, r.8

rights of, O.42, r.5

Third Party Notice, O.42, r.1

copy of civil summons to be served with, O.42, r.2

lodgment of, O.42, r.3

service of, O.42, r.4

Trade Name, suing by, O.39, r.9 (3)

Transfer of Actions

from the Circuit Court or the High Court, O.39, r.15

to the Circuit Court or the High Court, O.50

Venue for Proceedings, O.39, r.1

CLERICAL MISTAKES

Or errors in, or omissions from certain documents, O.12, r.17

CLERK

See under DISTRICT COURT CLERK

CLUB

See under REGISTRATION OF CLUBS/CLUB AUTHORISATIONS

COLLECTIONS

Proceedings in relation to, O.88

See under STREET AND HOUSE TO HOUSE COLLECTIONS

COLLECTOR OF CUSTOMS AND EXCISE

Notice of Objection to Renewal of Intoxicating Liquor Licence—

Clerk to notify, on receipt of, O.80, r.4

Clerk to send certificate/copy of court order to, O.80, r.5 (2), 5 (3)

Clerk to notify, on lodgmentof appeal, O.80, r.6

Service of documents upon, O.80, r.7

Objections to First Grant of Wine Retailer's On-Licence—

Clerk to send caveat to, O.70, r.2 (2)

Clerk to send certified copy of court order to,O.70, r.3 (1)

COMMUNITY SERVICE

Proceedings under the Criminal Justice (Community Srvice) Act, 1983,

Application by an Offender under section 9, 10 (1) or 11 (1)—

form of notice of, O.30, r.4 (1)

lodgment of notice, O.30, r.5

service of notice, O.30, r.4 (2)

Application by a Relevant Officer under section 9, 10 (1) or 11 (1)—

form of summons, O.30, r.3 (2)

lodgment of summons, O.30, r.5

service of summons, O.30, r.3 (3)

Complaint by a Relevant Officer of an Offence under section 7 (4)—

form of summons, O.30, r.3 (1)

lodgment of summons, O.30, r.5

service of summons, O.30, r.3 (3)

Orders of the Court,

Clerk to send copies of, O.30, r.7

Community Service Order, form of, O.30, r.2

On change of residence by offender, O.30, r.6

Warrant of Execution udner section 8 (1) (a), O.30, r.8

COMPANY

Penalty against, enforcement of, O.23, r.8

Recognisance by, O.12, r.19

Service upon, O.10, r.6

COMPENSATION

Disposal of sums awarded as, O.23, r.9

COMPENSATION ORDER

under section 6 (1) of the Criminal Justice Act, 1993 ,

form of, O.33, r.2 (1)

service of, O.33, r.2 (2)

suspension of operation of, O.33, r.2 (3), 2 (4)

when it ceases to have effect, O.33, r.2 (6)

when not to take effect, O.33, r.2 (5)

Application by Convicted Person under section 6 (8) (a)—

form of notice of, O.33, r.3 (2)

service and lodgment of notice, O.33, r.3 (2)

order of the Court on , O.33, r.3 (3)

service of order, O.33, r.3 (3)

venue for, 0.33, r.3 (1)

Application by Injured Party under section 6 (8) (b)—

form of notice of, O.33, r.4 (2)

service and lodgment of notice, 0.33, r.4 (2)

order of the Court on O.33, r.4 (3)

service of order, O.33, r.4 (3)

venue for, O.33, r.4 (3)

Enforcement of Orders of the Court—

Clerk to register the order,

notify the convicted person,

give receipt for and transmit payments,O.33, r.5 (1), 5 (2)

Order 56 (Attachment of Earnings) and

Order 57 (Proceedings under sec. 8 of the Enforcement of Court Orders Act,1940) to apply, O.33, r.6

Order against a parent or guardian of child or young person may be made or adjusted, O.33, rr.2, 3, 4.

Section 9 (ii) of the Act,

form of court order under, in civil proceedings, O.33, r.7

COMPLAINT

Adjournament of hearing of, on accused's failure to appear on summons, 0.22, r.3.

Contents of, O15, rr. 8, 9.

Copy of, O.35, r.2.

In case of arrest, particulars of, to be set out on charge sheet, O.17, r.1.

To whom made, 0.15, r.1, O.16, r.1.

Variance, defects, etc., O.38, r.1 (1), 1 (2).

Where no offence disclosed, O.38, r.1 (4).

CONTRIBUTION

Towards Social Welfare Benefit or Allowance, O.98

See under SOCIAL WELFARE

CONTROL OF DOGS

Proceedings under the Control of Dogs Act, 1986 ,

Application for Removal of Disqualification—

form of notice of, O.91, r.6 (2)

lodgment of notice, O.91, r.6 (3)

service of notice, O.91, r.6 (2)

venue for, O.91, r.6 (1)

order of the Court, O.91, r.6 (4)

Application for Search Warrant—

form of information, O.91, r.5 (2)

order of the Court, O.91, r.5 (3)

venue for, O.91, r.5 (1)

Proceedings under section 22 (1) (a) relating to dangerous dogs—

Form of notice of complaint,O.91, r.3 (3)

lodgment of, O.91, r.3 (4)

service of, O.91, r.3 (3)

Order of the Court, O.91, r.3 (5)

Venue for, O.91, r.3 (1)

Proceedings under section 25 relating to excessive barking—

Form of notice of complaint, O.91, r.4 (3)

lodgment of, O.91, r.4 (4)

service of, O.91, r.4 (3)

Order of the Court, O.91, r.4 (5)

Venue for, O.91, r.4 (1), r (2).

Prosecution of Offences—

By Local Authority, O.91, r.2 (3)

Summons

application for, O.91, r.2 (4)

form of, O.91, r.2 (4)

issue of, by Court Office, O.91, r.2 (4)

lodgment of, O.91, r.2 (5)

service of, O.91, r.2 (4)

Venue for, O.91, r.2 (1), 2 (2)

CONTROL OF POLLUTION

Proceedings under the

Air Pollution Act; 1987, as amended,

Local Government (Water Pollution) ACt, 1977 , as amended,

Environmental Protection Agency Act, 1992 , O.96

See under PROTECTION OF THE ENVIRONMENT

CORONER

Notice to, by Clerk of result of proceedings, O.38, r.3

COSTS

In Civil Proceedings—

apportionment of, in Malicious Injuries cases, O.95, r.6

at discretion of Court, O.51, r.1

by way of recoupment, O.46, r.9

civil summons to show, O.39, r.4 (2)

Court may measure, O.51, r.14

in action for recovery of goods under hire purchase agreement, O.51, r.9

for wrongful detention, O.51,r.10

transferred form the Circuit court or the Hight Court, O.51, r.13

in consent proceedings, O.51, r.12

liability for, in Interpleader proceedings, O.49, r.10

of adjournment, O.51, r.7

of counterclaim, O.41, r.8

on review of judgment, 0.45, r.3 (5), 3 (6)

power to strike out with, where claim exceeds jurisdiciton, O.51, r.8

scales of, See SCHEDULE OF COSTS

security for, O.43

to apply to proceedings at the suit of the Attorney General, Ministers, etc., O.51, r.11

to be exclusive of V.A.T. and outlay, O.51, r.6

where lodgment is not accepted, O.41, r.2 (5)

no appropriate scale, O.51, r.14

no solicitor retained, O.51, r.4

respondent is not represented by a solicitor, O.51, r.5

In Criminal Proceedings — O.36,r.1

enforcement of order awarding, O.36, r.4

of adjournaments, O.36, r.2

where complaint is struck out, O.38, r.1 (4)

COUNSEL'S FEES

Court to certify for, O.52, r.1 (2)

In Civil Proceedings, O.52

In Malicious Injuries Proceedings, O.95

See also SCHEDULE OF COUNSEL'S FEES

COUNTERCLAIM

See under CIVIL PROCEEDINGS

COUNTY REGISTRAR

Execution by, O.48

In Interpleader Proceedings, O.49

Transmission of documents to, O.24, rr.32, 33, O.101, r.12

Warrant of, O.48, r.1

COURT

Adjournment of, O.2, r.3

Admission to, O.14, rr.1, 4.

Exclusion of public from, O.14, rr.2, 3, O.54, r.3, O.55, r.7, O.56, r.2 (2) O.58, r.3, O.59, r.3, O.60, r.3.

Sittings of, O.1

where none, O.19, r.2 (5)

CRIMINAL JUSTICE ACT, 1984

Application under, for preservation of photograph or print—

notice of, O.31, r.2 (1)

lodgment of, O.31, r.2 (3)

service of,O.31, r.2 (4)

order of the Court, O.31, r.3

Application for order to arrest under section 10—

by sworn information, O.31, r.4

order of the Court, O.31, r.5

CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

Application under, for retention of records and samples—

notice of, O.31, r.6 (1)

lodgment of, O.31, r.6 (4)

service of, O.31, r.6 (2), 6 (3)

order of the Court, O.31, r.7

CRIMINAL JUSTICE ACT, 1993

Compensation Order under section 6 (1) of, O.33

See under COMPENSATION ORDER

CUSTODY

(And Guardianship of Infants) O.58

See under FAMILY LAW

DANCING

Application for Licence for Public, O.86

See under PUBLIC DANCING

DECREE

In Civil Proceedings, See under CIVIL PROCEEDINGS

In Ejectment Proceedings, See under EJECTMENT PROCEEDINGS

In Malicious Injuries Cases, See under MALICIOUS INJURIES

DEFAULT

In Payment of a Fine, O.23, rr.7, 8.

Judment in, See under CIVIL PROCEEDINGS

DEFECT

In Summons or Warrant, O.38, r.1 (2)

DEFENCE FORCES

No Order of Committal under the Enforcement of Court Orders Acts to issue against a member of, O.53, r.8 (6)

DEFEND

Notice of Intention to, O.41

See under CIVIL PROCEEDINGS

DEPOSITION

Application for the taking of, O.24, r.24

Certified copy of, O.35, r.2

Form of, O>24, r.14

On illness of Judge before whom taken, deemed taken by Judge's successor, O.24, r.34

Transmission of, O.24, rr.29, 32, 33.

DIRECTOR OF PUBLIC PROSECUTIONS

Case must be stated when applied for by, O.102, r.15

Consent of, to summary trial, O.24, rr.2, 3.

how conveyed, O.24, r.4

Recognisance by, not required, O.12, r.20

Right of audience in proceedings at the suit of, O.6, r.1 (e)

Service of documents in complaints by, O.10, r.3

DISABILITY

Persons under, O.7

DISMISS

See under CIVIL PROCEEDINGS

EJECTMENT PROCEEDINGS

DISQUALIFICATION

Application for Removal of

for holding a driving licence, O.97, r.5

from keeping /a dog/animals for sale as pets/a pet shop/, O.91, r.6

DISTRESS

Warrant to levy, O.25, r.6

execution of,O.26, rr. 7, 8.

in default of payment of penalty by company, O.23, r.8

DISTRICT COURT CLERK

Adjournment of Court by,O.2, r.3

Issue of summonses by, O.15, r.2, O.21, r.1, O.44, r.1, O.53, r.3, O.99.

certified copies of ordrs, etc. by, O.35

Late entry of documents, O.10, r.22

Listing of proceedings by, O.10, r.23 (4), O.45, r.2 (5), O.55, r.7, O.62, r.5 (4)

Lodgment with, of

documents, O.10, r.21, O.24, r.10 (2), O.39, r.5 (2), O.45, r.2, O.53, r.4 (1)

money, O.18, rr. 6,7

notice of intention to/defend/appear, O.41, r.1, O.42, r.6, O.62, r.7

Signing of summonses by, O.99

Sums levied under warrants to be paid to, O.26, r.10

Time for giving notice to, O.12, r.5

how given, O.12, r.7

To make note of issue of warrants, O.25, r.9

send notice of imposition of penalty, O.23, r.11

Transmission of documents by, O.24, rr.29, 32, 33, O.101, r.12

Transmission of documents to, O.24, r.36 (3)

Where more than one assigned to court area, O.12, r.15

Where notice of appeal is lodged, to secure return of warrant, O.25, r.8 (2)

DOCUMENT

Certified copy of, O.35, r.2

Duplicate of, O.12, r.4

Lodgment of, O.10, r.21

Put in evidence, to be marked and returned, O.8, r.3 (2)

Service of (in general), O.10

Size of, O.12, r.16

DOGS

Control of, O.91

See under CONTROL OF DOGS

DRUGS

Misuse of, O.32

See under MISUSE OF DRUGS

DUPLICATE

Of Decree, Dismiss or Warrant, O.12, r.4

E C JUDGMENTS CONVENTION, LUGANO CONVENTION, ROME CONVENTION OR NEW YORK CONVENTION

Institution of proceedings under, against person dominciled abroad—

By issue of civil summons or other originating document, O.62, rr. 5, 6.

certificate to accompany, O.62, r.5 (4)

lodgment with Clerk, O.62, r.5 (4), 5 (6)

notice of in lieu of civil summons, O.62, r.5 (3)

proceedings to be listed by Clerk, O.62, r.5 (4)

service of, O.62, r.5 (5)

out of the jurisdiction, provisions of O.11 not to apply, O.62, r.5 (2)

where defendant is a citizen of Ireland, O.62, r.6

where defendant is not a citizen of Ireland, O.62, r.5 (3)

Notice of intention to appear, O.62, r.7

Proceedings, at the hearing of,

Clerk to produce any correspondence received from defendant, O.62, r.8 (2)

where defendant fails to appear, necessary proofs for plaintiff, O.62, r.8 (3)

proof of service of documents, O.62, r.8 (3)

Provisions not to apply to proceedings under sec.17 of the Maintenance Orders Act, 1974 , O.62 r.5 (1), 11

Provisions of O.45 (Judgment in Default) not to apply, O.62, r.8 (1)

Venue for certain proceedings, O.62, rr.2, 3, 15, 28

Provisions of Documents for Enforcement of Judgments Abroad—

Plaintiff to lodge documents with clerk, O.62, r.9 (1)

Service of judgment upon defendant, O.62, r.10 (1)

proof of service, O.62, r.10 (1)

to provide copies of documents requested by plaintiff, O.62, r.9 (2)

Enforcement, Variation or Revocation of certain foreign Maintenance Orders—

Application to vry or revoke, under ARticle 2 or 5.2 of either Convention,

form of summons or notice thereof, O.62, r.15

order of the Court, O.62, r.15

Clerk to registr enforceable maintenance order and notify parties, O.62, r.12

to give receipt for and transmit payments, O.62, r.27

to recover arrears on request of creditor, O.62, ar.14

Currency of payments, O.62, r.26

Procedure where debtor changes addresses, O.62, r.13

Provisions not to apply to enforcement of UK maintenance orders, O.62, r.11

Venue for proceedings by creditor, O.62, r.15

Recovery of Maintenance — Maintenance Act, 1994

enforecement where accompanied by order, O.62, r.18

application to District Court to enforce, O.62, r.19 (1)

clerk to send copy orders, O.62, r.19 (4)

clerk to enforce orders, O.62, r.19 (4)

enforcement whre not accompanied by order, O.62, r.20 (1)

application to District Court to enforce, O.62, r.20 (1)

evidence of respondent on deposition, O.62, r.21

evidence of claimant on depositon, O.62, r.23

order to require informaiton to be provided, O.62, r.29

taking of evidence for designated jurisdiction, O.62, r.25

transfer to use of live television link, O.62, r.22

EJECTMENT PROCEEDINGS

Civil Summons in,

form of, O.47, rr.2, e, 4.

particulars to be given in, O>47, r.1 (1), 1 (2)

service of, O.47, r.5

Decree, form of, O.47, rr.7, 8, 9.

Dismiss, form of, O.47, r.13

Payment or tender in cases of non-payment of rent, O.47, r.11

Proof by affidavit in cases on non-payment of rent, O.47, r.6

Stay of execution, O.47, r.10

Warrant for possession, O.47, r.14

Writ of restitution, O47, r.12

See also under HOUSING (PRIVATE RENTED DWELLINGS)

ENFORCEABLE MAINTENANCE ORDER

Enforcement of O.55 (UK), O62 (EC or EFTA State)

See also under FAMILY LAW

ENFORCEMENT OF JUDGMENTS

Enforcement of Decrees and Dismisses—

execution of, by sheriffs and county registrars, O.48

registration of decrees as judgment-mortgages, O.53, r.15

registration of decrees in the Central Office of the High Court, O>53, r.16 (1)

practice and procedure in use in the Central Office to apply, O.53, r.16 (2)

section 336 of the Irish Bankrupt and Insolvent Act, 1857 to apply to decrees, O.53, r.17

under the Enforcement of Court Orders Act, 1926 and 1940, SEE BELOW

Enforcement of Maintenance Orders and Enforceable Maintenance Orders—

See under FAMILY LAW

Enforcement of certain Orders to which Part II of these Rules relate—

Clerk to send to accused notice of imposition of penalty, O.23, r.11

execution of warrants by members of the Garda Síochána, O.26

Enforcement Proceedings under the Enforcement of Court Orders Act, 1926 and 1940—

Application for instalment order,

by summons for attendance of debtor,

form of, O.53, r.3

lodgment of, O.53, r.3 (3)

service of, O.53, r.3 (2)

creditor to lodge statutory declaration, O.53, r.3 (1)

creditor's proofs at hearing, O.53, r.5

statement of means,

inspection of, by creditor, O.53, r.4 (2)

lodgment of, by debtor, O.53, r.4 (1)

where false, O.53, r.13

venue for proceedings, O.53, r.2

Instalment Order,

duration of, O.53, r.6 (2)

form of, O.53, r.6 (1)

service of, O.53, r.6 (1)

variation of, O.53, r.7

Summons to vary an Instalment Order,

form of, O.53, r.7 (1)

lodgment of, O.53, r.7 (2)

service of, O.53, r.7 (1)

Variation Order,

duration of, O.53, r.7 (4)

form of, O.53, r.7 (3)

service of, O.53, r.7 (3)

Application for arrest and imprisonment of debtor,

by summons,

form of, O.53, r.8 (1)

lodgment of, O.53, r.8 (2)

service of, O.53, r.8 (1)

order of the Court, O.53, r.8 (3)

not to be made against a member of the Defence Forces, O.53, r.8 (4)

warrant to enforce, O.53, r.8 (4)

on receipt of payment,

Clerk to secure return of warrant, O.53, r.9 (2)

to notify Governor if debtor is in prison, O.53, r.12

Provisions of Rules relating to warrants to apply, O.53, r.14

When debtor is imprisoned, Governor to notify Clerk, O.53, r.11

When notic eof appeal is lodged.

warrant not to issue, O.53, r.9 (1)

if already issued, Clerk to secure its return, O.53, r.9 (2)

Enforcement Proceedings pursuant to section 8 of the Enforcement of Court Orders Act, 1940

Application for attendance of debtor,

by sworn information for warrant of arrest, O.57, r.3

Order of the Court,

warrant of arrest, O.57, r.4

may issue notwithstanding issue of summons, O.57, r.6

summons in lieu of warrant, O.57, r.5

Production of document sat hearing, O.57, r.11

Provisions of Rules relating to warrants to apply, O.57, r.12

Reciprocal enforcement, O.55 (UK) O.62 (EC or EFTA State)

Recognisance, O.57, r.9

Venue for proceedings, O.57, r.2

Warrant of committal under section 8 (1) of the Act, O.57, r.7

of committal under section 8 (2) (d) of the Act, O.57, r.10

of distress under sectin 8 (1) of the Act, O.57, r.8

of detention under section 8 (2) (b) of the Act, on refusal to enter into a recognisance, O.57, r.9

ENVIRONMENT

Protection of the, O.96

See under PROTECTION OF THE ENVIRONMENT

ERRORS

Or Clerical Mistakes in or Omissions from certain Documents, O.12, r.17

ESTREATMENT

Of Recognisance, O.27

See under RECOGNISANCE

EUROCONTROL

See under AIR NAVIGATION (EUROCONTROL)

EVIDENCE

By Affidavit, O.8, r.3 (1), O.11, r.3, O.45, r.2 (1) (a), O.47, r.6.

Documents put in, to be marked and returned, O.8, r.3 (2)

Of a witness, O.8, r.1

Tendering of, O.8

EXECUTION

Of decrees and dismisses, O.48

orders after appeal, O.101, r.13

warrants, O.26

Stay of,

by order of the Court, O.46, r.7

in ejectment proceedings, O.47, r.10, O.93, r.3 (5)

on application for review of judgment, O.45, r.3 (1)

on notice of appeal being lodged, O.101, rr.5, 6.

on payment being made, O.26, r.8 (3), O.48, r.3 (2)

EXEMPTION ORDER

Application for, See under INTOXICATING LIQUOR

EXHIBIT

Documentary, to be marked and returned, O.8, r.3 (2)

Inspection of, O.24, r.12

Production of O.24, r.11

EX PARTE APPLICATION

For leave to serve out of the jurisdiction, O.11, r.3

No notice of, need be given, generally, O.12, r.5

Notice of appeal against refusal of, O.101, r.3

EXTRADITION

Addressing and execution of warrants, O.26, r.3

Forms in proceedings relating to, O.29

FAMILY HOME

Protection of, O.60

See under FAMILY LAW

FAMILY LAW

Custody and Guardianship of Infants—

Application

for guardianship, O.58, r.4

for production of infant, O.58, r.7

seeking the Court's direction, O.58, r.5

to vary or discharge an order, O.58, r.6

Court may direct service of notice, O.58, r.12

Court order, O.58, rr.4, 5, 6, 7.

Clerk to supply copies of, O.58, r.10

effect of appeal from, O.58, r.13

Custody/Right of Access, non-compliance with direction, O.58, r.8

Hearing to be otherwise than in public, O.58, r.3

Lodgment of documents, O.58, r.9 (2)

Proof of age, O.58, r.11

Service of documents, O.58, r.9 (1)

Venue for proceedings, O.58, r.2

Maintenance of Spouses and Children—

Application

for a direction that payments be made to Clerk, O.54, r.10

for a maintenance order, O.54, r.4 (1), 4 (2)

an interim order pending determination of, O.54, r.7

for a lump sum order for birth/funeral expenses, O.54, r.8

to discharge a direction, O.54, r 12

a maintenance order, O.54, rr.5, 6.

to vary a maintenance orde, O.54, r.6

Clerk, recovery of arrears by, O.54, r.13

to give receipt for and transmit payments, O.54, r.11 (2)

to notify maintenance debtor of place, days and hours for payments O.54, r.11 (1)

to supply copy of court order, O.54, r.9

Court orders, O.54, rr.4 (3), 5, 6, 7, 8, 10, 12.

Hearing to be otherwise than in public, O.54, r.3

Interim order, O.54, r.7

Rules to apply to orders for maintenance pending suit, ect., O.54, r.15

Service of summonses, O.54, r.14

Maintenance Order, Institution of Proceedings for—

Against a person residing abroad (in UK), O.55

(in EC or EFTA State), O.62

documents to be sent to the Master of the High Court, O.55, r.6

listing of proceedings, O.55, r.7, O.62, r.7 (2)

production of documents, O.55, r.8, O.62, r.7 (2)

order of the Court, O.55, r.9

application for transmission of, abroad (UK) for enforcement, O.55, r.10 (1)

Clerk to send documents to the Master of the HIgh Court etc., O.55, r.10 (2)

variation or revocatio of, O.55, r.10 (3)

service of documents, O.62, rr.4, 17.

Domestic Violence

Orders:

Barring

discharge of, O.59, r.9 (1)

effect of appeal from, O.59, r.13 (1) (a)

grant of, O.59, r.5 (1)

variation of, O.59, r.8 (1)

Interim Barring

discharge of, O.59, r.9 (1)

effect of appeal from, O.59, r.13 (1) (b)

grant of, O.59, r.6

variation of, O.59, r.8 (1)

Protection

discharge of, O.59, r.9 (1)

effect of appeal from, O.59, r.13 (1) (b)

grant of, O.59, r.7 (1)

variation of, O.59, r.8 (1)

Safety

discharge of, O.59, r.9 (1)

effect of appeal from, O.59, r.13 (1) (a)

grant of, O.59, r.4 (1)

variation of, O.59, r.8 (1)

Clerk to supply copy orders, O.59, rr.10, 13

to notify Garda Síochána when interim barring ceases to have effect, O.59, r.11 (1)

to notify Garda Síochána when protection order ceases to have effect, O.59, r.11 (2)

Proceedings to be otherwise than in public, O.59, r.3

Service of Summonses, O.59, r.12

Stay pending appeal, O.59, r.13 (2)

Venue for proceedings, O.59, r.2

Enforceable Maintenance Order—

Transmitted for Enforcement from UK, O.55

from EC or EFTA State, O2

Clerk to notify parties, O.55, r.2 (1), O.62, r.11

payments under,

currency of, O.62, r.12

notice regarding time and place for, O.55, r.2 (1) (b), O.62, r.11 (2)

receipts for and transmission of, O.55, r.3, O.62, r.13

recovery of arrears of, O.55, r.5, O.62, r.15

registration of, O.55, r.2, O.62, r.11 (1)

revocation of, O.55, r.2 (2), O.62, rr.16, 17.

variation of, O.55, r.2 (2), O.62, rr.16, 17.

where debtor changes address, O.55, r.4, O.62, r.14.

Evidence—

Obtaining of, from a court in a reciprocation jurisdiction (UK), O.55, r.11

taking of, for a court in a reciprocatin jurisdiction (UK), O.55, r.12.

Proceedings for Enforcement of Maintenance Order or Enforceable Maintenance Order

By Attachment of Earnings,

application for, by summons, O.56, r.3

document to be produced at hearing of, O.56, r.14

order requiring particulars of debtor's earnings, O.56, r.8

service of summons, O.56, r.3

Attachment of Earnings Order,

Clerk to notify employer of cesser of, O.56, r.12

discharge of, O.56, r.11

payments under,

Clerk to give receipt for and transmit, O.56, rr.6, 7.

service of, O.56, rr.4, 5.

variation of, O.56, r.11

when made, other enforcement proceedings, etc. to lapse, O.56, r.13

Determination as to whether particular payments are earnings,

application for, O.56, r.9

parties to such proceedings, O.56, r.10

service of documents, O.56, rr.9, 10.

Hearing to be otherwise than in public, O.56, r.2 (2)

Venue for proceedings, O.56, r.2 (1)

Proceedings pursuant to section 8 of the Enforcement of Court Orders Act, 1940

Application for attendance of debtor,

by sworn informaiton for warrant of arrest, O.57, r.3

Order of the Court,

warrant of arrest, O.57, r.4

may issue notwithstanding issue of summons, O.57, r.6

summons in lieu of warrant, O.57, r.5

Production of documents at the hearing, O.57, r.11

Provisions of Rules regarding warrants to apply, O.57, r.12

Reciprocal enforcement, O.55 (UK), O.62 (EC or EFTA State)

Recognisance, O.57, r.9

Venue for proceedings, O.57, r.2

Warrant of committal under seciton 8 (1) of the Act, O.57, r.7

of committal under section 8 (2) (d) of the Act, O.57, r.10

of distress under section 8 (1) of the Act, O.57, r.8

of detention under section 8 (2) (b) of the Act, on refusal to enter into a recognisance, O.57, r.9

Protection of the Family Home—

Application for an order

permitting removal of household chattels, O.60, r.5

prohibiting removal of household chattels, O.60, r.4

to provide household chattels, O.60, r.7

Documents

lodgment of, O.60, r.9 (2)

service, O.60, r.9 (1)

Hearing of proceedings to be otherwise than in public, O.60, r.3

Joinder of parties, O.60, r.10

Orders of the Court, O.60, rr.4, 5, 7.

Summons

alleging contravention of section 9 (2) of the Act, O.60, r.6

for giving false/misleading information, O.60, r.8

Venue for proceedings, O.60, r.2

Use of Blood Tests in Determining Parentage—

Application for a direction for the use of,

notice of, O.61, r.2 (1)

lodgment of, O.61, r.2 (2)

service of, O.61, r.2 (1)

where made during the hearing,

Court may dispense with service, O.61, r.2 (3)

Clerk to send direction form to Sampler, O.61, r.5

Direction by the Court, service of, O.61, r.2 (4)

Notice of intention to call witness,

form of, O.61, r.4 (1)

lodgment of, O.61, r.4 (2)

service of, O.61, r.4 (1)

Order revoking or varying a direction,

form of, O.61, r.3

service of, O.61, r.3

Where the Court, of its own motion, proposes to give a direction, O.61, r.2 (3)

FEES

Counsel's, O.52

Remission of, O.12, r.9

Summons Server's, O.10, r.2 (2)

FINE

Accounting for, O.23, O.26, r.10

Appropriation of, O.23, r.10

Enforcement of payment of, O.23, rr.7, 8.

See also under PENALTY

FINGERPRINT

Preservation of, O.31

See under CRIMINAL JUSTICE ACT, 1984

FIRE SERVICES

Fire Safety Notice—

Appeal against,

form of notice, O.92, r.4 (1)

lodgment of, O.92, r.4 (2)

service of, O.92, r.4 (1)

order of the Corut, O.92, r.4 (3)

Apportionment of expenses under

application, notice of, O.92, r.3 (1)

lodgment of, O.92, r.3 (2)

service of, O.92, r.3 (1)

order of the Court, O.92, r.3 (3)

Venue for proceedings, O.92, r.2

Warrant under section 22 (7) of the Act—

application for, by sworn information, O.92, r.5 (1)

order of the Court, O.92, r.5 (2)

FISHERIES

Application for Certificate of Fitness—

notice of, O.65, r.2 (2)

lodgment of, O.65, r.2 (4)

service of, O.65, r.2 (3)

order of the Court, O.65, r.2 (5)

venue for, O.65, r.2 (1)

Application for the issue of a Warrant—

by sworn information, O.65, r.11 (2)

form of warrant, O.65, r.11 (3)

venue for, O.65, r.11 (1)

Application for the continued Detention of a Boat and Persons on Board (for 48 hours)—

notice of, O.65, r.3 (2)

lodgment of, O.65, r.3 (2)

service of, O.65, r.3 (2)

order of the Court, O.65, r.3 (3)

venue for, O.65, r.3 (1)

Order of the Court under—

sec.234 (1)

for detention of a boat and persons until proceedings have been adjudicated upon, O.65, r.4

sec. 236 (1) (b)

for further detention of boat pending payment of fine and costs, O.65, r.5

sec. 236 (1) (c)

for distress and sale of boat, O.65, r.6

sec. 236 (2)

for detention of boat until possession is taken of article forfeited, O.65, r.7

sec. 235 (1)

for further detention of boat pending detremination of proceedings (including appeals and trials), O.65, r.8

sec. 235 (2) (a)

for release of boat, O.65, r.9

sec. 301 (2A)

for detention of boat/boat and persons until proceedings have been adjudicated upon, O.65, r.10

FORFEITURE

(Of Money Lodged)

Application for an order to forfeit,

before applying, recognisance must be produced to Judge, O.27, r.1

Judge's cert. as to non-performance of condition of recognisance, O.27, r.1

By Garda Supt., form of notice of, O.27, r.3 (2)

lodgment of notice, O.27, r.3 (6)

service of notice, O.27, r.3 (3)

may be dispensed with in certain cases, O.27, r.3 (5)

where no fixed address within the State, O.27, r.3 (4)

order of the Court, O.27, r.4 (b)

Clerk to send notice of, O.27, r.5 (2)

to repay balance (if any), O.27, r.5 (2)

venue for application, O.27, r.2

FORMS

Prescibed forms are contained in Schedule B, C, D.

Sufficiency of, O.12, rr.23, 24, 26.

GAMING AND LOTTERIES

Appeal against Refusal of Garda Supt, to grant a Permit—

notice of, O.66, r.4 (2)

service and lodgment of, O.66, r.4 (3)

order of the Court, O.66, r.4 (5)

venue for, O.66, r.4 (1)

Application for Certificate for a Gaming Licence—

advertisement of, O.66, r.2 (4)

notice of, O.66, r.2 (2)

service and lodgment, O.66, r.2 (3), 2 (6)

notice to fire authority, O.66, r.2 (5)

order of the Court, O.66, r.2 (7)

venue for, O.66, r.2 (1)

Application for a Lottery Licence—

notice of, O.66, r.3 (2)

service and lodgment of, O.66, r.3 (3)

order of the Court, O.66, r.3 (4)

venue for, O.66, r.3 (1)

Application for a Search Warrant—

by sworn information, O.66, r.5 (2)

form of warrant, O.66, r.5 (3)

venue for, O.66, r.5 (1)

GARDA SÍOCHÁNA

Addressing of warrants to, O.26, rr.2. 3.

Admission to bail by, O.17, rr.4, 5.

Application by, that a person is about to abscond, O.20, r.1 (1), O.22, r.1

under the Police (Property) Act, 1897, O.31A

Supt. of , to estreat a recongnisance, O.27, r.2

Execution of warrants by, O.26, r7

How notice may be given to, O.12, r.6

Particulars of offence to be set out on charge sheet by, O.17, r.1

Recognisance taken by, O.17, r.4

Right of audience, O.6, r.1 (e)

Service of documents by, O.10, r.3

Summons against a member of, to be signed by a Judge, O.15, r.5 (2)

GENERAL DEALER

Application for grant or Renewal of General Dealer's Licence,

notice of, O.67, r.2 (2)

lodgement of, O.67, r.2 (4)

service of, O.67, r.2 (3)

order of the Court, O.67, r.2 (5)

venue for, O.67, r.2 (1)

GENERAL EXEMPTION ORDER

Application for, O.72

See under INTOXICATING LIQUOR

GOVERNOR

Of Prison,

prisoner in custody oof, desiriing to appeal, O.101, r.7

to comply with directions in warrant, O.26, r.9

to deposit with the Clerk money received in lieu of sureties, O.18, r.6

to release person in his custody on lodgment of money in lieu of sureties O.18, r.6

on completion of recognisance O.18, r.5

to supply party in his cutody with required appeal forms, O.101, r.7

to transmit completed appeal forms to the Clerk, O.101, r.7

warrants held by, O.12, r.4

GUARDIAN

Appointment of

ad litem, O.7

under the Guardianship of Infants Act, 1964 , O.58

GUARDIANSHIP

Of Infants, O.58

See under FAMILY LAW

GUILTY

Sending forward for trial or sentence on plea of, O.24, r.5

Summary disposal of indictable offence onplea of, O.24, r.2

Summary offence, disposal of, onplea of, O.23, r.1

HIRE PURCHASE

Proceedings under the Consumer Credit Act, 1995 , O.39, r.1 (b) O.40, rr.1, 3, 4.

costs in, O.51, r.9

HOUSE

To House Collections, O.88

See under STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

HOUSE AGENT

Application for Certificate of Qualification, O.63

See under AUCTIONEERS

HOUSING

Proceedings under the Hosing (Private Rented Dwellings) Act, 1982,

Appeal to the Court under section 26 (5),—

notice of, and form of court order, O.93, r.3 (7)

Application for an Order—

determining who shall be tenant,

notice of, and form of court order, O.93, r.3 (1)

for compensation for improvements,

notice of, and form of court order, O.93, r.3 (3)

for compensation under section 19,

notice of, and form of court order, O.93, r.3 (6)

to recover possession of a dwelling,

notice of, and form of court order, O.93, r.3 (4)

to settle a dispute, failure, or question arising,

notice of, and form of court order, O.93, r.3 (2)

to stay execution/postpose date of possession,

in case of urgency, O.93, r.3 (5)

notice of, O.93, r.3 (5)

Costs in, O.93, r.6

Lodgement of money in, O.93, r.5

Lodgement of notices in, O.93, r.4 (2)

Services of notices in, O.93, r.4 (1), 4 (2)

Venue for proceedings, O.93, r.2

ILLNESS

Of Judge during the taking of depositions, O.24, r.34

Of Defendant, remand due to, O.19, r.2 (4)

INFANT

(Or Minor)

Custody and Guardianship of, O.58

Proceedings by, O.7, r.2 (1)

appointment of guardian ad litem, O.7, r.2 (2)

Proof of age of, O.7, r.7

Service upon, O.10, r.9

See also under MINOR

INFORMATION

Binding over informant, O.16, r.7

Certified copy of, O.35, r.2

May be sworn at any time, O.16, r.1 (4)

On oath and in writing to ground a warrant, O.16, r.1 (1)

Summons may issue in lieu of warrant on the making of, O.16, r.4

Sworn before one Judge, and warrant issued by another, O.16, r.1 (3)

To be made before a Judge, O.16, r.1 (1)

Transmission of, to Clerk, O.24, r.36 (3)

INSTALMENT

Decree, O.46, r.7 (2) See under CIVIL PROCEEDINGS

Order, O.53, r.6 See under ENFORCEMENT OF JUDGMENTS

INTERIM

Order, O.54, r.7 See under FAMILY LAW

Transfer of an Intoxicating Liquor Licence, O.77 See under INTOXICATING LIQUOR

INTERPLEADER

Proceedings, O.49 See under CIVIL PROCEEDINGS

INTOXICATING LIQUOR

Annual Licensing Court, O.81

Application for Exemption for

Licensed business on Sunday afternoons and St. Patrick's Day—

advertisement of, O.74, r.1 (4)

notice of, O.74, r.1 (3)

service and lodgment of, O.74, r.1 (3), 1 (5)

order of the Court, O.74, r.1 (6)

venue for, O.74, r.1 (1), 1 (2)

Revocation of Order, application for,

advertisement of, O.74, r.2 (3)

notice of, O.74, r.2 (2)

service and lodgment of, O.74, r.2 (2), 2 (4)

order of the Court, O.74, r.2 (5)

venue for, O.74, r.2 (1)

Application for Exemption for Special Event—

advertisement of, O.73, r.1 (3)

notice of, O.73, r.1 (2)

service and lodgment of, O.73, r.1 (2), 1 (4)

order of the Court, O.73, r.1 (5)

venue for, O.73, r.1 (1)

Revocation of Order, application for,

notice of, O.73, r.2 (2)

lodgment of, O.73, r.2 (2)

order of the Court, O.73, r.2 (3)

notice of, to be given by Clerk to GArda Supt., O.73, r.2 (4)

Application for Exemption for Unlicensed Business on Sunday Mornings and St. Patrick's Day—

advertisement of, O.75, r.1 (4)

notice of, O.75, r.1 (3)

service and lodgment of, O.75, r.1 (3) 1 (5)

order of the Court, O.75, r.1 (6)

venue for, O.75, r.1 (1), 1 (2)

Revocation or Amendment of Order, application for,

advertisement of, O.75, r.2 (3)

notice, O.75, r.2 (2)

service and lodgment of, O.75, r.2 (2), 2 (4)

order of the Court, O.75, r.2 (5)

venue for, O.75, r.2 (1)

Form of certificate required to be given by Clerk, O.73, r.3, O.74, r.3, O.75, r.3

Application for a General Exemption Order—

notice of, O.72, r.1 (3)

service and lodgment of, O.72, r.1 (4), 1 (5)

order of the Court, O.72, r.1 (6)

duration of, O.72, r.1 (7)

prohibited days, O.72, r.2

venue, for, O.72, r.1 (1), 1 (2)

Application for a Special Exemption Order—

notice of, O.71, r.1 (2)

service and lodgment of, O.71, r.1 (2)

order of the Court, O.71, r.1 (3)

prohibition on grant of, for certain Sundays, O.71, rr.2, 3

venue for, O.71, rr.1 (1), 4

Application for an Occasional Licence—

notice of, O.76, r.1 (2)

service and lodgment of, O.76, r.1 (2)

order of the court, O.76, r.1 (3)

period of, O.76, r.2

prohibited days, O.76, r.3

venue for, O.76, rr.1 (1), 4

Off-Licence Application for a Certificate for—

Spirit Retailer's Licence,

Beer Retailer's Licence,

Wholesale Beer Dealer's Licence, or for a

Declaration of fitness of proposed premises,

advertisement of, O.68, r.1 (4), 1 (5)

notice of, O.68, r.1 (2)

service and lodgment of, O.68, r.1 (3), 1 (6)

order of the Court, O.68, r.1 (7)

venue for, O.68, r.1 (1)

Register of Licences, O.82

Renewal of Licence, Objection to—

notice of objection, O.80, r.3 (1)

service and lodgment of, O.80, r.3 (2)

notification of, to be sent to Collector of C & E, O.80, r.4

order of the Court, O.80, r.5 (1)

Clerk to send certified copy of, to Collector of C & E O. 80, r.5 (2)

Clerk to send renewal certificate or copy to Collector of C & E, O.80, r.5 (3)

Clerk to notify Collector of C & E where appeal is lodged against, O.80, r.6

venue for, O.80, r.2

Recording of renewals, O.80, r.9

Renewal Certificate, forms of, O.80, r.8

Application for the grant of—

Restaurant Certificate, Limited Restaurant Certificate, Certificate to the holder

of a Wine Retailer's On-Licence, or for a Declaration as to suitability

of licensed premises for full or limited cert.

map of premises, O.69, r.2 (3), 2 (4)

notice of application, O.69, r.2 (2)

service and lodgment of, O.69, r.2 (3), 2 (4)

order of the Court, O.69, r.2 (5)

venue for, O.69, r.2 (1)

Application for Transfer of a Licence—

Ad Interim Transfer,

effect of, O.77, rr.1 (6), 2 (2)

form of endorsement of, on licence, O.77, r.1 (4)

may be made on certified copy of licence or receipt, O.77, r.1 (5)

notice of application, O.77, r.1 (2)

service and lodgment of, O.77, r.1 (3)

power to change nominee, O.77, r.2 (3)

power to transfer to person nominated by the executor/administrator of the holder, O.77, r.2 (1)

Temporary Transfer for reason other than death, etc. — O.77, r.3 (1)

form of endorsement of, O.77, r.3 (4)

notice of application, O.77, r.3 (2)

service and lodgment of, O.77, r.3 (3)

renewal certificate, O.77, r.3 (5)

Certificate of Transfer—

advertisement of application, O.79, r.1 (4)

applicant for, to attend in person, O.79, r.2

applicant to produce muniment of title, O.79, r.3

grant of, subject to production of title, O.79, r.4

notice of application, O.79, r.1 (2)

service and lodgment of, O.79, r.1 (3), 1 (5)

order of the Court, O.79, r.5

venue for, O.79, r.1 (1)

Transfer of Licence held by Nominee—

form of endorsement of, O.78, r.1 (4)

notice of application, O.78, r.1 (2)

service and lodgment of, O.78, r.1 (3)

venue for, O.78, r.1 (1)

Wine Retailer's On-Licence, Objection to first grant of,—

caveat to be sent to Collector of C & E, O.70, r.2 (2)

notice of, by summons, O.70, r.2 (1)

service and lodgment of, O.70, r.2 (1), 2 (3)

order of the Court, O.70, r.3 (1)

if appeal against, Clerk to notify Collector of C & E, O.70, r.3 (2)

venue for, O.70, r.1

IRISH NATIONALITY AND CITIZENSHIP

Declaration of fidelity to the nation and loyalty to the State,

Court venue for making, O.94, r.2

Prescribed form of, referred to in O.94, r.3

JOINDER OF PARTIES

In proceedings relating to protection of the Family Home, O.60, r.10

In Malicious Injuries proceedings, O.95, r.3

Under the Third Party Procedure, O.42

JUDGE

Abridgement or extension of time by, O.12, rr.1, 3 (1)

Absence of, O.2, r.3 (2)

Adjournment of Court by direction of, O.2, r.3 (1)

Direction by, in case of non-compliance with Rules, O.12, r.25

Illness of, where evidence on depositon is partly taken, O.24, r.34

Issue of summons by, O.15, r.1 (3)

Issue of warrant of arrest by, O.16, r.1 (2)

Mode of address, O.4

Person arrested to be brought before, O.17, r.2, O.28, r.3

Power of amendment by, O.12, r.2, O.38

Preparation of case stated by, O.102, rr.5, 12

Remission of fees by, O.12, r.9

Robes of, O.5

JUDGMENT

Duration of, O.48, r.4 (1), O.53, r.6 (2)

Enforcement of, O.53 See also under ENFORCEMENT OF JUDGMENTS

In Default, O.45

Refusal to enter, O.45, r.2 (5)

Review of, O.45, r.3

JURISDICTION

Abandoment of amount claimed in excessof, O.39, r.12, O.41, r.6

Exercise of, in civil proceedings O.39

in criminal proceedings, O.13

in proceedings to estreat a recognisance, O.27

Offence committed outside, suspected person within, O.16, r.6

Power to strike out with costs in case of excess, O.51, r.8

Service out of the, O.11

Reciprocating, O.55

LANGUAGE

To be used in any court document or at the hearing of any matter. O.3

Complaint may be stated in ordinary, O.15, r.3 (1)

LAST DAY SATURDAY/SUNDAY

For doing any act or taking any proceeding, O.12, r.10

LAST ENTRY

Of documents, O.10, r.22

Of notice of intention to defend, O.41, r.4

LOCAL AUTHORITY

Joinder of, in Malicious Injuries case, O.95, r.3

Service upon, O.10, r,7

LODGMENT

Of documents, in general, O.10, r.21

Of notice of intention to defend, O.41, r.4

Of money in civil proceedings, O.41

in court for benefit of minor, O.7

in lieu of sureties, O.17, r.4 (2), O.18, r.6, O.101, r.4

in Malicious Injuries case, O.95, r.8

interest on, O.12, r.21

LOTTERY LICENCE

Application for, O.66

See under GAMING AND LOTTERIES

LUGANO CONVENTION

on jurisdiction and the enforcement of judgments in civil and commercial matters

(between member states of the European Communities (EC) and the European Free Trade Association (EFTA)), 1988,

proceedings under, O.62

See also under EC JUDGMENTS CONVENTION (identical procedures)

MAINTENANCE

Of Spouses and Children, O.54, O.55, O.58, O.62

See under FAMILY LAW

MALICIOUS INJURIES

Application for compensation for,

notice of, O.95, r.2 (2)

service and lodgment of, O.95, r.2 (2), 2 (4)

when being issued in Dublin, O.95, r.2 (3)

order of the Court, O.95, r.4

venue for, O.95, r.2 (1)

Appeal to the Circuit Court,

exemption from entering into recognisance may be allowed, O.95, r.9 (2)

provisions of O.101 to apply to, O.95, r.9 (1)

Cases Stated for the Supreme Court,

provisions of O.102 to apply to, O.95, r.10

Costs and their apportionment, O.95, r.6

Court may extend time, set aswide, amend, etc., O.95, r.12

Joinder of another local authority,

notice of, to the Clerk, O.95, r.3

Lodgment of money in court, O.95, r.8

Malicious Injuries Book, O.95, r.5

Non-compliance with Rules, O.95, r.11

Settlements, O.95, r.7

MINOR

Court approval for acceptance of lodgment, etc., O.7, r.4

Investment, etc. for benefit of,

court order for, O.7, r.5 (1)

interim payment out, O.7, r.5 (2)

payment out of sum invested,

application for, O.7, r.6 (2)

court order for, O.7, r.6 (3)

Next friend or guardian ad litem to act for, O.7, r.2

appointment of, by the Court, O.7, r.3

Proceedings involving, continuance of, on attaining full age, O.7, r.6 (1)

Proof of age of, O.7, r.7

Service of documents upon, O.7, r.9

MISUSE OF DRUGS

Application for Search Warrant—

by sworn information, O.32, r.2 (1)

order of the Court, O.32, r.2 (2)

venue for, O.32, r.2 (1)

Application to bring Offender before the Court for enquiry—

may be made ex parte, O.32, r.5 (1)

notice of, to the Clerk, O.32, r.5 (1)

on granting of,

date, time and place of enquiry to be fixed, O.32, r.5 (2)

issue of warrant for attendance of offender, O.32, r.5 (2)

notification of order to be given or sent, O.32, r.5 (3)

Forfeiture Order, form of, O.32, r.6

Recognisance, form of, O.32, r.3

allegation of breach of,

by sworn information O.32, r.4 (1)

summons for attendance of offender (and sureties), O.32, r.4 (2)

warrant for arrest of offender, O.32, r.4 (2)

Court may remand offender, O.32, r.4 (3)

Period of remand in custody, O.32, r.4 (3)

MUSIC AND SINGING LICENCE

Application for, O.87 See under PUBLIC MUSIC AND SINGING

NATIONALITY

See under IRISH NATIONALITY AND CITIZENSHIP

NOTICE

How given to Clerk, O.12, r.7

How given to Garda Supt., O.12, r.6

Of adjournment of Court, O.2, r.3 (3)

imposition of penalty, O.23, r.11

intention to appear, O.62, r.6

intention to defend, O.41, r.1, O.42, r.6

re-entry, O.2, r.2 (2)

Time for giving, O.12, r.5

To be in writing, O.12, r.8

To coroner of result of proceedings, O.38, r.3

OCCASIONAL LICENCE

Application for, O.76

See under INTOXICATING LIQUOR

OFFENCE

Indictable

Preliminary Examination of, O.24, r.9

adjournment of, O.24, r.35

deposition, O.24, r.14

for taking of further, securing attendance of accused, O.24, rr.27, 28

securing attendance of deponent, O.24, rr.24, 25, 26

transmission of, to Clerk, O.24, r.29

upon illness of Judge, deemed taken before successor, O.24, r.34

documents,

lodgment of copies, O.24, r.10 (2)

service of, O.24, r.10 (1)

exhibits, O.24, r.12

order of the Court on, O.24, rr.15, 30

prohibition on publication, O.14, rr.5, 6

transmission of documents to Co. Registrar, O.24, rr.32, 33

waiver of, O.24, rr.6, 8

where summary offence only disclosed, O.24, r.17

witness order, O.24, rr.18 to 23,

Sending forward for sentence on plea of guilty, O.24, r.5

Summary disposal of, on plea of guilty, O.24, r.2

Summary trial of, minor offence, O.24, r.1

Summary trial of, with consent of the DPP, O.24, r.3

Warrant in respect of, may be issued within district where person is suspected to be, O.16, r.6

Summary

In arrest case, particulars of offences to be set out on charge sheet, O.17, r.1 (1)

Trial of, O.23

Where none disclosed, O.38, r.1 (4)

OFF-LICENCE

Application for certificate for, O.68

Certificate for renewal of, in certain case, O.77, r.3 (5), O.80, r.8

Declaration of fitness of proposed premises, O.68

Objection to renewal of, O.80

Transfer of,

ad interim, O.77

certificate of, O.79

where held by nominee, O.78

See also under INTOXICATING LIQUOR

OMISSION

Or clerical mistake, etc., incertain documents, O.12, r.17

Power of Court in case of, O.38, r.1

ORDER

Certified copy of, O.35

Effect, incertain cases, of appeal from, O.25, r.8 (4), O.58, r.13, O.59, r.11, O.101, O.102

Execution of, after appeal, O.101, r.13

PARTIES

Adding or striking out of, O.12, r.2

Change in, O.48, r.4 (2)

Description of, in civil cases, O.39, r.3

Joinder of, O.42, O.60, r.10, O.95, r.3

One on behalf of several, O.39, r.10

Right of audience, O.6

Third Party Procedure, O.42

PARTNERS

In civil proceedings, O.39, r.9

PEACE COMMISSIONER

Admission to bail by, O.18, rr.13, 14.

Appeal from direction given by, under sec.78 (3) of the Wildlife Act, 1976 , O.89, r.8

Certificate by two, to accompany application for Club Registration Certificate, O.83, r.4 (3)

Order of detention under the Fisheries Acts issued by, O.65 (see forms)

Person in prison to be released on being admitted to bail by, O.18, r.15

Statutory declaration

as to service may be made before, O.10, r.16

Summons for attendance of a witness may be issued by, O.21, r.1, O.44, r.1

PENALTY

Amount of, O.23, r.4

Appropriation of, O.23, r.10

Notice of imposition of, O.23, r.11

On a company, O.23, r.8

Payment of,

imprisonment in default of, O.23, r.7

time for, O.23, r.5

where no time is allowed for, O.23, r.6

PHOTOGRAPH

Preservation of, O.31

See under CRIMINAL JUSTICE ACT, 1984

POLICE (PROPERTY) ACT 1897

Application under, for order for disposal of property,

notice of, O.31A, r.2 (2)

lodgment with Clerk, O.31A, r.2 (4), 2 (5)

service of, O.31A, r.2 (2), 2 (3)

may, in certain cases, be made ex parte, O.31A, r.2 (5)

order of the Court, O.31A, r.3

venue for application, O.31A, r.2 (1)

POLLUTION

Control of, O.96

See under PROTECTION OF THE ENVIRONMENT

PRELIMINARY EXAMINATION

Of an Indictable Offence, O.24

See under OFFENCE

PRINT

Preservation of fingerprint or palm print, O.31

See under CRIMINAL JUSTICE ACT, 1984

PRISONER

Receipt by Governor for, O.26, r.9

Service upon, O.10, r.11

PRIVATE RENTED DWELLINGS

Proceedings in relation to, O.93

See under HOUSING

PROBATION OF OFFENDERS ACT, 1907

Recognisance under, O.28, r.1

breach of, O.28, r.2

procedure on arrest, O.28, r.3

PROCEDURE

Where none is prescribed, O.12, r.12

PROPERTY

In the possession of the Garda Síochána, disposal of, O.31A

See under POLICE (PROPERTY) ACT, 1897

PROTECTION

Of the Family Home, O.60

Of spouses and Children, O.59

See under FAMILY LAW

PROTECTION OF THE ENVIRONMENT

Proceedings under the Air Pollution Act, 1987

Application under sec.14 (5) for a warrant to enter premises,

by sworn information, O.96, r.1 (2)

form of warrant, O.96, r.1 (3)

venue for, O.96, r.1 (1)

Application under sec.28A(1) for an order in relationto an emission from a premises,

notice of, O.96, r.2 (2)

service and lodgment of, O.96, r.2 (2)

order of the Court, O.96, r.2 (3)

transfer of, to the Circuit Court or the High Court, O.96, r.2 (4)

venue for, O.96, r.2 (1)

Application under sec.55 relating to the carrying out of required works and cost thereof,

notice of, O.96, r.3 (2), 3 (3)

service and lodgment of, O.96, r.3 (4)

orders of the Court, O.96, r.3 (5)

venue for, O.96, r.3 (1)

Proceedings under the Local Government (Water Pollution) Act, 1977

Application under sec.10 (1) for an order in relation to the entry of polluting matter or the discharge of effluent to waters,

notice of, O.96, r.5 (2)

service and lodgment of, O.96, r.5 (2)

order of the Court, O.96, r.5 (3)

venue for, O.96, r.5 (1)

Application under sec.28 (7) for a warrant to enter premises or a vessel,

by sworn information, O.96, r.6 (2)

form of warrant, O.96, r.6 (3)

venue for, O.96, r.6 (1)

Proceedings under the Environmental Protection Agency Act, 1992

Application under sec.13 (6) for a warrant to enter premises,

by sworn information, O.96, r.7 (3)

form of warrant, O.96, r.7 (3)

venue for, O.96, r.7 (1)

Complaint under sec.108 (1) in relation to noise,

prescribed form of notice of, O.96, r.8 (2)

service and lodgment of, O.96, r.8 (2)

order of the Court, O.96, r.8 (3)

venue for, O.96, r.8 (1)

PUBLICAN'S LICENCE

Certificate for renewal of, in certain cases, O.77, r.3 (5), O.80, r.8

Objection to renewal of, O.80

Transfer of,

ad interim, O.77

certificate of, O.79

where held by nominee, O.78

See also under INTOXICATING LIQUOR

PUBLICATION

Of Proceedings, prohibition on, O.14, rr.5, 6.

PUBLIC DANCING

Application for a Licence for—

notice of, O.86, r.2 (3)

lodgment of, O.86, r.6

service of, O.86, r.2 (3)

notice in newspaper, O.86, r.2 (4)

notice to fire authority, O.86, r.2 (5)

order of the Court, O.86, r.2 (7)

venue for, O.86, r.2 (1), 2 (2)

Application for Temporary Public Dancing Licence (for period not exceeding one month)—

notice of, O.86, r.3 (2)

service and lodgment of, O.86, r.3 (2)

notice to fire authority, O.86, r.3 (3)

order of the Court, O.86, r.3 (5)

venue for, o.96, r.3 (1), 3 (4)

Application for a Public Dancing Licence under sec.8 (2) of the Act—

notice of, O.86, r.4 (2)

service and lodgment of, O.86, r.4 (3)

notice to fire authority, O.86, r.4 (4)

order of the Court, O.86, r.4 (5)

venue for, O.86, r.4 (1)

Surrender of Public Dancing Licence, O.86, r.5

PUBLIC MUSIC AND SINGING

Application for a Licence for—

notice of, O.87, r.2 (3)

service and lodgment of, O.87, r.2 (3), 2 (5)

notice to fire authority, O.87, r.2 (4)

order of the court, O.87, r.2 (6)

venue for, O.87, r.2 (1), 2 (2)

Application for Temporary Music and Singing Licence (for a period not exceeding 14 days)—

notice of, O.87, r.3 (2)

service and lodgment of, O.87, r.3 (2), 3 (4)

notice to fire authority, O.87, r.3 (3)

order of the Court, O.87, r.3 (5)

venue for, O.87, r.3 (1)

Application for Transfer of a Public Music and Singing Licence—

notice of, O.87, r.4 (2)

service and lodgment of, O.87, r.4 92), 4 (3)

order of the Court, O.87, r.4 (4)

venue for, O.87, r.4 (1)

RATES

Instituting proceedings for the recovery of, O.12, r.11

Order may direct payment by instalments, O.46, r.8

amounts unpaid under, may be levied by distress, O.46, r.8

RECOGNISANCE

By body corporate, O.12, r.19

Estreatment of, O.17, r.4 (3), O.27

certificate of non-performance of condition of, O.27, r.1

notice of application to estreat, O.27, r.3 (1)

service and lodgment of, O.27, r.3 (3), 3 (6)

where no fixed address within the State, O.27, r.3 (4)

order of the Court, O.27, r.4 (a)

Clerk to send notice of, O.27, r.5 (1)

enforcement of, by distress, O.27, r.6 (1)

enforcement of, by committal, O.27, r.6 (2)

in case of recognisance to keep the peace, etc., Court may requier a fresh recognisance,

O.27, r.7

venue for application, O.27, r.2

Exemption from entering into, O.12, rr.19, 20.

Forfeiture of moneylodged inlieu of sureties, O.27 See under FORFEITURE

For appeal, O.101, r.4

In cases stated, O.102, rr.9, 11 (2)

Judge to certify breach of, O.27, r.1

Judge to certify that conditions of, have been performed, O.18, r.10

May be taken at any time, O.17, r.6, O.18, r.18.

Release of person from custody on completion of, O.18, rr.5, 6, 15.

Taking of, by a member of the Garda Síochána, O.17, r.4

Taking of, in prison, O.18, rr.13, 14.

Transmission of, to the Clerk, O.18, r.16

Under the Probation of Offenders Act, 1907, O.28

Under the Misuse of Drugs Act, 1977 , breach of, O.32, r.4

RECORDS

And Samples, retention of, O.31

See under CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

REGISTER OF LICENCES O.82

REGISTRATION OF CLUBS/CLUB AUTHORISATIONS

Application for Club Authorisation—

service and lodgment of notice of, O.83, r.10 (2)

order of the Court, O.83, r.10 (3)

not more than fifteen per licensing year, O.83, r.10 (4)

venue for, O.83, r.10 (1)

Application for Authorisation for Special Event—

service and lodgment of notice of, O.83, r.11 (2)

order of the Court, O.83, r.11 (3)

venue for, O.83, r.11 (1)

Application for Original Certificate of Registration—

Club rules qualifying for registration, O.83, r.4 (4)

lodgment of documents with Registrar, O.83, r.3 (1)

Registrar to notify Garda Supt. of, O.83, r.3 (1)

to transmit file to Co. REgistrar, O.83, r.3 (2)

to record particulars of and issue certificate when granted, O.83, r.3 (3)

Application for Renewal of Certificate of Registration—

application to the Registrar, O.83, r.4 (1)

documents to accompany, O.83, r.4 (3)

for hearing at the Annual Licensing Court, O.83, r.4 (1)

applicant to notify the fire authority of, O.83, r.4 (5)

to publish notice of, in newspaper and lodge, O.83, r.4 (2)

Club rules qualifying for registration, O.83, r.4 (4)

late application, O.83, r.6

Registrar to notify Garda Supt. of, O.83, r.4 (6)

to make required entries and issue cert. when granted. O.83, r.5

Duration of Certificates, O.83, r.8 (1)

extension pending the Court's decision, O.83, r.8 (2)

Objections to Grant or Renewal of Certificates—

In the case of renewal,

listing of, O.83, r.7 (4)

notice of, O.83, r.7 (3)

copy of, to be sent to Club secretary, O.83, r.7 (3)

lodgment of, with the Registrar, O.83, r.7 (3)

Persons competent to object, O.83, r.7 (1)

Registrar to notify Garda Supt. of, O.83, r.7 (3)

to transmit to Co. Registrar any notice received of objection to grant of original cert., O.83, r.3 (2)

to make required entries and issue cert. if granted, O.83, r.7 (5)

To be taken only on specified grounds, O.83, r.7 (2)

Register of Clubs,O.83, r.2 (2)

Registrar of Clubs, O.83, r.2 (1)

to notify Revenue Commissioners of new Clubs and Clubs ceasing to be registered, O.83, r.9

REMAND

By the Court, O.19, r.1

Hearing before expiry of period of, O.19, rr.4, 5

In absence of accused, O.19, r.2 (4)

On bail, failure to appear, O.22, r.2

Period of, O.19, r.2, O.28, r.5

To Garda Síochána station, O.19, r.3

Where no sitting on day to which remanded, O.19, r.2 (5)

REMOVAL OF DISQUALIFICATION

Application for, O.91, r.6, O.97, r.5

See under DISQUALIFICATION

RESTAURANT

Application for a Restuarant Certificate, O.69

See under INTOXICATING LIQUOR

REVENUE COMMISSIONERS

Averment in affidavit of debt as to whether or not sums payable as v.a.t. on costs are recoverable from, O.45, r.2 (3)

Clerk to enter particulars of renewal of licence by an officer of, (upon receipt of notice from), O.80, r.9

Exempted from entring into recognisance for appeal or case stated, O.12, r.20

In proceedings by, under the Customs Act, additional penalty on witness refusing to testify, etc., O.21, r.2 (1)

Judge must state a case when application therefor is made by, O.102, r.15

Registrar of Clubs to notify, of new Clubs registered and those ceasing to registered, O.83, r.9

Right of audience of, O.6, r.1 (d)

Service of summonses on behalf of, O.10, r.3 (1)

ROAD TRAFFIC

Certain proceedings under the Road Traffic Act, 1961 , as amended,

Appeal against Decision of the Issuing Authority—

notice of, O.97, r.3 (1)

service and lodgment of, O.97, r.3 (2), 3 (3)

order of the Court, O.97, r.3 (4)

venue for, O.97, r.2

Application for a Special Disqualification Order—

notice of, O.97, r.4 (2)

service and lodgment of, O.97, r.4 (3), 4 (4)

order of the Court, O.97, r.4 (5)

venue for, O.97, r.4 (1)

Application for Removal of Ancillary or Consequential Disqualification—

notice of, O.97, r.5 (2)

service and lodgment of, O.97, r.5 (3), 5 (4).

order of the Court, O.97, r.5 (5)

venue for, O.97, r.5 (1)

Application for a Search Warrant (under sec.106 (6)), O.97, r.6

RULES

Abridgement or extension of time prescribed by, O.12, rr.1, 3 (1)

Forms in Schedules to, deemed vlid and sufficient, O.12, r.23

departure from or omission in not to vitiate proceedings, O.12, r.23

modification of to suit particular proceedings, O.12, r.24

Non-compliance with, not to render proceedings void. O.12, r.25

Notwithstanding provisions of, present practice and procedure in Dublin may continue, O.12, r.14

Rules annulled by these, See SCHEDULE A

Where no form prescribed by, O.12, r.26

Where no procedure provided by, O.12, r.13

SAMPLES

And Record, retention of, O.31

See under CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

SEARCH WARRANTS

Miscellaneous,

Applications for and forms of, O.34

May be issued or executed on any day and at any time, O.26, r.6

See also under WARRANT

SENTENCE

Sending forward for, O.24, r.5

Suspended, O.25, r.3

SERVICE

Evasion of,

by accused, O.22, r.1

by witness, O.21, r.1

Mode of

by ordinary post (as substituted service), O.10, r.18

by other means, O.10, rr.3 (1), 14.

by person authorised by statute, O.10, r.3 (1)

by registered post, O.10, rr.13, 18.

by summons server, O.10, r.2

generally, O.10, r.5

in a summary case, under sec.22 (1) of the Courts Act, 1991 , O.10, r.13 (2)

Of notice of appeal to the Circuit court, O.101, rr.1, 8, 9.

by way of case stated, O.102

Third Party Notice, O.42, r.4

witness summons,O.21, r.1 (3), O.44, r.1 (3)

On a club, O.10, r.7

a company, O.10, r.6

a firm, O.10, r.8

a local authority, O.10, r.7

On a minor, O.10, r.9

a person of unsound mind, O.10, r.10

a prisoner, O.10, r.11

a solicitor, O.10, r.12

a statutory board or body, O.10, r.7

an unincorporated society, O.10, r.7

Out of the Jurisdiction,

application for an order for, O.11, r.4

Court to fix date of hearing, O.11, r.5

extension of time for appeal, O.11, r.12

how service is to be effected, O.11, r.7

judgment notwithstanding no certificate of service, O.11, r.11

order for, copy of to be served, O.11, r.6 (3)

party to lodge documents with Master of the High Court, O.11, r.8

procedure on non-appearance of defendant, O.11, r.10

under the Hague Convention, O.11, r.7

where person to be served is a citizen of Ireland, O.11, r.6 (1)

is not a citizen of Ireland, O.11, r.6 (2)

Outside the District, O.15, r.7

Persons Authorised to Serve,

a member of the Garda Síochána, O.10, r.3 (1)

not the Garda instituting the proceedings, O.10, r.3 (2)

officer of School Attendance committee, O.10, r.4

person authorised by statute, O.10, r.3 (1)

summons server, O.10, r.2

where none stand assigned, O.10, r.13

Proof of

where effected by an authorised person, O.10, r.16

where effected bypost, O.10, rr.16, 17, 17A, 18

Service actually effected may be deemed good, O.10, r.15

Substituted, O.10, r.14

Statutory declaration as to, to be prima facie evidence, O.10, r.17

Time for, generally, O.10, r.20

To have no effect or validity unless document was stamped at time of, O.10, r.19

Where a particular mode of, is not available, O.10, r.14 92)

SET ASIDE

Application to have a decree, O.45, r.3

Application to have proceedings, in a summary case where no notice of the summons or hearing was received,

form and lodgment of, O.10, r.23 (3)

venue for, O.10, r.23 (2)

application to extend time for making, O.10, r.23 (2)

clerk to enter and list matter for hearing and notify parties, O.10, r.23 (4)

order of the Court, O.10, r.23 (5)

Proceedings on a third party notice may be, O.42, r.7

SET-OFF

By way of defence, O.41, r.5

cross-decrees may be, O.46, r.10

SETTLEMENT

In Malicious Injuries case, O.95, r.7

On behalf of minor or other under disability, O.7, r.4 (2), O.41, r.2 (4)

SITTINGS

Of the Court, O.1

SLIP RULE

Clerical mistakes or errors in or omissions from certain documents, O.12, r.17

SOCIAL WELFARE

Application for Order for Contribution towards Benefit or Allowance,

notice of, O.98, r.2 (2)

service and lodgment of, O.98, r.2 (2), 2 (3)

order of the Court, O.98, r.3

copy of, to be served upon respondent, O.98, r.3

venue for, O.98, r.2 (1)

Enforcement of Variation of Order,

for the purposes of, order deemed to be an instalment order, O.98, r.3 (2)

rules 6 (2) and 7 (4) of Order 53 not to apply to, O.98, r.3 (3)

Procedure on application for an Attachment of Earnings Order, O.98, r.3 (4)

venue for O.98, r.3 (4)

References construction of, O.98, r.4

SOLICITOR

Costs of, See SCHEDULE OF COSTS

Service upon, O.10, r.12, O.101, r.8

SPECIAL EXEMPTION ORDER

Application for,O.71

See under INTOXICATING LIQUOR

SPIRIT RETAILER'S LICENCE

Application for Certificate for, O.68

See under INTOXICATING LIQUOR

SPOUSES

And Children,

Maintenance of, O.54, O.55, O.58, O.62

Protection of, O.59

See under FAMILY LAW

STATEMENT

Of Means, O.53, r.4

STATUTORY DECLARATION

As to Service,

forms of, O.10, r.16

lodgment of, with Clerk, generally, O.10, r.21

to be prima facie evidence of service, O.10, r.17

To accompany summons for attendance of debtor,

form of, O.53, r.3 (1)

lodgment of, with Clerk, O.53, r.3 (1)

STATUTORY PROCEEDINGS

Certificate in lieu of affidavit of debt in, O.45, r.2 (1) (b)

For the recovery of sums of money due, O.12, r.11

STAY OF EXECUTION

See under EXECUTION

STREET AND HOUSE TO HOUSE COLLECTIONS ACT, 1962

Application under section 23 of, by Garda Chief Supt.—

notice of, O.88, r.5 (2)

service and lodgment of, O.88, r.5 (2), 5 (3)

order of the Court, O.88, r.5 (4)

venue for, O.88, r.5 (1)

Appeal against attaching of conditions by Garda Chief Supt. to collection permit—

notice of, O.88, r.3 (2)

service and lodgment of, O.88, r.3 (3), 3 (4)

order of the Court, O.88, r.3 (5)

venue for, O.88, r.3 (1)

Appeal against refusal of Garda Chief Supt. to grant collection permit—

notice of, O.88, r.2 (2)

service and lodgment of, O.88, r.2 (30, 2 (4)

order of the Court, O.88, r.2 (5)

venue for, O.88, r.2 (1)

Appeal against revocation by Garda Chief Supt. of collection permit—

notice of, O.88, r.4 (2)

service and lodgment of, O.88, r.4 (3), 4 (4)

order of the court, O.88, r.4 (5)

venue for, O.88, r.4 (1)

STRIKE OUT

Power of the Court to, with or without costs, O.38, r.1 (4), O.51, r.8

SUMMONS

Abridgement or extensionof time for service or lodgment, O.12, r.1

Amendment of, O.12, r.2, O.38, r.1

Contents of, O.15, r.3

Court to which returnable. O.15, r.3 (3), O.99, r.3

In lieu of warrant, O.15, r.10, O.16, r.4

Issue of, by Clerk, O.15, r.2 (2), O.99

Issue of, by Judge, O.15, r.1 (3)

Late entry of, O.10, r.22

Lodgment of, O.10, r.21

May be served in any part of the State, O.15, r.7

Not avoided by death of person signing, O.15, r.5

Proceedings by, for recovery of monies due, O.12, r.11

Service of, generally, O.10

Signing of, O.15, r.5, O.99, r.2

against member of the Garda Síochána, O.15, r.5 (2)

Variance, defects, etc., O.38, r.1 (1), 1 (2)

Where accused did not received notice of, in a summary case, O.10, r.23

Witness, in civil proceedings, O.44

in criminal proceedings, O.21

SUMMONS SERVER

Fees of, O.10, r.2 (2)

Service by, O.10, r.2 (1)

Where none stands assigned, O.10, r.13 (1)

SURETY

Acceptance of money in lieu of, O.17, r.4 (2), O.18, r.6, O.101, r.4

Estreatment of recognisance against, O.27

Information by, that accused is about to abscond, O.20

May enter recognisance separately from accused in certain cases, O.18, r.14

Sufficiency of, O.18, r.3

TENDER

Defence of, O.41, r.3

Lodgment with clerk of amount of, O.41, r.3

THIRD PARTY PROCEDURE

Proceedings under the, O.42

See under CIVIL PROCEEDINGS

TIME

Abridgement or extension of, O.12, r.13, O.95, r.12

For giving notice to Clerk, O.12, r.5

issuing warrant, O.25

lodging notice of appeal, O.101, r.2

notice of intention to defend, O.41, r.1

notice requiring a case stated, O.102, rr.2 (2), 8 (2)

payment of a penalty, O.23, rr.5, 6

service and lodgment of

documents, in general, O.10, rr.20, 21, 22

ejectment civil summons, O.47, r.5

interpleader civil summons, O.49, r.9

notice of application to estreat or to forfeit money lodged, O.27, r.3

notice to review a judgment, O.45, r.3

witness summons, O.21, r.1 (3), O.44, r.1 (3)

sittings, O.1

swearing an affidavit of debt, O.45, r.2 (2)

transmitting documents to Co. Registrar O.24, r.32

Variance as to, between evidence and complaint, O.38, r.1 (1)

TIME LIMIT

For execution of decree or dismiss, O.48, r.4

return of unexecuted warrant, O.26, r.11

on instalment order, O.53, r.6 (2)

issue of warrant ot enforece a suspended sentence, O.25, r.4

judgment debt, enforcement of, O.53, rr.6 (2), 7 (4)

TRADE NAME

Suing by, O.39, r.9 (3)

TRANSFER

Of action from the Circuit Court or the High Court, O.39, r.15

to the Circuit Court or the High Court, O.50

Of intoxicating liquor licence,

ad interim, O.77

certificate of, O.79

held by a nominee, O.78

Of public music and singing licence, O.87, r.4

TRAIL

Of summary offences, O.23, rr.1 to 4, O.24, r.17

Sending forward for, O.24, rr.6, 15, 16.

UNSOUND MIND

Person of,

Proceedings by or against, O.7, r.8

Service upon, O.7, r.9

USE OF BLOOD TESTS

In determining Parentage, O.61

See under FAMILY LAW

VALUE-ADDED TAX

Payable on Solicitor's Costs,

A sum in respect of, may be allowed if not otherwise recoverable, O.12, r.22, O.45, r.2 (3)

Scale costs to be exclusive of and in addition to, O.5, r.6

VARIANCE

Between evidence and complaint,

power of the Court in case of, O.38, r.1

WARRANT

Addressing of, O.26, rr.2, 3, 4

in case if emergency, O.26, r.5

Amendment of, O.12, r.17, O.38, r.1

Body, O.18, r.12

Consent to bail on, O.18, rr.11, 12, O.26, r.1

County Registrar's, O.48, r.1 (2)

Delivered to Governor with prisoner, O.26, r.9

Distress, O.25, r.7

disposal of goods seized under, O.26, r.8

Duplicate, O.12, r.4

Endorsement on, as to release on bail, O.26, r.1

release on bail pursuant to, O.17, r.5

Execution of, O.26, r.7

Issue of, O.16, r.1, O,25, O.26, r.6

not to issue pending appeal, O.25, r.8, O.101, r.11

note of, to be made by Clerk, O.25, r.9

where offence committed outside jurisdiction of Judge but suspect is within O.16, r.6

Not avoided by death of person signing, O.16, r.2 (2)

Of committal—

for contempt of court, O.25, r.5

for non-payment of compensation, costs, expenses, O.25, r.6

in case of a suspended sentence, O.25, r.3

not to issue after six months, O.25, r.4

in default of payment of a penalty, O.25, r.2 (a)

of person sentenced to imprisonment, O.25, r.1

of witness refusing to be examined, O.21, r.2 (1)

on estreating a recognisance, O.25, r.8, O.27.

Outstanding summons does not prevent the issue of, O.16, r.4

Payment to stay execution of, O.26, r.8 (3)

Re-issue of, O.26, r.11

Remand, to a Garda Síochána station, O.19, r.3

Return of unexecuted, O.26, r.11

Signing of, O.16, r.2

Sums levied under, to be paid to Clerk, O.26, r.10

To arrest—

accused about to abscond, O.20, r.1

failing to appear on summons, evading service etc., O.22, r.1

failing to appear on remand, O.22, r.2

person charged with an offence, O.16

for breach of a recognisance under the Probation of Offenders Act, 1907 O.28, r.2

unlikely to comply with a witness order, O.24, r.21

witness failing to appear, evading service, etc., O.21, r.1 (5)

refusing to attend, O.21, r.1 (6)

To search (Miscellaneous), O.34

Under Control of Dogs Act, 1986 , O.19, r.5

Criminal Justice (Community Service) Act, 1983 , O.30, r.8

Enforcement of Court Orders Act, 1926 and 1940, O.53, O.56, O.57

Extradition Act, 1965, O.29

Fire Services Act, 1981 , O.92, r.5

Fisheries (Consolidation) Act, 1959 , O.65, r.11

Housing (Private Rented Dwellings) Act, 1982 , O.93, r.3 (4)

Misuse of Drugs Acts, 1977 and 1984, O.32

Road Traffic Act, 1961 , O.97, r.6

WATER DISCONNECTION

application for order, O.85, r.2

service of notice, O.85, r.2

WHOLESALE BEER DEALER'S LICENCE

Application for certificate for, O.68

See under INTOXICATING LIQUOR

WILDLIFE ACT, 1976

Application under—

for certificate for wildlife dealer's licence, O.89, r.3

to amend a wildlife dealer's licence, O.89, r.4

to prohibit entry on land, O.89, r.9

for a search warrant, O.89, r.10

Appeal against direction given by the PC under sec.78 (3), O.89, r.8

refusal of Minister to grant/renew a licence to hunt with firearms, O.89, r.2

seizure and detention (sec.77), O.89, r.7

Clerk to send to Minister copy of order

revoking a wildlife dealer's licence, O.89, r.5

revoking a firearm certificate or

a licence to hunt with firearms

and imposing a disqualification, O.89, r.6

WINE RETAILER'S ON-LICENCE

Objection to the first grant, of, O.70

See under INTOXICATING LIQUOR

WITNESS

Evidence by, O.8

Expenses of,

in civil porceedings, O.51, r.3

in criminal proceedings, O.36

Failure to attend, O.21, r.1 (5), O.44, r.1 (6)

Order, O.24, r.18

notice of, O.24, r.19

where unlikely to comply with, O.24, rr.20 to 23

Procuring attendance of

in civil proceedings, O.44

in criminal proceedings, O.21

Provisions of Rules regarding bail to apply to, O.18, r.17

Refusal of, to give evidence, O.21, r.2 (1)

Where required by prosecution, O.24, r.7

WRONGFUL DETENTION

Costs in action for, O.51, r.10

YOUNG PERSON

Proceedings involving.

See under CHILD,CHILDREN,MINOR.