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

S.I. No. 93/1997:

DISTRICT COURT RULES, 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.

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"court area" means one of the areas created under section 21 (repealed by section 32 (1) of the Courts (Supplemental Provisions) Act, 1961 ) of the Courts of Justice Act, 1953 , and such words shall be construed to include the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

EXPLANATORY NOTE

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 dated, 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

PART I PRELIMINARY AND GENERAL

ORDER 1 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 .

*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

†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.

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' ROBES

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

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

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).

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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

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.

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.

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

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.

*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.

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.

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.

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.

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.

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].

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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".

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 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.

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.

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.

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 .

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.

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.

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

*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.

†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.

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.

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 OFFENCES

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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

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.

*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.

†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.

*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

*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.

†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 .

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.

§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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

†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.

‡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].

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.

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.

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.

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.

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.

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.

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.

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.

*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.

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.

†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.

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)].

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.

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.

*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.

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.

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.

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).

*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.

†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.

‡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.

§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.

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)].

*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.

†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.

‡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.

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.

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.

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.

§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)].

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

*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.

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 WARRANTS

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.

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.

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.

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.

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.

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.

*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].

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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);

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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).

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.

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

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.

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

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.

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).

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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.

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.

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

*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.

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.

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.

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.

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.

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.

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

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

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.