S.I. No. 68/1972 - District Court(Courts Act, 1971) Rules, 1972.

S.I. No. 68 of 1972.

DISTRICT COURT(COURTS ACT, 1971) RULES, 1972.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 ,section 72 of the Courts of Justice Act,1936, and section 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, with the concurrence of the Minister for Justice, make the following Rules of Court:——á—á

1. These Rules may be cited as the District Court( Courts Act, 1971 ) Rules, 1972.

2. These Rules shall come into operation on the 1st day of March, 1972, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules "the Act" means the Courts Act,1971 (No. 36 of 1971).

4. Rules 84 and 85 of the District Court Rules, 1948 (S.R. & O. 1947, No. 431)as substituted by Rules 9 and 10 of the District Court Rules, 1955( S.I. No. 83 of 1955 ) are hereby revoked and the following Rules substituted therefor:——á—á

"84. An Order pursuant tosection 14 of the Act shall be retained by the District Court Clerk who, when required, shall issue a certified copy thereof which shall be in accordance with Form 20.

85. (1) Any person having a bona fide interest in the matter may, upon payment of the prescribed fee,obtain from the Clerk a copy of the Order made by the Justice in any case of summary jurisdiction in the Court Area of such Clerk.

(2) Any party thereto 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 custody and was made or taken in any case in his Court Area, and of any Order which is in his custody and was made by a Justice in the preliminary examination of an indictable offence in the Court Area of such Clerk.

(3) Where a Justice is satisfied that a copy of any Order or other document mentioned in paragraph 2 of this Rule which is in the custody of a Clerk is reasonably required by any person for the purpose of any legal proceedings, such Clerk shall,upon being so directed by such Justice and upon payment of the prescribed fee (if any), furnish a copy of such Order or other document to such person.

(4) A copy of a deposition shall not be furnished by a Clerk under this Rule before the conclusion of the case in the District Court in which it is taken.

(5) A copy of an Order or other document furnished under this Rule shall be certified by the Clerk to be a true copy of the original Order or document as the case may be."

5. Forms 1,2, 3 and 4 in the Schedule hereto shall be substituted for Forms 45, 46, 47, 48, 49 and 50 contained in the Schedule of Forms to the District Court Rules (No. 2), 1962 (S.I. No.8 of 1962).

6. (a) An application pursuant to section 22 (8) (b) of the Courts (Supplemental Provisions) Act,1961 (inserted by section 21 of the Act) shall be by notice signed by the applicant or his solicitor. Such notice shall be in accordance with Form 5 in the Schedule hereto or such modification thereof as may be suitable.

(b) Such notice shall be served on the other party to the proceedings at least fourteen days before the date of hearing of the application.

(c) A copy of such notice together with a statutory declaration of service thereof shall be lodged with the District Court Clerk at least two days before the date of such hearing.

(d) The Order of the Court hearing such application shall be in accordance with Form 6 or Form 7 in the Schedule hereto or such modification thereof as may be suitable.

SCHEDULE OF FORMS

General heading to be used for all forms:—

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886

(Section 1)

COURTS ACT, 1971

(Section 18)

MAINTENANCE SUMMONS

WHEREAS a complaint has been made by the Complainant, a married woman residing at............................................................ ................... *(in said Court Area and District) that you being the husband of the said Complainant

at............................................................ ............................................................ ............. *(in said Court Area and District)and being able wholly or in part to maintain her *(and her family) do wilfully refuse or neglect to do so, and have deserted her.

AND WHEREAS you will be required to show cause why you should not be ordered to pay to the Complainant for her support such weekly sum as may be determined by the Court in accordance with law.

*(AND WHEREAS you will also be required to show cause why you should not be ordered to pay to the Complainant such further weekly sum for the support of each of your children as maybe determined by the Court in accordance with law).

THIS IS TO COMMAND you to appear as Defendant on the hearing of the said complaint at the District Court at.............in said Court Area and District on the  day of 19, at m.

To the above-named Defendant

of

Note: Proceedings may be brought in the Court Area wherein the wife ordinarily resides or in the Court Area wherein the husband ordinarily resides or carries on business.

*Delete where inapplicable.

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886

(Section 1)

COURTS ACT, 1971

(Section 18)

ORDER FOR PAYMENT OF WEEKLY SUM

Upon application on the day of 19 , by the Complainant, a married woman residing at............................................................ .*(in said Court Area and District) and on hearing what was offered on behalf of the Complainant and the Defendant respectively and being satisfied that the Defendant who at......................... *(within said Court Area and District)being able to maintain his wife *(and her family) has wilfully refused or neglected to do so and has deserted her (No order having been made in the High Court).

IT IS ORDERED AS FOLLOWS:—

1. That the Defendant pay to his wife for her support the weekly sum of £.

2. That the Defendant pay to his wife a further weekly sum of £ for the support of each of the following children*

until such child attains the age of 16 years.

3. That the first of such weekly payments, making in all the total sum of £ be made on the  day of 19 .

*Delete where inapplicable

*Insert name and date of birth of each child.

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT,

1886

(Section 1)

COURTS ACT, 1971

(Section 18)

VARIATION SUMMONS

YOU ARE HEREBY required to appear at the sitting of the District Court at............................................................ ....................... in said Court Area and District

on the  day of   19

at .m upon the hearing of an application on behalf of the

to have an Order dated the day of 19, made by the District Court sitting at..............................varied.

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886

(Section 1)

COURTS ACT, 1971

(Section 18)

VARIATION ORDER

WHEREAS by an Order dated day of  19made by the District Court sitting at....................................... the Defendant was directed to pay to the Complainant, his wife, for her support, the weekly sum of £ together with a further weekly sum of £ for the support of each of the following children*

until such child attained the age of 16 years.

Now upon application on the  day of  19of the for a variation of the said Order

IT IS ORDERED AS FOLLOWS:——

1. That the said Order dated day of 19 be varied.

2. That the Defendant pay to his wife for her support the weekly sum of

£ .

3. That the Defendant pay to his wife a further weekly sum of £  for the support of each of the following children*

until such child attains the age of 16 years.

4. That the first of such weekly payments, making in all the total sum of£   be made on the  day of  19 .

*Delete whichever inapplicable.

*Insert name and date of birth of each child.

COURTS ACT, 1971

(Section 21)

APPLICATION TO TRANSFER ACTION

To

of

COURTS ACT, 1971

(Section 21)

ORDER SENDING FORWARD

UPON APPLICATION duly made to the Court on the  day of

19 ,by.........................................of......................................................

............................................................ ......to have the above action, now pending before

the Court, sent forward to the and the Court being of opinion that the action is one fit to be tried in the and that such Court appears to be the more appropriate tribunal in the circumstances IT IS ORDERED that the said action be sent forward to the

*Delete whichever inapplicable.

*Insert such terms and such conditions as to costs or otherwise as to the Court seems just.

COURTS ACT, 1971

(Section 21)

REFUSAL TO SEND FORWARD

UPON APPLICATION duly made to the Court on the day of

19 ,by........................................................of......................................

............................................................ .... to have the above action, now pending before

the Court, sent forward to the IT IS ORDERED that the said

application be REFUSED.

*Delete whichever inapplicable.

GIVEN this 29th day of February, 1972.

Cathal Ó Floinn, Chairman,

Denis P. O'Donovan,

John Carr,

M. Cyril Maguire,

Andrew Eddery.

I concur in the making of the foregoing Rules.

DATED this 1st day of March, 1972.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE

These Rules, which come into operation on 1st March, 1972,regulate the practice and procedure of the District Court in relation to the following sections of the Courts Act, 1971: Section 14 (Evidence of decision in cases of summary jurisdiction), section 18 [Weekly payments under Married Women (Maintenance in case of Desertion) Act, 1886] and section 21 (Sending forward of actions in the District Court to the Circuit Court or the High Court).