S.I. No. 635/2005 - District Court (EU Regulations) Rules 2005


SI 635 of 2005

District Court (EU Regulations) Rules 2005

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 , 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, Equality and Law Reform, make the following rules of court:-

1.        These rules may be cited as the District Court (EU Regulations) Rules 2005.

2.        These rules shall come into operation on the 1st day of November 2005 and shall be read together with all other District Court rules for the time being in force.

EU Service Regulation

3.        Order 11 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended:

(a)       By the addition to Rule 1 of the following definitions;

“Receiving Agency”, for the purposes of the Service Regulation, when used in relation to the State means any County Registrar and, when used in relation to any other State in which the Service Regulation applies, means the authority or authorities so designated by the State under Article 2 of the Service Regulation to receive requests for the service of documents;

“Service Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on the Service in the Member States of Judicial and Extrajudicial documents in civil or commercial matters (OJ L160/37 of 30 June 2000);

“Transmitting Agency”, when used in relation to the State means any County Registrar and when used in relation to any other State in which the Service Regulation applies, means the public officers, authorities or other persons designated by the relevant State under Article 2 of the Service Regulation to transmit requests for the service of documents;

(b)       By the substitution for Rule 6 (c) of the following:

“In a case where the person to be served is in another State in which the Service Regulation applies, service shall be effected in accordance with the provisions of the Regulation (which may include service by post under Article 14(1) thereof in accordance with any conditions upon which the State of destination has specified under Article 14(2) and in accordance with Article 23(1) of the Regulation it will accept service of judicial documents by post). In any other case where the person to be served is in another State which is a party to the Hague Convention, service shall be effected in accordance with the provisions of the Convention (which may include service by post under paragraph (a) hereof provided the State destination has not made an objection to such service under Article 10 (a) of the Hague Convention)”;

(c)     By the substitution for the title immediately following rule 6 of the title “PART II- SERVICE UNDER THE SERVICE REGULATION OR THE HAGUE CONVENTION”

(d)    By the substitution of the following for Rule 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 in which the Service Regulation applies, or in any State in which the Service Regulation does not apply but which is a party to the Hague Convention, that document shall be served, as appropriate, in accordance with the provisions of the Service Regulation or of the Hague Convention”.

(e)  By the substitution of the following for Rule 8:

“Any party to any proceedings in a civil or commercial matter 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 Service Regulation or the Hague Convention may lodge with the Transmitting Agency or the Central Authority, as appropriate;

(i)        A request for the service of the document in the form specified in the Annex to the Service Regulation or in the Annex to the Hague Convention, as appropriate, and a copy thereof

(ii)       Two copies of the document to be served, with an additional copy thereof for each person to be served

(iii)      A translation of each document into the official languages or one of the official languages of State addressed, or in another language which that State has indicated it can accept, unless that document is already in one of those languages;

(iv)      An undertaking to pay the costs of service, payment or reimbursement of which these may be sought by the Receiving Agency or by the Central Authority of the State addressed;

And the relevant provision of Order 11B of the Rules of the Superior Courts shall apply in every such case”.

(f)  By the insertion into Rule 9(1) immediately after the words “completed and forwarded” of the words “under Article 10 of the Service Regulation by the Receiving Agency or”;

(g)  By the insertion into each of Rule 10(1), Rule 11 and Rule 12 immediately before the words “The Hague Convention” where those words appear in each of them of the words “the Service Regulation or”.

(h)  By the insertion into each of Rule 10(1)(b) and Rule 11(a) immediately before the words “that Convention” where that word appears in each of them of the words “the Service Regulation or”.

and the said Order 11 as so amended appears in Schedule 1 hereto.

EU Jurisdiction Regulation

4.   Order 62 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution therefor of the following Order appearing in Schedule 2 hereto.

5.   The Forms numbered 62.1 to 62.8 inclusive in Schedule 3 hereof shall be substituted for the Forms numbered 62.1 to 62.8 inclusive in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

ORDER 11

SERVICE OUT OF THE JURISDICTION

PART I - GENERAL

O.11. r.1

Definitions

1.     In this Order-

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

“document” includes an extrajudicial document;

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

“jurisdiction” shall mean the jurisdiction of the State.

“Receiving Agency”, for the purposes of the Service Regulation, when used in relation to the State means any County Registrar and, when used in relation to any other State in which the Service Regulation applies, means the authority or authorities so designated by the State under Article 2 of the Service Regulation to receive requests for the service of documents;

“Service Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on the Service in the Member States of Judicial and Extrajudicial documents in civil or commercial matters (OJ L160/37 of 30 June 2000);

“Transmitting Agency”, when used in relation to the State means any County Registrar and when used in relation to any other State in which the Service Regulation applies, means the public officers, authorities or other persons designated by the relevant State under Article 2 of the Service Regulation to transmit requests for the service of documents;

Cases in which may be allowed

 

 

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

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

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

(i)     made within the jurisdiction, or

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

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

O.11, r.2

 

 

(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;

(h)        where necessary, in proceedings brought under subsection (3 of section 38 of the Criminal Justice Act, 1994 (and in accordance with rule 6 of Order 38 of these Rules) for an order authorising the further detention of cash seized.

How application to be made

 

 

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

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

Court to fix date of hearing

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

Where person to be served

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

-is a citizen of Ireland

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

O.11, r.5

-is not a citizen of Ireland

 

 

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

Copy of order granting leave must also be served

 

 

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

How service to be effected

 

 

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

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

In cases where The Hague Convention applies

 

 

(c)        In a case where the person to be served is in another State in which the Service Regulation applies, service shall be effected in accordance with the provisions of the Regulation (which may include service by post under Article 14(1 thereof in accordance with any conditions upon which the State of destination has specified under Article 14(2) and in accordance with Article 23(1) of the Regulation it will accept service of judicial documents by post). In any other case where the person to be served is in another State which is a party to the Hague Convention, service shall be effected in accordance with the provisions of the Convention (which may include service by post under paragraph (a hereof provided the State destination has not made an objection to such service under Article 10 (a) of the Hague Convention).

O.11, r.7

PART II- SERVICE UNDER THE SERVICE REGULATION OR THE HAGUE CONVENTION

Hague Convention procedure

 

 

7.        Where any document for use in civil or commercial proceedings in the District Court is to be served upon a person in any other State in which the Service Regulation applies, or in any State in which the Service Regulation does not apply but which is a party to the Hague Convention, that document shall be served, as appropriate, in accordance with the provisions of the Service Regulation or of the Hague Convention.

Party to lodge documents with Master

 

 

8.        Any party to any proceedings in a civil or commercial matter 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 Service Regulation or the Hague Convention may lodge with the Transmitting Agency or the Central Authority, as appropriate;

(i)       A request for the service of the document in the form specified in the Annex to the Service Regulation or in the Annex to the Hague Convention, as appropriate, and a copy thereof

(ii)      Two copies of the document to be served, with an additional copy thereof for each person to be served

(iii)    A translation of each document into the official languages or one of the official languages of State addressed, or in another language which that State has indicated it can accept, unless that document is already in one of those languages;

(iv)     An undertaking to pay the costs of service, payment or reimbursement of which these may be sought by the Receiving Agency or by the Central Authority of the State addressed;

And the relevant provision of Order 11B of the Rules of the Superior Courts shall apply in every such case.

0.11, r.9

Certificate of Service

 

 

9.(1)    A certificate of service completed and forwarded under Article 10 of the Service Regulation by the Receiving Agency or under Article 6 of The Hague Convention by the Central Authority of the State addressed or any authority which it may have designated for that purpose shall be prima facie evidence of the facts stated therein. A document purporting to be such a certificate shall until the contrary is proved be deemed to be such a certificate.

to be lodged with Clerk

 

 

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

Procedure on non appearance of defendant

 

 

10.(1)  Where a document instituting proceedings (or notice thereof) had to be transmitted abroad for the purposes of service under the provisions of the Service Regulation or 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 the Service Regulation or that Convention,

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

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

Judgment may be given notwithstanding r.7(1)

 

 

11.       Notwithstanding the provisions of rule 10 (1) hereof, the Court may give judgment even if no certificate of service or delivery as provided by the Service Regulation or 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 the Service Regulation or that Convention,

O.11, r.11

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

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

Time for appeal may be extended

 

 

12.       In any case where the document instituting proceedings to which this Order relates (or notice thereof) had to be transmitted abroad for service under the provisions of the Service Regulation or 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.

SCHEDULE 2

ORDER 62

PROCEEDINGS UNDER

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

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

COUNCIL REGULATION (EC) NO 44/2001 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS OR

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

THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE.

 

1. In this Order-

“the Act of 1976” means the Family Law (Maintenance of Spouses and Children Act, 1976 (No. 11 of 1976);

“the Act of 1998” means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998 (No.52 of 1998);

“the Act of 1994” means the Maintenance Act, 1994 (No.28 of 1994);

“the Conventions” means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention, each as defined in section 2 of the Act of 1998);

“the 1968 Convention” means the Convention on Jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention) done at Brussels on the 27th day of September, 1968, (as adjusted by the Accession Conventions of 1978, 1982, 1989 and 1996);

“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September, 1988, and includes Protocol 1;

“the Jurisdiction Regulation” means Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L12 of 16 January 2001, page 1);

“the New York Convention” means the Convention on the recovery abroad of maintenance done at New York on the 20th day of June, 1956;

O.62, r.1

“the Central Authority” means a Central Authority appointed by order of the Minister for Equality and Law Reform under subsection (1)(a) of section 4 of the Act of 1994 to discharge the functions required of it under the Act of 1994 or required of a Central Authority under the Rome Convention or of a transmitting agency or receiving agency under the New York Convention, however as provided by paragraph (b) of that subsection, pending the appointment of a Central Authority the said Minister shall discharge its functions and references in this Order to the Central Authority shall be construed accordingly as reference to the Minister;

“central authority of a reciprocating jurisdiction”, when used in the context of proceedings under Part III of the Act of 1994, means:-

(a)   the central authority of such a jurisdiction which has been designated pursuant to paragraph 1 or, where appropriate, paragraph 2 of Article 2 of the Rome Convention, or

(b)   an authority of such a jurisdiction with functions corresponding to those exercisable by the Central Authority within the State;

“central authority of a designated jurisdiction” means:-

(a)   a transmitting or receiving agency in a state which is a contracting party to the New York Convention, or

(b)   an authority of a designated jurisdiction with functions corresponding to those exercisable by the Central Authority within the State;

“Contracting State”,

(a)   when used in the context of proceedings under the 1968 Convention, has the meaning assigned to it in section 4 (1) of the Act of 1998,

(b)   when used in the context of proceedings under the Lugano Convention means a State in respect of which that Convention has entered into force or taken effect in accordance with Article 61 or 62 thereof;

“Member State” means a member state of the European Union in which the Jurisdiction Regulation applies;

“reciprocating jurisdiction” means a Member State or Contracting State (within the meaning of the Act of 1998) which is declared by order of the Minister for Foreign Affairs to be a reciprocating jurisdiction;

“designated jurisdiction” means:-

(a)   any state or Member State which is a contracting party to the New York Convention, or

(b)   any other state or jurisdiction which is declared by order of the Minister for Foreign Affairs to be a designated jurisdiction for the purposes of Part III of the Act of 1994;

“maintenance creditor” includes any body which, under the law of a reciprocating jurisdiction, is entitled to exercise their rights of redress of, or to represent, the creditor, and references in District Court Rules to a maintenance creditor or to a claimant (as defined herein) shall be construed as including references to the Central Authority;

0.62, r.1

 

 

“claimant” means, according to the context, either:-

(a)    a person residing in a designated jurisdiction (including any body which under the law of that jurisdiction is entitled to exercise the rights of redress of or to represent that person) and claiming pursuant to Part III of the Act of 1994 to be entitled to receive maintenance from a person residing in the State, or

(b)    a person residing in the State (including a competent authority within the meaning of Part IX (Liability to Maintain Family) of the Social Welfare (Consolidation) Act, 1993 ) and claiming pursuant to Part III of the Act of 1994 to be entitled to recover maintenance from a person residing in a designated jurisdiction;

“respondent” means, according to the context, either:-

(a)    a person residing in the State from whom maintenance is sought to be recovered pursuant to Part III of the Act of 1994 by a person residing in a designated jurisdiction, or

(b)    a person residing in a designated jurisdiction from whom maintenance is sought to be recovered pursuant to Part III of the Act of 1994 by a person residing in the State;

“domiciled” shall be construed, having regard to the instrument applicable in any given case, in accordance with Articles 2 and 59 to 61 of the Jurisdiction Regulation, or section 15 and the Ninth Schedule of the Act of 1998 and Articles 52 and 53 of the 1968 Convention, or section 15 and the Ninth Schedule of the Act of 1998 and Articles 52 and 53 of the Lugano Convention;

“enforceable maintenance order” has the meaning assigned to it in section 4(1 of the Act of 1998

the terms “enforcement order”, “judgment” and “maintenance debtor” have the meanings assigned to them respectively in section 4 (1) of the Act of 1998.

“maintenance order” has the meaning assigned to it by section 1 of the Act of 1988 as amended by section 4 (1) of the Act of 1998. and includes, where the context is appropriate, an instrument or settlement referred to in Article 57 or 58 of the Jurisdiction Regulation, or Article 50 or 51 of either of the 1968 Convention or the Lugano Convention in so far as it provides for the payment of maintenance.

0.62, r.2

PART I - CIVIL PROVISIONS

Venue in Insurance matters

 

 

2.  Whenever it is proposed to bring proceedings before the District Court by virtue of Article 9 of the Jurisdiction Regulation or Article 8.2 of either the 1968 Convention or the Lugano Convention (all of which relate to insurance matters) against an insurer domiciled in a Member State or Contracting State other than the State and the policy-holder is domiciled in the State, such proceedings may be brought. heard and determined at any sitting of the Court for the transaction of civil business for the district court area in which the policy-holder is ordinarily resident or carries on any profession, business or occupation.

Venue in consumer contracts

 

 

3.   Whenever a consumer who is domiciled in the State proposes to bring proceedings before the District Court by virtue of Article 16 of the Jurisdiction Regulation or Article 14 of either the 1968 Convention or the Lugano Convention (all of which relate to consumer contracts) against the other party to a contract and that other party is domiciled in a Member State or Contracting State other than the State, such proceedings may be brought heard and determined at any sitting of the Court for the transaction of civil business for the district court area in which the consumer is ordinarily resident or carries on any profession, business or occupation.

Application to The Hague Convention or Service Regulation

 

 

4.    (1)      The provisions of EC Council Regulation No 1348/2000 of 29 May 2000 on the Service in the Member State of Judicial and Extrajudicial documents in civil or commercial matters (hereinafter referred to as the “Service Regulation”) shall apply to proceedings brought in the District Court by virtue of the Jurisdiction Regulation. The provisions of The Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (hereinafter referred to as “The Hague Convention”) shall apply to proceedings brought in the District Court by virtue of the Conventions.

0.62, r.4

 

 

(2)  When any document for use in such proceedings is required by this Order to be served and such document is to be served upon a person in another State which is a state in which the Service Regulation applies service shall be effected in accordance with the provisions (including Articles 7 to 10) of the Service Regulation and this Order. When any document for use in such proceedings is required by this Order to be served and such document is to be served upon a person in another State which is a state in which the Service Regulation does not apply but in which The Hague Convention applies, service shall be effected in accordance with the provisions (including Articles 8 to 11) of The Hague Convention and this Order.

Institution of proceedings against person domiciled abroad.

 

 

5.(1)  This Order shall not apply to the institution of proceedings under section 17 of the Maintenance Orders Act, 1974 against a person residing in a reciprocating jurisdiction, which are provided for in Order 55 of these Rules.

(2)  The provisions of Order 11 (Service Out of the Jurisdiction) of these Rules shall not apply to proceedings being instituted in the District Court by virtue of the Jurisdiction Regulation, the Conventions or as the case may be, the Lugano Convention, against a person who is domiciled in a Member State or Contracting State other than the State, and service may be effected without prior leave of the Court.

(3)      Whenever proceedings are instituted in the District Court by virtue of the Jurisdiction Regulation, the Conventions or the Lugano Convention against a person who is domiciled in a Member State or Contracting State other than the State and that person is not or is not known or believed to be a citizen of Ireland, notice of the document instituting the proceedings in the Form 62.1 Schedule C and not the document itself shall be served upon that person.

(4)      A plaintiff or solicitor for a plaintiff may institute such proceedings by completing, signing, stamping (if so required) the civil summons or other document instituting the proceedings and lodging it, together with duly completed originals and copies of the notice (Form 62.1 Schedule C) and of a certificate in the Form 62.2 Schedule C with the Clerk for the area for which the proceedings are to be issued. The Clerk shall stamp them with the official stamp showing the date of lodgment and shall, having regard to the provisions of paragraph (5) of this rule, list the proceedings for hearing before the Court and having recorded the place, date and time of hearing on the civil summons or other document instituting the proceedings and the notices, shall return all documents to the plaintiff or the solicitor, as the case may be.

0.62, r5

 

 

(5)      A notice and certificate returned under paragraph (4) of this rule shall be served as indicated in rule 4 of this Order (which may include service by post provided that, if such service is into a Member State, it is in accordance with any conditions specified by the Member State concerned in accordance with Articles 14 (2) and 23 (1) of the Service Regulation and, if such service is into a Contracting State in which The Hague Convention applies, the State of destination has not made an objection to such service under Article 10 (a) of The Hague Convention) or, where appropriate, in accordance with the provisions of Order 11 of these Rules, upon the defendant and, where the documents are to be served in the European territory of another Member State or Contracting State they shall be served at least five weeks prior to the date of sitting of the Court before which the proceedings have been listed for hearing. Where the documents are to be served in any non-European territory of another Member State or Contracting State, they shall be served at least six weeks prior to that date.

(6)  Upon receipt of the certificate of service prescribed in Article 10 and the Annex of the Service Regulation or Article 6 of The Hague Convention the Plaintiff (or solicitor for the Plaintiff) shall lodge with the Clerk the originals of

-          the civil summons or other document instituting the proceedings,

-          (where appropriate) the notice of institution of proceedings (Form 62.1) which was served,

-          the certificate (Form 62.2) which was served, and

-          the certificate of service,

at least four days prior to the said date of sitting of the Court.

(7)  Where service has been effected by registered post or insured post the following provisions shall apply-

(a)      the plaintiff or plaintiff's solicitor shall, not earlier than ten days after the date of posting, lodge with the Clerk the relevant documents listed in paragraph (6) hereof, together with a statutory declaration as to service of the documents posted, the certificate of posting and the advice of delivery form (when returned);

(b)      the documents issued for service shall be deemed to have been issued at the time at which the envelope containing the copies for service was posted;

(c)      the said documents shall, subject to the provisions of Article 9 of the Service Regulation or, as the case may be, Article 15 of The Hague Convention, be deemed to have been served at the time at which the said envelope would be delivered in the ordinary course of post;

(d)      the statutory declaration as to service, the certificate of posting and the advice of delivery form shall, subject to the provisions of the said Article 9 of the Service Regulation or, as the case may be, the said Article 15 of The Hague Convention, together be sufficient evidence of such service.

-where defendant is a citizen of Ireland

 

0.62, r6

6.   Whenever proceedings are instituted in the District Court by virtue of the Jurisdiction Regulation, the Conventions or the Lugano Convention against a person who is domiciled in a Member State or Contracting State other than the State, and that person is a citizen of Ireland, the civil summons or other document instituting the proceedings, with necessary modifications, may be served (rather than notice thereof). Subject to the foregoing proviso, the requirements of rule 5 of this Order shall apply in such cases and shall be construed accordingly. Two notices of intention to appear must be served in each case.

Notice of intention to appear

 

 

7.   Where, in proceedings to which rule 5 or 6 of this Order relates, a defendant intends to appear or to be represented at the hearing for the purpose of defending the proceedings and/or, by virtue of Article 24 of the Jurisdiction Regulation, or Article 18 of either the 1968 Convention or the Lugano Convention for the purpose of contesting the jurisdiction of the Court, the defendant or solicitor for the defendant shall complete, detach and send by post to the Clerk one of the Notices of Intention to Appear (and Defend which were received so soon as to reach the Clerk's office not later than four days before the date fixed for the hearing, and shall at the same time complete, detach and send by post to the plaintiff or solicitor for the plaintiff the other such Notice received.

Hearing of proceedings

 

 

8. (1)  The provisions of Order 45 (Judgment in Default) of these Rules shall not apply to proceedings to which this Order relates.

(2) At the hearing of proceedings referred to in rule 5 or 6 hereof the Clerk shall produce to the Court any communication or correspondence received from the defendant.

where defendant does not appear

 

 

(3) Where the defendant fails to appear and is not represented at the hearing, the Court may, if it considers it necessary to do so, require the production of the advice of delivery form confirming delivery to the defendant or to the defendant's address of the envelope containing the copy documents for service referred to in rule 5 (5) of this Order.

(4) Where the defendant fails to appear and is not represented at the hearing and no notice of intention to appear has been received from the defendant, it shall be necessary for the plaintiff or solicitor for the plaintiff to show to the satisfaction of the Court-

(a)        that each claim made in the document instituting the proceedings is one which, by virtue of the provisions of the Jurisdiction Regulation, the Conventions or, as the case may be, the Lugano Convention, the Court has jurisdiction to hear and determine,

(b)        that no other Court has exclusive jurisdiction within the meaning of the Jurisdiction Regulation, the 1968 Convention or, as the case may be, the Lugano Convention to hear and determine such claim,

0.62, r8

 

 

(c)        that no proceedings involving the same cause of action are pending between the parties in another Member State or, as the case may be, in another Contracting State,

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

(e)        that the defendant has been able to receive the said document or notice in sufficient time to enable him or her to arrange for his or her defence, or all necessary steps have been taken to this end, as required by Article 26 of the Jurisdiction Regulation or Article 20 of either the 1968 Convention or, as the case may be, the Lugano Convention.

(5)   Where the defendant has not appeared or given notice to defend judgment shall not be given until the requirements of Article 19 of the Service Regulation or, as appropriate, Article 15 of The Hague Convention (as set out in Order 11, rule 10 of these Rules) have been complied with.

(6)   Notwithstanding the provisions of sub-paragraph (5) above, the Court may give judgment even if no certificate of service or delivery as provided for by the Service Regulation or by The Hague Convention has been received. if all the conditions listed in the said Article 15 of the Service Regulation or Article 19 of the Hague Convention (as set out in Order 11, rule 11 of these Rules) are fulfilled.

Enforcement of judgments abroad provision of documents

 

 

(7)   Where the Court gives judgment against a defendant in proceedings to which this rule relates, the plaintiff, (or solicitor for the plaintiff) shall forthwith notify the defendant of having obtained such judgment.

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

9. (1)  An interested party who, for the purposes of Articles 53 and 54 of the Jurisdiction Regulation or, as the case may be, Articles 46 and 47 of either the 1968 Convention or, as the case may be, the Lugano Convention, requests the provision of the documents mentioned in section 14 of the Act of 1998 in respect of a judgment given in the District Court, shall lodge with the Clerk for the district court area in which the judgment was given-

(a) an original and two copies of the judgment duly completed.

(b) a certificate in duplicate in the Form 62.3 Schedule C, and

0.62, r9

(c) where appropriate, an original and copy or copies of the document or documents establishing that notice of the institution of proceedings was served upon the defendant.

(2)  When the judgment has been signed by the Judge and served in accordance with the provisions of rule 10 hereof, the Clerk shall give to the party requesting them a duly authenticated copy of the judgment, a certificate in the Form 62.3 Schedule C and a certified true copy or copies of the document or documents referred to in paragraph 1 (c) of this rule, and shall retain the other documents in his or her custody.

Service of judgment and proof of service

 

 

10. (1)  Where, for the purposes of Article 53 of the Jurisdiction Regulation or Article 47 of either the 1968 Convention or the Lugano Convention, it is necessary to serve upon a defendant a judgment given at a sitting of the District Court, such service shall be effected by or on behalf of the plaintiff and in accordance with the provisions of the Service Regulation or The Hague Convention and this Order. When service has been effected and duly certified the certificate of service or, where appropriate, the certificate of posting statutory declaration as to service and the advice of delivery form, shall be lodged with the Clerk for retention with the original judgment.

(2) Upon the request of a party applying for enforcement of such a judgment for the provision of the documents referred to in Article 47.1 of either the 1968 Convention or the Lugano Convention, the Clerk shall give to that party a certificate in the Form 62.4 Schedule C (with any necessary modifications) and certified copy or copies of the relevant document or documents lodged under paragraph (1) of this rule. Upon the request of a party applying for enforcement of such a judgment for the provision of the certificate referred to in Article 54 of the Jurisdiction Regulation, the Clerk shall give to that party a certificate in the form of Annex V of the Jurisdiction Regulation, or in the Form 62.4A, Schedule C.

PART II- ENFORCEMENT OF CERTAIN FOREIGN MAINTENANCE ORDERS UNDER THE ACT OF 1998

Order not to apply to the enforcement of UK maintenance orders

 

 

11.       This Order shall not apply to the enforcement of maintenance orders made in a reciprocating jurisdiction as provided for in section 14 of the Maintenance Orders Act, 1974 and to which Order 55 of these Rules relates.

12.       (1)       Where a copy of a maintenance order or a copy of an order varying or revoking such an order, in respect of which an enforcement order has been made, is received together with a copy of relevant enforcement order by a District Court Clerk from the Master of the High Court (or in the case of an instrument of settlement, the High Court) such Clerk shall register particulars of each document received.

0.62, r.14

(2)       If the enforcement order has been made in respect of a maintenance order or an order varying a maintenance order, the Clerk shall send by registered post to the maintenance creditor and the maintenance debtor a notice in the Form 62.5 Schedule C.

(3)  If the enforcement order has been made in respect of an order revoking a maintenance order, the Clerk shall send by registered post to the maintenance debtor a copy of such revocation order and a statement of any amounts still due and payable under the maintenance order.

13.  (1) Where a maintenance debtor ceases to reside in the district court area in which the proceedings have been registered and commences to reside elsewhere in the State, the Clerk for the said district court area shall forward to the Clerk for the district court area in which the maintenance debtor is for the time being residing the following documents-

(a)                a copy of the maintenance order and a copy of the relevant enforcement order,

(b)                a certificate of arrears in the Form 62.6 Schedule C,

(c)                a copy of the variation order (if any),

(d)                any other relevant document.

(2)    The Clerk receiving the said documents shall proceed as if the copy of the maintenance order and the copy of the enforcement order had been received from the Master of the High Court (or in the case of an instrument or settlement, the High Court).

14.  (1)      Whenever a District Court Clerk receives a request in writing from a maintenance creditor under section 9 (9) of the Act of 1998 in relation to any sum payable by virtue of an enforceable maintenance order but not duly paid such Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or Order 57 (Proceedings under section 8 of the Enforcement of Court Orders Act, 1940 ) of these Rules.

(2)       Where it appears to a District Court Clerk that any sums payable to him or her under an enforceable maintenance order for transmission to the maintenance creditor are in arrears and he or she has received no request in writing under the said section 9(9) in relation thereto, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Application by virtue of Articles 2 and 5.2 of the Jurisdiction Regulation or the 1968 Convention

 

 

15.  An application to the District Court being brought-

(a)        by virtue of Article 5.2 of the Jurisdiction Regulation, or Article 5.2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled or habitually resident in the State against a maintenance debtor domiciled in a Member State or Contracting State other than the State for the variation of a maintenance order,

0.62, r.15

(b)      by virtue of Article 2 of the Jurisdiction Regulation, or Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled in a Member State or Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance order, or

(c)      by virtue of Article 2 of the Jurisdiction Regulation, or Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance debtor domiciled in a Member State or Contracting State other than the State against a maintenance creditor domiciled in the State for the variation or revocation of a maintenance order,

shall be preceded by the issue and service upon the defendant party of a summons in the Form 62.7 Schedule C or, where appropriate, notice thereof in the Form 62.1 Schedule C, with any necessary modifications, where the defendant party is domiciled in a Member State or Contracting State other than the State, and the provisions of this Order shall apply. The order of the Court granting the application shall be in the Form 62.8 Schedule C and shall be served upon a party within the jurisdiction by registered post and upon a party domiciled in another Member State or Contracting State in accordance with the provisions of the Service Regulation or, as appropriate, The Hague Convention (including Articles 8 to 11 thereof) and this Order.

PART III- RECOVERY OF MAINTENANCE

 

- MAINTENANCE ACT, 1994- PART II

- RECIPROCATING JURISDICTIONS

- THE ROME CONVENTION

Enforcement Order

 

 

16. If a judgment or an instrument or settlement referred to in Articles 57 or 58 of the Jurisdiction Regulation, or Articles 50 or 51 of the Brussels Convention or the Lugano Convention does not relate solely to maintenance, these Rules shall apply only to those parts that relate to maintenance, and upon receipt of an enforcement order made by the High Court, in relation thereto, the Clerk shall proceed as indicated in rule 17 hereof.

17. Where, pursuant to section 7 (1) of the Act of 1994, the Central Authority, on receipt of an application for the recognition or enforcement in the State of a maintenance order which has been transmitted by the Central Authority of a reciprocating jurisdiction, sends the application to

(a)         the Master of the High Court for determination in accordance with section 7 of the Act of 1998, or

(b)         the High Court for determination in accordance with Articles 38, 39 and Annex II of the Jurisdiction Regulation or, as appropriate, Article 31 of the Brussels or Lugano Conventions

O.62, r.18

and, where an enforcement order is made under sections 7(2) or 7(7) of the Act of 1994, as appropriate, and the orders are sent to the appropriate District Court Clerk, such clerk shall register the documents and proceed to enforce the enforceable maintenance order in accordance with the provisions of this Order.

PART IV - RECOVERY OF MAINTENANCE

 

-MAINTENANCE ACT, 1994

-DESIGNATED JURISDICTIONS

-THE NEW YORK CONVENTION

 

18.       Where the Central Authority receives a request from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“the respondent”), and such request being accompanied by an order of a Court in a Contracting State (within the meaning of the Act of 1998), the Central Authority transmits the request pursuant to section 14 (1)(a) of the Act of 1994 to the Master of the High Court for determination in accordance with Article 39 of the Jurisdiction Regulation or section 7 of the Act of 1998, and where the Master having made an enforcement order in respect of the maintenance order, sends those orders to the appropriate District Court Clerk such Clerk shall proceed as indicated in rule 16 of these Rules.

19.       (1) Where the Central Authority receives a request referred to in rule 18 hereof and such request is accompanied by an order made by any other Court and the Central Authority is of opinion that the order may be enforceable in the State the Central Authority may make application pursuant to section 14 (1) (b) of the Act of 1994 at any sitting of the District Court for the relevant district court district (as set out in section 14 (11) of the Act of 1994) for the enforcement of the order

(2) Such application shall be preceded by the issue and service of a notice, in the Form 62.9 Schedule C upon the respondent. The notice shall be accompanied by a copy of the documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

(3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with a statutory declaration as to service thereof and the certificate of posting, at least four days prior to the said date of hearing.

O.62, r.19(4)

Clerk to send copy orders

 

 

(4) Where, upon hearing the application, the Court makes an order for the enforcement of the order of the court in the designated jurisdiction for the recovery of maintenance such order of the Court shall be in the Form 62.10 Schedule C and copies thereof shall be sent by the Clerk to the Central Authority and the respondent.

and enforce order

 

 

(5) When the Court makes such an order the Clerk shall proceed to enforce the enforceable maintenance order as indicated in rule 16 of these Rules.

Enforcement Procedure where not accompanied by order-

 

 

20.(1) Where the Central Authority receives a request referred to in rule 17 hereof and either:-

(a)   such request is not accompanied by an order referred to in rule 17 or in rule 18 hereof, or

(b)   enforcement of the order is refused,

- application to District Court

 

 

and the Central Authority intends to make an application to the District Court pursuant to section 14 (1)(c)(ii) of the Act of 1994, for the recovery of maintenance in accordance with the request, such application may be made at any sitting of the Court for the relevant Court District (as set out in section 14 (11) of the Act of 1994) and shall be deemed (as provided in subsection (3 of that section) to be an application for a maintenance order under section 5 5A or 21A of the Act of 1976, as appropriate.

- on notice

 

 

(2) The application shall be preceded by the issue and service of a notice, in the Form 62.11 Schedule C upon the respondent. The notice shall be accompanied by a copy of documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

(3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with the certificate of posting, at least four days prior to the said date of hearing.

(4) Where, upon hearing the application, the court makes a maintenance order the Clerk shall proceed in accordance with the relevant provisions of the Order 54 and this Order, and the forms therein provided (with any necessary modifications) may be used.

O.62, r.21

21.      Where the court, on an application to it under section 14 (1) (c) of the Act of 1994, takes evidence from the respondent on sworn deposition, such deposition shall be in the Form 62.12 Schedule C.

a copy thereof shall be sent by the Clerk to the Central Authority for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit.

22.      Where, at the hearing of an application under section 14 (1) (c) of the Act of 1994, the Court makes an order pursuant to subsection (7 of that section transferring the proceedings to a district court district where facilities are available for taking the evidence of the claimant or of any witness through a live television link, such order shall be in the Form 62.13 Schedule C. The Clerk shall forward a copy thereof together with any other documents in his or her possession relating to the proceedings, to the appropriate District Court Clerk.

23.      A request by the claimant to give evidence on sworn deposition before the District Court pursuant to section 15 (2) (a) of the Act of 1994 may be made at any sitting of the Court for the district court district in which the claimant resides or carries on any profession business or occupation. A deposition, taken under that provision shall be in the Form 62.14 Schedule C and the certificate of the Court required under that provision (which may be added at the foot of the deposition) shall be in the Form 62.15 Schedule C. A certified copy of the deposition and certificate shall be given by the Clerk to the claimant.

24.      The certificate to be given by the Clerk to a claimant on request pursuant to section 15 (3) (b) of the Act of 1994, shall be in the Form 62.16 Schedule C.

25.(1)  Subject to the provisions of subsection (8) of section 19 of the Act of 1994, where on request from the Master of the High Court, pursuant to section 19 (2) of the Act of 1994, a Judge of the District Court proposes to take the evidence of a person for the purposes of proceedings in a designated jurisdiction for the recovery of maintenance, the Clerk shall issue and serve notice, in the Form 62.17 Schedule C upon the person concerned, the Central Authority the Master of the High Court and upon such other persons as the judge thinks fit. The notice shall be served by registered post at least twenty-one days prior to the date fixed for taking the evidence.

(2) Where such evidence is taken on sworn deposition, the deposition shall be in the Form 62.18 Schedule C. The Clerk shall send a certified copy thereof to the Central Authority for transmission to the requesting authority.

(3) Where, as provided for in section 19 (9) of the Act of 1994, the requesting authority makes a request for the taking of evidence directly to the District Court, the provisions of this rule shall, with any necessary modifications, apply in relation to such a request.

O.62, r.25(4)

 

 

(4)            If it is not possible to take the evidence within four months of the receipt of the request by the Central Authority, the Judge shall certify in the Form 62.21 Schedule C the reasons for the non-execution of the request or for the delay in executing it and the Clerk shall send the same to the Central Authority for transmission to the requesting authority.

PART V - MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS II, III AND IV REFER

Currency of payments

 

 

26.       An amount payable in the State under:-

(a)      an enforceable maintenance order by virtue of an enforcement order as provided for in the Act of 1988, or

(b)      an order for recovery of maintenance which is made by a Court in a jurisdiction other than the State and is enforceable in the State as provided for in the Act of 1994,

shall be paid in the currency of the State and if the amount is stated in the enforceable maintenance order or order for recovery, as the case may be, in a currency other than the currency of the State, the payment shall be made on the basis of the exchange rate prevailing on the date of the making of the enforcement order or of the order of a court in the State for the enforcement of the order, for the recovery of maintenance between that other currency and the currency of the State.

Clerk to give receipt for and transmit payments

 

 

27. (1) The District Court Clerk shall give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him or her under an order referred to in rule 26 hereof and shall transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it, having due regard to the provisions of subsections 2 (a) and 2 (b) of section 4 of the Act of 1994.

(2) Before transmitting any such payment abroad the Clerk shall comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and shall, where necessary for that purpose, produce the order referred to in rule 26 hereof to an authorised dealer, (i.e. a licensed bank) for inspection.

Venue for proceedings by creditor

 

 

28.(1) Proceedings by or on behalf of the maintenance creditor being brought in the District Court under the Act of 1998 for the enforcement of an enforceable maintenance order, may be brought heard and determined:

O.62, r.28(2)

 

 

(a)     in case the maintenance debtor under the enforceable maintenance order concerned resides in the State, at any sitting of the Court for the district court district in which the maintenance debtor resides,

(b)     in case the maintenance debtor does not reside in the State but is in the employment either of a person residing or having a place of business in the State or of a corporation or association having its seat therein, at any sitting of the Court for the district court district in which that person resides or, as the case may be, the corporation or association has its seat.

(2) Proceedings being brought by the maintenance creditor by virtue of Article 2 of the Jurisdiction Regulation, or Article 2 of either the 1968 Convention or the Lugano Convention for the variation of a maintenance order made in a Contracting State other than the State may be brought, heard and determined at any sitting of the Court for the district court district in which the maintenance debtor is domiciled.

PART VI- MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS III AND IV REFER

 

29.(1)  An application by the Central Authority to the District Court under section 20 (2) of the Act of 1994 for an order requiring a person or body (not being a person or body mentioned in subsection (1) of that section) to provide to the Central Authority information as to the whereabouts, place of work, or location and extent of the assets of a maintenance debtor (within the meaning of the Act of 1998) or respondent may be made at any sitting of the Court for the district court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation, and notice of such application in the Form 62.19 Schedule C shall be lodged with the Clerk at least four days prior to the date of hearing.

(2)      Where the Court grants the application and makes the order sought, such order shall be in the Form 62.20 Schedule C and the Central Authority shall forward a copy thereof to the person or body concerned.

SCHEDULE 3

No.62.1

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters.

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

NOTICE OF INSTITUTION OF PROCEEDINGS

Between

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

of ............................................................................................

Plaintiff

and

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

of ...........................................................................................

Defendant

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you the above-named defendant, domiciled at .........................................................

by the above- named Plaintiff, *(ordinarily resident) *(carrying on a professional business/ occupation) at ..........................................................................................

*(in the district court area aforesaid), claiming as follows:-

The proceedings have been listed for hearing at the sitting of the District Court to be held at           on the       day of           20 at a.m./p.m.

IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (or your Solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his or her office not later than four days before the above-mentioned date of hearing and post the other Notice to the plaintiff or the solicitor for the plaintiff.

IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU:

Dated this     day of               20

 

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

District Court Clerk for the above-named district court area.

District Court Office,

at......................

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

IRELAND

To ..............................................................

of ..............................................................

the above-named defendant.

These proceedings have been issued *(by the Plaintiff) *(by

Solicitors of ......................................................................

Solicitors for the Plaintiff)

SCHEDULE C

0.62, rr.5 (3), 15

NOTICE OF INTENTION TO APPEAR

TAKE NOTICE THAT

.................................................................................... domiciled

(the Defendant)

at ............................................................................................

INTENDS TO APPEAR (or) TO BE REPRESENTED at the hearing of the proceedings brought against him/her by

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

(the Plaintiff)

of ..........................................................................................

and which are listed for hearing at the sitting of the District Court to be held at on the       day of              20       at a.m./.p.m.

*(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS)

*(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION FOR THE PURPOSEOF DEFENDING THE PROCEEDINGS).

Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to ........................................ at ........................................................................................)

Dated this      day of            20

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

 

*Defendant

*Solicitor for Defendant

of ...............................................

To: District Court Clerk,

District Court Office,

at ........................................................

IRELAND

SCHEDULE C

0.62, rr.5 (3), 15

NOTICE OF INTENTION TO APPEAR

TAKE NOTICE THAT

.................................................................................... domiciled

(the Defendant)

at ............................................................................................

INTENDS TO APPEAR (or) TO BE REPRESENTED at the hearing of the proceedings brought against him/her

by ................................................................................................

(the Plaintiff)

of ..........................................................................................

and which are listed for hearing at the sitting of the District Court to be held at on the       day of              20       at a.m./.p.m.

*(FOR THE PURPOSE OF DEFENDING THE PROCEEDINGS)

*(FOR THE PURPOSE SOLELY OF CONTESTING THE JURISDICTION OF THE COURT)*(AND IN THE EVENT OF THE COURT NOT DECLINING JURISDICTION FOR THE PURPOSEOF DEFENDING THE PROCEEDINGS).

Any further communications regarding these proceedings should be forwarded *(to the defendant at the above address) *(to ........................................ at ........................................................................................)

Dated this      day of            20

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

 

*Defendant

*Solicitor for Defendant

of ...............................................

To: District Court Clerk,

District Court Office,

at ........................................................

IRELAND

No.62.2

ÉIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area

District No.

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

CERTIFICATE AS TO COURT'S JURISDICTION

Between ....................................................................................

of ........................................................................................

Plaintiff

and

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

of ........................................................................................

Defendant

I ................................... (the Plaintiff) *(solicitor for Plaintiff) do hereby certify

SCHEDULE C

0.62, r.4 (4), 4(6)

1.         that the claim(s) made in the document instituting the above-named proceedings which was lodged with this certificate *is a *are claim(s which. under the - *(Jurisdiction Regulation) *(Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998 the Court has power to hear and determine by virtue of the provisions of Article(s) +

of *(the Jurisdiction Regulation) *(the 1968 Convention) *(the Lugano Convention)

2.         that the claims(s) being brought by the Plaintiff is/are claim(s) which the Court has jurisdiction to hear and determine by reason of the fact(s) that

** (for examples of clauses which might be inserted here see overleaf)

3.         that no proceedings involving the same cause of action are pending between the parties in another *Member State *Contracting State.

Dated this         day of         20

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

Plaintiff/Solicitor for Plaintiff

SCHEDULE C

0.62, rr.5 (3), 15

**EXAMPLES OF CLAUSES WHICH MIGHT BE USED, AS APPROPRIATE, IN RECITAL No.2 ON FORM 62.2 SCHEDULE C.

-       the defendant is domiciled *(in the District Court Area above-named within the jurisdiction of the Honourable Court) *(in the Member State/Contracting State of )

-       the claim against the defendant arises out of a contract and the place for performance of the obligations under the contract is within the jurisdiction of the Honourable Court and therefore, by virtue of Article 5.1 of the *(Jurisdiction Regulation) *(1968 Convention) *(Lugano Convention) above-named the Court has jurisdiction.

-       the claim against the defendant is a claim in tort and the harmful event giving rise to the cause of action occurred within the jurisdiction of the Honourable Court.

-       the claim against the defendant relates to and/or arises out of the operation of a branch, agency or other establishment of the defendant which said branch agency or establishment is situated within the jurisdiction of the Honourable Court.

-       the claim against the defendant is a claim in which the plaintiff is a policy holder under a policy of insurance and it is therefore a claim to which *(Article 9 of the Jurisdiction Regulation) *(Article 8.2 of the 1968 Convention) *(Article 8.2 of the Lugano Convention) above-named applies. The Plaintiff is ordinarily resident/carries on a profession business or occupation in the District Court Area above-named within the jurisdiction of the Honourable Court.

-       the claim against the defendant is being brought by the plaintiff in his/her capacity as a consumer in relation to a consumer contract to which *(Article 16 of the Jurisdiction Regulation) *(Article 14 of the 1968 Convention *(Article 14 of the Lugano Convention) above-named applies. The plaintiff is ordinarily resident/carries on a profession, business or occupation in the District Court Area above-named within the jurisdiction of the Honourable Court

-       the claim against the defendant is a claim to which *(Article 22 of the Jurisdiction Regulation) *(Article 16 of the 1968 Convention) *(Article 16 of the Lugano Convention) (relating to exclusive jurisdiction) above-named applies and the Honourable Court has exclusive jurisdiction to hear and determine the claim because

(give details as in relevant provisions of Article 22/Article 16)

-       the claim against the defendant arises out of a contract/agreement made between the plaintiff and the defendant which provided, inter alia, that the Honourable Court was to have jurisdiction in relation to matters arising thereout and, by virtue of *(Article 23 of the Jurisdiction Regulation *(Article 17 of the 1968 Convention) *(Article 17 of the Lugano Convention) above-named, the Honourable Court is entitled to assume jurisdiction.

SCHEDULE C

O.62, r.9 (1) (b), 9 (2)

No.62.3

EIRE

IRELAND

AN CHUIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

*Section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998.

CERTIFICATE BY DISTRICT COURT CLERK

Between .......................................................................................

of ....................................................................................................

Plaintiff

and......................................................................................

of .......................................................................................

Defendant

I, ........................................., the District Court Clerk for the above named district court area, do hereby certify as follows:-

1.         that the above-named proceedings were in respect of a claim by the plaintiff against the defendant brought before this Court on the             day of             20 by *(civil summons issued on the          day of             20         claiming as follows

2.         that *(the document instituting the proceedings) *(notice of the institution of the proceedings) was served upon the defendant on the        day of                20        in the following manner-

3.         that the defendant *(appeared) *(did not appear) at the hearing of the proceedings.

4.         that the defendant *(was represented) *(was not represented) at the hearing of the proceedings.

5.         that the Court assumed jurisdiction in the proceedings pursuant to the provisions of Article(s)           of *(the Jurisdiction Regulation) *(the 1968 Convention) *(the Lugano Convention) above-named, on the grounds that-

6.         that the Court gave judgment against the *(defendant) *(plaintiff) as follows:-

*7        that the said judgment carries interest at the rate of           percent per annum on the judgment debt only (exclusive of costs and expenses) that is to say, on the sum of Euro €                      from the                      day of           20           until it is paid.

8.         that *(notice of appeal against) *(notice to set aside) the judgment *(has been entered *(has not been entered).

9.         that the time for lodging an appeal against the judgment *(expired) *(will expire) on the        day of    20

10.        that enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.

Dated this    day of        20

 

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

District Court Clerk for the above-named district court area,

District Court Office at

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

IRELAND

SCHEDULE C

0.62.r.10 (2)

No.62.4

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

CERTIFICATE THAT JUDGMENT IS ENFORCEABLE IN THE STATE AND HAS BEEN SERVED

Between .......................................................................................

of ....................................................................................................

Plaintiff

and......................................................................................

of .......................................................................................

Defendant

I............................................................ the District Court Clerk for the above-named District Court area, do hereby certify as follows:-

1.         that the judgment given in the above-named proceedings at the sitting of the District Court held at     on the         day of      20       is enforceable in this State, and

2.  that on the        day of 20          a copy of the said judgment was served by registered/insured post upon the defendant at the following address-

Dated this          day of        20

 

Signed

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

 

District Court Clerk for the above-named district court area,

District Court Office,

at .................................

IRELAND

No. 62.4A

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

Certificate referred to in Articles 54 and 58 of the Regulation on judgments and court settlements

1.  Member State of origin - IRELAND

2.  Court or competent authority issuing the certificate - DISTRICT COURT

2.1. Name

2.2. Address

2.3. Tel./fax/e-mail

3.  Court which delivered the judgment/approved the court settlement (*)

3.1. Type of court

3.2. Place of court

4.  Judgment/court settlement (*)

4.1. Date

4.2. Reference number

4.3. The parties to the judgment/court settlement (*)

4.3.1. Name(s) of plaintiff(s)

4.3.2. Name(s) of defendant(s)

4.3.3. Name(s) of other party(ies), if any

4.4. Date of service of the document instituting the proceedings where judgment was given in default of appearance

4.5. Text of the judgment/court settlement (*) as annexed to this certificate

5.  Names of parties to whom legal aid has been granted

The judgment/court settlement (*) is enforceable in the Member State of origin (Articles 38 and 58 of the Regulation) against:

Name:

Done at ............................,

This ...... day of ................ 20...

Signature and/or stamp ...................................................................................................

District Court Clerk

SCHEDULE C

0.62.r. 12 (2)

No.62.5

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No

In the matter of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September,1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

Section 9(9)(a) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998.

NOTICE CONCERNING SUMS PAYABLE UNDER AN ENFORCEABLE MAINTENANCE ORDER

Between .........................................................................................

of ......................................................................................

Maintenance Creditor

and ........................................................................................

of .......................................................................................

Maintenance Debtor

YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below payable by you, the above-named maintenance debtor, under a maintenance order *(made) *(as varied) on the     day of     20 by

and in respect of which an enforcement order has been made by the Master of the High Court Dublin on the      day of     20    are by virtue of section 9(9) of the above-named Act of 1998 payable to the district court clerk for the above-named district court area for transmission to the maintenance creditor.

Sums payable under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency to

The District Court Clerk,

District Court Office,

at ............................................

Whose office hours are from                to                Monday to Friday each week.

Dated this       day of      20

 

Signed

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

District Court Clerk for the above-named district court area,

District Court Office

at.................................

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

IRELAND

PARTICULARS OF SUMS DUE

(Set out the details)

Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses): Euro €

In addition to this last-named sum you are obliged to pay Euro €                per week in accordance with the terms of the order and the provisions of the above-named Act of 1998

To .......................................................................................................

of .....................................................................................................

The maintenance debtor

NOTE

Under section 9(13) of the above-named Act of 1998 as so applied you are required to notify the above-named district court clerk of any change in your address. Failure, without reasonable cause, to do so is an offence punishable on summary conviction by a fine not exceeding €1,270.

SCHEDULE C

0.62.r. 13 (1)(b)

No. 62.6

In the matter of Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

CERTIFICATE OF ARREARS

District Court Area of

District No.

...................................................................................... Maintenance Creditor

.......................................................................................... Maintenance Debtor

I HEREBY CERTIFY that the sums payable to the District Court Clerk for the above-named district court area by the above-named maintenance debtor. now residing at ................................................................. for transmission to the above-named maintenance creditor, domiciled at                            under a maintenance order *(made) *(as varied) on the                     day of      20       by

and in respect of which an enforcement order was made by the Master of the High Court on the          day of     20

*[have not been paid in full. and that there is. according to the best of my information and belief, in arrears the sum of Euro €          being the amount of weekly payments which have become due and payable up to and including the              day of              20    (together with the sum of Euro €              for costs and expenses,

making in all the total sum of Euro €                     )].

*[have been paid in full up to and including theday of          20          and that there are no such sums in arrears at the date of this certificate.]

Dated this              day of              20

 

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

District Court Clerk for the above-named district court area,

District Court Office

at .................................

IRELAND

SCHEDULE C

O.62.r.13

No. 62.7

EIRE

IRELAND

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of

*(Article 2) *(Article 5.2) of *Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*(Article 2) *(Article 5.2) of *The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

And in the matter of

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

And in the matter of

Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

SUMMONS TO *VARY *REVOKE A MAINTENANCE ORDER

Between .........................................................................................

of ......................................................................................

Maintenance Creditor

and ........................................................................................

of .......................................................................................

Maintenance Debtor

YOU ARE HEREBY REQUIRED TO APPEAR at the sitting of the District Court to be held at         on the         day of         20 at                  a.m./p.m. upon the hearing of an application by the above-named *(maintenance creditor) *(maintenance debtor) residing at

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

(in the court area and district aforesaid to have the maintenance order which was made on the          day of               20    by

whereby the above-named maintenance debtor was ordered to pay

*(being an order in respect of which an enforcement order was made on the               day               of               20                    by the Master of the High Court at Dublin).

*VARIED *REVOKED on the following grounds-

IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PRQCEEDINGS you (or your solicitor) should complete and sign the two Notices of Intention to Appear attached hereto, post one to the District Court Clerk at the address shown below so soon as to reach his or her office not later than four days before the above-named date of hearing, and post the other notice to the other party in the proceedings or to that party's solicitor, as the case may be.

IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU.

Dated this          day of          20

 

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

District Court Clerk for the above-named district court area,

District Court Office

at .................................

IRELAND

To

of

*(in the court area and district aforesaid)

*(maintenance creditor)

*(maintenance debtor)

Add two Notices of Intention to Appear as in Form 62.1

SCHEDULE C

O.62.r.15

No.62.8

EIRE

IRELAND

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

In the matter of *(Article 2) *(Article 5.2) of

*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).

*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968.

*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (and Protocol 1) signed at Lugano on the 16th day of September 1988.

And in the matter of

*Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.

And in the matter of

Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998

ORDER *VARYING *REVOKING A MAINTENANCE ORDER

Between .........................................................................................

of ......................................................................................

Maintenance Creditor

and ........................................................................................

of .......................................................................................

Maintenance Debtor

WHEREAS by maintenance order dated the          day of          20          made by

*(in respect of which an enforcement order was made on the     day of          20 by the Master of the High Court at Dublin) the above-named maintenance          debtor.          now          residing          at....................................................................................

*(in court area and district aforesaid) was ordered to pay to the above-named maintenance creditor, now residing at ..........................................................

*(in court area and district aforesaid) the sum of Euro €

AND WHEREAS an application was made by summons to this Court to-day by the *(maintenance creditor) *(maintenance debtor) for an order *varying *revoking the said maintenance order,

AND HAVING HEARD the evidence tendered by or on behalf of the *(maintenance creditor) *(and) *(maintenance debtor),

AND BEING SATISFIED

(1)        that the *(summons) *(notice of the institution of these proceedings) was duly served upon the *(maintenance creditor) *(maintenance debtor residing at ......................................................................... on the      day of        20

(2)        that the *summons *notice was served in sufficient time to enable the party served to arrange for a defence.

(3)        that the *summons *notice included a statement of the substance of the said application,

THE COURT HEREBY ORDERS THAT THE SAID MAINTENANCE ORDER

*BE REVOKED

*BE VARIED AS FOLLOWS

Dated this          day of          20

Signed: ........................................................

Judge of the District Court

Given this 19th day of May 2003

 

Peter Smithwick

John Garavan

Uinsin Mac Gruairc

Mary C Devins

Sean McMullin

Hugh O‘Neill

Damien J Colgan

David Kelly

Chairman

 

I concur in the making of the foregoing rules

Dated this 4th day of October 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

“These Rules amend

(a)  Order 11 of the District Court Rules 1997, in consequence of the provisions of Council Regulation (EC) 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (O.J. L 160 of 30 June 2000, p.37) and

(b)  Order 62 of those Rules, in consequence of the provisions of that Regulation and of Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and enforcement of judgments in civil and commercial matters (O.J. L 307 of 24 November 2001 p.28).”

(*) Delete as appropriate.

(*) Delete as appropriate.

(*) Delete as appropriate.

(*) Delete as appropriate.

(*) Delete as appropriate.

State Court which made order

Give details of the order

State Court which made order