S.I. No. 445/2004 - Circuit Court (Fees) Order 2004

I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act 1936 (No. 48 of 1936) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Circuit Court (Fees) Order 2004.

(2) This Order shall come into operation on 01 August, 2004.

2. The Interpretation Act 1937 (No. 38 of 1937) applies to this Order.

3. There shall be charged in the offices of the Circuit Court, in respect of each item set out in column (1) of each Part of the Schedule to this Order, the fee set out in column (2) of the Part concerned opposite the mention of the item.

4. The payment of the fee chargeable in respect of an item mentioned in column (1) of each Part of the Schedule to this Order shall be recorded by means of a stamp impressed on the document or court fee card, as may be appropriate, mentioned in column (3) of the Part concerned opposite the mention of the item.

5. No fee shall be payable under this Order in—

(a) any family law proceedings,

(b) any matrimonial cause or matter, or

6. (1) No fee shall be payable under this Order by, or on behalf of—

(a) the Attorney General, in proceedings to which he is a party,

(b) the Director of Public Prosecutions, in proceedings to which he is a party,

(d) a Minister of the Government, in proceedings brought by the Minister of the Government concerned, or

(e) a probation and welfare officer, in proceedings under the Probation of Offenders Act 1907 or the Criminal Justice (Community Service) Act 1983 (No. 23 of 1983).

(2) No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by—

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(3) No fee shall be payable under this Order in respect of a witness called to give evidence in proceedings to which this Article applies by or on behalf of a person to whom this Article applies.

7. The Circuit Court (Fees) Order 2003 ( S.I. No. 88 of 2003 ) is revoked.

SCHEDULE

FEES IN CIRCUIT COURT OFFICES

PART 1

General

	Item (1)	Fee (2)	Document to be stamped (3)
		€
1.	On every affidavit filed	10.00	The affidavit
2.	On every copy of any document	5.00	The copy or court fee card
3.	On every search	10.00	Court fee card
4.	On every stamping of an un-stamped document given in evidence	45.00	The requisition to stamp
5.	On every application to the court ex parte or otherwise not specifically provided for	45.00	The application
6.	On every certificate not otherwise provided for	10.00	Court fee card
	Taxation
	A County Registrar may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him or her at the full amount thereof.
7.	On a summons to tax	45.00	The summons
8.	On the taxation of a bill of costs— for every full €100 in the amount (including witnesses’ and other expenses and Value Added Tax) allowed	6.00	The original bill or court fee card
9.	On the issue of a certificate of taxation	10.00	The certificate or court fee card

PART 2

Certain proceedings under Rules of the Circuit Court

	Item (1)	Fee (2)	Document to be stamped (3)
		€
1.	On the issue of every civil bill (excluding civil bills in respect of Family Law proceedings), summons, petition or originating notice of application to the court or to the County Registrar not otherwise provided for in this Order and on every notice of appeal other than appeals from the District Court.	55.00	The originating document.
2.	On the filing of every Answer	10.00	The document filed.
3.	On the filing of every counterclaim or set-off	10.00	The document filed.
4.	On every notice of indemnity or of contribution in a civil case	10.00	The document filed
5.	On entry of every notice of motion or ex parte application	45.00	The original notice or ex parte docket.
6.	On every notice of trial	45.00	The notice
7.	On every witness summons	10.00	The requisition for issue or summons
8.	On every judgment by default entered in the office (including affidavit of debt, certificate of no appearance, defence and request for execution order)	75.00	The request for judgment.

PART 3

Proceedings under Licensing Acts 1833 to 2003 and Registration of Clubs Acts 1904 to 2003.

	Item (1)	Fee (2)	Document to be stamped (3)
		€
1.	On every application for a declaration under the Licensing Acts	250	The notice
2.	On every application for a certificate consequent on a declaration under the Licensing Acts.	250	The notice
3.	On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts	250	The notice
4.	On every application for a declaration under the Registration of Clubs Acts	250	The notice

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GIVEN under my Official Seal, 12th July, 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

The Minister for Finance consents to the making of the foregoing Order.

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GIVEN under my Official Seal, 15th July, 2004.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

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

This Order revokes the Circuit Court (Fees) Order, 2003 ( S.I. No. 88 of 2003 ).

The Order provides for the fees to be charged in Circuit Court Offices with effect from 01 August 2004.

In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.