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

EXPLANATORY NOTE

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

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

TABLE OF CONTENTS

		Page
	DISTRICT COURT RULES 1997	1
	CITATION AND COMMENCEMENT	2
	ANNULMENT OF EXISTING RULES	2
	INTERPRETATION OF TERMS	2
	PART I
	PRELIMINARY AND GENERAL
Order
1	SITTINGS	5
2	ADJOURNMENT OF PROCEEDINGS AND OF THE COURT	7
3	LANGUAGE	9
4	MODE OF ADDRESS	9
5	JUDGES' ROBES	9
6	RIGHT OF AUDIENCE	11
7	MINORS AND OTHER PERSONS UNDER DISABILITY	13
8	TENDERING OF EVIDENCE	15
9	AFFIDAVITS	15
10	SERVICE OF DOCUMENTS	17
11	SERVICE OUT OF THE JURISDICTION	23
12	MISCELLANEOUS	29
	PART II
	CRIMINAL PROCEEDINGS
13	VENUE	33
14	ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS	35
15	ISSUE OF SUMMONSES ALLEGING OFFENCES	37
16	ISSUE OF WARRANTS CHARGING OFFENCES	39
17	PROCEDURE ON ARREST	41
18	PROCEDURE ON ADMITTING TO BAIL	43
19	REMANDS BY THE COURT	47
20	ARREST OF PERSON ABOUT TO ABSCOND	49
21	ATTENDANCE OF WITNESSES	51
22	PROCEDURE ON ACCUSED'D FAILURE TO APPEAR	53
23	TRIAL OF SUMMARY OFFENCES	55
24	SUMMARY TRIAL AND PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES	57
25	ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS	63
26	ENDORSEMENT, ADDRESSING, EXECUTION RE-ISSUE OF WARRANTS	65
27	ESTREATMENT OF RECOGNISANCES FORFEITURE OF MONEY LODGED	69
28	RECOGNISANCES UNDER THE PROBATION OF OFFENDERS ACT, 1907	73
29	EXTRADITION	75
30	COMMUNITY SERVICE	79
31	PROCEEDINGS UNDER
	— CRIMINAL JUSTICE ACT, 1984
	— CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990	81
31A	PROCEEDINGS UNDER THE POLICE (PROPERTY) ACT 1897	83
32	MISUSE OF DRUGS	85
33	COMPENSATION ORDERS	87
34	MISCELLANEOUS SEARCH WARRANTS	91
35	CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS	95
36	COSTS AND WITNESSES' EXPENSES	97
37	PROCEEDINGS INVOLVING CHILDREN OR YOUNG PERSONS	97
38	MISCELLANEOUS MATTERS	99
	PART III
	CIVIL PROCEEDINGS
39	COMMENCEMENT OF PROCEEDINGS	101
40	PARTICULARS TO BE GIVEN IN CERTAIN CIVIL SUMMONSES, ETC.	107
41	DEFENCE, LODGMENT AND COUNTERCLAIM	109
42	THIRD PARTY PROCEDURE	113
43	SECURITY FOR COSTS	115
44	ATTENDANCE OF WITNESSES	117
45	JUDGMENT IN DEFAULT	119
46	HEARING OF CIVIL PROCEEDINGS	123
47	EJECTMENT PROCEEDINGS	127
48	EXECUTION OF DECREES AND DISMISSES	131
49	INTERPLEADER	133
50	APPLICATION TO HAVE AN ACTION FORWARDED TO THE CIRCUIT COURT OR TO THE HIGH COURT	135
51	COSTS AND EXPENSES	137
52	COUNSEL'S FEES	139
53	ENFORCEMENT OF JUDGMENTS	141
	Family Law
54	MAINTENANCE OF SPOUSES AND CHILDREN	147
55	RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS AS BETWEEN THE STATE AND NORTHERN IRELAND, ENGLAND AND WALES, AND SCOTLAND	151
56	ATTACHMENT OF EARNINGS	157
57	PROCEEDINGS UNDER SECTION 8 of THE ENFORCEMENT OF COURT ORDERS ACT, 1940	159
58	CUSTODY AND GUARDIANSHIP OF INFANTS	161
59	DOMESTIC VIOLENCE	165
60	PROTECTION OF THE FAMILY HOME	171
61	USE OF BLOOD TESTS IN DETERMINING PARENTAGE	173
62	PROCEEDINGS UNDER—
	THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968, (OR)
	THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 1988, (OR)
	THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS, (OR)
	THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE	175
	Licensing
63	AUCTIONEERS AND HOUSE AGENTS	191
64	BETTING ACT, 1931	193
65	FISHERIES	195
66	GAMING AND LOTTERIES	199
67	GENERAL DEALERS	201
	Intoxicating Liquor
68	CERTIFICATES FOR SPIRIT RETAILERS LICENCES, BEER RETAILERS' LICENCES, WHOLESALE BEER DEALERS' LICENCES; DECLARATIONS OF FITNESS UNDER SECTION 15 of THE INTOXICATING LIQUOR ACT, 1960	203
69	RESTAURANT CERTIFICATES AND DECLARATIONS AS TO SUITABILITY OF PREMISES	205
70	OBJECTIONS TO THE FIRST GRANT OF WINE RETAILERS ON-LICENCES	207
71	SPECIAL EXEMPTION ORDERS	209
72	GENERAL EXEMPTION ORDRES	211
73	EXEMPTIONS FOR SPECIAL EVENTS	213
74	EXEMPTIONS FOR LICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY	215
75	EXEMPTIONS FOR UNLICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY	217
76	OCCASIONAL LICENCES	219
77	AD-INTERIM TRANSFERS OF LICENCES	221
78	TRANSFERS OF LICENCES HELD BY NOMINEES	223
79	CERTIFICATES OF TRANSFER	225
80	OBJECTIONS TO RENEWAL OF INTOXICATING LIQUOR LICENCES, FORMS OF RENEWAL CERTIFICATE AND RECORDING OF RENEWALS OF LICENCES	227
81	ANNUAL LICENSING COURT	229
82	REGISTER OF LICENCES	231
83	REGISTRATION OF CLUBS, GRANTING OF CLUB AUTHORISATION	233
84	CHILD CARE	239
85	WATER DISCONNECTION	249
86	PUBLIC DANCING	251
87	PUBLIC MUSIC AND SINGING	253
88	STREET AND HOUSE TO HOUSE COLLECTIONS	255
89	WILDLIFE	257
	MISCELLANEOUS MATTERS
90	AIR NAVIGATION (EUROCONTROL)	261
91	CONTROL OF DOGS	263
92	FIRE SERVICES	267
93	HOUSING (PRIVATE RENTED DWELLINGS)	269
94	IRISH NATIONALITY AND CITIZENSHIP	271
95	MALICIOUS INJURIES	273
96	PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION	275
97	ROAD TRAFFIC	279
98	SOCIAL WELFARE — CONTRIBUTIONS TOWARDS BENEFITS OR ALLOWANCES	281
99	ISSUE OF SUMMONSES IN MATTERS OTHER THAN CRIMINAL MATTERS	283
	PART IV
	APPEALS AND CASES STATED
100	APPEALS TO THE DISTRICT COURT	285
101	APPEALS TO THE CIRCUIT COURT	287
102	CASES STATED	291
	SCHEDULE A
	RULES WHICH ARE ANNULLED BY THESE RULES	295
	SCHEDULE B
	FORMS IN CRIMINAL PROCEEDINGS	299
	SCHEDULE C
	FORMS IN CIVIL PROCEEDINGS	540
	SCHEDULE D
	FORMS IN APPEALS TO THE DISTRICT COURT AND TO THE CIRCUIT COURT AND IN CASES STATED FOR THE SUPREME COURT AND FOR THE HIGH COURT	1136
	SCHEDULE OF COSTS	1151
	SCHEDULE OF COUNSEL'S FEES	1158
	INDEX TO RULES	1159

S.I. No. 93 of 1997

DISTRICT COURT RULES, 1997

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

GIVEN this 30th day of January, 1997.

Peter Smithwick	Chairman.
John Garavan
John P. Clifford
Gillian M. Hussey
John P. Brophy
Deirdre M. Kennedy
Gerard Griffin
Sean McMullin
James McCormack	Secretary

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

Dated this 24th day of February, 1997.

NORA OWEN,

Aire Dlí agus Cirt.

DISTRICT COURT RULES, 1997

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

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

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

INTERPRETATION OF TERMS

In these Rules—

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

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

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

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

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

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

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

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

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

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

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

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

"oath" includes solemn affirmation and statutory declaration;

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

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

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

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

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

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

PART I PRELIMINARY AND GENERAL

ORDER 1

SITTINGS

Sittings

1.

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

Further sittings

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

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

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

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

Times and places at which business may be transacted

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

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

ORDER 2

ADJOURNMENT OF PROCEEDINGS AND OF THE COURT

Adjournment of proceedings

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

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

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

2.

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

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

Adjournment of the Court

3.

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

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

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

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

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

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

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

ORDER 3

LANGUAGE

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

ORDER 4

MODE OF ADDRESS

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

ORDER 5

JUDGES' ROBE

ORDER 6

RIGHT OF AUDIENCE

Persons entitled to appear and address the Court

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

( a ) any party to the proceedings; or

( b ) a solicitor for such party; or

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

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

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

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

ORDER 7

MINORS AND OTHER PERSONS UNDER DISABILITY

Construction

1. In this Order—

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

Minors — next friend/guardian ad litem

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

Appointment by the Court

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

Court approval required for acceptance of lodgments, etc.

4.

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

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

Orders for investment, etc.

5.

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

— interim payments

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

On attaining full age

6.

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

— payment out of sums invested

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

— order for payment

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

Proof of age

7.

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

Persons of unsound mind

8.

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

Service of documents

9.

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

ORDER 8

TENDERING OF EVIDENCE

Evidence by a witness

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

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

In civil proceedings facts may be proved by affidavit

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

Documents to be marked and returned

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

ORDER 9

AFFIDAVITS

Affidavits to be made before Commissioners for Oaths

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

No affidavit to be sworn before the solicitor for the party

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

ORDER 10

SERVICE OF DOCUMENTS

Persons authorised to serve documents

Meaning of word "document"

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

Generally

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

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

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

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

School Attendance Act

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

Modes of Service

Service generally

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

Service on a company

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

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

Service on local authority, etc.

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

Service on firm

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

Service on minor

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

Service on lunatic or person of unsound mind

10.

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

Service on prisoner

11.

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

• Companies Act 1963 [s. 379].

Service on solicitor

12.

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

Service by registered post, etc.

13.

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

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

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

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

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

Substituted service, etc.

14.

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

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

15.

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

Proof of Service

16.

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

17.

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

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

18.

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

Document to be stamped

19.

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

Time for service and lodgment of documents

20.

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

Time for lodgment

21.

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

Late entries

22.

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

In a case of summary jurisdiction,

— application to have proceedings set aside

Where no notice of summons or of hearing was received

23.

23. (1) In this rule—

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

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

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

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

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

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

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

ORDER 11

SERVICE OUT OF THE JURISDICTION

PART I — GENERAL

Definitions

1. In this Order—

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

"document" includes an extrajudicial document;

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

"jurisdiction" shall mean the jurisdiction of the State.

Cases in which may be allowed

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

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

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

• (i) made within the jurisdiction, or

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

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

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

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

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

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

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

How application to be made

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

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

Court to fix date of hearing

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

Where person to be served

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

— is a citizen of Ireland

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

— is not a citizen of Ireland

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

Copy of order granting leave must also be served

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

How service to be effected

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

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

In cases where The Hague Convention applies

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

PART II — SERVICE UNDER THE HAGUE CONVENTION

Hague Convention procedure

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

Party to lodge documents with Master

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

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

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

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

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

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

Certificate of service

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

to be lodged with Clerk

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

Procedure on non appearance of defendant

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

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

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

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

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

Judgment may be given notwithstanding r.7 (1)

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

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

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

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

Time for appeal may be extended

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

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

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

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

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

ORDER 12

MISCELLANEOUS

Abridgement or extension of time for service or lodgment

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

Amendments

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

Enlargement or abridgement of time

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

Notices requiring Case Stated not capable of enlargement

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

Documents lost or destroyed — duplicate to issue

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

Time for giving of notice

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

How notice may be given to Garda Superintendent

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

How notice may be given to Clerk, etc.

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

Notices to be in writing

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

Remission of fees by Judge

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

Last day Saturday, Sunday or office closed

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

Proceedings by summons for recovery of money

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

Newspaper Notices

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

No procedure

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

Practice and Procedure in Metropolitan District to continue

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

All Clerks competent to perform duties

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

Size of documents

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

Slip Rule

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

Minute Book

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

Decision of Court to be recorded

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

Recognisance by body corporate

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

Exemptions from entering into recognisance

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

Interest on lodgments

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

Value-added tax

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

23 Schedules and forms

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

Reference to and modification of forms

24.

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

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

Non-compliance with Rules

25.

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

Where no form provided

26.

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

PART II CRIMINAL PROCEEDINGS

ORDER 13

VENUE

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

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

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

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

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

Indictable offences

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

Summary proceedings where accused is in custody

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

Power of Judge

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

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

ORDER 14

ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS

Proceedings to be in open Court

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

Power to exclude public

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

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

§4. In any criminal proceedings—

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

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

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

Prohibition of publication of proceedings

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

Form of certificate

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

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

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

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

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

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

ORDER 15

*ISSUE OF SUMMONSES ALLEGING OFFENCESS

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