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

9. Where a warrant to commit a person to prison is issued, the officer or member of the Garda Síochána or other person whose duty it is to convey such person to prison shall deliver the said warrant and the said prisoner to the Governor of the prison named in the warrant, who shall thereupon give to such officer, member or other person a receipt for such prisoner (Form 26.3 Schedule B) but, if the said prisoner is already in the custody of the Governor, the warrant only shall be delivered, or transmitted by post. The Governor shall, subject to the provisions of section 3 of the Criminal Justice Administration Act, 1914 , detain the said prisoner for such period and in such manner as is stated in the warrant, and in case of adjournment or remand, or the issue of a body warrant, the Governor shall cause the prisoner to be brought before the Court as is specified and at such time and place as is named in the warrant.

Sums to be paid to Clerk

10. (1) Where a warrant to levy a penalty is issued, the member of the Garda Síochana executing such warrant shall pay the sum levied under it to the appropriate Clerk in accordance with the provisions of the Fines Act (Ireland), 1851 .

• (2) Where a warrant to levy any sum other than a penalty is issued the member of the Garda Síochána executing such warrant shall pay the sum levied under it to the Clerk of the Court from which the warrant was issued and such Clerk shall pay it to the person entitled to receive it in such manner and subject to such account (if any) as the Court directs.

Return of unexecuted warrants

11. Where a warrant, other than

—a warrant for the arrest of a person charged with an indictable offence,

—a warrant for the arrest of a person who has failed to appear in answer to a summons in respect of an offence,

—a bench warrant for the arrest of a person who has failed to appear in compliance with the terms of a recognisance, or

—a search warrant,

—Court may reissue

is addressed, transmitted or endorsed for execution, to any person and he or she is unable to find the person against whom the warrant has been issued or to discover where that person is or where he or she has goods, such person having the execution of the warrant shall return the warrant to the Court which issued the same (within such time as is fixed by the warrant or within a reasonable time, not exceeding six months where no time is so fixed) with a certificate (Form 26.4, Schedule B) endorsed thereon stating the reason why it has not been executed, and the Court may re-issue the said warrant, after examining any person on oath if the Court thinks fit so to do concerning the non-execution of the warrant, or may issue any other warrant for the same purpose from time to time as shall seem expedient.

ORDER 27

• ESTREATMENT OF RECOGNISANCES

FORFEITURE OF MONEY LODGED

Judge to certify non-performance of condition

1. Where, upon the non-performance of a condition of a recognisance which the Court has power to estreat, it is intended to apply to the Court for an order to estreat the recognisance or for an order to forfeit a sum of money which was lodged in lieu of a surety or sureties by the party entering into the recognisance, the recognisance shall first be produced to a Judge assigned to the court district wherein it is then deposited, who may, upon having such proof as the Judge shall think fit, endorse on the recognisance a certificate in the Form 27.1 Schedule B, and such certificate shall be evidence of the non-performance of any condition of the recognisance certified therein.

Venue for application to estreat or to forfeit

2. An application for an order to estreat such recognisance or to forfeit such sum of money shall be made by a superintendent of the Garda Síochána and may be made at any subsequent sitting of the Court at which the order directing that the recognisance be entered into was made or before which the principal party was bound by the recognisance to appear.

Notice of application — to estreat

3. (1) Such application for an order to estreat shall be preceded by the issue and service of a notice in the Form 27.2 Schedule B upon the principal party or the surety or sureties to the recognisance or upon all or any of them as appropriate notifying them of such application.

— to forfeit money lodged

• (2) Such application for an order to forfeit a sum of money lodged in lieu of a surety or sureties shall be preceded by the issue and service of a notice in the Form 27.3 Schedule B upon the party by whom the said sum was lodged.

— Service of notice

• (3) A notice issued under this rule shall be served upon each person to whom it is directed in accordance with the provisions of Order 10, rule 3 (1) of these Rules or by ordinary post and shall be served at least seven days before the date fixed for hearing the application.

• (4) Where the person upon whom it is proposed to serve a notice issued under this rule has not a fixed address within the State, service of the notice upon that person may be effected in such manner as the Judge shall direct.

• (5) Where, however, it is proposed to serve a notice of application for an order to forfeit a sum of money lodged in lieu of a surety or sureties and the Judge is satisfied, upon application made in that behalf, that the person to be served has not a fixed address within the State and that the person's whereabouts are unknown and cannot be ascertained by reasonable enquiries, the Judge may, if considering it proper to do so, by order dispense with service in such case.

• Petty Sessions (Ireland) Act, 1851 .

— Lodgment of notice

• (6) When service of a notice issued under this rule has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for the hearing.

Order of the Court

4. The Court, on hearing an application aforementioned and upon production of the recognisance with the certificate aforesaid endorsed thereon and on hearing any further evidence (if any) tendered in support of the application, may,—

— to entreat

( a ) where the application is for an order to estreat a recognisance, make an order in the Form 27.4, Schedule B (which may be by way of an endorsement on the recognisance) to estreat the recognisance in such amount or amounts and against the principal party or the surety or sureties or against all or any of them as the Court thinks fit,

*Provided that a recognisance shall not be entreated against any person who has not been served with the notice of application to entreat; or

— to forfeit money lodged

( b ) where the application is for an order to forfeit a sum of money lodged in lieu of a surety or sureties, make an order in the Form 27.5 Schedule B (which may be by way of an endorsement on the recognisance) directing the forfeiture of the sum of money lodged or any part thereof.

Clerk to send notices

5. (1) Whenever the Court makes an order to entreat a recognisance the Clerk shall send by ordinary post to each person against whom the order was made a notice in the Form 23.1 Schedule B (with any necessary modifications) informing that person of the making of the order, of the amount in which the recognisance has been entreated against that person and of the time (if any) allowed for payment thereof.

• (2) Whenever the Court makes an order directing the forfeiture of a sum of money lodged in lieu of a surety or sureties (or part thereof) the Clerk shall, if the whereabouts of the person by whom the sum of money was lodged are known, notify such person of the making of the said order and of the amount of money which was directed to be forfeited. Where such amount is less than the sum of money lodged the balance shall be repayable to such person.

Enforcement of order — by distress

6. (1) Where an order to entreat a recognisance has not been complied with, the Court may, at any time after the expiration of the time allowed for payment or, if no such time was allowed, at any time after the making of the order to entreat, issue a warrant in the Form 27.6 Schedule B to levy the amount due by any person under the order by distress and sale of the goods of such person.

*See the Petty Sessions (Ireland) Act, 1851 (sec. 34).

by committal

• *(2) At any time after the issue of such warrant of distress the said superintendent may, having first given at least seven days' notice of the application (in the Form 27.7 Schedule B) to the person against whom the warrant of distress was issued (the respondent) and having lodged the original of that Form with the Clerk, apply to the Court for the issue of a warrant to commit the respondent to prison, and the Court may, if satisfied on hearing the applicant that it was found impossible to execute that warrant of distress, issue a warrant (Form 27.8; Schedule B) to commit the respondent to prison for a term not exceeding the appropriate period specified in the scale set out in Order 23, r.7 of these Rules, and thereupon the applicant shall return the warrant of distress to the Court for cancellation.

In case of peace recognisance — fresh bond may be require

7. Where the Court estreats as against the principal party a recognisance to keep the peace or to be of good behaviour or to keep the peace and to be of good behaviour it may, in addition to entreating the recognisance, order the principal party to enter into a fresh recognisance with or without sureties to perform the obligation of the original recognisance during the period for which it would have remained in force but for the order to estreat.

*See The Fines Act (Ireland), 1851 , [s. 3].

ORDER 28

RECOGNISANCES UNDER THE PROBATION OF OFFENDERS ACT, 1907

1. A recognisance under the Probation of Offenders Act, 1907, shall be in accordance with Form 28.1 Schedule B.

Breach of recognisance

2. Where a person is bound by a recognisance entered into by him or her under the law relating to the Probation of Offenders to appear for conviction or sentence when called on, a Judge on being satisfied by information on oath (Form 28.2 Schedule B) that such person has failed to observe a condition of the recognisance, may issue a warrant (Form 28.3 Schedule B) to arrest such person, or, if he or she thinks fit, instead of issuing a warrant in the first instance may issue a summons (Form 28.4 Schedule B) requiring such person to appear at a court and on a date and at a time specified in the summons, and may also by the said summons, if he or she thinks fit, direct such person's sureties (if any) to appear at the said court.

Procedure on arrest

3. When such person is arrested he or she shall, if not brought forthwith before the court before which he or she is bound by the said recognisance to appear, be brought before a Judge in the district where he or she has been arrested, and such Judge may remand such person in custody or on bail to appear before the court before which he or she is bound by the said recognisance to appear.

4. Where the court before which such person is summoned to appear is not the court before which he or she is bound by the said recognisance to appear, the Judge before whom such person appears in answer to the summons may remand him or her in custody or on bail to appear before such last mentioned court.

5. A Judge shall not remand a person in custody for a period exceeding eight days.

ORDER 29

EXTRADITION

Definition

1. In this Order—

"the Act of 1994" means the Extradition (Amendment) Act, 1994 (No. 6 of 1994);

"judge of the District Court assigned to the Dublin Metropolitan District" means the President of the District Court and any other judge of the District Court assigned to the Dublin Metropolitan District nominated for the purposes of the Principal Act by the President of the District Court;

"the Principal Act" means the Extradition Act, 1965 (No. 17 of 1965);

Part II Warrant of arrest (sec. 26)

2. Where, on production to a judge of the District Court assigned to the Dublin Metropolitan District of a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act (as substituted by section 7 of the Act of 1994) certifying that a request has been made in accordance with Part II of the Principal Act for the extradition of a person, the Judge issues a warrant under section 26 (1) (b) of the Principal Act (as substituted by the said section 7) for the arrest of that person, such warrant shall be in the Form 29.1, Schedule B.

Provisional arrest (sec. 27)

3. (1) An application for the issue of a warrant under section 27 (1) of the Principal Act (as substituted by section 8 of the Act of 1994) for the arrest of a person shall be made by the information on oath and in writing, in the Form 29.2, Schedule B, of a member of the Garda Síochána not below the rank of inspector.

• (2) Where, on foot of such information and without a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act, the Judge issues a warrant for the arrest of the person, such warrant (for provisional arrest) shall be in the Form 29.3, Schedule B.

• (3) Where a Judge issues a warrant under section 27 (1) of the Principal Act, the Clerk shall forthwith send to the Minister for Justice a notice in the Form 29.4, Schedule B informing the Minister of the issue of the warrant.

• (4) Where a person arrested under a warrant issued under the said section 27 (1) is before a Judge of the District Court assigned to the Dublin Metropolitan District and the Judge remands the said person in custody pending the production of a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act, the committal warrant in such case shall be in the Form 29.5, Schedule B.

Committal of person whose extradition is requested (sec. 29)

4. (1) Where a person is before the Court under section 26 or 27 of the Principal Act and the Court makes an order under section 29 (1) of that Act committing that person to a prison or, as the case may be, a remand institution, there to await the order of the Minister for Justice for his or her extradition, such order of the Court shall be in the Form 29.6, Schedule B.

• (2) Upon the making of such an order by the Court, the Clerk shall forthwith send to the Minister, under subsection (3) (b) of the said section 29, a certificate of the committal in the Form 29.7, Schedule B.

Consent to surrender

5. The consent to be surrendered given, by a person committed under section 29 of the Principal Act, before a Judge of the District Court assigned to the Dublin Metropolitan District under section 31 of that Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 29.8, Schedule B.

Part III Proceedings before the Court (sec. 47)

6. (1) Where a person named or described in a warrant is before the District Court in pursuance of Part III of the Principal Act, and the Court makes an order under section 47 (1) of that Act (as substituted by section 12 of the Act of 1994) for the delivery of that person into the custody of a member of a police force of the place in which the warrant was issued for conveyance to that place, and remands him or her in custody until so delivered, the order of the Court in such case shall be in the Form 29.9, Schedule B.

• (2) If in any such case the Court adjourns the proceedings and remands that person in custody under section 47 (4) of the Principal Act (as substituted by section 12 of the Act of 1994), the committal warrant shall be in the Form 29.10, Schedule B.

Consent to being delivered up (sec. 48)

7. The consent of a person to whom an order under section 47 (1) of the Principal Act relates to be delivered up under the order, given before a Judge of the District Court assigned to the Dublin Metropolitan District under section 48 (1) of the Principal Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 29.11, Schedule B.

Provisional warrant (sec. 49)

8. (1) An application to a Judge of the District Court for the issue of a provisional warrant for the arrest of a person under section 49 (1) of the Principal Act shall be made by the information on oath and in writing, in the Form 29.12, Schedule B, of a member of the Garda Síochána not below the rank of inspector.

• (2) When on foot of such information the Judge issues a provisional warrant for the arrest of that person, such warrant shall be in the Form 29.13, Schedule B.

• (3) Where a Judge of the District Court assigned to the Dublin Metropolitan District remands a person in custody for not more than seven days under section 49 (6) of the Principal Act (as substituted by section 13 of the Act of 1994) the committal warrant in such case shall be in the Form 29.14, Schedule B.

Form of recognisance (sec. 7A)

9. Where a person arrested under Part II or III of the Principal Act is admitted to bail by order of the High Court under section 7A of that Act (as inserted by section 5 of the Act of 1994) and the order directs that a recognisance be entered into before a Judge of the District Court or before the Governor or Deputy Governor of a prison or a remand institution, such recognisance may be in the Form 29.15, Schedule B, or any modification thereof which may be necessary to comply with the terms and conditions of the said Order of the High Court.

Provisions applicable to warrants

10. (1) Subject to the provisions of paragraphs (2) and (3) of this rule, the provisions of these Rules applicable to warrants in proceedings as to offences shall apply to warrants issued under the Principal Act.

• (2) A warrant of arrest issued under section 26, 27 or 49 of the Principal Act may be addressed to any member of the Garda Síochána in any part of the State.

• (3) A warrant to which paragraph (2) hereof relates may be executed by any member of the Garda Síochána in any part of the State, and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within twenty-four hours thereafter.

Evidence by affidavit

11. In any proceedings brought before the Court under the Extradition Acts, 1965 to 1994 (other than an application for the issue of a warrant of arrest) the Court may at any time, for such reasons as it thinks fit and on such conditions as it thinks reasonable, permit the evidence of any witness to be given by affidavit and permit the affidavit of such witness to be read at the hearing. The Court shall not, however, grant such permission when it appears that any party to the proceedings bona fide requires the production of the witness for cross-examination and that such witness can be produced.

ORDER 30

COMMUNITY SERVICE

Definitions

1. In this Order—

"the Act" means the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983);

"district of residence" has the meaning assigned to it by section 6 of the Act;

"offender" has the meaning assigned to it by section 2 of the Act;

"relevant officer" means a probation and welfare officer discharging functions under the Act.

Community service order

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

Applications by a relevant officer

3. (1) Complaint by a relevant officer of an offence under section 7 (4) of the Act shall be brought before the Court by issuing and serving upon the offender a summons in the Form 30.2 Schedule B.

• (2) An application under section 9, 10 (1) or 11 (1) of the Act, when made by a relevant officer, shall be brought before the Court by issuing and serving upon the offender a summons in the Form 30.3 Schedule B.

• (3) A summons issued under this rule shall be served upon the offender by a member of the Garda Síochána at least seven days before the date fixed for the hearing of the summons.

Applications by an offender

4. (1) An application under section 9, 10 (1) or 11 (1) of the Act, when made by an offender, shall be brought before the Court by issuing and serving upon the relevant officer a notice of application in the Form 30.4 Schedule B.

• (2) Such notice shall be served by giving, or sending by ordinary prepaid post, to the relevant officer a copy thereof at least seven days before the date fixed for the hearing of the application.

Lodgment with the Clerk

5. The original of every summons and every notice of application served under this Order shall be lodged with the Clerk at least four days before the date fixed for the hearing thereof.

Order on change of residence by offender

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

Clerk to send copies of orders

7. (1) Where the Court makes a community service order and the Judge so making is not the Judge assigned to the district of residence, the Clerk shall forthwith send a certified copy of the order by ordinary post to the latter Judge.

• (2) Where the Court makes, or amends under section 10 (1) of the Act, a community service order, the Clerk shall forthwith give, or send by ordinary post, two certified copies of the order or of the order as so amended, to the relevant officer specified therein.

Warrant of execution under section 8 (1) (a)

8. Where the Court orders, pursuant to section 8 (1) (a) of the Act, that the offender be imprisoned or detained the warrant shall be in the Form 30.6 Schedule B.

ORDER 31

PROCEEDINGS UNDER

— CRIMINAL JUSTICE ACT, 1984

— CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

Definitions

1. In this Order—

"the Act of 1984" means the Criminal Justice Act, 1984 (No. 22 of 1984);

"the Act of 1990" means the Criminal Justice (Forensic Evidence) Act, 1990 (No. 34 of 1990).

Application for preservation of photograph or print

2. (1) An application under section 8 (7) of the Act of 1984 for an order for the preservation of a photograph or a print shall be brought before the Court by the issue and service of a notice in the Form 31.1, Schedule B.

• (2) Such notice shall be served upon the person who had been detained at least seven days before the date fixed for hearing the application, and shall be served by a member of the Garda Síochána in accordance with the relevant provisions of Order 10 of these Rules.

• (3) When service has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Order of the Court

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

Application for order to arrest

4. An application under section 10 of the Act of 1984 for an Order to arrest shall be made by the information on oath and in writing, in the Form 31.3, Schedule B, of a member of the Garda Síochána not below the rank of superintendent.

Order to arrest

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

Application for retention of records and samples

6. (1) An application under paragraph (5) of section 4 of the Act of 1990 for an order for the retention of records and samples to which that section applies may be brought before the Court by the issue and service of a notice in the Form 31.5, Schedule B.

• (2) Such notice shall be served upon the respondent, i.e. the person from whom the sample was taken or, as the case may be, the Director of Public Prosecutions, at least seven days before the date fixed for hearing the application.

• (3) Where the application is being made by or on behalf of the Director of Public Prosecutions service of the notice shall be effected by a member of the Garda Síochána in accordance with the relevant provisions of Order 10 of these Rules. In all other cases service may be effected in accordance with the provisions of that Order or, in case of urgency, by ordinary post.

• (4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Order of the Court

7. The order of the Court granting the application shall be in the Form 31.6, Schedule B.

ORDER 31A

PROCEEDINGS UNDER THE POLICE (PROPERTY) ACT, 1897

Definition

1. In this Order—

"the Act" means the Police (Property) Act, 1897 (60 and 61 Vict. c.30).

Application for order for disposal of property

2. (1) An application pursuant to section 1 of the Act for an order for the disposal of property which has come into the possession of the Garda Síochána may be made at any sitting of the Court for the court district wherein the property is located or wherein the claimant of the property resides at the time of the application.

• (2) Such application shall be preceded by the issue and service of a notice in the Form 31A.1, Schedule B, and

( a ) where the applicant is a member of the Garda Síochána, the notice shall be served upon each known claimant of the property by a member of the Garda Síochána in accordance with the relevant provisions of Order 10 of these Rules;

( b ) where the applicant is a claimant of the property and such property has come into the possession of the Garda Síochána in connection with a criminal charge, the notice shall be served upon the member of the Garda Síochána who prosecuted that charge or, if such member cannot be ascertained, and in all other cases where the applicant is a claimant of the property, the notice shall be served upon the superintendent of the Garda Síochána for the district wherein the property is located. Service under this sub-paragraph may be effected either by registered prepaid post or by giving to, or leaving at the Garda Síochána station for, such member or superintendent a copy of the notice. Such claimant shall also serve the notice by registered prepaid post upon any other known claimant of the property.

• (3) Where service is being effected by registered prepaid post the notice shall be served at least twenty-one days prior to the date fixed for hearing the application. In all other cases the notice shall be served at least seven days prior to that date.

• (4) In all cases, when service has been effected the original notice, together with statutory declaration as to the service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the date of hearing.

• (5) Where, in an application to which this Order relates, the applicant member of the Garda Síochána cannot ascertain either the owner or any claimant of the property, such application may be made ex parte upon prior lodgment of the notice with the Clerk.

Order of the Court

3. The order of the Court granting the application shall be in the Form 31A.2, Schedule B.

ORDER 32

MISUSE OF DRUGS

Definitions

1. In this Order—

"the Act" means the Misuse of Drugs Act, 1977 (No. 12 of 1977) as amended by the Misuse of Drugs Act, 1984 ) (No. 18 of 1984);

"offender" means a person convicted of an offence to which section 28 (1) of the Act applies.

Search Warrant

2. (1) An application under section 26 of the Act for a search warrant shall be made by the sworn information (in the Form 32.1 Schedule B) of a member of the Garda Síochána. Such information may be sworn before a Judge of the District Court in whose district the relevant premises or land is situate, or before a Peace Commissioner acting for that district.

• (2) A search warrant issued under that section shall be in the Form 32. 2 Schedule B.

Recognisance

3. Where the Court, having convicted a person of an offence to which section 28 (1) of the Act applies, permits the offender to enter into a recognisance under section 28 (2) (a) of the Act, such recognisance shall be in the Form 32.3 Schedule B.

Breach of recognisance

4. (1) An allegation under section 28 (5) of the Act that an offender has been in breach of a recognisance shall be made by information in the Form 32.4 Schedule B which may be sworn at any sitting of the Court for the court area wherein the recognisance is deposited.

• (2) Having considered such information, the Court may, by issuing a warrant in the Form 32.5 Schedule B, direct that the offender be brought before the Court or, if it thinks fit, instead of issuing a warrant in the first instance, may issue a summons in the Form 32.6, Schedule B commanding his or her appearance at a specified sitting of the Court to answer the complaint in the information. The Court may also, if it thinks fit, by the same form of summons (with suitable modifications), command the offender's surety or sureties, if any, to appear at the said sitting.

• (3) When an offender is arrested pursuant to a warrant issued under this rule he or she may, if not brought forthwith before a sitting of the Court for the district in which the warrant was issued, be brought before a sitting of the Court for the district wherein the offender was arrested and he or she may then be remanded in custody or on bail to appear before a sitting of the Court for the first-mentioned district, provided that any such offender shall not be remanded in custody for a period exceeding eight days.

Application to bring offender before Court for inquiry under section 28 (7)

5. (1) An application under section 28 (6) of the Act to have an offender brought before the Court may be made ex parte at any sitting of the Court for the district wherein the order under section 28 (2) of the Act was made, on giving prior notice in the Form 32.7, Schedule B, to the Clerk.

• (2) Where the Court grants the application, or on receipt of a message mentioned in section 28 (6) of the Act, the Court shall fix a date, time and place for hearing an inquiry into the case by the Court under section 28 (7) of the Act and, by warrant in the Form 32.8 Schedule B, order the person in charge of the custodial treatment centre wherein the offender is detained to have the offender brought before the Court for the said hearing.

• (3) The applicant for the order shall then give or send a notification in the Form 32.9, Schedule B to the prosecutor, the offender, the person in charge of the said centre, as appropriate, and shall lodge a copy thereof with the Clerk.

Forfeiture order

6. A forfeiture order granted by the Court under section 30 of the Act shall be in the Form 32.10 Schedule B.

ORDER 33

COMPENSATION ORDERS

Interpretation

1. In this Order—

"the Act" means the Criminal Justice Act, 1993 (No. 6 of 1993);

"compensation order" has the meaning assigned to it by section 6 of the Act;

references to a convicted person include, in cases to which section 99 of the Children Act, 1908 applies, references to that person's parent or guardian;

references to a conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907 .

Compensation order — form of

2. (1) Where, on conviction of a person of an offence, the Court makes a compensation order under section 6 (1) of the Act ordering that person or, as the case may be, that person's parent or guardian, to pay compensation in respect of personal injury or loss to an injured party, such compensation order shall be in the Form 33.1, 33.2, 33.3 or 33.4, Schedule B, as appropriate.

— service of

• (2) The Clerk shall give, or send by prepaid registered post, to the convicted person {or, as the case may be, that person's parent or guardian) and to the injured party a certified copy of the said order and shall retain the original order and the certificates of posting in his or her custody.

— suspension of operation of

• (3) The operation of a compensation order shall, in accordance with the provisions of section 8 (1) of the Act, be suspended—

( a ) in any case, until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence) has expired, that is to say, until the expiration of fourteen days from the date of conviction or sentence, and

( b ) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired.

• (4) Where notice of an appeal against a compensation order made by the District Court is duly given, the operation of the order shall be suspended in accordance with the provisions of section 8 (1) (b) of the Act.

— when not to take effect

• (5) In a case where the operation of a compensation order is suspended under the said section 8 (1) (b), the order shall not take effect if the conviction concerned is reversed on appeal.

• (6) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his or her sentence, the order shall cease to have effect if that person successfully appeals against his or her conviction of the offence, or, if more than one, all the offences of which that person was convicted in the proceedings in which the order was made.

Application by convicted person under sec. 6 (8) (a) — venue for

3. (1) An application under section 6 (8) (a) of the Act by a convicted person against whom a compensation order has been made for an order reducing the amount remaining to be paid, varying any instalment payable, or directing that no payments or further payments be made under the order, may be made at any sitting of the Court for the court district wherein the compensation order was made.

— service and lodgment of notice of

• (2) Such application shall be preceded by the issue and service of a notice in the Form 33.5 or 33.6, Schedule B, as appropriate, upon the injured party by prepaid registered post at least twenty-one days prior to the date fixed for hearing the application. When service has been effected, the original notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least seven days prior to the said date for hearing.

Order of the Court

• (3) The order of the Court on hearing the application shall be in the Form 33.7 or 33.8, Schedule B, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said order.

Application by injured party under sec. 6 (8) (b) — venue for

4. (1) An application under section 6 (8) (b) of the Act by an injured party for an order increasing the amount to be paid, the amount of any instalment or the number of instalments payable, under a compensation order may be made at any sitting of the Court for the court district wherein the compensation order was made.

— service and lodgment of notice of

• (2) Such application shall be preceded by the issue and service of a notice in the Form 33.9 or 33.10, Schedule B, as appropriate, upon the convicted person (or, as the case may be, that person's parent or guardian) by prepaid registered post at least twenty-one days prior to the date fixed for hearing the application. When service has been effected, the original notice together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days prior to the said date for hearing.

Order of the Court

• (3) The order of the Court on hearing the application shall be in the Form 33.11 or 33.12, Schedule B, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said Order.

Clerk to — register the order, notify convicted person of where and when payments may be made

5. (1) Whenever a compensation order or an order under section 6 (8) of the Act is made by the District Court, or whenever notification of the making of such an order by another court is received by the District Court clerk specified in the order, such clerk shall register particulars of the order and shall notify by prepaid ordinary post the convicted person concerned (or, as the case may be, that person's parent or guardian) of the hours and days during which, and the place at which, payments under the order may be made.

— give receipt for and transmit payments

• (2) Such clerk shall give a receipt for every payment made to him or her under the order and shall transmit the payments to the injured party concerned.

Enforcement of Orders

6. Where, for the purpose of securing compliance with a compensation order or an order under section 6 (8) of the Act, application is made to the Court

— for an attachment of earnings order, or

— under section 8 of the Enforcement of Court Orders Act, 1940 ,

the relevant provisions of Order 56 (relating to attachment of earnings) and Order 57 (relating to proceedings under the said section 8) of these Rules shall, with any necessary modifications, apply, and the relevant forms prescribed therein, suitably adapted, may be used.

In every such case, references in those orders and forms

—to the maintenance creditor shall be construed as references to the injured party, and

—to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908 applies, to that person's parent or guardian.

Form of court order under sec. 9 (ii)

7. Where the amount paid under a compensation order exceeds the damages as assessed by the Court in civil proceedings brought in respect of the injury or loss concerned and the Court makes an order in those proceedings in accordance with the provisions of paragraph (ii) of section 9 of the Act that the amount of the excess be repaid to the person against whom the compensation order was made, the order of the Court in such case shall be in the Form 33.13, Schedule B.

ORDER 34

MISCELLANEOUS SEARCH WARRANTS

Warrant — under the Larceny Act, 1916 (6 & 7 Geo. 5 C.H. 50)

Application for, — venue

1. (1) An application by a member of the Garda Síochána to a Judge of the District Court for the grant of a warrant pursuant to section 42 (1) of the Larceny Act, 1916 may be made at any sitting of the Court for the court district wherein the property is located.

— by sworn information

• (2) Such application shall be by the information on oath and in writing in the Form 34. 1, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

Form of warrant

• (3) A warrant to search for and seize the property, which is granted on foot of such information, shall be in the Form 34.2, Schedule B.

— under the National Monuments (Amendment) Act, 1987

No. 17 of 1987

Application for, — venue

2. (1) An application for the issue of a search warrant pursuant to section 22 of the National Monuments (Amendment) Act, 1987 in relation to a place described in that section may be made at any sitting of the Court for the court district wherein such place is located.

— by sworn information

• (2) Such application shall be by the information on oath and in writing in the Form 34.3, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

Form of warrant

• (3) A search warrant issued on foot of such information shall be in the Form 34.4, Schedule B.

— under the Prohibition of Incitement to Hatred Act, 1989

(No. 19 of 1989)

Application for, — venue

3. (1) An Application to a Judge of the District Court for the issue of a warrant pursuant to section 9 of the Prohibition of Incitement to Hatred Act, 1989 may, subject to the provisions of section 9 (3) of that Act, be made at any sitting of the Court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

— by sworn informmation

• (2) Such application shall be by the information on oath and in writing in the Form 34.5 or 34.6, Schedule B, as appropriate, of a member of the Garda Síochána not below the rank of sergeant.

Forms of warrant

• (3) A warrant issued on foot of such information shall be in the Form Forms of warrant 34.7 or 34.8 Schedule B, as appropriate.

Warrant — under the Video Recordings Act, 1989 (No. 22 of 1989)

Application for, — venue

4. (1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 25 of the Video Recordings Act, 1989 may be made at any sitting of the Court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

— by sworn information

• (2) Such application shall be by the information on oath and in writing in the Form 34.9, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

• (3) A warrant issued on foot of such information shall be in the Form 34.10, Schedule B.

— under the Firearms and Offensive Weapons Act, 1990

(No. 12 of 1990)

Application for, — venue

5. (1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 15 of the Firearms and Offensive Weapons Act, 1990 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

— by sworn information

• (2) Such application shall be by the information on oath and in writing in the Form 34.11, Schedule B, of the member of the Garda Síochana seeking the issue of the warrant.

Form of warrant

• (3) A search warrant issued on foot of such information shall be in the Form 34.12, Schedule B.

— under the Broadcasting Act, 1990 (No. 24 of 1990)

Application for, — venue

6. (1) An application for the grant of a search warrant pursuant to section 14 of the Broadcasting Act, 1990 may be made at any sitting of the Court for the court district wherein the place in respect of which the warrant is sought is situated.

— by sworn information

• (2) Such application shall be by the information on oath and in writing in the Form 34.13, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

Form of warrant

• (3) A warrant granted to the applicant on foot of such information shall be in the Form 34.14, Schedule B.

— under the Companies Act, 1990 (No. 33 of 1990)

Application for, — venue

7. (1) An application for the issue of a warrant pursuant to section 20 (1) of the Companies Act, 1990 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

— by sworn information

• (2) Such application shall be by the information on oath and in writing in the Form 34. 15, Schedule B, laid by an officer authorised by the Minister for Industry and Commerce or laid under the authority of the said Minister.

Form of warrant

• (3) A warrant issued to a member of the Garda Síochana on foot of such information shall be in the Form 34.16, Schedule B, and shall continue in force until the end of the period of one month after the date on which it is issued.

— under the Criminal Damage Act, 1991 (No. 31 of 1991)

Application for,

8. (1) An application by a member of the Garda Síochána for a search warrant under section 13 of the Criminal Damage Act, 1991 shall be by information on oath and in writing in the Form 34.17, Schedule B and may be made to the Judge of the District Court for the court district wherein the premises in respect of which the warrant is sought are situated.

Form of warrant

• (2) A search warrant issued under section 13 (2) of that Act by the Judge on foot of such information shall be in the Form 34.18, Schedule B or, where the property concerned is data or where the warrant is issued on a ground referred to in section 13 (1) (c) of the Act, Form 34.19, Schedule B.

— under the Criminal Law (Sexual Offences) Act, 1993 (No. 20 of 1993)

Application for,

9. (1) Where the issue of a warrant pursuant to Section 10 (2) of the Criminal Law (Sexual Offences) Act, 1993 to search a premises and arrest a person is sought, application therefor may be made at any sitting of the Court for the court district wherein the premises are situated.

— by sworn information

• (2) Such application shall be by the information on oath and in writing, in the Form 34.20, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

• (3) A warrant issued by a Judge to a member of the Garda Síochána on foot of such information shall be in the Form 34.21 Schedule B.

— under the Criminal Law Amendment Act, 1935 (No. 6 of 1935)

Application for,

10. (1) Where the issue of a search warrant pursuant to section 19 of the Criminal Law Amendment Act, 1935 in respect of premises suspected to be a brothel is sought, application therefor may be made at any sitting of the Court for the district court area wherein the premises concerned are situated.

— by sworn information

• (2) Such application shall be by the information on oath and in writing, in the Form 34.22, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of Warrant

• (3) A search warrant issued by a Judge of the District Court on foot of such information shall be in the Form 34.23, Schedule B.

ORDER 35

CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS

• (2) Any person having a bona fide interest in the matter may, upon payment of the prescribed fee (if any), obtain from the Clerk a copy of the order (in the Form 35.1, 35.2, 35.3 or 35.4, Schedule B, as appropriate) certified by the Clerk in accordance with the provisions of rule 4 of this Order.

ORDER 36

COSTS AND WITNESSES' EXPENSES

Costs in summary cases

1. Where the Court makes an order in any case of summary jurisdiction (including an order to "strike out" for want of jurisdiction) it shall have power to order any party to the proceedings other than the Director of Public Prosecutions, or a member of the Garda Síochána acting in discharge of his or her duties as a police officer, to pay to the other party such costs and witnesses' expenses as it shall think fit to award.

Costs of adjournment

2. On the adjournment of any proceedings the Court may order that a party shall pay any costs and witnesses' expenses incurred on such adjournment independently of any order otherwise made in the case.

Expenses, manner payable

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

Enforcement of order

4. Where there is no provision in these Rules for the enforcement of an order awarding costs or witnesses' expenses, such costs or expenses may be recovered by warrant of distress.

ORDER 37

PROCEEDINGS INVOLVING CHILDREN OR YOUNG PERSONS

ORDER 38

MISCELLANEOUS MATTERS

Power of Court in cases of variance, defects, omissions, no offence disclosed or no appearance

Variance between evidence and complaint

1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

Defects

• (2) Subject to the provisions of paragraph (3) hereof, no objection shall be taken or allowed on the ground of a defect in substance or in form or an omission in the summons, warrant or other document by which the proceedings were originated, or of any variance between any such document and the evidence adduced on the part of the prosecutor at the hearing of the case in summary proceedings or at the examination of the witnesses during the preliminary examination of an indictable offence, but the Court may amend any such summons, warrant or other document, or proceed in the matter as though no such defect, omission or variance had existed.

Court's discretion

• (3) Provided, however, that if in the opinion of the Court the variance, defect or omission is one which had misled or prejudiced the accused or which might affect the merits of the case, it may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as the Court thinks fit; or if it makes such amendment, it may upon such terms as it thinks fit adjourn the proceedings to any future day at the same or at any other place.

No offence disclosed or no appearance

• (4) Where the Court is of opinion that the complaint before it discloses no offence at law, or if neither prosecutor nor accused appears, it may if it thinks fit strike out the complaint with or without awarding costs.

Order to inspect and copy entries in Banker's Books

Application for, — venue

2. (1) An application by a party to proceedings before the Court for an order under section 7 of the Bankers' Books Evidence Act, 1879 (42 & 43 Vict. CH. 11) authorising that party to inspect and take copies of entries in a banker's books for any purposes of such proceedings may be made at any sitting of the Court for the Court district wherein the proceedings have been brought.

— notice of

• (2) Such application shall be preceded by the issue of a notice in the Form 38.1, Schedule B, which shall be lodged with the Clerk prior to the making of the application.

Order of the Court.

• (3) The order of the Court granting the application shall be in the Form 38.2, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant bank three clear days before the order is to be obeyed.Service may be effected be delivering a copy of the order to the office of the bank wherein the relevant records are kept.

Notice to Coroner of result of proceedings

3. At the conclusion of criminal proceedings in the District Court in relation to the death of a person the Clerk shall, pursuant to section 25 (3) of the Coroners Act, 1962 (No. 9 of 1962), inform (in the Form 38.3, Schedule B) the coroner holding an inquest in relation to the death of the result of the proceedings.

PART III CIVIL PROCEEDINGS

ORDER 39

COMMENCEMENT OF PROCEEDINGS

Venue

1. Save where otherwise provided by statute or by Rules of Court and subject to order 62 of these Rules and the Conventions to which it relates, civil proceedings in the District Court shall be brought, heard and determined at sittings of the Court for the transaction of civil business for the district court area—

( a ) wherein the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation, or

at the election of the plaintiff

( b ) in proceedings founded on contract, (except proceedings arising from an agreement under the Consumer Credit Act, 1995 ) wherein the contract is alleged to have been made, or

( c ) in proceedings founded on tort, wherein the tort is alleged to have been committed, or

( d ) in ejectment proceedings, wherein the lands the subject of such proceedings are situate.

Issue of civil summons

2. Civil proceedings in the Court shall, unless otherwise provided by statute or by Rules of Court, be instituted by the issue for service upon each defendant named therein of a civil summons in one of the Forms Nos. 39.1 to 39.9, Schedule C, as appropriate.

Description of parties

3. Subject to the provisions of rule 9 hereof, a civil summons, a decree and a dismiss shall state—

( a ) the surname, first name, the residence or place of business and the occupation of the plaintiff, and

( b ) the surname, first name (if known), the residence or place of business and the occupation of each defendant and, if a defendant is sued in a representative capacity, the capacity in which he or she is sued.

It shall be sufficient to describe corporate bodies by the proper and respective titles in which they are entitled to sue or be sued without inserting any description or place of residence or place of business.

Where the Attorney General or any Minister of the Government or any Minister of State shall be a party to any proceedings on behalf of the State it shall not be necessary to set forth his or her description or residence or place of business.

Contents of civil summons

4. — the claim

• (1) Subject to the provisions of Order 40 of these Rules, a civil summons shall set out concisely the nature of the plaintiff's claim and the grounds therefor.

— the 10-day costs

• (2) A civil summons shall show on its face the appropriate costs as set out in the schedule of costs for the time being in force and payable if the plaintiff's claim is paid within ten days after the date of the service of the civil summons upon the defendant.

— return date

• (3) There shall be specified in every civil summons issued for service the place, date and time of sitting of the Court to which such summons has been made returnable.

— defence

• (4) A civil summons shall contain two detachable notices of intention to defend and such summons shall set out—

( a ) the steps to be taken by a defendant who disputes the claim and wishes to defend the proceedings,

( b ) the fact that if the defendant pays the amount claimed and costs within ten days after the date of the service of the civil summons, all further proceedings will be stayed,

( c ) the steps to be taken by a defendant who admits the claim and desires further time for payment,

and, in appropriate cases,

( d ) the consequences which may follow if the defendant fails to act in accordance with provision (a), (b) or (c) hereof.

— signature and date of issue

• (5) A civil summons being issued for service shall be dated and signed by the plaintiff in person or by his or her solicitor or firm of solicitors or by some person duly authorised in that behalf by such solicitor or firm of solicitors.

— stamping

• (6) A civil summons shall, before being issued for service, be stamped as prescribed by law and if it is not so stamped the service thereof shall have no effect or validity.

When issued

5. A civil summons shall be deemed to be issued for service when it has been completed, signed, stamped and given or posted to a summons-server or other authorised person together with a copy or copies thereof for service or when a copy thereof has been sent by post to each defendant named therein.

Service and lodgment

6. (1) A civil summons being issued for service under this Order shall be served upon each defendant named therein in a manner prescribed in Order 10 of these Rules at least fourteen days or, where service is being effected by registered post, at least twenty-one days, prior to the date of sitting of the Court to which such summons has been made returnable.

• (2) When service has been effected the original of every such civil summons, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least four days prior to the return date.

Regulation of Court business

7. Where at any time and from time to time, because of the volume of civil business coming before the Court, a Judge considers it necessary so to do in order to ease the pressure of business, such Judge may limit the number of civil summonses (either ordinary or summary judgment or both) returnable to any sitting or sittings of the Court, and while such limitation continues in force every civil summons of a kind to which the limitation applies shall, before being issued for service, be lodged with the Clerk for the insertion of a return date thereon and, where appropriate, for the allocation of a court record number.

Payment in certain cases to stay proceedings

8. If a defendant, before the entry of the civil summons, pays to the plaintiff or to his or her solicitor the amount sued for and the appropriate (ten day) costs as shown on the face of the civil summons or if the defendant so pays the said amount and costs within ten days after the date of service of the civil summons upon the defendant although that summons may have already been entered, all further proceedings in the matter shall be stayed.

Partners

9. (1) Two or more persons claiming or being liable as partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were partners at the time the cause of action accrued, and any party to an action may in such case apply by notice of motion to the Court for an order directing the persons who appear to be partners or the persons carrying on the business to furnish the names, descriptions and places of residence of the persons who were, at the time of the accrual of the cause of action, partners in any such firm in such manner and verified on oath or otherwise as the Court may direct.

Disclosure of names of claimant partners

• (2) When a civil summons is issued by partners in the name of their firm the plaintiffs or their solicitors shall, on demand in writing made by or on behalf of any defendant, forthwith declare in writing the names, descriptions and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitors shall fail to comply with such demand all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Court may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the civil summons, but all proceedings shall nevertheless continue in the name of the firm.

Suing by trade name

• (3) Any person carrying on business within the jurisdiction in a name or style other than his or her own name which is not registered pursuant to the provisions of the Registration of Business Names Act, 1963 , may be sued in such name or style; and the plaintiff in such case may apply by notice of motion to the Court for an order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified on oath or otherwise as the Court may direct.

One person as a party on behalf of several

10. Where several persons have the same interest in one action or matter, one or more of such persons may sue or be sued or may be authorised by the Court to defend such action or matter on behalf of or for the benefit of all persons so interested.

Actions by or against minors or others under disability

11. Procedures in relation to, and certain forms for use in, actions brought by or against minors or other persons under disability are prescribed in Order 7 of these Rules.

No cause of action to be split or divided

12. No cause of action in the whole amounting to a sum beyond such sum as may be recoverable in the Court shall be split or divided so as to be made the ground of two or more different proceedings in order to bring such cases within the jurisdiction of the Court, and if the Court shall find that the plaintiff in such cases shall have split a cause of action as aforesaid it shall dismiss every such proceeding with costs, without prejudice, however, to the plaintiff's right to sue upon such cause of action in any other court and in such manner as he or she may lawfully do. Where a plaintiff shall be satisfied to recover such sum as is within the jurisdiction of the Court and shall state upon the face of the civil summons that he or she abandons all claim to any larger amount, the Court may, if such plaintiff shall satisfactorily prove the claim, make a decree for the said sum which is within its jurisdiction, and the same shall be in full discharge of the whole amount claimed in the civil summons.

Definitions

13. In this Order—

"the Act of 1924" means the Courts of Justice Act, 1924 (No. 10 of 1924);

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

Consent proceedings

14. (1) Where proceedings of the kind mentioned in paragraph A of section 77 of the Act of 1924 are brought before the District Court and the amount claimed in such proceedings is in excess of £5,000 and, pursuant to the proviso (inserted by section 4 (c) of the Act of 1991) at the end of the said paragraph A, the necessary parties to the proceedings sign a form of consent either before or at any time during the hearing, such consent shall be in the Form 39.10, Schedule C. When completed, the form shall be attached to and lodged together with the original civil summons or other originating document or, as appropriate, shall be produced to the Court during the hearing. Every form of consent so lodged or produced shall be retained by the Clerk with the original civil summons or other originating document and shall be noted on the court record and on any court order or copy thereof issued in relation to the proceedings.

• (2) Costs, where allowed in any such proceedings, shall be in accordance with the provisions of item No. 10 in the Schedule of Costs annexed to these Rules or any similar provisions for the time being in force.

Actions transferred from the High Court or Circuit Court

15. (1) Where an action is remitted or transferred to the District Court by the High Court under section 25 of the Act of 1924 or by the Circuit Court under section 15 of the Act of 1991, the plaintiff shall, within the period of fourteen days from the date of the order for remittal or transfer, lodge with the Clerk a certified copy of such order together with the summons or other originating document (or a copy thereof) and copies of all documents already delivered and orders made in the action. Where the plaintiff omits or refuses to lodge those documents within that period, the defendant may do so at any time after the expiration of the said fourteen days. The party lodging the documents shall give notice to the other party or parties in the proceedings of such lodgment.

• (2) Upon receipt of the documents the Clerk shall enter and list the action for hearing and notify the parties of the place, date and time fixed therefor. The action shall then be heard and determined by the Court as if it had originally been commenced therein. A note of the remittal or transfer shall be entered on the court record and on any court order or copy thereof issued in relation to the action.

• (3) Costs, where allowed in any such action, shall be in accordance with the provisions of item No. 11 in the Schedule of Costs annexed to these Rules or any similar provisions for the time being in force.

ORDER 40

PARTICULARS TO BE GIVEN IN CERTAIN CIVIL SUMMONSES, ETC.

Consumer Credit Act 1995

1. A civil summons in proceedings brought in pursuance of the Consumer Credit Act, 1995 shall contain a statement that the appropriate provisions of the Act have been complied within respect of the transaction.

2. In proceedings instituted under the jurisdiction conferred by section 53 of the Courts of Justice Act, 1936 (No. 48 of 1936) as modified by section 33 (3) of the Courts (Supplemental Provisions) Act, 1961 , in which the proceedings are not brought before the Judge within whose district the defendant ordinarily resides or carries on any business, profession or occupation, the civil summons and the decree or dismiss shall state the place in which the contract is alleged to have been made or in which the tort is alleged to have committed or, in ejectment proceedings, the place where the lands the subject of the proceedings are situate.