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

Further particulars may be ordered

3. Further and better particulars of any matter, may in all cases in which particulars are required, be ordered by the Judge upon such terms as to costs and otherwise, as may be just, and the Judge may, in case of failure to comply with such order, or where particulars have not been furnished, adjourn or dismiss the case upon such terms as to costs and otherwise as may be just.

ORDER 41

DEFENCE, LODGMENT AND COUNTERCLAIM

Notice of intention to defend

1. A defendant who intends to defend a civil summons shall give, or send by post, to the plaintiff or solicitor for the plaintiff notice of such intention, in the Form 41.1, Schedule C, not later than four days before the date of sitting of the Court to which the civil summons is returnable, and shall at the same time lodge with the Clerk a copy of such notice.

Lodgment in satisfaction

2. (1) Together with the notice of intention to defend, a defendant may lodge in court a sum of money which he or she alleges is sufficient to satisfy the plaintiff's claim, whether with or without an acknowledgement of liability, and thereupon shall notify the plaintiff or solicitor for the plaintiff of such lodgment. No lodgment of money under this rule shall be made later than the time prescribed in rule 1 hereof save by leave of the Court.

— by separate document

• (2) A defendant making a lodgment under paragraph (1) hereof may, at his or her option, intimate such fact by a document other than and in addition to the notice of intention to defend and, in that event, such document shall be in accordance with Form 41.2, Schedule C, which shall be served upon the plaintiff. The original of the document shall be lodged with the Clerk who shall keep it in a separate file and neither the Clerk nor any other person shall disclose the fact of such lodgment to the Judge until he or she shall have decided all issues between the parties.

— acceptance of

• (3) The plaintiff may at any time before the day fixed for the hearing accept the amount so lodged, and thereupon the said amount may be paid to him or her without the necessity of any formal decree or order by the Judge, upon the plaintiff lodging with the Clerk a signed notice of acceptance of the amount lodged in respect thereof in full satisfaction of the claim, save as to costs; such costs, in default of agreement, to be measured by the Judge.

where the plaintiff is under legal disability

• (4) Notwithstanding paragraph (3) hereof and subject to the provisions of section 63 of the Civil Liability Act, 1961 (No. 41 of 1961), where the plaintiff is under legal disability, then, together with the notice of acceptance of the amount lodged there shall be served upon the defendant a notice of motion to have such acceptance approved by the Court, and thereafter no further proceedings in the action shall be taken except by leave of the Court. On the hearing of the motion the plaintiff may be declared entitled to such costs as the Court may consider just, whether or not the acceptance is approved by the Court.

liability for costs where lodgment is not accepted

• (5) Where the plaintiff does not accept the amount lodged within the time specified in paragraph (3) hereof, he or she shall be liable for all costs incurred subsequent to the lodgment in respect of the action or claim unless the Judge decides that the amount due in respect of the claim is greater than the amount lodged in respect thereof.

— where amount decreed does not exceed amount lodged.

— disposal of amount lodged.

• (6) Where a Judge decides that the amount to which a plaintiff is entitled in respect of the claim is not in excess of the amount so lodged, he or she shall give judgment for the plaintiff for the amount which the judge finds to be due, but shall award to the defendant the costs incurred in respect of the action or claim subsequent to the lodgment and such order may be made as to the disposal of the amount lodged in court as the judge may think fit.

Defence of tender

3. Where the defence is a tender before action brought, such defence shall not be available unless, together with the notice of intention to defend, the defendant, lodges with the Clerk the amount alleged to have been tendered and gives notice thereof to the plaintiff or solicitor for the plaintiff.

Late entry

4. Except where all parties are agreed, no notice of intention to defend shall be lodged after the time specified in these Rules without the leave of the Court.

Counterclaim

5. (1) A defendant in any action may set-off, by way of defence, any debt or liquidated money demand, or may set up, by way of counterclaim, any claim for any debt, demand or damages, whether liquidated or unliquidated, for which the plaintiff is alleged to be liable.

— notice of

• (2) A defendant who wishes to counterclaim under paragraph (1) hereof shall give, or send by ordinary post, to the plaintiff or solicitor for the plaintiff a notice in the Form 41.3, Schedule C, setting out particulars of the counterclaim. Such notice shall be so given or sent as soon as possible after the service upon the defendant of the civil summons, but shall in every case be given to the plaintiff or solicitor (or sent by post so soon as to reach him or her) not later than four days before the date of sitting of the Court to which the civil summons is returnable. A copy of the notice shall at the same time be lodged with the Clerk. Except where the plaintiff agrees to accept shorter notice, no notice of a counterclaim shall be given or sent under this rule later than the time specified herein save by leave of the Court granted under paragraph (3) hereof.

— extension of time for giving notice

• (3) Where a defendant who wishes to counterclaim fails to give or send notice thereof within the time specified in paragraph (2) hereof, such defendant may, upon giving prior notice of the application to the plaintiff or solicitor and to the Clerk, apply to the Court for an extension of the time for giving or sending the notice of counterclaim. The Court may, upon hearing the application, if satisfied that it is in the interests of both parties to do so, extend the said time on such terms and conditions as it thinks proper;

Provided always that the plaintiff shall be given reasonable notice and adequate particulars of the counterclaim in sufficient time to enable him or her to prepare for the hearing.

Counterclaim for amount in excess of jurisdiction

6. No counterclaim shall be maintainable for any amount which is greater than is recoverable by civil summons under the jurisdiction of the Court unless the defendant, before the hearing of the proceedings, consents in writing to accept an amount which is within such jurisdiction in full satisfaction and discharge of the counterclaim.

Lodgment in response to counterclaim

7. A plaintiff may, in response to a counterclaim, lodge in court a sum of money which he or she alleges is sufficient to satisfy the said counterclaim, and the provisions of rule 2 of this Order relating to lodgment shall apply mutatis mutandis in every such case.

Order of the Court

8. The Court may make any decree or dismiss in respect of the original claim and the counterclaim as to it shall seem just and, save where otherwise provided by statute, may make one decree for any balance appearing to be due to either the plaintiff or the defendant.

— costs

The costs of and incidental to a counterclaim to be awarded to either party shall be in the discretion of the Court.

ORDER 42

THIRD PARTY PROCEDURE

Claim against person not already a party

1. Where in any civil proceedings a defendant

( a ) claims against any person not already a party any contribution or indemnity, or

( b ) claims against such person any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) requires that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the plaintiff and the defendant but also as between either or both of them and such person,

such defendant may within ten days of the service upon him or her of the civil summons or notice of application (exclusive of the date of such service) issue and serve upon such person a notice (in this Order called a third party notice (Form 42.1 or 42.2, Schedule C, as the case may be), containing a statement of the nature of the claim against the defendant and the nature and grounds of the defendant's claim against the third party or of the question or issue to be determined.

Copy of summons to be served

2. With the third party notice the defendant shall serve upon such person a copy of the civil summons or notice of application.

Copy to be lodged

3. The defendant shall within the period aforesaid give or send by post to the plaintiff or solicitor for the plaintiff and to the Clerk a copy of the third party notice.

Service

4. The provisions of Order 10 of these Rules relating to the service of documents shall apply to the service of a third party notice.

5. Where a third party notice is served upon the person to whom it is issued such person shall, as from the time of service, be a party (in this Order referred to as a third party) with the same rights as if he or she had been duly sued in the ordinary way by the defendant by whom the notice is issued or by the plaintiff.

Notice of intention to defend

6. Where a third party disputes the claim by the defendant against him or her or the claim by the plaintiff against the defendant such party shall, within ten days of the service of the third party notice, give or send by post to the defendant or solicitor for the defendant and to the Clerk notice of intention to defend (in the Form 42.3 Schedule C), and the provisions of Order 41 (relating to Defence, Lodgment and Counterclaim) of these Rules shall mutatis mutandis apply in such case. The Clerk shall notify (Form 42.4 Schedule C) the third party of the place, date and time of sitting of the Court for the hearing of the claim.

7. Proceedings on a third party notice may at any stage be set aside by the Court.

Where no notice of intention to defend given

8. Where a third party fails to give notice of intention to defend he or she shall be bound by any decree (including a decree by consent) or decision in the proceedings so far as it is relevant to any claim, question or issue stated in the third party notice.

Court may grant decree of dismiss

9. Where in any civil proceedings a defendant has served a third party notice, the Court may at or after the trial, or if the proceedings are decided otherwise than by trial, on an application by motion grant such decree or dismiss to or against any party or parties as the nature of the case may require.

Execution not to issue without leave

10. Where in civil proceedings a decree is granted against a defendant and a decree is granted to that defendant against a third party, execution shall not issue against the third party without the leave of the Court until the decree against the defendant has been satisfied.

Claim against person already a party

11. Where in any civil proceedings a defendant claims against any person already a party

( a ) any contribution or indemnity, or

( b ) any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the plaintiff and the defendant but also as between either or both of them and that person,

the defendant may, within ten days of the service upon him or her of the civil summons or notice of application (exclusive of the date of service) issue and serve upon such person a notice in the prescribed form (Form 42.5 Schedule C) containing a statement of the nature and grounds of the defendant's claim or of the question or issue to be determined. This rule shall not apply to any claim which could be made by counterclaim.

Adjournments

12. The Court may at any time adjourn the proceedings to enable service, lodgment or posting of documents or the giving of notice under this Order to be effected.

ORDER 43

SECURITY FOR COSTS

Application for security

1. A party to proceedings who requires security for costs from another party shall be at liberty to apply by notice to that other party for such security, and where the latter does not undertake by notice to comply therewith the party requiring the security may, when lodging a notice of intention to defend, apply to the Court for such security. On hearing the application the Court may order the plaintiff to lodge in court the costs of a dismiss, or may make such other order as it thinks fit, and, if security for costs is ordered, the security shall be of such amount and be given at such time or times and in such manner and form as the Court shall direct.

If Plaintiff is outside jurisdiction or is a foreign national

2. (1) A defendant shall not be entitled to an order compelling the Plaintiff to give security for costs solely on the ground that the plaintiff resides outside the jurisdiction of the Court unless the defendant shows to the satisfaction of the Court that he or she has a defence upon the merits.

(2)*No order for security for costs shall be made against a party who applies, under the provisions of the 1968 Convention defined in Order 62 of these Rules, for enforcement of a judgment given in another Contracting State, solely on the ground that the plaintiff is a foreign national or that the plaintiff is not domiciled or resident in the State.

*See Article 45 of the 1968 Convention.

ORDER 44

ATTENDANCE OF WITNESSES

Attendance of witness may be procured by summons

1. (1) Any party desiring the attendance of any person to give evidence or to produce any books, papers or documents to the Court may apply for, and the Judge, Clerk or a Peace Commissioner may sign and issue a witness summons (Form 44.1 Schedule C) requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein, and with every such summons there shall also be issued a copy for service upon each person to whom it is directed.

Court may order issue of summons

• (2) In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of same, and on such application the Court may issue or direct the issue of the summons, or otherwise deal with the matter in such manner as to it shall seem just.

Service of summons

• (3) Such summons shall be served, in a manner as provided by Order 10 of these Rules for the service of documents, at least three clear days before the date fixed for the hearing.

Service effective in any part of State

• (4) Such summons may be served in any part of the State and upon service being effected in a manner so prescribed, the witness shall be as effectively bound thereby as if he or she resided within the area of jurisdiction for issuing summonses of the Judge, Clerk or Peace Commissioner.

Reasonable expenses to be paid

• (5) Where it shall appear that the reasonable expenses of the person required to attend as a witness have not been paid or offered to him or her the Court may set aside or disregard the service of the summons.

Procedure on failure to appear

• (6) The Judge hearing the proceedings may proceed as is provided in Order 21 of these Rules for the purpose of procuring the attendance of a person who fails or refuses to attend.

Refusal to give evidence

• (7) The provisions of rule 2 of Order 21, relating to the refusal of a witness to give evidence, shall apply to a witness to whom this Order relates.

ORDER 45

JUDGMENT IN DEFAULT

Definitions

1. In this Order—

"The Act of 1988" means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (No. 3 of 1988).

"the Convention" has the meaning assigned to it in the Act of 1988.

"The Hague Convention" means the Hague Convention of 15th November, 1965 on the Sevice Abroad of Judicial and Extrjudicial Documents in Civil or Commercial Matters.

Where no notice of intention to defend lodged

2. (1) Where the claim in civil proceedings is in respect of a debt or liquidated money demand and the defendant fails to give notice of intention to defend within the time limited by these Rules, the plaintiff may in default of such notice apply for judgment, by lodging with or sending by post to the Clerk:—

( a ) An affidavit of debt (Form 45.1, 45.2, 45.3, 45.4, 45.5 or 45.6 Schedule C as the case may be) verifying the plaintiff's claim and made by the plaintiff or by some person on his or her behalf who can swear positively to the facts;

Statutory certificates

( b ) Where the claim is by a Minister of a Government Department, or the Land Commission, or the Commissioners of Public Works or such other bodies or persons who are by statute so entitled, the same may be verified and the sum then actually due may be proved by any certificate under seal which is by statute made evidence of the matters therein certified instead of by affidavit as is provided in paragraph (a) hereof.

( c ) Where a defendant has executed a consent which has been duly witnessed, an affidavit (Form 45.7 or 45.8 Schedule C) verifying such consent in lieu of an affidavit of debt.

( d ) A completed form of decree (Form 45.9, 45.10, 45.11, 45.12, 45.13, 45.14 or 45.15 Schedule C as the case may be) signed by the plaintiff or solicitor for the Plaintiff.

• (2) The affidavit verifying the plaintiff's claim specified in paragraph (1) (a) or paragraph (1) (c) hereof shall be sworn and the certificate specified in paragraph (1) (b) shall be given within the period of one month next preceding the date of application for judgment, otherwise the same shall not be sufficient.

• (3) Where the plaintiff's request for judgment includes a claim in respect of value-added tax, the affidavit shall contain averments as to whether or not value-added tax is payable by the plaintiff on his or her legal costs, and if payable whether or not the sum so payable is recoverable by the plaintiff from the Revenue Commissioners.

• (4) Subject to the provisions of paragraph (5) hereof, the Judge shall thereupon sign a decree for the amount of the debt then due and the costs thereof (including the amount in respect of any value-added tax payable on such costs where he or she is satisfied that such tax is so payable and is not otherwise recoverable) together with all actual and necessary outlay, if any.

Refusal to enter judgment

— Clerk to notify

• (5) The Judge may in any case refuse to enter judgment and in any such case he or she, shall direct that the case shall be listed for hearing at the first available opportunity, in which event the Clerk shall give to the plaintiff or solicitor for the plaintiff at least seven days notice by ordinary post of the place, date and time of such hearing.

Review of default judgment

3. (1) A party against whom any decree may have been obtained in accordance with the provisions of rule 2 of this Order may apply by notice of motion (Form 45.16 Schedule C) to the Court in the court area in which the decree was obtained for an order to vary or set aside the said decree on the ground that the same was obtained by fraud, misrepresentation, surprise, mistake or other sufficient ground, but service of the notice of motion shall not operate as a stay of proceedings in the action unless the defendant lodges with the Clerk together with the original of the notice of motion the amount for which the decree was made and costs.

Mode and time for service of notice

• (2) Such notice of motion shall be served either personally or by post upon the plaintiff or solicitor for the plaintiff within ten clear days from the date upon which the making of such decree shall have come to the knowledge of the defendant.

• (3) The Court may declare sufficient the service of such notice actually effected.

• (4) Such notice shall be lodged with the Clerk four days at least before the date fixed for the hearing of the motion and shall set forth clearly and briefly the reasons why the party applying did not give notice of intention to defend the civil summons, the nature of the fraud, misrepresentation, surprise, mistake or other sufficient ground relied upon, and setting out the grounds of defence to the action in which the said decree was made.

Power of Court on hearing application

• (5) The Court may, on the hearing of any such motion, grant or refuse the application to vary or set aside the decree upon terms as to costs or otherwise including lodgment with the Clerk of the amount of such decree or any part thereof, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action.

Costs in discretion of Court

• (6) The costs of any such motion, if awarded by the Court, shall be such an amount as the Court may consider reasonable.

Where the Conventions apply

4. Notwithstanding the provisions of this Order, where the proceedings are proceedings to which the Conventions apply and the defendant is domiciled in a Contracting State other than the State

• (1) the civil summons (with any necessary modifications) or, as the case may be, notice thereof in the Form 62.1 Schedule C (with two notices of intention to defend attached thereto) and a certificate in the Form 62.2 Schedule C shall be served on the defendant in accordance with the provisions of the Hague Convention and Order 11 of these Rules.

• (2) The provisions contained in Order 62 rules 4 and 5 of these Rules shall apply to proceedings to which this rule relates.

Where no notice to defend is received

5. (1) If, in the proceedings under Rule 4 hereof, no notice of intention to defend is received by the clerk from the defendant, the Judge shall, in accordance with Rule 2 hereof, direct that he case be listed for hearing in Court and the plaintiff or his solicitor be notified. At the hearing it shall be necessary for the plaintiff to show to the satisfaction of the Court that, to the best of his belief—

Necessary proofs

( a ) each claim made in the civil summons is one which by virtue of the provisions of the Conventions, the Court has jurisdiction to hear and determine,

( b ) no proceedings involving the same cause of action are pending between the parties in another Contracting State,

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

( d ) the defendant has been able to receive the said document or notice in sufficient time to enable him to arrange for his defence, or all necessary steps have been taken to this end, as required by Article 20 of the 1968 Convention.

The Hague Convention

• (2) Where, however the document instituting the proceedings (or notice thereof) had to be transmitted abroad for service in accordance with the Hague Convention, the provisions of paragraphs 1 (c) and 1 (d) of this rule shall not apply. The other paragraphs of this rule shall be subject to rule 6 hereof.

Service of documents

6. (1) Where any document for use in proceedings to which this Order relates is to be served upon a person outside the jurisdiction and the service is to be effected in a State which is a party to the Hague Convention, the provisions (including Articles 8 to 11) of the convention and Order 62 of these Rules shall apply in every such case.

Procedure on non-appearance of defendant

• (2) Where the document instituting the proceedings (or notice thereof) was transmitted abroad for 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 the provisions of Article 15 of that Convention as set out in Order 11 rule 10 of these Rules have been complied with.

• (3) Notwithstanding the provisions of paragraph (2) of this rule, the Court may give judgment even if no certificate of service or delivery as provided by that Convention has been received if all the conditions listed in the said Article 15 and set out in Order 11 rule 10 of these Rules are fulfilled.

Extension of time to appeal

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

ORDER 46

HEARING OF CIVIL PROCEEDINGS

Decree or Dismiss

1. The Court shall have full jurisdiction in all cases to grant a decree or to grant a dismiss either on the merits or without prejudice to the plaintiff's right to proceed by a new civil summons.

Trial of two or more actions together

2. The Court may, if it considers it desirable, order that two or more actions be tried together, and on such terms as to costs as it shall deem just.

Counterclaim as separate action

3. A counterclaim may be proceeded with separately and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed.

Non-appearance of defendant

4. If, when a case is called in court, the plaintiff appears and the defendant does not appear and the Court is satisfied that the civil summons has been served upon the defendant, the plaintiff may prove the claim in so far as the burden of proof lies upon him or her.

Non-appearance of plaintiff

5. If, when a case is called in court, the defendant appears and the plaintiff does not appear and if the defendant has no counterclaim, the Court may in its discretion grant a dismiss. Where the defendant has a counterclaim the Court may then in its discretion allow the defendant to prove such counterclaim in so far as the burden of proof lies upon him or her.

Procedure when previous dismiss without prejudice is produced

6. If, when a case is called in court, the defendant produces a dismiss without prejudice obtained by him or her against the plaintiff for the same cause of action, the plaintiff shall not be at liberty to proceed with the case until he or she has paid to the defendant the amount of such dismiss.

Stay of execution

*7. (1) Whenever judgment shall be given by the Court for payment of any sum of money by way of debt or damages by any person and the Court is satisfied at the time of giving such judgment—

( a ) that such person is unable to discharge by an immediate payment in full the said sum of money and all costs payable by him or her under the said judgment, and

( b ) that such inability is not occasioned by such person's own conduct, act or default, and

( c ) that there is reasonable ground for granting to such person an extension of time in which to pay the said sum of money and costs, the Court may stay the execution of the judgment for such time and upon such conditions as shall appear to the Court to be reasonable.

• Enforcement of Court Orders Act, 1926 , Sect. 21

Instalment decree

• (2) The conditions upon which a stay of execution may be granted may include a condition that the said sum of money and costs shall be paid by such person by such instalments and at such times as the Court may appoint and that upon failure by such person to pay an instalment the stay shall cease. The decree in such cases shall be in accordance with Form 46.1 Schedule C.

Order for recovery of rates, in default distress

8. Where the Court makes an order for the recovery of rates it may direct that the sum be paid either at once or by instalments and that, in default of the said sum being paid at the time and in the manner so directed, the amount not so paid be levied by distress and sale of the goods and by taking the money of the person against whom the said order has been made.

Decree against one defendant and dismiss as to another

9. The Court may at the hearing of any civil summons where there shall be more than one defendant, grant a decree with costs against one or more of such defendants and grant a dismiss as to the other or others of the defendants with or without costs at the discretion of the Court; and where the plaintiff succeeds against one or more of the defendants and fails against the other or others, the Court may order that the defendant or defendants against whom the plaintiff has succeeded shall (in addition to the plaintiffs own costs) pay to the plaintiff by way of recoupment the costs which the plaintiff is liable to pay and pays to the defendant or defendants against whom he or she has failed. The decree in such cases shall be in accordance with Form 46. 2 Schedule C.

Cross decrees may be set off

10. If cross decrees shall be made by the Court between the same parties or there shall be at the same time unexecuted or only partially executed decrees as between the same parties, the Court may, on the application of either party, order that such decrees be set off against each other and, if of unequal amounts, that a decree only upon which the larger sum shall be due be issued or executed as the case may be, and the same shall be issued or executed only for such sum as shall remain due after deducting the sum due upon the other decree.

Decree by consent

11. A defendant, not being represented by solicitor or counsel, who consents to a decree being made against him or her shall sign a consent and such consent shall be proved either in open court or by an affidavit verifying the execution thereof made before a Commissioner for Oaths, and the Court shall then grant a decree in accordance with the terms of the consent.

Forms of decree

12. A decree, save where otherwise provided, shall be in accordance with Form 46.3, 46.4, or 46.5 Schedule C, as the case may be.

Form of dismiss

13. A dismiss, save where otherwise provided, shall be in accordance with Form 46.6 Schedule C.

Lodgment of

14. Where the successful party in civil proceedings (or that party's solicitor) wishes to obtain the decree or dismiss, he or she shall prepare, sign and lodge with the Clerk such decree or dismiss for verification and for signing by the Judge. However, for the purposes of an appeal from the decision of the Court, the decree or dismiss may be so prepared, signed and lodged by any party to the proceedings or by that party's solicitor.

— for appeal

Interest on decrees

15. (1) Where a decree for the recovery of a sum of money is granted and the sum decreed (exclusive of costs and witnesses' expenses) exceeds £150, the decree shall carry interest on the said sum at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act, 1840, until it is satisfied.

• (2) Such interest shall be calculated from the date of the decree unless the Court otherwise directs.

• (3) A decree for the payment of an amount not exceeding £150 shall not carry interest.

ORDER 47

EJECTMENT PROCEEDINGS

Particulars to be given in ejectment civil summons

1. (1) An ejectment civil summons shall specify the names of the landlord or lessor and tenant or tenants, respectively, the nature of the tenancy, the description of the premises and the places wherein the same shall be respectively situated and the rent at which the same shall be then or shall have been last held, and in cases where the proceedings shall be grounded upon the tenancy having determined, the facts of the determination of such tenancy and the means by which the same shall have been determined, and in cases where the proceedings shall be grounded upon the non-payment of rent the civil summons shall specify the amount of the rent due after all fair and just allowances, up to what gale day the same was due, and the appropriate costs as set forth in the Schedule of Costs for the time being in force and payable if the plaintiff's claim is settled before entry.

• (2) A civil summons for the ejectment of tenants at will, permissive occupants, caretakers and servants shall also state the fact of demand for possession having been made by or on behalf of the owner of the said premises and the date of such demand and the fact of the refusal or omission to quit and deliver up possession.

Overholding

2. A civil summons in ejectment for overholding shall be in accordance with Form 47.1 Schedule C.

Permissive occupant

3. A civil summons in ejectment of tenants at will, permissive occupants, caretakers and servants shall be in accordance with Form 47.2 Schedule C.

Non-payment of rent

4. A civil summons in ejectment for non-payment of rent shall be in accordance with Form 47.3 Schedule C.

Service and lodgment

5. (1) An ejectment civil summons shall be served upon all and every persons or person who shall be in actual possession of the premises specified in and claimed by such summons as tenants or sub-tenants. It shall be served in a manner prescribed in Order 10 of these Rules at least fourteen days or, if service is being effected by registered post, at least twenty-one days before the date of sitting of the Court to which such summons is returnable.

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

• (3) Where the immediate tenant of the plaintiff in an ejectment civil summons is not himself or herself in actual possession of the premises, the civil summons shall be served upon such immediate tenant as well as any person upon whom service must be effected under paragraph (1) of this rule.

• (4) Where there is no person in actual possession of the premises, the affixing of a copy of the civil summons upon the door or some other conspicuous part of the premises so claimed shall be deemed to be good and sufficient service of such civil summons, (in lieu of any mode of service already prescribed by these Rules). Where the person last in actual possession of the premises was a sub-tenant, the civil summons shall also be served upon the immediate tenant of the plaintiff, as provided by paragraph (3) of this rule.

Affidavits in ejectment for non-payment of rent

6. In ejectment proceedings for non-payment of rent the plaintiff shall be at liberty to prove the nature and conditions of the tenancy and the amount of rent due by affidavit sworn by the plaintiff or by the agent thereunto authorised and filed with the Clerk, and upon reading such affidavit and if the defendant shall not give notice of intention to defend and appear and give evidence, the Court may make a decree without requiring the attendance of the plaintiff.

Decree overholding

7. A decree in ejectment for overholding shall be in accordance with Form 47.4 Schedule C.

Decree permissive of occupant

8. A decree in ejectment of tenants at will, permissive occupants, caretakers and servants shall be in accordance with Form 47.5 Schedule C.

Decree nonpayment of rent

9. A decree in ejectment for non-payment of rent shall be in accordance with Form 47.6 Schedule C.

Stay of execution

10. Upon giving a decree on foot of any civil summons in ejectment, the Court shall be at liberty to grant such stay of execution on such conditions as it may think reasonable in the circumstances.

Payment or tender in ejectment for non-payment of rent

11. The defendant in any ejectment proceedings for non-payment of rent, or any person having a specific interest in the contract of tenancy, at any time before the decree shall have been delivered to the County Registrar for execution, may pay to the plaintiff all rent and arrears of rent due at the time of the service of the civil summons, and a sum sufficient to cover the plaintiff's costs, or may tender the sameand, in case such tender shall be refused, may deposit the same with the Clerk, who shall give a receipt (Form 47.7 Schedule C) therefor and give notice to the plaintiff of such lodgment. The Court may order that all further proceedings be stayed upon payment to the plaintiff of the money so lodged together with such costs up to the date of tender as the Court may think reasonable; provided that the decision of the Court shall be subject to appeal in like manner as if it were a decree or dismiss on foot of a civil summons in ejectment for non-payment of rent.

Writ of restitution

12. Whenever a decree for possession for non-payment of rent shall have been executed, the Court may award a writ of restitution on the application of the defendant or any other person having a specific interest in the contract of tenancy, and on the payment to the plaintiff or the lodgment with the Clerk of the amount due for rent, arrears of rent and costs within six months after the execution of the decree, in the manner provided by sections 70 and 71 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 .

Form of dismiss

13. An ejectment dismiss shall be in accordance with Form 47.8 Schedule C.

Form of warrant for possession

14. A warrant for possession pursuant to section 86 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 shall be in accordance with Form 47.9 Schedule C.

ORDER 48

EXECUTION OF DECREES AND DISMISSES

Execution by Co. Registrar/Sheriff

1. (1) Decrees for the recovery of money and dismisses shall require all Sheriffs and County Registrars to take in execution the goods of the defendant or of the plaintiff, as appropriate, to satisfy the debt, costs, value-added tax, expenses, interest on the debt, as the case may be.

County Registrar's warrant

• (2) A warrant (Form 48.1 Schedule C) shall be added to each decree and dismiss.

Addressing of warrants

• (3) Such warrants and warrants for the recovery of rates in proceedings brought by summons shall be addressed for execution to the County Registrar for the county in which the court area is situate, or where such court area comprises portion of two or more counties, to the County Registrar of that county comprising the portion of the court area in which the person against whom the decree or dismiss shall have been given resides or carries on any profession, business, or occupation.

May be executed by another County Registrar

2. A warrant addressed to a County Registrar may be executed by another County Registrar if the person against whom the said warrant has been issued has goods within the county for which such other County Registrar acts.

Execution of warrants

3. (1) Where the warrant is for the payment of money and goods are seized under such warrant the person to whom such warrant is addressed may sell by auction the said goods within such period as shall be specially fixed by the warrant or, if no period shall be so fixed, then within five days from the day on which the goods were seized, unless the sum for which the warrant was issued and also the expenses of taking and keeping such goods shall be paid before the goods are sold. Where such goods are sold the surplus, if any, after retaining the amount directed to be levied together with all reasonable expenses actually incurred in auctioning such goods as well as the expense of taking and keeping the same, shall be paid to the person from whom the goods were seized. It shall not be necessary for the person conducting such auction to procure a licence to act as an auctioneer.

Payment to stay execution

• (2) Where the person against whom any such warrant is issued pays or tenders to the person having the execution of the warrant the sum in such warrant mentioned, the person having the execution of such warrant shall refrain from executing the same.

Receipt to be given

• (3) Whenever any money is levied or paid to a court messenger under any warrant he or she shall give a receipt in accordance with Form 48.2 Schedule C for the same.

Decree in force for 12 years

4. (1) A decree or dismiss shall remain in full force and effect for a period of twelve years from the date thereof but such decree or dismiss shall not be executed after the expiration of six years from the date thereof without leave of the Court. An application for such leave shall be made by notice of motion (Form 48.3 Schedule C) which shall be served upon the person sought to be made liable.

Execution where change of parties by death or otherwise

• (2) If, at any time during the said period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties, a party may apply to the Court on notice (Form 48.3 Schedule C) to be served upon the other party to have the decree or dismiss amended accordingly, and the Court, if satisfied that the party so applying is entitled to execution, may make any order to that effect and may make any amendment required to give effect to such order and may impose such terms as to costs or otherwise as to it appear just.

ORDER 49

INTERPLEADER

Notice of Claim

1. A claim to or in respect of any goods or chattels not exceeding £5,000 in value taken in execution or intended execution by a County Registrar shall be in writing (Form 49.1 Schedule C) and shall contain the full name and description of the claimant and an address within the State at which service will be accepted by or on behalf of the claimant.

2. Upon receipt of any such claim, the County Registrar shall forthwith send notice (Form 49.2 Schedule C) of such claim to the party claiming execution or to his or her solicitor.

Notice of admission or denial of claim

3. Within two days after receiving the notice aforesaid the party claiming execution shall give notice (Form 49.3 Schedule C) to the County Registrar as to whether he or she disputes or admits the title of the claimant to the goods or chattels or requests the County Registrar to withdraw from possession.

Deposit by claimant

4. If within the said period of two days the party claiming execution does not admit the title of the claimant or does not request the County Registrar to withdraw from possession, the County Registrar shall forthwith send notice (Form 49.4 Schedule C) to the claimant, requiring him or her within two days of the service of such notice to deposit with the County Registrar the amount for which the warrant of execution was issued or, if the value of the goods or chattels seized is less than the amount set out in the warrant of execution, the value of such goods or chattels, and giving the claimant notice that in default of his or her making such deposit an application will be made, after service of an interpleader civil summons, to the Court for an order for sale.

Procedure on deposit being made

5. Where the claimant deposits with the County Registrar the amount for which the warrant of execution was issued or, in the event of the value of the goods or chattels as determined by the County Registrar or by a valuer appointed by the County Registrar, being less than that amount, a sum equal to the value as so determined, the County Registrar shall withdraw from the possession of the goods and chattels and the sum deposited shall be disposed of as the Court shall direct.

Application for sale

6. (1) Where the claimant does not make such deposit as aforesaid the Court may, at any time after the service of an interpleader civil summons, upon application made by the execution creditor upon notice to the claimant and the County Registrar, or by the County Registrar upon notice to the parties, make an order for the sale of all or any of the goods and chattels seized, subject to such conditions as to the giving of security by the execution creditor or otherwise as to the Court may seem fit.

Service of notice

• (2) The notice of application to the Court for an order for the sale of all or any of the goods and chattels seized shall be in Form 49.5 Schedule C and shall be served two clear days before the day named in such notice for the hearing.

Application may be heard out of court

7. A Judge may hear and determine such application out of court and at any place which he or she may deem suitable. The costs of such application shall be provided for by the Court on the hearing of the interpleader civil summons.

Order for sale

8. The order by a Judge for sale shall be in accordance with Form 49.6 Schedule C and shall direct that the proceeds of the sale be lodged with the Clerk to abide the order of the Court on the hearing of the interpleader civil summons.

Service of Interpleader civil summons

9. (1) An interpleader civil summons (Form 49.7 Schedule C) shall be served upon the claimant and upon the party claiming execution.

• (2) An interpleader civil summons shall be served in a manner provided by Order 10 of these Rules. Where the warrant of execution has been lodged with the County Registrar by a solicitor for the party claiming execution or where the claim has been made by a solicitor for the claimant the interpleader civil summons may be served upon the solicitor for the party claiming execution or the claimant, as the case may be.

Liability for costs

10. Upon the hearing of the interpleader civil summons the Court shall determine the liability of the parties respectively to pay costs and expenses and the amount of the same and by whom and to whom such payments are to be made. The scale of costs set out for tort cases in the Schedule of Costs annexed hereto or any other similar Schedule for the time being in force shall be the appropriate scale for proceedings instituted by interpleader civil summons, and the decree in such proceedings shall be in accordance with Form 49.8 Schedule C.

ORDER 50

APPLICATION TO HAVE AN ACTION FORWARDED TO THE CIRCUIT COURT OR TO THE HIGH COURT

Form of notice

1. (1) An application to have an action forwarded to the Circuit Court or to the High Court pursuant to section 22 (8) (b) of the Courts (Supplemental Provisions) Act, 1961 (inserted by section 21 of the Courts Act, 1971 ), shall be preceded by the issue and service of a notice (Form 50.1 Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

• (2) Such notice shall be served upon the other party to the proceedings in accordance with the provisions of Order 10 of these Rules at least seven days before the date of hearing of the application.

Lodgment of notice

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

Order of Court

• (4) The order of the Court hearing the application shall be in accordance with Form 50.2 or 50.3 Schedule C, as the case may be.

ORDER 51

COSTS AND EXPENSES

Costs in general to be in discretion of Court

1. Save as otherwise provided by statute or by Rules of Court, the granting or withholding of the costs of any party to civil proceedings in the Court shall be in the discretion of the Court.

Scales of costs

2. Save as otherwise provided, the costs specified in each scale in the Schedule of Costs annexed to these Rules or in any other similar Schedule for the time being in force shall be the only lawful costs.

Witnesses' expenses

3. The Court shall have discretion to allow or to refuse to allow the expenses (or any part thereof) of any witness and where allowed, the amount of such expenses (or part thereof) may be measured by the Court.

Where no solicitor retained

4. No costs other than actual and necessary outlay shall be allowed or awarded to a party who conducts his or her own case.

Costs where defendant not represented by solicitor

5. Where the plaintiff is successful and the defendant has not been professionally represented at the hearing, the costs shall be in accordance with the appropriate scale for undefended cases, unless the Court, upon application made to it at the hearing, shall direct that the scale for defended cases shall apply.

Costs in Schedule to be exclusive of V. A. T. and outlay

6. The costs set forth in the scales in the Schedule of Costs annexed to these Rules or any other similar schedule for the time being in force shall in every instance be exclusive of and in addition to any sum allowed as recovery of value-added tax and all such actual and necessary outlay as may be allowed.

Costs of adjournment

7. The Court may allow the costs and expenses of any adjournment of the hearing or further hearing of any civil proceedings and may order that such costs be added to or deducted from the costs allowed to either party on the final determination of the proceedings, or may if it thinks it reasonable to do so, make a separate order (Form 51.1 Schedule C) for their payment.

Power to strike out with costs claims in excess of jurisdiction

*8. Where civil proceedings are brought in the Court which the Court has no jurisdiction to hear and determine, the Court shall, as soon as such want of jurisdiction becomes apparent, order such proceedings to be struck out and may, if it so thinks proper, make an order awarding to the defendant such costs as the Court could have awarded if it had jurisdiction to try and determine such proceedings and either the plaintiff did not appear or appeared and failed to prove his or her claim.

Costs in hire purchase claims

9. Proceedings by the owner of a chattel against the hirer thereof under a hire-purchase agreement for the recovery or return of the same shall, for the purpose of the measurement of the costs, be deemed to be an action in contract in which the amount sued for is the amount of the instalments due and unpaid under the agreement at the date of commencement of the proceedings.

• Courts of Justice Act, 1936 (No. 48) Sec 60

Costs in actions for wrongful detention

10. In actions for wrongful detention brought by virtue of section 33, subsection (3) of the Courts (Supplemental Provisions) Act, 1961 , the costs awarded shall be on the tort scale according to the value of the goods as determined by the Court.

Costs to apply for A. G. , Govt. Ministers etc.

11. The scales of costs in the Schedule of Costs annexed hereto or any other similar schedule for the time being in force shall apply to proceedings to which the Attorney General or any Minister of the Government or any Minister of State or any Government Department is a party.

Costs in consent proceedings

12. Solicitors' costs, where allowed, in consent proceedings to which section 4 (c) of the Courts Act, 1991 and Order 39, r. 14 of these Rules relate, 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.

Costs in actions transferred from the High Court or the Circuit Court

13. Solicitors' costs, where allowed, in actions remitted or transferred from the High Court or the Circuit Court and to which Order 39, r. 15 of these Rules relates, 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.

In certain cases costs may be measured

14. In any case where the Court is of opinion that there is no appropriate scale of costs provided, it may measure the costs.

ORDER 52

COUNSEL'S FEES

No fee where sum does not exceed £500

1. (1) In any award of costs in the Court a fee for counsel may not be included—

( a ) in any action in contract, breach of contract, tort or in claims for damages unconnected with contract, where the amount recovered by the plaintiff or, where the action was dismissed, the amount claimed against the defendant does not exceed £500, and

No fee where annual rent does not exceed £500

( b ) in any ejectment proceedings for over-holding or non-payment of rent, where the annual rent does not exceed £500

Court to certify fees

• (2) In the award of costs in any other proceedings in the Court a fee for counsel may not be included unless the Court certifies that, in its opinion, the employment of such counsel was necessary for the attainment of justice or for enforcing or defending the rights of the party concerned.

Schedule of fees

• (3) Where counsel is allowed, the scales of fees in the Schedule of Counsel's fees hereto shall operate, provided that in any proceedings not covered by these scales the fees shall be such as shall be determined by the Court having regard to the said scales and to the amount involved in the case.

ORDER 53

ENFORCEMENT OF JUDGMENTS

Definition

1. In this Order—

"the Act of 1926" means the Enforcement of Court Orders Act, 1926 (No. 18 of 1926);

"the Act of 1940" means the Enforcement of Court Orders Act, 1940 (No. 23 of 1940);

"the Act of 1986" means the Courts (No. 2) Act, 1986 (No. 26 of 1986);

"debt" includes any balance of a debt remaining due after payment or recovery of part thereof;

"judgment" includes any order or decree of a competent court.

Venue

2. Proceedings for the enforcement of a judgment under the Enforcement of Court Orders Acts, 1926 and 1940 may be brought, heard and determined at any sitting of the Court for the court area wherein the debtor is ordinarily resident.

Summons for attendance of debtor

3. (1) Whenever a debt is due on foot of a judgment of a competent court and the creditor wishes to enforce that judgment, such creditor or the solicitor for such creditor shall, if he or she requires the attendance of the debtor before the Court for examination as to the debtor's means pursuant to section 15 (as substituted by section 1 (1) of the Act of 1986) of the Act of 1926, prepare and lodge with the Clerk a summons in duplicate in the Form 53.1 Schedule C together with the statutory declaration (in the Form 53.2 Schedule C) required by subsection (2) of the said section 15. The Clerk shall list the matter for hearing and, having completed and signed the original and copy summons, shall issue same to the creditor or solicitor for the creditor for service upon the debtor.

Statutory declaration

• (2) Such summons shall be served upon the debtor in a manner prescribed in Order 10 of these Rules at least fourteen days or, if service is being effected by registered post, at least twenty-one days before the date of sitting of the Court at which the examination of the debtor is to take place.

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

Statement of means

4. (1) A summons referred to in rule 3 shall, in addition to requiring the attendance of the debtor at a sitting of the Court for examination as to his or her means, also require the debtor to complete, detach and lodge with the Clerk not less than one week before the date of the said sitting the statement of means (Form 53.3 Schedule C) attached to the summons.

• (2) The creditor or solicitor for the creditor shall be entitled, on payment of the prescribed fee, to inspect and take or obtain copies of the statement of means at any time after it is lodged.

Creditor's proofs at the hearing

5. At the examination pursuant to a summons served under rule 3 (2) of this Order the creditor or solicitor for the creditor shall produce to the Court

( a ) the judgment on which he or she relies or other evidence of the original debt due to the creditor thereunder,

( b ) a certificate in the Form 53.4 Schedule C signed by the creditor or solicitor for the creditor setting out the amount outstanding at the date of the certificate, and

( c ) evidence that the debtor is ordinarily resident in the court area wherein the examination is taking place.

A copy of the said certificate (Form 53.4 Schedule C) shall also be furnished to the debtor or solicitor for the debtor prior to the date on which the examination is due to take place.

Instalment Order

6. (1) An order for the payment of debt and costs made pursuant to section 17 of the Act of 1926 at the examination proceedings shall be in accordance with Form 53.5 Schedule C. The order shall be served upon the debtor in accordance with the provisions of Order 10 of these Rules.

• (2) An instalment order made pursuant to that section shall, unless the debt and costs payable thereunder have been duly paid in full, continue in force until the expiration of twelve years from the date of the judgment to which it relates, and no instalment which accrues due under such order after the order ceases to be in force shall be payable or recoverable.

Variation of instalment order

7. (1) An application to the Court pursuant to section 5 of the Act of 1940 to vary the terms of an instalment order shall be preceded by the issue and service of a summons in the Form 53.6 Schedule C. Such summons shall be served upon the creditor or the debtor, as the case may be, in accordance with the provisions of Order 10 of these Rules.

• (2) When service has been effected the original summons, 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 of the application.

• (3) The order of the Court granting the application shall be in the Form 53.7 Schedule C. The applicant party therefor shall cause the said order to be served upon the other party in accordance with the provisions of Order 10 of these Rules.

• (4) An order varying an instalment order shall not so operate as to make the instalment order enforceable after the expiration of twelve years from the date of the relevant judgment.

Application for arrest and imprisonment

8. (1) An application to the Court pursuant to section 6 of the Act of 1940 for the arrest and imprisonment of the debtor shall be preceded by the issue and service of a summons in the Form 53.8 Schedule C. Such summons shall be served upon the debtor in accordance with the provisions of Order 10 of these Rules.

• (2) When service has been effected the original summons, 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 of the application.

• (3) The order of the Court granting the application shall be in the Form 53.9 Schedule C.

• (4) The warrant to enforce such order shall be in the Form 53.10 Schedule C and may be added to the form of such order.

• (5) Before making an order to which this rule relates, the Court shall be satisfied of the due service upon the debtor of the instalment order, that the debtor has failed to comply with such order and, in the event of the debtor's failure to attend Court on the hearing of the application for arrest and imprisonment, of the due service upon him or her of the summons issued under this rule.

• (6) No order under this rule shall be made against a debtor who is a member of the permanent Defence Forces or a reservist for the time being called out on permanent service.

Where appeal is lodged, warrant not to issue

9. (1) Where a notice of appeal against an order for arrest and imprisonment has been lodged and a recognisance (if required) has been entered into and the warrant to enforce the order has not been issued, such warrant shall not be issued until the appeal has been decided or the appellant has failed to perform the conditions of the recognisance, as the case may be.

Where issued, Clerk to secure its return

• (2) Where such warrant has been issued but not executed when the notice of appeal is lodged, the Clerk shall forthwith notify the Superintendent of the Garda Síochana to whom the warrant was addressed that a notice of appeal has been lodged (and that a recognisance has been entered into, if that be the case) and shall request the Superintendent to return the warrant for cancellation by the Court.

Where amount due is paid to him, or her, Clerk to secure return of warrant

10. Where a warrant to enforce an order for arrest and imprisonment has been issued but not executed and the amount of the arrears of instalments and costs specified in the said order is paid to the Clerk, he or she shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed that such payment has been made and shall request the Superintendent to return the warrant for cancellation by the Court.

Notice by Governor to Clerk

11. The Governor of the prison in which the debtor is imprisoned by virtue of a warrant under rule 8 (4) of this Order shall forthwith, upon the reception in the prison of the debtor, give notice in writing of such reception to the Clerk specified in the warrant.

Where debtor is in custody and Clerk receives payment, Clerk to notify the Governor, etc

12. Where, subsequent to the arrest and imprisonment of a debtor under section 6 of the Act of 1940, the amount of the arrears of instalments and costs specified in the order for arrest and imprisonment is paid to the Clerk, he or she shall give a certificate of payment to the person making the payment on behalf of the debtor and shall forthwith forward a similar certificate to the Governor of the prison in which the debtor is imprisoned and to the creditor or solicitor for the creditor. Such certificate shall be in the Form 53.11 Schedule C.

Where statement of means is false

13. An order for arrest and imprisonment made pursuant to section 16 (2) of the Act of 1926 shall be in accordance with Form 53.12 Schedule C.

Warrants — provisions of O.26 to apply

14. The provisions contained in Order 26 of these Rules (relating to warrants in criminal proceedings) shall apply to warrants issued under this Order.

Registration of decrees as Judgment — mortgages

15. Every decree of the District Court shall be deemed to be a judgment entered up in a superior court at Dublin within the meaning and for the purposes of section 6 of the Judgment-Mortgage (Ireland) Act, 1850 (13 & 14 Vic. c. 29) and that Act shall apply and have effect in relation to every decree of the District Court accordingly, save that

( a ) any such affidavit as is mentioned in the said section 6 made in relation to any such decree shall be filed in the district court office in which such decree is entered in lieu of the superior or other court mentioned in that section, and

( b ) any costs entitled to be stated in the said affidavit of filing and registering the said affidavit pursuant to the said section 6 shall not exceed in amount the amount of the decree.

Registration of decrees in the Central Office

16. (1) Any decree of the District Court may be registered in the Central Office of the High Court in like manner as a similar judgment of the High Court may be registered in that Office.

• (2) The practice and procedure in use in the said Central Office in relation to the registration of judgments of the High Court shall apply to and be followed in relation to the registration (under section 25 of the Courts Act, 1981 ) of decrees of the District Court.

Application of section 336 of the Irish Bankrupt and Insolvent Act, 1857 to decree

17. Every decree of the District Court shall be deemed to be a judgment of a superior Court within the meaning and for the purpose of section 336 of the Irish Bankrupt and Insolvent Act, 1857 (20 & 21 Vic. c. 60) and that section shall apply and have effect in relation to every such decree of the District Court accordingly, save that registration in the Central Office of the High Court under the Courts Act, 1981 shall be substituted for registration in the office of the registrar of judgments.

ORDER 54

MAINTENANCE OF SPOUSES AND CHILDREN

Definitions

1. In this Order—

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

"the Act of 1987" means the Status of Children Act, 1987 (No. 26 of 1987);

"competent authority" has the meaning assigned to it in Order 98 of these Rules.

Venue

2. (1) Subject to the provisions of Order 62 of these Rules, proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

• (2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.

Hearings to be otherwise than in public

3. Proceedings under the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8 rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Applications for maintenance orders

4. (1) An application for a maintenance order under section 5 (1) (a) or 5 (1) (b) of the Act shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1 or 54.2 Schedule C, as appropriate.

• (2) An application for a maintenance order under section 5A (1) or 5A (2) of the Act (inserted by section 18 of the Act of 1987) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.3 or 54.4 Schedule C, as appropriate.

• (3) The order of the Court granting such application shall be in the Form 54.5, 54.6, 54.7 or 54.8 Schedule C, as appropriate.

Application to discharge maintenance order

5. An application by a maintenance debtor for the discharge of a maintenance order under section 6 (1) (a) of the Act or for the discharge of part of such order under section 6 (3) of the Act shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C. The order of the Court granting the application shall be in the Form 54.10 Schedule C.

Application to discharge or vary order

6. An application by either party to the proceedings to discharge or vary a maintenance order under section 6 (1) (b) of the Act shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C. The order of the Court granting the application shall be in the Form 54.12 Schedule C.

Interim order

7. An interim order made by the Court under section 7 of the Act shall be in the Form 54.13 Schedule C.

Application for lump sum order for birth/funeral expenses

8. An application by a spouse or parent under section 21A (1) of the Act (inserted by section 21 of the Act of 1987) for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child shall be preceded by the issue and service upon the other spouse or parent, as the case may be, of a summons in the Form 54.14 Schedule C. The order of the Court granting the application shall be in the Form 54.15 Schedule C.

Clerk to send copy of order

9. Where the Court makes a maintenance order, an order varying, discharging or discharging part of such order, an interim order or a lump sum order in respect of the birth or funeral expenses of a dependent child, the Clerk shall give to, or send by prepaid ordinary post to the maintenance debtor or the respondent party (as the case may be) a copy of the order so made.

Application for direction that payments be made to Clerk

10. An application under section 9 (1) (b) of the Act for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk shall be made ex parte. Notice of such application in the Form 54.16 Schedule C, signed by the maintenance creditor or by his or her solicitor, shall be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application shall be in the Form 54.17 Schedule C.

Payments to the Clerk