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

11. (1) Where the Court directs that payments under a maintenance order, a variation order or an interim order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

• (2) The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.

Application to discharge direction

12. An application under section 9 (3) of the Act by a maintenance debtor to have a direction under section 9 (1) of the Act discharged shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C. The order of the Court granting the application shall be in the Form 54.20 Schedule C.

Recovery of arrears by Clerk

13. (1) Where payments to the Clerk under a maintenance order, a variation order or an interim order are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 10 of the Act for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act, 1940 (in accordance with the provisions of Order 56 or 57, as the case may be of these Rules).

• (2) Where payments referred to in paragraph (1) hereof are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Service of summonses

14. (1) A summons required by this Order to be served may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days before the date of the sitting of the Court to which the summons is returnable.

• (2) Save where service has been effected by the Clerk, the original of every such summons served, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

Rules to apply orders for maintenance pending suit, etc.

15. Where the Clerk receives a copy of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989) from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 24 of the said Act), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.

ORDER 55

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS AS BETWEEN THE STATE AND NORTHERN IRELAND, ENGLAND AND WALES AND SCOTLAND

Definition

1. In this Order—

"the Act" means the Maintenance Orders Act, 1974 (No. 26 of 1974).

Order not to apply to proceedings under the E. C. (Judgments) Convention 1968.

1A . This Order shall not apply to proceedings brought by virtue of the Conventions defined in section 1 (1) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 , which are provided for in Order 62 of these Rules.

ENFORCEMENT OF ENFORCEABLE MAINTENANCE ORDERS

Clerk to register order

2. (1) Where a copy of a maintenance order, in respect of which an enforcement order has been made, is received by the Clerk from the Master of the High Court such clerk shall—

( a ) register particulars of such maintenance order and such enforcement order, and

Notice to maintenance debtor

( b ) by notice (Form 55.1 Schedule C) inform the maintenance debtor of the days and hours during which and the place at which the payments under the order are to be made. Such notice shall be sent by registered prepaid post and a copy thereof shall also be sent by registered prepaid post to the person entitled to receive the payments.

Clerk to register particulars of variation etc.

• (2) Where a maintenance order has been varied or revoked by a court in a reciprocating jurisdiction and a certified copy of the variation or revocation order is received by the Clerk he or she shall register particulars thereof and shall send a copy of such variation or revocation order by registered prepaid post to the maintenance debtor.

Receipt for payment

3. The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her pursuant to the order and shall transmit such payment to the person entitled to receive same.

4 Where maintenance debtor ceases to reside in court area

4. (1) Where the maintenance debtor ceases to reside in the district court area in which the proceedings have been entered, the Clerk for such court area shall forward to the Clerk of the court area in which the maintenance debtor is for the time being residing the following documents—

( a ) a copy of the maintenance order together with a copy, of the enforcement order,

( b ) a certificate of arrears (Form 55.2, Schedule C),

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

( d ) any other relevant document.

• (2) The Clerk who receives the documents referred to in paragraph (1) shall proceed in the same manner as if the copy maintenance order and enforcement order had been received by him or her from the Master of the High Court.

Where maintenance debtor ceases to reside in the State

• (3) Where the maintenance debtor ceases to reside in the State the Clerk shall forward the documents referred to in paragraph (1) to the Master of the High Court together with a statement (Form 55.8 Schedule C) giving such information as he or she possesses as to the whereabouts of such maintenance debtor.

Recovery of arrears by Clerk

5. (1) Where payments to the Clerk under an enforceable maintenance order are in arrears and such clerk receives a request in writing from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make an application, under section 10 of the Family Law (Maintenance of Spouses and Children) Act, 1976 for an attachment of earnings order or, for an order under section 8 of the Enforcement of Court Orders Act, 1940 , (as provided for in Order 56 or Order 57, as the case may be, of these Rules).

• (2) Where payments referred to in paragraph (1) hereof are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

INSTITUTION OF PROCEEDINGS AGAINST A PERSON RESIDING IN A RECIPROCATING JURISDICTION

Clerk to send documents to Master of High Court

6. Where proceedings are instituted against a person residing in a reciprocating jurisdiction for the making, variation or revocation of a maintenance order, pursuant to section 17 of the Act, the Clerk to whom the application for the issue of a summons is made, shall send the following documents to the Master of the High Court by registered prepaid post—

( a ) notice of the institution of the proceedings in one of the Forms 55.3 to 55.7, Schedule C, as the case may be,

( b ) a statement (Form 55.8, Schedule C) signed by such clerk, giving such information as he or she possesses as to the whereabouts of the person against whom the proceedings have been instituted,

( c ) a statement (Form 55.9, Schedule C) signed by such Clerk giving such information as he or she possesses for facilitating the identification of that person,

( d ) where available, a photograph of that person, and

( e ) any other relevant document.

The Clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 55.10 Schedule C).

Listing of proceedings by Clerk

7. (1) When proof of service of the notice of institution of proceedings has been received by the Clerk he or she shall list the proceedings for hearing at a scheduled sitting of the Court on a day not earlier than twenty-one days after the day on which the notice of the institution of proceedings was served, and shall, by notice (Form 55.11 Schedule C) inform both parties to the proceedings by registered prepaid post of the date, time and place of such hearing.

Hearing to be otherwise than in public

• (2) Such proceedings 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.

Clerk to produce documents

8. On the hearing of the proceedings the Clerk shall produce to the Court any communication or correspondence received by him or her.

Order of Court

9. The order of the Court hearing the proceedings shall be in accordance with one of the Forms 55.12 to 55.17, Schedule C, as the case may be. Notice of the making of any such order (Form 55.18 Schedule C) shall be sent by the Clerk by registered prepaid post to the person against whom the order is made.

TRANSMISSION OF MAINTENANCE ORDERS TO RECIPROCATING JURISDICTION FOR ENFORCEMENT

Application to enforce order

10. (1) An application by a maintenance creditor to have a maintenance order made by the Court enforced against a person residing in a reciprocating jurisdiction, pursuant to section 19 of the Act, shall be by notice which shall be in accordance with Form 55.19 Schedule C.

Clerk to send documents to Master of High Court

• (2) The Clerk to whom such application is made shall, if it appears to him or her that the maintenance debtor is residing in a reciprocating jurisdiction,

( a ) send notice of the order (Form 55.18 Schedule C) by registered prepaid post to the maintenance debtor, and

( b ) send by registered prepaid post to the Master of the High Court the following documents—

• (i) a certified copy of the maintenance order,

• (ii) in the case of a maintenance order made in default of appearance, the original or a certified copy of the document which establishes that notice of the institution of the proceedings was served upon the person in default,

• (iii) a certificate (Form 55.20 Schedule C) signed by such Clerk certifying that the maintenance order is enforceable in the State and that the notice thereof has been sent to the maintenance debtor by registered post,

• (iv) a certificate (Form 55.21 Schedule C) signed by such Clerk of any arrears under the order,

• (v) a statement (Form 55.8 Schedule C) signed by such Clerk giving such information as he or she possesses as to the whereabouts of the maintenance debtor,

• (vi) a statement (Form 55.9 Schedule C) signed by such Clerk giving such information as he or she possesses for facilitating the identification of the maintenance debtor,

• (vii) where available, a photograph of the maintenance debtor, and

• (viii) any other relevant document.

The Clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 55.22 Schedule C).

Where maintenance order varied or revoked

• (3) Where a maintenance order which is being enforced by a court in a reciprocating jurisdiction is varied or revoked, the Clerk shall send a certified copy of such variation order or revocation order, as the case may be, to such court.

OBTAINING OF EVIDENCE FROM COURT IN RECIPROCATING JURISDICTION

Request for the taking of evidence

11. A request for the taking of evidence of a person residing in a reciprocating jurisdiction, pursuant to section 20 of the Act, shall be in accordance with Form 55.23 Schedule C, and shall be sent by registered prepaid post by the Clerk to the Master of the High Court for transmission by him to the appropriate authority in the reciprocating jurisdiction.

TAKING OF EVIDENCE FOR COURT IN RECIPROCATING JURISDICTION

Receipt of request to take evidence

12. (1) Where, pursuant to section 21 of the Act, a Judge receives a request from the Master of the High Court for the taking of evidence of a person residing in such Judge's district, the Judge shall cause the Clerk for the court area in which such person resides to sign and issue a summons (Form 55.24 Schedule C) directed to such person requiring him or her to attend before such Judge at a specified date, time and place to give evidence in relation to the subject matter of the request.

Evidence on oath and in writing

• (2) The evidence of such person shall be taken on oath and in writing in the Form 55.25 Schedule C.

• (3) Such evidence may, at the discretion of the Judge, be taken in chambers.

Procedure on failure to attend, etc.

• (4) The procedure contained in Order 21 of these Rules for the purpose of procuring the attendance of a person who fails or refuses to attend or, when present in court, refuses to take the oath or refuses to give evidence, shall apply to the taking of evidence under this rule.

Clerk to transmit evidence

• (5) When the evidence has been taken the Clerk shall transmit same by registered prepaid post to the Master of the High Court.

ORDER 56

ATTACHMENT OF EARNINGS

Definitions

1. In this Order—

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

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

Venue

2. (1) Proceedings to which this Order relates 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.

Hearing to be otherwise than in public

• (2) Such proceedings 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.

Application

3. An application for an attachment of earnings order under section 10 of the Act shall be preceded by the issue and service upon the maintenance debtor of a summons (Form 56.1 or 56.2 Schedule C, as the case may be). The order of the Court granting the application shall be in accordance with Form 56.3 or 56.4 Schedule C, as the case may be.

Service of order

4. The Clerk specified in an attachment of earnings order or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer to whom it is directed and upon any subsequent employer of the maintenance debtor concerned of whom the Clerk so specified or the maintenance creditor becomes aware.

Mode of service

5. Such service may be effected by leaving a copy of the order at, or sending a copy of the order by registered prepaid post to the residence or place of business in the State of the person to be served. A copy of the order shall also be sent by registered prepaid post to the maintenance debtor.

Receipt for payment

6. The Clerk shall issue a receipt for each payment made by any such employer and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, may transmit the payment to the competent authority.

Payment by Clerk

7. The Clerk may send by post any payment received by him or her under an attachment of earnings order to the person entitled thereto.

Order requiring statement of particulars

8. An order under section 13 (1) (b) of the Act requiring a statement of particulars of a maintenance debtor's earnings shall be in accordance with Form 56.5 Schedule C. The Clerk shall cause the order to be served upon the person to whom it is directed by sending a copy thereof by prepaid post to the residence or place of business in the State of such person.

Application for determination as to earnings

9. An application under section 15 of the Act for a determination as to whether payments of a particular class or description are earnings for the purposes of an attachment of earnings order shall be preceded by the issue and service of a summons (Form 56.6 Schedule C) upon each of the other parties to the proceedings.

Parties to such proceedings Order of Court

10. The parties to proceedings in respect of an application under rule 9 shall be the employer, the maintenance debtor and the person to whom payments under the order are being made. The order of the Court hearing such application shall be in accordance with Form 56.7 Schedule C. A copy of such order shall be sent by the Clerk by prepaid post to each of the parties to the proceedings.

Application to vary or discharge attachment of earnings order

11. An application under section 17 of the Act for the variation or discharge of an attachment of earnings order shall be preceded by the issue and service of a summons (Form 56.8 Schedule C) upon the maintenance creditor and/or the maintenance debtor, as the case may be. The order of the Court on hearing the application shall be in accordance with Form 56.9 Schedule C. The Clerk or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer in the manner prescribed in rule 5 of this Order.

Clerk to notify employer of cesser of order

12. Where an attachment of earnings order ceases to have effect the Clerk shall notify (Form 56.10 Schedule C) the employer accordingly.

Cesser of warrant and lapse of enforcement proceedings

13. Where an attachment of earnings order has been made, any proceedings commenced under section 8 of the Enforcement of Court Orders Act, 1940 , shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect.

Clerk to produce documents

14. On the hearing of an application for an attachment of earnings order the Clerk to whom payments under the maintenance order, variation order, interim order, or enforceable maintenance order are payable shall tender as evidence—

( a ) the maintenance order, variation order, interim order (as the case may be) and in the case of an enforceable maintenance order a copy of the maintenance order,

( b ) the request in writing received by the Clerk from the maintenance creditor,

( c ) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and

( d ) any other relevant document.

The Clerk shall also prove the amount of arrears due.

ORDER 57

PROCEEDINGS UNDER SECTION 8 of THE ENFORCEMENT OF COURT ORDERS ACT, 1940

Definition

1. In this Order "the Act" means the Enforcement of Court Orders Act, 1940 (No. 23 of 1940).

Venue

2. Proceedings to which this Order relates 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 or where the order which it is sought to enforce was made.

Information

3. An application under section 8 (1) of the Act shall be by sworn information in one of the Forms 57.1 to 57.3 Schedule C, as the case may be.

Warrant

4. A warrant of arrest which may be issued on foot of such information shall be in one of the Forms 57.4 to 57.6 Schedule C as the case may be.

Summons in lieu of warrant

5. A Judge may, however, if he or she thinks fit, instead of issuing such warrant of arrest as is provided by section 8 (1) of the Act, issue a summons in one of the Forms 57.7 to 57.9 Schedule C, as the case may be on foot of such information.

Warrant may issue notwithstanding issue of summons

6. Where, after the issue of the summons, it seems fit to the Judge, at any time before the date of hearing of the application to issue a warrant of arrest the Judge may issue such warrant notwithstanding the fact that a summons has already been issued.

Warrant of committal

7. A warrant of committal under section 8 (1) of the Act shall be in accordance with Form 57.10 or 57.11 Schedule C, as the case may be.

Distress warrant

8. A warrant of distress and sale under section 8 (1) of the Act shall be in accordance with Form 57.12 or 57.13 Schedule C, as the case may be.

Recognisance and warrant of detention

9. A recognisance under section 8 (2) of the Act shall be in accordance with Form 57.14 Schedule C. A warrant of detention on refusing to enter into a recognisance shall be in accordance with Form 57.15 Schedule C.

Warrant of committal

10. A warrant of committal under section 8 (2) (d) of the Act shall be in accordance with Form 57.16 Schedule C.

Clerk to produce documents

11. On the hearing of an application under section 8 (1) of the Act the Clerk to Whom payments under the maintenance order, variation order, interim order or enforceable maintenance order are payable shall tender as evidence—

( a ) the maintenance order, variation order, interim order, (as the case may be) and in the case of an enforceable maintenance order a copy of the maintenance order,

( b ) the request in writing received by the Clerk from the maintenance creditor,

( c ) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and

( d ) any other relevant document.

The Clerk shall also prove the amount of arrears due.

Provisions regarding warrants to apply

12. The provisions contained in Order 26 of these Rules regarding warrants shall apply to warrants issued under this Order with the proviso that warrants of distress shall be addressed to and executed by the several sheriffs and county registrars.

ORDER 58

CUSTODY AND GUARDIANSHIP OF INFANTS

Definitions

1. In this Order—

"the Act" means the Guardianship of Infants Act, 1964 (No. 7 of 1964);

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

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

Venue

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where any party to the proceedings 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 notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9 of this Order, be issued for, and the proceedings may be heard and determined at any sitting of the Court in that district.

Hearing 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.

Guardianship applications and court orders

4. (1) ( a ) An application to the Court under section 6A (inserted by section 12 of the Act of 1987) of the Act by the father of an infant whose father and mother have not married each other for an order appointing him to be a guardian of the infant shall be preceded by the completion by the applicant of a notice in the Form 58.1 Schedule C.

( b ) Where the mother of the infant consents in writing (Form 58.2 Schedule C) to the appointment of the father as a guardian and the applicant is registered as the father in a register maintained under the Births and Deaths Registration Acts, 1863 to 1987, the application may be made ex parte, subject to the prior lodgment with the Clerk of the completed notice (Form 58.1 Schedule C) together with the said consent in writing and a certified extract from the said register showing that the applicant is so registered.

( c ) In any other case, an application under the said section 6A shall be preceded by the issue and service of the notice (Form 58.1 Schedule C) upon the mother and upon any other guardian of the infant.

( d ) The order of the Court granting such application shall be in the Form 58.3 Schedule C.

• (2) An application under section 7 (4) of the Act shall be preceded by the issue and service of a notice in the Form 58.4 Schedule C upon the surviving parent and upon any other guardian of the infant. The Order of the Court on hearing the application shall be in the Form 58.5, 58.6 or 58.7 Schedule C, as appropriate.

• (3) An application to appoint a guardian or guardians under section 8 (1) of the Act shall be made ex parte in the first instance subject to the prior lodgment with the Clerk of a notice in the Form 58.8 Schedule C. The order of the Court thereon shall be in the Form 58.9 Schedule C.

• (4) An application to appoint a guardian or guardians under section 8 (2) of the Act shall be made ex parte if made by the surviving parent, subject to the prior lodgment with the Clerk of a notice in the Form 58.10, Schedule C, and in any other case it shall be preceded by the issue and service of a notice in the Form 58.10 Schedule C upon that parent. The order of the Court thereon shall be in the Form 58.11 Schedule C.

• (5)
• (i) An application to remove from office a guardian appointed by will or deed or order of court and to appoint another guardian in his or her place under section 8 (4) and 8 (5) of the Act shall be preceded by the issue and service of a notice in the Form 58.12 Schedule C upon each guardian of the infant. The order of the Court thereon shall be in the Form 58.14 Schedule C.

• (ii) An application to appoint a guardian in place of a deceased guardian, under section 8 (5) of the Act, may be made ex parte where the infant has no guardian or where the applicant is the only guardian, subject to the prior lodgment with the Clerk of a notice in the Form 58.13 Schedule C, and in any other case it shall be preceded by the issue and service of the said notice upon each guardian of the infant. The order of the Court thereon shall be in the Form 58.15 Schedule C.

Application seeking Court's direction

5. Where the Court's direction is sought under section 11 (1) of the Act or section 11 (4) (inserted by section 13 of the Act of 1987) of the Act, the application therefor shall be preceded by the issue and service of a notice in the Form 58.16 Schedule C upon each of the other guardians or each of the guardians of the infant, as the case may be. The order of the Court thereon shall be in the Form 58.17 Schedule C.

Application to vary/discharge

6. An application under section 12 of the Act for an order varying or discharging a previous order shall be preceded by the issue and service of a notice in the Form 58.18 Schedule C upon each of the other guardians or each of the guardians of the infant as the case may be. The order of the Court thereon shall be in the Form 58.19 Schedule C.

Application for production of infant

7. An application under Part III of the Act for an order for the production of an infant shall be preceded by the issue and service of a notice in the Form 58.20 Schedule C upon the person having custody of the infant. The order of the Court thereon shall be in the Form 58.21 Schedule C which shall be served upon the said person. The order of the Court under Part III of the Act shall be in the Form 58.22, 58.23 or 58.24 Schedule C, as appropriate.

Custody/Right of access — non-compliance with direction

8. Where complaint is made to a Judge alleging an offence of failure or refusal, under section 5 of the Courts (No. 2) Act, 1986 , to comply with the requirements of a direction given in an order under section 7 or section 11 of the Act, the summons which may be issued and served upon the person against whom the offence is alleged shall be in the Form 58.25 or 58.26 Schedule C, as appropriate. The relevant provisions of Order 15 of these Rules shall apply in such case.

Service and lodgment of documents

9. (1) A notice or court order required by this Order to be served, may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days or, in the case of proceedings certified as urgent under rule 2 (2) hereof, at least two days, before the date of the sitting of the Court to which it is returnable.

• (2) Save where service has been effected by the Clerk, the original of every such notice or order served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Clerk to supply copies of orders

10. Where the Court makes an order under the Act, the Clerk shall give, or send by ordinary post, a copy of such order to each person in whose favour or against whom the order was made.

11. The age of an infant may be proved by producing a certified extract from the Register of Births showing the date of the infant's birth.

Court may direct service

12. In any proceedings under the Act the Court may direct the service of notice upon any person not already served.

Effect of appeal from orders

13. Notwithstanding the provisions of Order 25, r. (4) and Order 101 of these Rules and that an appellant has entered into a recognisance for appeal, an appeal from an order made under the Act shall stay the operation of the order only if, and to such extent and upon such terms (if any) as, the Court shall determine.

ORDER 59

DOMESTIC VIOLENCE

Definitions

1. In this Order—

"the Act" means the Domestic Violence Act, 1996 ;

Venue

2. Proceedings under this Order may be brought, heard and determined before a sitting of the District Court for the Court District in which the applicant resides or, if the application is for a barring order, where there is situate the place in relation to which that application is made.

Hearing 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 shall in the exercise of his or her discretion allow, shall be permitted to be present at the hearing.

Safety Order

4. (1) An application to the Court under section 2 (2) of the Act for a safety order shall be preceded by the issue and service upon the respondent of a summons in the Form 59.1, Schedule C.

• (2) The order of the Court granting the application shall be in the Form 59.2, Schedule C.

Barring Order

5. (1) An application to the Court under section 3 (2) of the Act for a barring order shall be preceded by the issue and service upon the respondent of a summons in the Form 59.3, Schedule C.

• (2) The order of the Court granting the application shall be in the Form 59.4, Schedule C.

Interim barring order

6. (1) Where an interim barring order is made under the terms of section 4 of the Act on the occasion of the making of an application for a barring order, it may be made on the evidence of applicant viva voce and on oath.

• (2) Where an interim barring order is made under the terms of section 4 of the Act between the making of an application for a barring order and its determination, it shall be made on the information on oath and in writing of the applicant in the Form 59.5, Schedule C.

• (3) Where the Court in exceptional cases considers it necessary or expedient in the interests of justice, an interim barring order may be made ex parte or notwithstanding the fact that the summons referred to in rule 5 of this Order has not been served.

• (4) The order of the Court shall be in the Form 59.6, Schedule C.

Protection Order

7. (1) Where a summons applying for a safety order or a barring order has been issued but the application has not been determined by the Court, an application may be made to the Court ex parte under section 5 (1) of the Act for a protection order pending such determination.

• (2) An application to the Court under section 5 of the Act for a protection order, save where made in the course of the hearing of an application for a safety order or a barring order, shall be by sworn information in the Form 59.7, Schedule C.

• (3) The Order of the court granting a protection order under the terms of section 5 of the Act shall be in the Form 59.8, Schedule C.

Vary Safety Barring Interim Barring Protection Order

8. (1) An application to the Court under section 2 (3) to vary a safety order, section 3 (6) to vary a barring order, section 3 (6) as applied by section 4 (2) to vary an interim barring order or section 5 (2) to vary a protection order, shall be preceded by the issue and service of a summons in the Form 59.9, Schedule C.

• (2) The Order of the Court granting the application shall be in the Form 59.10, Schedule C.

Discharge Safety, Barring Interim Barring Protection Order

9. (1) An application to the Court under section 13 (1) of the Act for the discharge of a safety order, a barring order, an interim barring order or a protection order shall be preceded by the issue and service of a summons in the Form 59.11, Schedule C.

• (2) The order of the Court granting the application shall be in the Form 59.12, Schedule C.

Clerk to supply copies of orders

10. (1) Where the Court makes, varies or discharges a safety order or a protection order, the Clerk shall give or send a certified copy of the order in question as soon as practicable.

( a ) to the applicant for the safety order or, in respect of a protection order, the applicant for the safety order or barring order concerned,

( b ) to the respondent to the application for the safety order or in respect of a protection order, the respondent to the application for the safety order or barring order concerned,

( c ) where a health board by virtue of section 6 of the Act made the application for the safety order or, in respect of a protection order, for the safety order or barring order, to the health board,

by ordinary prepaid post, and

( d ) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person for whose benefit the safety order or protection order was made resides, and

( e ) where the order in question is a variation or discharge of a safety , order or a protection order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that person had so resided but only if that member had previously been sent under this Rule a copy of such safety order or protection order or any order relating thereto

by prepaid registered post.

• (2) Where the Court makes, varies or discharge a barring order or an interim barring order, the Clerk shall give or send a certified copy of the order in question as soon as practicable

( a ) to the applicant for the barring order,

( b ) to the respondent to the application for the barring order,

( c ) where a health board by virtue of section 6 of the Act made the application for the barring order concerned, to the health board,

by ordinary prepaid post, and

( d ) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the barring order was made, and

( e ) where the order in question is a variation or discharge of a barring order or an interim barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situated that place but only if that member had previously been sent under this Rule a copy of such barring order or interim barring order or any order relating thereto,

by prepaid registered post.

Clerk to notify Gardaí when Interim barring order ceases to have effect

11. (1) Where an interim barring order has been made and the application for a barring order has been determined, the Clerk shall send notice in the Form 59.13, Schedule C that the interim barring order has ceased to have effect, by prepaid registered post to the member of the Garda Síochána referred to in Rule 10 (2) (d) or (e), as the case be.

Clerk to notify Gardaí when Protection Order ceases to have effect.

• (2) Where a protection order has been made and the application for a safety order or a barring order has been determined, the Clerk shall send notice in the Form 59.13, Schedule C that the protection order has ceased to have effect, by prepaid registered post to the member of the Garda Síochana referred to in Rule 10 (1) (d) or (e), as the case may be.

Service of Summonses

12. (1) A summons issued under these Rules shall be served by the Clerk by prepaid ordinary post upon the person to whom it is directed at least seven days before the date fixed for the hearing of the application. Where, however, the Clerk having consulted the Judge for the time being assigned to the Court District in which the summons is being issued, certifies on the summons that the proceedings are urgent, such summons may be served at least two days before the date fixed for the hearing.

• (2) The Clerk shall endorse on the original of every such summons served the time, date and place of posting of the envelope containing the copy summons for service and that endorsement shall be prima facie evidence of such service.

• (3) The summons shall be deemed to be issued when it has been signed by the Judge or the Clerk. It shall be deemed to be served at the time at which the said envelope would be delivered in the ordinary course of post.

Effect of appeal from orders

13. (1) Notwithstanding the provisions of Order 25, r. 9 (4) and Order 101 of these Rules and that an appellant has entered into a recognisance for appeal,

( a ) an appeal from a safety order or a barring order shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination;

( b ) an appeal from a protection order or an interim barring order shall not stay the operation of the order.

• (2) ( a ) An application to the District Court to stay the operation of a safety order or a barring order under the terms of section 12 of the Act, may be made following the service and lodgment of a notice of appeal and lodgment of the recognizance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 59.14, Schedule C which shall be served upon the respondent to the application two days before the hearing of the application.

( b ) Where the Court grants a stay on the operation of a safety order or a barring order under this Rule, and the Clerk has supplied the copies of the orders as directed by Rule 10 of this Order, the Clerk shall send notification of the granting of the stay in the Form 59.15, Schedule C to the same persons and in the manner directed by Rule 10 of this Order.

ORDER 60

PROTECTION OF THE FAMILY HOME

Definition

1. In this Order—

"the Act" means the Family Home Protection Act, 1976 (No. 27 of 1976).

Venue

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area in which the family home, as defined in section 2 of the Act, is situate.

• (2) Where however the Clerk, having consulted the Judge for the time being assigned to the court district within which such court area is situate, certifies on a notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9 hereof, be issued for, and the proceedings may be heard and determined at any sitting of the Court for that district.

Hearing to be otherwise than in public

3. Proceedings under or referred to in the Act in which each spouse is a party (whether by joinder or otherwise) 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.

Application under sec. 9 (1)

4. An application by a spouse under section 9 (1) of the Act for an order prohibiting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.1 Schedule C. The order of the Court granting the application shall be in the Form 60.2 Schedule C, a copy of which shall be served upon the respondent spouse.

Application under sec. 9 (2)

5. An application by a spouse under section 9 (2) of the Act for an order permitting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.3 Schedule C. The order of the Court granting the application shall be in the Form 60.4 Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under sec. 9 (4)

6. Where complaint is made by a spouse to a Judge under section 9 (4) of the Act that the other spouse has contravened the provisions of section 9 (2) of the Act, the summons which may be issued and served upon the other spouse shall be in the Form 60.5 Schedule C. The relevant provisions of Order 15 of these Rules shall apply in such case.

Application under sec. 9 (5)

7. An application by a spouse under section 9 (5) of the Act for an order that the respondent spouse provide household chattels for the applicant spouse or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.6 Schedule C. The order of the Court granting the application shall be in the Form 60.7 Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under sec. 15

8. Where complaint is made to a Judge under section 15 of the Act that a person knowingly gave information which was false or misleading in any material particular, the summons which may be issued and served upon that person shall be in the Form 60.8 Schedule C. The relevant provisions of Order 15 of these Rules shall apply in such case.

Service and lodgment of documents

9. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 10 of these Rules and every such notice shall be served at least fourteen days or, in the case of proceedings certified as urgent under rule 2 (2) hereof, at least two days before the date of the sitting of the Court to which it is returnable.

• (2) Save where service has been effected by the Clerk, the original of every such notice or summons served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Joinder of parties

10. The provisions of Order 42 (Third Party Procedure) of these Rules shall, with necessary modifications, apply to the proceedings mentioned in section 11 of the Act.

ORDER 61

USE OF BLOOD TESTS IN DETERMINING PARENTAGE

Definitions

1. In this Order—

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

"the Regulations" means the Blood Tests (Parentage) Regulations, 1988 ( S.I. No. 215 of 1988 );

"direction form" means Form 1 in the Schedule to the Regulations;

"sampler" has the meaning assigned to it in Regulation 3 of the Regulations;

Application for a direction for the use of blood tests

2. (1) Where in any civil proceedings before the Court the parentage of any person is in question, an application under section 38 (1) of the Act by a party to the proceedings for a direction for the use of blood tests shall be preceded by the issue and service of a notice in the Form 61.1 Schedule C. Such notice shall be served by registered prepaid post upon the other party or parties to the proceedings and upon each person in respect of whom the direction is sought or, where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her and shall be served at least fourteen days before the date of hearing of the application.

• (2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

• (3) Where the Court of its own motion proposes to give a direction for the use of blood tests or where application for such a direction is made in the course of hearing the proceedings, and if each of the parties to the proceedings and each person in respect of whom the direction is proposed or sought (or his or her legal or other representative, as the case may be) is then present in court, the Court may dispense with the requirement to serve notice of application.

• (4) The direction of the Court shall be in the Form 61.2 Schedule C, and shall be served by prepaid ordinary post upon each person in respect of whom it was given or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.

Order revoking or varying a direction

3. Where under section 38 (3) of the Act the Court revokes or varies a direction previously given under section 38 (1) of the Act, the order so revoking or so varying shall be in the Form 61.3 Schedule C, and shall be served by prepaid ordinary post upon each person directly affected by that order or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.

Notice of intention to call witness

4. (1) A notice under section 40 (5) of the Act by a party to civil proceedings of that party's intention to call a person as a witness shall be in the Form 61.4 Schedule C. Such notice shall be served by registered prepaid post upon the other parties to the proceedings or upon such of them as the Court may direct, at least fourteen days before the sitting of the Court at which it is intended to call as a witness the person named in the notice.

• (2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said sitting of the Court.

Clerk to send direction form to sampler

5. Where the Court gives a direction under section 38 (1) of the Act, the Clerk shall complete and sign Part I and the appropriate section of Part II of a direction form as prescribed in the Regulations and shall send that form by prepaid ordinary post to the sampler named in the direction.

ORDER 62

PROCEEDINGS UNDER

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

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

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

THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE.

Definitions

1. In this Order—

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

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

"the Act of 1993" means the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 (No. 9 of 1993);

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

"the Conventions" means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention as defined in section 1 of the Act (as amended by section 3 of the Act of 1993);

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

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

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

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

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

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

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

"central authority of a designated jurisdiction" means:—

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

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

"Contracting State",

( a ) when used in the context of proceedings under the 1968 Convention, has the meaning assigned to it in section 1 (1) of the Act of 1988 (as substituted by section 3 of the Act of 1993), and,

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

"reciprocating jurisdiction" means a Contracting State (within the meaning of the Acts of 1988 and 1993) which is declared by order of the Minister for Foreign Affairs to be a reciprocating jurisdiction;

"designated jurisdiction" means:—

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

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

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

"claimant" means, according to the context, either:—

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

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

"respondent" means, according to the context, either:—

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

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

"domiciled" shall be construed in accordance with section 13 and the Fifth Schedule of the Act of 1988 (as applied by the Act of 1993) and Articles 52 and 53 of both the 1968 Convention and the Lugano Convention;

"enforceable maintenance order" has the meaning assigned to it in section 7 (1) of the Act of 1988 (as applied by section 11 of the Act of 1993 and as substituted by section 11 of the Act of 1994);

the terms "enforcement order", "judgment" and "maintenance debtor" have the meanings assigned to them respectively in section 1 (1) of the Act of 1988 or, as the case may be, section 11 (2) of the Act of 1993.

"maintenance order" has the meaning assigned to it by section 1 of the Act of 1988 as amended by section 9 of the Act of 1994, and includes, where the context is appropriate, an instrument or settlement referred to in Article 50 or 51 of the 1968 Convention or the Lugano Convention in so far as it provides for the payment of maintenance.

PART I — CIVIL PROVISIONS

Venue in insurance matters

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

Venue in consumer contracts

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

Application of The Hague Convention

4. (1) The provisions of The Hague Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (hereinafter referred to as The Hague Convention) shall apply to proceedings brought in the District Court by virtue of the Conventions.

• (2) When any document for use in such proceedings is required by this Order to be served and such document is to be served upon a person in another State which is a party to The Hague Convention, service shall be effected in accordance with the provisions (including Articles 8 to 11) of that Convention and this Order.

Institution of proceedings against person domiciled abroad

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

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

— where defendant is not a citizen of Ireland

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

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

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

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

— the civil summons or other document instituting the proceedings,

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

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

— the certificate of service,

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

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

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

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

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

( d ) the statutory declaration as to service, the certificate of posting and the advice of delivery form shall, subject to the provisions of the said Article 15, together be sufficient evidence of such service.

— where defendant is a citizen of Ireland

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

Notice of intention to appear

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

Hearing of proceedings

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

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

Where defendant does not appear

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

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

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

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

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

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

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

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

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

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

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

Enforcement of judgments abroad provision of documents

9. (1) An interested party who, for the purposes of Articles 46 and 47 of either the 1968 Convention or, as the case may be, the Lugano Convention, requests the provision of the documents mentioned in section 12 of the Act of 1988 as applied by section 11 of the Act of 1993 in respect of a judgment given in the District Court, shall lodge with the Clerk for the district court area in which the judgment was given—

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

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

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

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

Service of judgment and proof of service

10. (1) Where, for the purposes of Article 47 of either the 1968 Convention or the Lugano Convention, it is necessary to serve upon a defendant a judgment given at a sitting of the District Court, such service shall be effected by or on behalf of the plaintiff and in accordance with the provisions (including Articles 8 to 11) of The Hague Convention and this Order. When service has been effected and duly certified, the certificate of service or, where appropriate, the certificate of posting, statutory declaration as to service and the advice of delivery form, shall be lodged with the Clerk for retention with the original judgment.

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

PART II—ENFORCEMENT OF CERTAIN FOREIGN MAINTENANCE ORDERS UNDER THE ACT OF 1988 AS AMENDED BY THE ACT OF 1993

Order not to apply to the enforcement of UK maintenance orders

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

Clerk to register enforceable maintenance order, etc. and to notify parties

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