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

4. (1) An appeal under section 21 of the Act against a fire safety notice shall be preceded by the issue of a notice of appeal in the Form 92.3, Schedule C, signed by the appellant or solicitor for the appellant; which notice shall be given to the respondent fire authority, in accordance with the provisions of sections 21 (2) and 38 of the Act, at least seven days or, where it is sent by prepaid registered post, at least fourteen days before the date of the sitting of the Court to which the notice of appeal is returnable.

• (2) A copy of the notice of appeal, together with a statutory declaration as to service, shall be lodged with the Clerk at least two days before the said sitting of the Court.

• (3) The order of the Court on hearing the appeal shall be in the Form 92.4, Schedule C.

Warrant under section 22 (7)

5. (1) An application to the Court for the issue of a warrant under section 22 (7) of the Act to enter land or a building shall be by the information on oath and in writing of a person duly appointed in that behalf by the relevant fire authority. The information shall be in the Form 15.3, Schedule B, with suitable modifications.

• (2) The order of the Court on granting the application shall be in the Form 92.5, Schedule C.

ORDER 93

HOUSING (PRIVATE RENTED DWELLINGS)

Definition

1. In this Order—

"the Act" means the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982), as amended by the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983).

Venue

2. Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area in which is situated the dwelling in relation to which the proceedings are brought.

Notices and orders of Court

3. (1) An application to the Court under section 9 (5) of the Act for an order determining who shall be tenant shall be preceded by the issue and service of a notice in the Form 93.1, Schedule C upon every member of the original tenant's family who was at the time of the relevant death bona fide residing in the dwelling, and upon the landlord of the dwelling. The order of the Court shall be in the Form 93.2, Schedule C.

• (2) Where a dispute, failure or question arises or occurs in the carrying out of an order of the Court the application to the Court under section 12 (4) of the Act shall be preceded by the issue and service of a notice in the Form 93.3, Schedule C upon the other party. The order of the Court shall be in the Form 93.4, Schedule C.

• (3) An application to the Court under section 15 of the Act seeking compensation for improvements shall be preceded by the issue and service of a notice in the Form 93.5, Schedule C upon the landlord. The order of the Court shall be in the Form 93.6, Schedule C.

• (4) Where recovery of possession of a dwelling under section 16 of the Act is sought the application to the Court shall be preceded by the issue and service of a notice in the Form 93.7, Schedule C upon the tenant. The warrant for delivery of possession shall be in the Form 93.8, Schedule C.

• (5) An application to the Court under section 18 of the Act to stay execution or to postpone the date of possession shall be preceded by the issue and service of a notice in the Form 93.9, Schedule C upon the other party to the proceedings. In case of urgency, however, the application may be made ex parte on the lodgment of notice with the Clerk and where the Court grants such application the Clerk shall forthwith notify the respondent accordingly.

• (6) Where compensation is sought under section 19 of the Act the application to the Court shall be preceded by the issue and service of a notice in the Form 93.10, Schedule C upon the landlord. The order of the Court shall be in the Form 93.11, Schedule C.

• (7) An appeal to the Court under section 26 (5) of the Act shall be preceded by the issue and service of a notice in the Form 93.12, Schedule C on the housing authority and upon the tenant. The order of the Court shall be in the Form 93.13, Schedule C.

Service of notices

4. (1) Notices required by this Order to be served shall be served in accordance with the provisions of section 4 of the Act, and where service is effected by registered prepaid post the provisions of section 7 of the Courts Act, 1964 , as amended, shall apply.

• (2) Every such notice shall be served one month at least before the date of sitting of the Court to which the notice has been made returnable. Proof of service shall be by statutory declaration. The original of every such notice, with the statutory declaration endorsed thereon, shall be lodged with the Clerk four days at least before the date of sitting of the Court.

Lodgments

5. Where notice of an application under section 15 of the Act seeking compensation for improvements has been served, the landlord may, not later than seven days after being served, lodge in court a sum of money which he or she alleges is sufficient to satisfy the claim, together with the appropriate costs on the scale for undefended cases, and shall at the same time give notice in writing to the applicant of the lodgment, and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to any such lodgment, save that notice of intention to defend shall not be required.

Costs

6. Costs of proceedings under sections 15 and 16 of the Act, where allowed, shall be in accordance with the appropriate scales set out in the Schedule of Costs annexed to these Rules or any similar scales in any other such schedule for the time being in force. Costs of any other proceedings under the Act shall be at the discretion of the Court and may be measured under Order 51, r. 14 hereof.

ORDER 94

IRISH NATIONALITY AND CITIZENSHIP

Definitions

1. In this Order—

"the Act" means the Irish Nationality and Citizenship Act, 1956 (No. 26 of 1956);

"the Act of 1986" means the Irish Nationality and Citizenship Act, 1986 (No. 23 of 1986).

Venue

2. A declaration of fidelity to the nation and loyalty to the State pursuant to section 15 (1) (e) — (as inserted by section 4 of the Act of 1986) — of the Act, when made before a Judge of the District Court, shall be made in open court and may be made at any sitting of the Court.

Form of declaration

3. The prescribed form of such declaration is contained in Irish Nationality and Citizenship Regulations, 1956 ( S.I. No. 216 of 1956 ).

ORDER 95

MALICIOUS INJURIES

Definitions

1. In this Order—

"the Acts" means the Malicious Injuries Acts, 1981 and 1986;

"the Principal Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981).

"the Act of 1986" means the Malicious Injuries (Amendment) Act, 1986 (No. 27 of 1986);

"ratepayer" means any ratepayer of a local authority which is a party to any proceedings for compensation under the Acts;

"third party" means a local authority notified under section 10 (1) of the Principal Act.

Application for compensation

2. (1) An application to the District Court for compensation under the Acts may, subject to the provisions of section 13 of the Principal Act, be brought, heard or determined at any sitting of the Court for the transaction of civil business.

• (2) Such application shall be preceded by the issue and service of a notice in the Form 95.1, 95.2, 95.3, 95.4, or 95.5 Schedule C, as may be appropriate, signed by the applicant or solicitor for the applicant. The notice shall be served upon the council of the county or the corporation of the county borough from which it is sought to obtain compensation. Service may be effected by prepaid registered post at least twenty-one days before the date fixed for the hearing of the application.

• (3) In the Dublin Metropolitan District the original and copy of every notice of application intended for service shall first be lodged with the Clerk for insertion of the date of hearing thereon.

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

Joinder of other local authority as third party

3. A local authority which has given notice under section 10 of the Principal Act shall lodge a copy of the notice with the Clerk.

Order of the Court

4. (1) A decree awarding compensation under section 11 of the Principal Act in respect of damage or loss shall be in the Form 95.6, 95.7, 95.8, 95.9 or 95.10 Schedule C, as may be appropriate.

• (2) An order refusing compensation shall be in the Form 95.11 Schedule C.

Malicious Injuries Book

5. The Clerk shall keep a book to be known as the Malicious Injuries Book in which shall be entered particulars of all notices of application and third party notices lodged under this Order and details of all applications and orders made in the proceedings to which the notices relate.

Costs

6. Costs, where awarded, other than costs of an application for compensation which are payable by a local authority, shall be in accordance with the appropriate scale of costs set out in the schedule of costs annexed to these Rules.

Where liability for compensation is apportioned between two or more local authorities, the costs (and expenses, if any) awarded to the applicant shall be similarly apportioned.

Settlements

7. Where under section 16 (1) of the Principal Act a local authority settles a claim brought against it, the form of consent or settlement (and withdrawal of application) signed by the parties (or a copy thereof) shall be lodged with the Clerk, who shall note the settlement in the Malicious Injuries Book and retain the documents in his or her custody.

Lodgments in court

8. A lodgment made under section 16 (2) of the Principal Act shall be made not later than seven days before the date fixed for the hearing of the application and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to such lodgment, but a notice of intention to defend shall not be required.

Appeals to the Circuit Court

9. (1) The provisions of Order 101 of these Rules relating to appeals to the Circuit Court and the forms therein prescribed shall mutatis mutandis apply to every appeal, including an appeal by a ratepayer, taken under section 17 of the Principal Act.

• (2) The Court may exempt an appellant from the requirement to enter into a recognisance for appeal against a decision on an application for compensation under the Principal Act as amended by the Act of 1986.

Cases stated to the Supreme Court

10. The procedure to be followed in relation to cases stated for the opinion of the Supreme Court under section 18 of the Principal Act are contained in Order 102 of these Rules.

Non-compliance with rules

11. Non-compliance with any of the foregoing rules of this Order shall not render any proceedings void unless the Court shall so direct.

Court may extend time, set aside, amend, etc.

12. The Court may, in relation to any act or proceedings under the Acts or under this Order, extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court may think just, such act or proceedings.

ORDER 96

PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION

Proceedings: — under the Air Pollution Act, 1987 (No. 6 of 1987)

Application for warrant

1. (1) An application under section 14 (5) of the Air Pollution Act, 1987 (hereinafter referred to as "the Act of 1987") by an authorised person or the person by whom he or she was appointed for a warrant to enter premises may be made at any sitting of the Court for the court district wherein the premises are situated.

— venue for

— by sworn information

• (2) Such application shall be made by the information on oath and in writing, in the Form 96.1, Schedule C, of the person seeking the warrant.

— form of warrant

• (3) A warrant to enter premises granted on foot of such information shall be in Form 96.2, Schedule C.

Application for order under sec. 28A (1)

2. (1) An application to the Court under subsection (1) of section 28A (inserted by the third schedule to the Environmental Protection Agency Act, 1992 — No. 7 of 1992) of the Act of 1987 for an order pursuant to that subsection in relation to an emission from a premises may be made at any sitting of the Court for the court district wherein the premises concerned are situated or wherein the emission concerned takes place.

— venue for

— form of, service and lodgment of notice of

• (2) Such application shall be preceded by the issue and service of a notice in the Form 96.3, Schedule C, upon the respondent in a manner prescribed in section 15 of the Act of 1987, and shall be served at least seven days or, where service is being effected by prepaid registered post, at least twenty-one days prior to the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

— order of the Court on

• (3) The order of the Court on granting the application shall be in the Form 96. 4, Schedule C. transfer to Circuit Court or High Court

• (4) Where, pursuant to the provisions of section 28A (1) (c) (i) of the Act of 1987, the Court transfers an application made under the said subsection (1) to the Circuit Court or the High Court, the order so transferring shall be in the Form 96.5, Schedule C, and the Clerk shall forthwith transmit a certified copy of the said order and any other order made in the proceedings, the notice of application and any other document or exhibit handed into court in relation to that application, to the appropriate County Registrar or, as the case may be, Registrar of the High Court.

Applications for orders under sec. 55

3. (1) Applications to the Court under section 55 of the Act of 1987 relating to the carrying out of required works and the cost thereof may be made at any sitting of the Court for the court area wherein the premises in relation to which the orders are sought are situated.

— under sec. 55 (2)

• (2) An application for an order under section 55 (2) of the Act of 1987 deeming consent to have been given and directing that required works be carried out shall be preceded by the issue and service upon the respondent of a notice in the Form 96.6, Schedule C.

— under sec. 55 (3)

• (3) An application for an order under section 55 (3) of the Act of 1987 in relation to the cost of works required to be carried out pursuant to that Act shall be preceded by the issue and service upon the respondent of a notice in the Form 96.7, Schedule C.

— service of notices of

• (4) A notice of application required by this rule to be served shall be served in a manner prescribed in section 15 of that Act. Service shall be effected at least seven days or, if being effected by prepaid registered post, at least twenty-one days prior to the date fixed for hearing the application.

The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

— orders of the Court

• (5) The order of the Court on granting an application to which this rule relates shall be in the Form 96.8 or 96.9, Schedule C, as the case may be, with any necessary modifications required in particular cases.

— under the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977)

Definitions

4. In this Order—

"the Act of 1977" means the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977);

"the Act of 1990" means the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990).

Application under sec. 10

5.— venue for

• (1) An application for an order under section 10 (1) of the Act of 1977 (as substituted by section 7 of the Act of 1990) may be made at any sitting of the Court for the court district wherein the waters concerned or the land or other premises from which the entry or discharge concerned takes place is or are situated.

— notice of

• (2) Such application shall be preceded by the issue and service of a notice in the Form 96.10, Schedule C, upon the person against whom the order is sought (the respondent) and, where the applicant is not a local authority or regional board, upon the local authority or regional board in whose functional area the waters concerned are situated.

— service

Service of the notice shall be effected in accordance with the provisions of section 32 of the Act of 1977 at least seven days or, where service is being effected by registered prepaid post, at least twenty-one days prior to the date fixed for hearing the application.

— lodgment

When service has been effected and declared the original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting) shall be lodged with the Clerk at least four days prior to the said date for hearing.

Order of the Court

• (3) The order of the Court on granting the application shall be in the Form 96.11, Schedule C. Copies of the said order shall be served upon the respondent and the relevant local authority or regional board.

Application for warrant

6. (1) An application for a warrant under section 28 (7) of the Act of 1977 to enter a premises or vessel may be made at any sitting of the Court for the court district wherein the premises or vessel is situated.

— venue for

— by sworn information

• (2) Such application shall be made by information on oath and in writing in the Form 96.12, Schedule C.

Form of warrant

• (3) A warrant granted pursuant to such application shall be in the Form 96.13, Schedule C.

— under the Environmental Protection Agency Act, 1992 (No. 7 of 1992)

Application for warrant

7. (1) An application under section 13 (6) of the Environmental Protection Agency Act, 1992 for a warrant to enter premises may be made at any sitting of the Court for the court district wherein the premises are situated.

— venue for

— by sworn information

• (2) Such application shall be made by the information on oath and in writing, in the Form 96. 14, Schedule C, of the person seeking the issue of the warrant.

Form of warrant

• (3) A warrant to enter premises which is granted pursuant to such application shall be in the Form 96.15, Schedule C.

Complaint in relation to noise

8. (1) A complaint to the Court under section 108 (1) of the Environmental Protection Agency Act, 1992 in relation to noise which is alleged to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance may be made at any sitting of the Court for the court district wherein the source of the noise is located.

— venue for

— notice of service lodgment

• (2) Such complaint shall be preceded by the issue and service of a notice, in the form prescribed in the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994 ( S.I. No. 179 of 1994 ), of the intention to make such a complaint, within such time as may be specified in the notice, upon the defendant, that is to say, the person alleged to have made or have caused or have been responsible for the noise. Service may be effected in accordance with the provisions of section 14 of that Act, and the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk.

Form of court order

• (3) Where, upon hearing such complaint, the Court makes an order under the said section 108 (1), the order shall be in the Form 96.16, Schedule C.

ORDER 97

ROAD TRAFFIC

Definition

1. In this Order—

"the Act" means the Road Traffic Act, 1961 (No. 24 of 1961) (as amended).

Venue for appeals — under section 18 (8) (c) (ii)

2. (1) An appeal pursuant to section 18 (8) (c) (ii) of the Act against the refusal of the issuing authority to issue a test certificate may be made at any sitting of the Court for the court area in which the vehicle is ordinarily kept.

• (2) An appeal

— under section 33 (3A) (b)

• (i) pursuant to section 33 (3A) (b) of the Act (inserted by section 21 of the Road Traffic Act, 1968 ) against the refusal of the issuing authority to carry out a test,

— under section 33 (5) (a)

• (ii) pursuant to section 33 (5) (a) of the Act against the deferring of a decision by the issuing authority to issue a certificate of competency,

— under sec. 33 (6) (a)

• (iii) pursuant to section 33 (6) (a) of the Act against the decision of the issuing authority under section 33 (4) of the Act, or

— under section 34 (5) (a)

• (iv) pursuant to section 34 (5) (a) of the Act against the decision of the issuing authority under section 34 (4) of the Act or the deferring of such a decision.

may be made at any sitting of the Court for the court area in which the appellant ordinarily resides.

Form of, service and lodgment of notice of appeal

3. (1) Every such appeal shall be preceded by the issue and service of a notice in the Form 97.1, 97.2, or 97.3 Schedule C, as appropriate, signed by the appellant or solicitor for the appellant.

• (2) Such notice shall be served, in accordance with the provisions of Order 10 of these Rules, upon the issuing authority, i.e. the Department of the Environment, and upon any other person directly affected by the appeal at least fourteen days before the date of hearing of the appeal.

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

• (4) The order of the Court on hearing such appeal shall be in one of the Forms 97.4 97.5, 97.6, 97.7, 97.8, 97.9, 97.10, 97.11, Schedule C, as appropriate.

Applications under sec. 28

4. (1) An application pursuant to section 28 (1) or 28 (2) of the Act by an officer of the Garda Síochána for a special disqualification order in respect of any person may be made at any sitting of the Court for the court area in which such person ordinarily resides.

• (2) Such application shall be preceded by the issue and service of a notice in the Form 97.12 or 97.13, Schedule C, as appropriate, signed by such officer.

• (3) Such notice shall be served upon the person to whom the application relates at least ten days before the date of hearing of the application.

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

• (5) The order of the Court on hearing the application shall be in the Form 97.14 or 97.15, Schedule C, as appropriate.

Application for removal of disqualification

5. (1) An application pursuant to section 29 (1) (a) or 29 (1) (b) of the Act (inserted by section 19 of the Road Traffic Act, 1968 ) for the removal of a consequential or ancillary disqualification may be made at any sitting of the court for the court area in which the disqualification order was made.

• (2) Such application shall be preceded by the issue and service of a notice in the Form 97.15 or 97.16, Schedule C, as appropriate, signed by the applicant or solicitor for the applicant.

• (3) Such notice shall be served upon the superintendent of the Garda Síochana for the district in which the applicant ordinarily resides at least fourteen days before the date of hearing of the application.

• (4) 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 said date of hearing.

• (5) The order of the Court on hearing the application shall be in one of the Forms 97.17, 97.18, 97.19, 97.20, Schedule C, as appropriate.

Search warrant under sec. 106 (6)

6. An application pursuant to section 106 (6) (a) of the Act by a member of the Garda Síochána for the issue of a warrant under that section shall be by information on oath and in writing in the Form 97.21 Schedule C, and, where the Judge of the District Court or the Peace Commissioner grants the application, the warrant shall be in the Form 97.22 Schedule C.

ORDER 98

SOCIAL WELFARE

Proceedings for — contribution towards benefit or allowance

Definitions

1. In this Order—

"the Act" means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);

"allowance" means

—deserted wife's allowance under section 152 of the Act,

—lone parent's allowance under section 158 of the Act, or

—supplementary welfare allowance under section 171 of the Act;

"attachment of earnings order" means an order under section 287 of the Act;

"benefit" means deserted wife's benefit under section 110 of the Act;

"competent authority".

—in relation to deserted wife's benefit, deserted wife's allowance and lone parent's allowance, means the Minister for Social Welfare and,

—in relation to supplementary welfare allowance, means the health board which granted that allowance to a recipient.

Application for order for contribution

2. (1) An application to the Court by a competent authority pursuant to subsection (2) of section 286 of the Act for an order directing the person who is liable to contribute under subsection (1) of that section (hereinafter referred to as the liable relative) to make a contribution towards a benefit or allowance being paid by that authority to a recipient may be brought, heard or determined at any sitting of the Court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation.

— form and service of notice of

• (2) Such application shall be preceded by the issue and service of a notice in the Form 98,1, Schedule C (or such modification thereof as may be appropriate) upon the respondent, that is to say, the liable relative, by registered prepaid post at least twenty-one days prior to the date fixed for the hearing of the application.

— lodgment of notice, etc.

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

Court order — form and service of

3. (1) Where, upon hearing such application, the Court makes an order under section 286 (4) of the Act the order shall be in the Form 98.2, Schedule C (or such modification thereof as may be appropriate). The applicant shall cause the said order to be served upon the respondent by registered prepaid post.

— variation or enforcement of

• (2) For the purposes of varying or enforcing an order made under subsection (4) of section 286 of the Act the order shall, as provided in subsection (5) of that section be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926 . The relevant provisions of Order 53 (Enforcement of Judgments) of these Rules and the forms therein prescribed, with any necessary adaptation, shall for such purposes apply in relation to every such order made under the said section 286 (4). rr 6 (2), 7 (4) of 0.53 not to apply to

• (3) The provisions of rules 6 (2) and 7 (4) of the said Order 53, which relate respectively to the duration of instalment orders and variation orders, shall not apply to orders made under the said section 286 (4).

— attachment of earnings

• (4) Where, in order to secure payments under an order made pursuant to the said section 286 (4), application is made by a competent authority under section 287 of the Act for an attachment of earnings order such application, if not made at the time of the hearing of the application under section 286 (2), may be made at any sitting of the Court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation. The relevant provisions of Part IX of the Act shall apply in every such case.

The procedures to be followed and the forms to be used in relation to such applications are those provided in Order 56 (other than rule 2) of these Rules which are relevant, and that Order and those forms, with any necessary modifications, shall apply in every such case.

Construction of references

4. References in Orders 53 and 56 of these Rules and the forms therein prescribed to "creditor" and "maintenance creditor" or to "debtor" and "maintenance debtor" shall, in so far as they apply to applications or orders to which rule 3 of this Order relates, be construed as references to "competent authority" and "liable relative", respectively.

ORDER 99

*ISSUE OF SUMMONSES BY A CLERK IN MATTERS OTHER THAN CRIMINAL MATTERS

Summons — application for

1. Whenever it is intended to commence proceedings (not being proceedings to which the Courts (No. 3) Act, 1986 relates) in the District Court against a person, and the issue of a summons is sought requiring the appearance of that person before the Court, on a matter or issue which the Court has jurisdiction to hear and determine, application to sign and issue such summons may, unless otherwise provided, be made to the Clerk for the court area wherein that person ordinarily resides or carries on any profession, business or occupation.

— Form of, signing and issue of

2. The applicant for the issue of such summons shall lodge with such Clerk a duly completed summons in the Form 99.1, Schedule C (or such modification thereof as may be appropriate), together with a copy or copies for service. The Clerk shall unless otherwise provided by statute or by rules of court, list the matter or issue for hearing at a sitting of the Court, record the place, date and time of hearing on each document and, having signed and dated the same, shall issue them to the applicant for service.

— Court to which returnable

3. Every summons issued under this Order shall require the appearance of each person to whom it is directed at a sitting of the Court having jurisdiction to deal with the matter or issue set out in the summons, provided that such sitting shall be a sitting of the Court for the court area to which such Clerk is assigned and shall be within the district in which a Judge of the District Court has jurisdiction in relation to the matter or issue aforesaid.

— Service of lodgment of

4. Save where otherwise provided, the provisions of Order 10 (Service of Documents) of these Rules shall mutatis mutandis apply to summonses signed and issued in proceedings to which this Order relates.

— Order 15 (in part) to apply to

5. The provisions of rules 4, 5, 6, 7, 8 and 9 (with any necessary modifications) of Order 15 of these Rules shall apply to summonses signed and issued in proceedings to which this Order relates.

Provisions relating to the issue of summonses in respect of offences* are contained in Order 15 of these Rules.

PART IV APPEALS AND CASES STATED

ORDER 100

*APPEALS TO THE DISTRICT COURT

Notice of appeal

1. (1) Whenever an appeal to the District Court from any notice given or served or from any decision or direction given in any matter is authorised by statute and no procedure in relation to such appeal is provided by statute or by rules of court, such appeal shall be preceded by the issue and service of a notice of appeal in the Form 100.1 Schedule D (or such modification thereof as may be appropriate).

• (2) Such notice of appeal shall be served upon the respondent (i.e. the person who gave the notice, decision or direction from which the appeal is brought) and upon every other person directly affected by the appeal. Unless otherwise provided, the notice may be served in accordance with the provisions of Order 10 of these Rules—

—within fourteen days from the day on which the notice appealed from was served or the decision or direction first came to the knowledge of the appellant, and

—at least fourteen days before the date of the sitting of the Court to which the notice of appeal is returnable.

• (3) When service has been effected, the appellant shall lodge with the Clerk the original of the notice of appeal, together with a statutory declaration as to service thereof.

Copy documents to be lodged

2. The appellant shall also lodge with the Clerk a copy of the notice, decision or direction appealed from and, where appropriate, copies of any other documents or exhibits used in relation thereto.

Court may direct service

3. The Court hearing the appeal may, if it considers it proper to do so, direct that the notice of appeal be served upon any person not already served.

Order of the Court

4. The order of the Court on hearing the appeal shall be in the Form 100.2 Schedule D (or such modification thereof as may be appropriate).

• Note

Provisions for appeals to the District Court under the

— Betting Act, 1931 are referred to in Order 64 of these Rules.

— Gaming and Lotteries Act, 1956 are contained in Order 66 of these Rules.

— Street and House to House Collections Act, 1962 are contained in Order 88 of these Rules.

— Wildlife Act, 1976 are contained in Order 89 of these Rules.

— Fire Services Act, 1981 are contained in Order 92 of these Rules.

— Housing (Private Rented Dwellings) Act, 1982 are contained in Order 93 of these Rules.

— Road Traffic Acts, 1961 to 1987 are contained in Order 97 of these Rules.

— Safety Health and Welfare at Work Act, 1989 are prescribed in regulations entitled "District Court ( Safety, Health and Welfare at Work Act, 1989 ). Regulations, 1989" ( S.I. No. 275 of 1989 ).

ORDER 101

APPEALS TO THE CIRCUIT COURT

Form of notice, time for service

1. Every appeal to the Circuit Court from a decision of the District Court shall be by notice of appeal (Form 101.1 or 101.2 Schedule D) which shall be served upon every party directly affected by the appeal within fourteen days from the date on which the decision appealed from was given.

Lodgment of notice

2. The appellant shall, within the said period of fourteen days, lodge the original of the notice of appeal, together with a statutory declaration as to service thereof, with the Clerk for the court area within which the case was heard.

Ex parte applications

3. A notice of appeal from the refusal of an ex parte application shall be a two days' notice and it shall not be necessary to serve any person.

Recognisance at discretion of Court

4. Subject to the provisions ofO.12, r. 20 of these Rules, a recognisance for the purpose of appeal shall be at the discretion of the Court and where a recognisance is required the Court shall fix the amount of the recognisance in which the appellant and the surety or sureties, if any, are to be bound. A sum of money equivalent to the amount of the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with one of the Forms 101.3, 101.4, 101.5, 101.6, Schedule D, as the case may be, and shall be entered into within the fourteen day period fixed by rule 1 of this Order.

Stay of execution in civil cases etc.

5. Except in cases of appeals from orders committing to prison under the Enforcement of Court Orders Acts, 1926 and 1940, or unless otherwise provided, an appeal shall not operate as a stay of execution in civil proceedings or in Summary proceedings of a civil nature unless the Court shall so order and then only upon such terms as the Court may fix.

Stay of execution in criminal cases, etc.

6. An appeal shall operate as a stay of execution in criminal proceedings and orders committing to prison under the Enforcement of Court Orders Acts, 1926 and 1940. Where, however, the Court requires a recognisance, an appeal shall not operate as a stay of execution unless the recognisance is entered into within the said period of fourteen days. The appellant, if in custody, shall be released upon the notice of appeal being given and the recognisance, if any, being entered into. In any case where a monetary penalty has been imposed on the appellant, the Court may, upon the expiration of the time allowed by the order for payment of the penalty, issue the warrant of committal in default of payment, unless the appellant shall have entered into the recognisance.

Where party is in custody

7. A party desiring to appeal, if in custody, shall be supplied with the necessary forms by the Governor of the prison or other place of detention or the Superintendent or Inspector of the Garda Síochána in whose custody that party is. When completed, such forms shall be transmitted forthwith by such Governor, Superintendent or Inspector, as the case may be, to the Clerk and the notice of appeal to be served upon the opposing party shall be served by a member of the Garda Síochána, who shall make the statutory declaration required by this Order, and such declaration shall be lodged with the Clerk.

Service upon solicitor

8. Whenever the party to be served with a notice of appeal has appeared by a solicitor at the hearing, all notices and other documents to be served upon such party may be served upon the solicitor by whom such party so appeared, and such service may be effected by leaving the documents at the office of such solicitor.

Mode of service

9. The mode of effecting service of any notice of appeal upon a party who shall not have appeared by a solicitor as aforesaid, shall be by serving it personally upon such party, or by leaving it at the residence, office, or place of business of such party, with a clerk, servant, wife, husband, child or other person therein over the age of sixteen years or by posting it in a registered envelope addressed to such party at his or her last known residence, office or place of business, and proof of such service shall be by statutory declaration which, when made, shall be lodged with the clerk.

Lodgment of documents

10. Where, under this Order, any document is required or authorised to be lodged with the Clerk, or any notice is required or authorised to be given to the Clerk, the same may be lodged or given by leaving the document or notice with the Clerk or by forwarding the same by prepaid post to the Clerk and, in such latter case, the date of lodgment or receipt shall be the day of the actual receipt of the document or notice by the Clerk.

Warrant not to issue pending appeal — if issued to be returned

11. In criminal cases and in cases of orders for committal to prison under the Enforcement of Court Orders Acts, 1926 and 1940, where an appeal is lodged and the recognisance, if any, is entered into, and the warrant to execute the Order has not been issued, such warrant shall not be issued until the appeal is decided or the appellant has failed to perform the condition of the recognisance, as the case may be. If the warrant has been issued but not executed, the Clerk shall forthwith notify the' Superintendent of the Garda Síochána that an appeal has been lodged and a recognisance, if any, entered into, and such Superintendent shall return the warrant to such Clerk for cancellation by the Court.

Clerk to send certificate to County Registrar

12. In every appeal, other than an appeal in a civil case, the Clerk shall sign and transmit to the County Registrar, together with the documents specified in Order 43, rule 1 of the Rules of the Circuit Court, 1950 ( S.I. No. 179 of 1950 ), a certificate which shall be in accordance with Form 101.8, Schedule D.

Execution of orders after appeal

13. When Form 101.7, referred to in rule 12, is returned with the County Registrar's certificate duly completed thereon, and if the Circuit Judge has not caused the necessary warrant to enforce the order to be issued, the Clerk shall forthwith prepare and the Judge of the District Court shall issue the necessary warrant or warrants and take all further steps required for the execution of the conviction or order as confirmed or varied and for the enforcement of payment of any costs, compensation or expenses awarded by the Circuit Judge. In criminal cases the Superintendent of the Garda Síochána shall inform the Clerk of any case in which the Circuit Judge has not caused the necessary warrant to be issued.

ORDER 102

CASES STATED

• (A) *Cases stated for the Supreme Court

Definition

1. In this Order—

"the Act" means the Malicious Injuries Act, 1981 (No. 9 of 1981).

Notice of application

2. (1) An application pursuant to section 18 (2) (a) of the Act to state and sign a case for the opinion of the Supreme Court shall be by notice in the Form 102.1 Schedule D.

— lodgment of

• (2) Such notice shall, when completed, be lodged by the applicant for the case stated or the solicitor for the applicant with the Clerk for the court area in which the proceedings were heard and determined within fourteen days after the determination.

— service of

• (3) A copy of the notice shall, within the said fourteen days, be served by registered post upon every other party to the proceedings and upon any ratepayer who appeared and was heard in the proceedings, and where the application is made by a ratepayer a copy of the notice shall be served in like manner upon each of the parties.

Determination to be suspended

3. When an application referred to in rule 2 (1) is made, the determination in respect of which it is made shall be suspended—

( a ) where the application is granted, or where the application is refused and an appeal against the refusal is allowed, until the case stated has been heard and determined,

( b ) where the application is refused and an appeal against the refusal has not been lodged, until the expiration of fourteen days after the refusal.

Question of law arising during the hearing adjournment of proceedings

4. Where the Court, whether on its own motion or upon request, states a case pursuant to section 18 (1) (a) of the Act for the opinion of the Supreme Court on any question of law arising during the hearing of proceedings under the Act, it shall adjourn suchproceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of fourteen days from the day upon which the decision of the Supreme Court shall be given.

Preparation of case stated

5. Where the Court grants an application for, or a request for, a case stated pursuant to section 18 of the Act, or decides on its own motion to state a case, the Judge shall prepare and sign such case within six months from the date of the application, request or decision. To secure agreement between the parties as to the facts, the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

*Further provisions relating to cases stated for the Supreme Court under the Act are contained in Order 110 of the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ).

Refusal to state a case

6. Where the Court refuses to state a case, the Clerk shall send to the applicant for such case stated a certificate of refusal in the Form 102.2 Schedule D and shall send a copy of such certificate to every other party and to any ratepayer who appeared and was heard in the proceedings.

• (B) *Cases stated for the High Court

Definitions

7. In this Order

"the Act of 1857" means the Summary Jurisdiction Act, 1857 (20 and 21 Vict. cap. 43);

"the Act of 1961" means the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961).

Appeal — notice of application

8. (1) An application pursuant to section 2 of the Act of 1857 (as extended by section 51 (1) of the Act of 1961) to state and sign a case for the opinion of the High Court shall be by notice in the Form 102.3 Schedule D.

— lodgment of notice

• (2) Such notice shall, when completed, be lodged by the appellant or by the solicitor for the appellant with the Clerk for the court area in which the proceedings were heard and determined within fourteen days after the determination.

— service of notice

• (3) A copy of the notice shall, within the said fourteen days, be served by registered post upon every other party to the proceedings.

recognisance

9. The appellant shall, subject to the provisions of O.12, r. 20 of these Rules, within fourteen days after the determination enter into a recognisance, in the Form 102.4 Schedule. D, before a Judge of the District Court, with or without a surety or sureties and in such sum or sums as the Judge may determine.

— determination to be suspended

10. When an application referred to in rule 8 (1) is made, the determination in respect of which it is made shall be suspended—

( a ) where the Judge grants the application, until the case stated has been heard and determined, and

( b ) where the Judge refuses to grant the application, until he or she so refuses.

Question of law arising during the hearing — adjournment of proceedings

11. (1) Where a Judge, on request being made to him or her pursuant to section 52 of the Act of 1961 or without request, refers any question of law arising in any proceedings before him or her to the High Court for determination, such Judge shall adjourn the proceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of fourteen days from the day upon which the decision of the High Court shall be given.

Judge may require party to enter recognisance

• (2) Whenever a Judge shall adjourn proceedings under this rule he or she may, before so adjourning, in his or her discretion require the party requesting the case stated to enter into a recognisance before such Judge with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4 Schedule D, and when completed it shall be lodged with the Clerk.

In civil cases or in cases of summary jurisdiction of a civil nature such party may, in lieu of entering into a recognisance, lodge with the Clerk the sum determined by the Judge and the Clerk shall retain the same until the Judge shall finally adjudicate upon the proceedings or shall sooner order in relation to such sum.

— where party is in custody

• (3) Whenever a Judge shall adjourn proceedings under this rule, he or she may allow to go at large any person who is in custody in or in connection with the proceedings, or may commit such person to prison by warrant, or may in his or her discretion discharge such person on entering into a recognisance with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4 Schedule D and, when completed, it shall be lodged with the Clerk.

Preparation of case stated

12. Where a Judge grants an application pursuant to section 2 of the Act of 1857 or a request pursuant to section 52 of the Act of 1961, or decides pursuant to the said section 52 to refer, without request, a question of law to the High Court for determination, such Judge shall prepare and sign the case stated within six months from the date of the application, request or decision. To secure agreement between the parties as to the facts the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

Applicant to receive the case From the Clerk

*13. When the case has been stated and signed, the appellant or the party requesting the case stated shall forthwith receive the case stated from the Clerk.

Where case stated without request — Clerk to notify parties and transmit case to High Court

*14. Where a Judge refers a question of law arising in proceedings before him or her, without request, to the High Court for determination, and when the case has been stated and signed, the Clerk shall forthwith give notice in writing in the Form 102.5 Schedule D to each party in the proceedings, and shall then transmit the case stated to the Central Office of the High Court.

*Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ).

Refusal to state a case

15. Where a Judge considers that an application or a request for a case stated is frivolous, he or she may refuse to state a case and shall, on the request of the appellant or the party requesting the case stated, sign and cause to be delivered to him or her a certificate of refusal in the Form 102.6 Schedule D and cause a copy thereof to be served upon every other party to the proceedings. A Judge shall not refuse to state a case where application or request for a case stated is made by or under the direction of the Attorney General, the Director of Public Prosecutions, a Minister of the Government or a Minister of State, or the Revenue Commissioners.

SCHEDULE A RULES WHICH ARE ANNULLED BY THESE RULES

Rules, dated April 21st, 1904, made by the Lord Chancellor of Ireland, in pursuance of the General Dealers (Ireland) Act, 1903.

Amending Rules of August 14th, 1905

District Court Rules, 1942 (No. 2) ( S. R. & O. 1942 No. 144 )

District Court Rules (No. 1), 1947 (Rent Restrictions Act, 1946)

District Court Rules, 1948 ( S. R. & O. 1947 No. 431 )

District Court Rules (No. 2), 1948 ( S.I. No. 270 of 1948 )

District Court Rules (No. 3), 1948 ( S.I. No. 431 of 1948 )

District Court Rules, 1955 ( S.I. No. 83 of 1955 )

District Court Rules (No. 2), 1955 ( S.I. No. 84 of 1955 )

District Court Rules (No. 1), 1962 ( S.I. No. 7 of 1962 )

District Court Rules (No. 2), 1962 ( S.I. No. 8 of 1962 )

District Court (Gaming and Lotteries Act, 1956) Rules, 1962 ( S.I. No. 9 of 1962 )

District Court (Amending) Rules, 1962 ( S.I. No. 178 of 1962 )

District Court (Summary Judgment) Rules, 1963 ( S.I. No. 213 of 1963 )

District Court (Hire Purchase) Rules, 1963 ( S.I. No. 214 of 1963 )

District Court (Criminal Procedure Act, 1967) Rules, 1967 ( S.I. No. 181 of 1967 )

District Court (Charge Sheet) Rules, 1971 ( S.I. No. 225 of 1971 )

District Court (Courts Act, 1971) Rules, 1972 ( S.I. No. 68 of 1972 )

District Court (Counsel's Fees) Rules, 1973 ( S.I. No. 39 of 1973 )

District Court (Maintenance Orders Act, 1974) Rules, 1975 ( S.I. No. 58 of 1975 )

District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] Rules, 1976 ( S.I. No. 96 of 1976 )

District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] (Amendment) Rules, 1980 ( S.I. No. 268 of 1980 )

District Court [Family Law (Protection of Spouses and Children) Act, 1981] Rules, 1981 ( S.I. No. 246 of 1981 )

District Court (Interest on Decrees and Lodgments) Rules, 1982 S.I. No. 140 of 1982 )

District Court (Guardianship of Infants Act, 1964) Rules, 1982 ( S.I. No. 141 of 1982 )

District Court (Malicious Injuries Act, 1981) Rules, 1982 ( S.I. No. 149 of 1982 )

District Court [Fisheries (Consolidation) Act, 1959] Rules, 1982 ( S.I. No. 180 of 1982 )

District Court [Housing (Private Rented Dwellings) Act, 1982] Rules, 1982 ( S.I. No. 296 of 1982 )

District Court (Summons-Servers Fee) Rules, 1984 ( S.I. No. 119 of 1984 )

District Court [Criminal Justice (Community Service) Act, 1983] Rules, 1984 ( S.I. No. 327 of 1984 )

District Court (Gaming and Lotteries) Rules, 1984 ( S.I. No. 1 of 1985 )

District Court [Air Navigation (Eurocontrol) Acts, 1963 to 1983] Rules, 1984 ( S.I. No. 2 of 1985 )

District Court (Third Party Procedure) Rules, 1984 ( S.I. No. 3 of 1985 )

District Court (Criminal Procedure Act, 1967) Rules, 1985 ( S.I. No. 23 of 1985 )

District Court (Form of Summons) Rules, 1987 ( S.I. No. 23 of 1987 )

District Court (Malicious Injuries) Rules, 1987 ( S.I. No. 209 of 1987 )

District Court (Renewal of Intoxicating Liquor Licences) Rules, 1988 ( S.I. No. 145 of 1988 )

District Court (Status of Children Act, 1987) Rules, 1988 ( S.I. No. 152 of 1988 )

District Court (Criminal Justice Act, 1984) Rules, 1988 ( S.I. No. 158 of 1988 )

District Court [Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988] Rules, 1988 ( S.I. No. 173 of 1988 )

District Court (Costs) Rules, 1990 ( S.I. No. 67 of 1990 )

District Court (Costs) (Amendment) Rules, 1990 ( S.I. No. 194 of 1990 )

District Court (Social Welfare — Contribution towards Benefit or Allowance) Rules, 1992 ( S.I. No. 47 of 1992 )

District Court (Criminal Damage Act, 1991) Rules, 1992 ( S.I. No. 53 of 1992 )

District Court (Service of Summonses) Rules, 1992 ( S.I. No. 116 of 1992 )

District Court (Costs) Rules, 1992 ( S.I. No. 225 of 1992 )

District Court (Set-off or Counterclaim) Rules, 1992 ( S.I. No. 317 of 1992 )

District Court (Compensation Order) Rules, 1994 ( S.I. No. 63 of 1994 )

District Court (Service Abroad of Documents in Civil or Commercial Matters) Rules, 1994 ( S.I. No. 120 of 1994 )

District Court (Extradition) Rules, 1994 ( S.I. No. 266 of 1994 )

District Court (Child Care) Rules, 1995 ( S.I. No. 338 of 1995 )

District Court [Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995] Rules, 1995 ( S.I. No. 93 of 1996 )

General heading to be used for all forms:—

SCHEDULE B

O.2, r3 (3)

FORMS IN CRIMINAL PROCEEDINGS

No. 2.1

NOTICE OF ADJOURNMENT OF COURT

District Court Area	District No.

All and every person or persons concerned are hereby required to take notice that * (in pursuance of a direction received from the Judge of the District Court assigned to this District) * (in consequence of the Judge of the District Court assigned to this District not having been in attendance at the District Court appointed to be held here on this day within the time prescribed) I, as Clerk for the above-mentioned court area, do hereby adjourn the holding of this Court to the day of 19 , at .m. and all and every person or persons summoned, or bound by recognisance to attend this Court to be held here today, are hereby bound and required to attend as aforesaid without any further notice.

• delete whichever inapplicable

Dated this	day of	19 .	19 .	19 .
			Signed ....................................................	Signed ....................................................
			Clerk of the District Court	Clerk of the District Court

O.10, r.16, 17A

No. 10.1

STATUTORY DECLARATION AS TO SERVICE BY REGISTERED PREPAID

POST PURSUANT TO *( SECTION 7 of THE COURTS ACT, 1964 )

*( SECTION 22 of THE COURTS ACT, 1991 )

I, ..................................................................................... of .............................................................................................

aged sixteen years and upwards, do solemnly and sincerely declare that I served this original document by posting a copy thereof at Post Office at am/pm on the day of 19 in a registered prepaid envelope addressed to the *accused/defendant/respondent // therein named at the address therein stated, and that the address to which such envelope was sent is the last known residence or most usual place of abode/place of business of the person to whom the document is directed,

The certificate of posting of the said envelope is attached hereto,

I am (the prosecutor/complainant/applicant/ / in the proceedings) (authorised by the person bringing/appealing the proceedings to post the said envelope),

At the time of posting the said envelope the original document was duly issued *and stamped,

The said envelope has not to this date been returned undelivered to the sender,

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

				Signed..............................
Declared before me by..............................................	Declared before me by..............................................	Declared before me by..............................................	Declared before me by..............................................	*(who is personally known to me)
*(who is identified to me by....................................	*(who is identified to me by....................................	*(who is identified to me by....................................	*(who is identified to me by....................................	*who is personally known to me)
at .................................................... in the County of	at .................................................... in the County of	at .................................................... in the County of	at .................................................... in the County of	at .................................................... in the County of
this	day of	19 .	19 .	19 .
				Signed...........................................................................
				Judge of the District Court (or) Peace Commissioner.

NOTES

This declaration shall be made not earlier than ten days after the day on which the envelope is posted.

• Delete words or clauses which are not applicable.

O.10, r.16

No. 10.2

STATUTORY DECLARATION AS TO SERVICE BY PREPAID REGISTERED

POST PURSUANT TO SECTION 7 of THE COURTS ACT, 1964

I, ..................................................................... of ....................................................................................................

...................................... do solemnly and sincerely declare that I served this original document by posting a copy thereof at Post Office at a.m./p.m. on the day of 19 in a registered prepaid envelope addressed to the Respondent therein named at the address stated therein, there being no Summons Server standing assigned to such area by the County Registrar for the county in which such area is situate, and the address to which such envelope was sent is the last known residence/place of business of the Respondent.

The certificate of posting of the said envelope is attached hereto.

I am /the Applicant/Applicant's solicitor authorised by the Applicant to post the said envelope.

At the time of posting of the said envelope the original document was duly stamped.

The said envelope has not to this date been returned undelivered to the sender.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

				Signed..............................
Declared before me by................................................	Declared before me by................................................	Declared before me by................................................	Declared before me by................................................	*(who is personally known to me)
*(who is identified to me by......................................	*(who is identified to me by......................................	*(who is identified to me by......................................	*(who is identified to me by......................................	*who is personally known to me)
at.................................................. in the County of	at.................................................. in the County of	at.................................................. in the County of	at.................................................. in the County of	at.................................................. in the County of
this	day of	19 .	19 .	19 .
				Signed................................................................................
				Judge of the District Court (or) Peace Commissioner.

Note:- This declaration shall be made not earlier than ten days after the day on which the envelope is posted.

O.10, r16, 17A

No. 10.3

STATUTORY DECLARATION AS TO SERVICE BY POST

I, ..................................................................... of ....................................................................................................

aged 16 years and upwards, do solemnly and sincerely declare that I served this original document by posting a copy thereof at Post Office at a.m./p.m. on the day of 19 , in a [image omitted] prepaid envelope addressed to the *Respondent/Defendant therein named at the address stated therein

*(in pursuance of an order of the Court dated day of 19 )

*The certificate of posting of the said envelope is attached hereto.

The said envelope has not to this date been returned undelivered to the sender AND

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

				Signed..............................
Declared before me by.............................................	Declared before me by.............................................	Declared before me by.............................................	Declared before me by.............................................	*(who is personally known to me)
*(who is identified to me by ....................................	*(who is identified to me by ....................................	*(who is identified to me by ....................................	*(who is identified to me by ....................................	*who is personally known to me)
at.................................................... in the County of	at.................................................... in the County of	at.................................................... in the County of	at.................................................... in the County of	at.................................................... in the County of
this	day of	19 .	19 .	19 .
				Signed..................................................................
				Judge of the District Court (or) Peace Commissioner.

• Delete where inapplicable.

No. 10. 4

O.10, r.16

STATUTORY DECLARATION AS TO SERVICE

I, .............................................................................................................................................

of ...........................................................................................................................................

do solemnly and sincerely declare that I duly served this original document on the day of 19 , by handing a copy thereof to*

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .