S.I. No. 510/2001 - Circuit Court Rules, 2001

The powers of the Court shall include power to 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 shall deem meet, any act or proceedings under this Act or under this Order.

Every application under Section 19 Sub-section 4 of the Act shall be instituted by originating Motion on notice in accordance with Form 33B in the Schedule of Forms, or such modification thereof as may be appropriate and shall be served by registered letter or in any of the modes in which a Civil Bill may be served, provided that such service need not be effected by a Summons Server.

The County Registrar shall keep a book, to be called the Malicious Injuries Book, in which he shall enter each Motion issued under this Order for compensation for malicious injury in the order in which it shall be received by him, and shall set out therein the ruling of the Court in each case.

Every Decree for compensation, or refusal to award compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses' expenses) shall be inserted therein. Such Decree or refusal shall be in accordance with Forms 33C or 33D of the Schedule of Forms as may be appropriate.

The Court shall have power to award costs and to measure the same, or alternatively to direct the same to be taxed by the County Registrar, except insofar as the same are provided for by Regulations made under Section 15 Sub-Section 2 of the Act. Such taxation shall be in accordance with such scale as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66 Rule 5.

An application for compensation for criminal injuries under Section 106 of the Grand Jury (Ireland) Act, 1836, as amended by Section 5 of the Local Government (Ireland) Act, 1898, shall be made in the County where the injury was committed in accordance with Form 34B of the Schedule of Forms annexed hereto.

In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative provided that the preliminary notice hereinafter required may be served by or on behalf of some one or more of his next of kin.

Within fourteen days from the commission of a criminal injury, the applicant, or someone acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the Court for compensation to be served on the County Secretary or Town Clerk of the Local Authority for the area where the injury was committed and upon the Member in Charge of the Garda Síochána Station for the place where such injury was committed. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed and shall be in accordance with Form 34A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate.

The costs, as between party and party shall be measured by the Court or shall be referred to the County Registrar for taxation according to such scales as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66 Rule 5 of these Rules.

Save as is hereinbefore provided, the provisions of Order 52, except Rules 6, 7 and 10 thereof, shall apply, mutatis mutandis, to applications for compensation for criminal injury to the person as they apply to applications for compensation for malicious injury.

In this Order, “the Act” means the Companies (Amendment)(No. 2) Act, 1999 (No. 30 of 1999).

All applications for the restoration of companies to the register of companies which may be made before the Court under the Act shall be by originating Notice of Motion grounded upon Affidavit. Every Motion issued under this Order shall name as the plaintiff the creditor making the application or the registrar of companies as appropriate. Where the application is made by a creditor, the application shall be made to the Judge of the Circuit Court for the circuit in which the registered office of the company was, immediately before it was struck off the register, situated or, if no office was registered at that time, for the circuit in which the creditor resides or, in case the creditor resides outside the State, for the Dublin Circuit. Where application is made by the registrar of companies, the application shall be made to the Judge of the Circuit Court for the Dublin Circuit.

Every Motion issued under this Order and every notice required under Section 12B(3) or 12B(7) of the Companies (Amendment) Act, 1982 (as amended by the Companies Act, 1990 ) shall be served by registered post, or in any of the modes in which a Civil Bill may be served.

This Rule shall not apply to the Dublin Circuit. Every Motion issued under this Order shall state the date of commencement of the Sittings at which it is intended that the Motion shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the Office by the plaintiff not later than ten days before the commencement of such Sittings.

This Rule shall apply only to the Dublin Circuit. Every Motion shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the plaintiff at the Office not later than ten days before such date.

Non-compliance with these Rules shall not render any Proceedings void unless the Court shall so direct.

The powers of the Court shall include power to 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 shall deem meet, any act or proceedings under this Act or under this Order.

The Court shall make such Order in respect of costs as it thinks fit.

An Appeal to the Circuit Court under Section 72 of the Housing Act, 1966 (No.21 of 1966) , shall be commenced by the issue of a Civil Bill being a Housing Civil Bill in accordance with Form 2J of the Schedule of Forms annexed hereto and the general rules as provided for herein shall apply thereto.

The appellant shall be the plaintiff and the Local Authority shall be the defendant.

The Judge may inspect the premises to which the proceedings relate in any case in which he thinks that such inspection is desirable.

An application to the Court for an Order determining a lease under Section 73 of the Housing Act, 1966 , (No.21 of 1966), shall be commenced by the issue of a Housing Civil Bill in the form aforementioned and the general rules as provided for herein shall apply thereto.

The applicant shall be the plaintiff and the other party to the lease shall be the defendant.

Where the plaintiff is the lessee of any premises, he shall join as plaintiff any person to whom he has sublet, or has mortgaged, the premises, and who consents in writing to be so joined, and as defendant any person to whom he has sublet, or has mortgaged, the premises and who does not so consent.

The costs of any action to which this Order applies shall be such as the Judge shall direct at the hearing and the Judge may direct the taxation of same in such manner as he thinks fit.

In this Order, “The Act” means the Housing (Miscellaneous Provisions) Act, 1979 , (No. 27 of 1979) and “the Minister” means the Minister for the Environment and Local Government.

An appeal to the Circuit Court under Section 18(5) of the Act shall be commenced within the time set out in Section 18(5) of the Act by the issue and filing of a Civil Bill being a Housing Civil Bill, in accordance with Form 2K of the Schedule of Forms annexed hereto, or such modification thereof as shall be appropriate. There shall be filed with any such application a copy of the decision of the Minister to which such application relates. In default of such filing, the Defendant may himself file such application, together with a copy of the said decision, and thereupon or at any time thereafter, the Judge may make such Order as to him shall seem right.

The Appellant shall be the plaintiff and the Minister shall be the defendant.

Applications shall be brought in the County in which the house concerned is situate, or, with the consent of the Minister, in any other County.

All applications shall be served either by sending the same, by prepaid registered post addressed to the Minister, or by leaving the same at the office of the Minister, in an envelope addressed to the Minister.

This Rule shall not apply to Dublin. Every application shall state the date of commencement of the sittings at which it is intended that the application shall be listed for hearing, and shall be filed by the plaintiff not later than twenty-one days before the commencement of such sittings.

This Rule shall apply only to the Dublin Circuit. Every application shall state the date on which it is desired that the application shall be listed for hearing and shall be filed by the plaintiff not later than twenty-one days before such date.

Upon the filing in accordance with these Rules of an Housing Civil Bill, the County Registrar shall enter the same for hearing.

All applications shall be dated, and bear the name and address for service of the applicant and shall be signed by his Solicitor, if any, or, if none, by himself.

Save by special leave of the Court, all applications under the Act shall be heard upon oral evidence.

In every application to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

In this Order “the Act” means the Local Government (Planning and Development) Act, 1963 .

(a) An appeal to the Circuit Court under Section 21 of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 35A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate, and shall be called an action.

(a) An application to the Court for an extension of time within which to make a claim for compensation under Part IV of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 35B of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate, and shall be called an action.

(b) The applicant shall be the plaintiff and the Planning Authority shall be the defendant.

In every action the Notice of Motion shall be served no later than 14 days prior to the return date thereon, in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules.

Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the Office not later than 21 days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.

This Rule shall apply only to the Dublin Circuit. Every Notice of Motion shall state the date upon which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the Office not later than 21 days before such date.

Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or, if none, by himself.

Upon the filing in accordance with these Rules of a Notice of Motion the County Registrar shall enter the same for hearing.

If a defendant wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Notice of Motion, serve on the plaintiff and any other parties a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate, and such Defence shall be delivered to the plaintiff within seven days after the date of the last service thereof.

Save by special leave of the Court every action under the Act shall be heard upon oral evidence.

In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

In this Order “the Act” means the Local Government (Planning and Development) Act, 1976 , (No. 20 of 1976), and “Development Certificate” has the meaning assigned to it by Section 29 Sub-Section 7(b) of the Act.

All applications by way of an Appeal against the refusing or granting of a Development Certificate under Section 29 Sub-Section 11 of the Act and all applications for an Order under Section 29 Sub-Section 13 of the Act shall be brought by way of Civil Bill being a Planning Civil Bill in accordance with Form 2L of the Schedule of Forms annexed hereto, with in each case such modifications thereof as may be appropriate in the circumstances. There shall be filed with each such Application a copy of any Development Certificate granted or a copy of any notification of decision to refuse a Development Certificate together with in each case a copy of the relevant Grant of Planning Permission. In default of such filing the respondent may himself file the same and thereupon or at any time thereafter the Judge may make such Order as to him shall seem right.

Applications under this Order shall be brought in the County where there is situate either the place in relation to which the application is being made or the Offices of the relevant Planning Authority.

The relevant Planning Authority shall be named as a defendant to every Planning Civil Bill. In addition, in every case where the plaintiff is a person other than the person who has applied to the Local Authority for the grant of a Development Certificate, the latter person shall be added as a defendant.

All Planning Civil Bills shall be served in accordance with the provisions of Order 11 of these Rules. Service of a Planning Civil Bill upon a Planning Authority shall be effected by sending the same by prepaid registered post to the office of the Planning Authority, addressed to the County Secretary or Town Clerk thereof, as may be appropriate.

All Planning Civil Bills under Rule 2 of this Order shall be dated and bear the name, address and description of the plaintiff and shall be signed by the plaintiff's Solicitor, if any, or, if none, by himself.

If any defendant wishes to dispute wholly or partly the claim of the plaintiff, he shall within ten days after service on him of the Civil Bill enter an Appearance and within a further ten days thereafter serve on the plaintiff and any other party a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto or as near thereto as the circumstances admit.

Upon the application on notice of any party, the Judge may order any other party to deliver further and better particulars of any matters stated in the Planning Civil Bill or Defence or to deliver copies of any document referred to therein or to deliver copies of any relevant Development Certificate, Planning Permission or notification of refusal to grant Development Certificate. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such Order the Judge may deal with the matter as to him shall seem right.

Save by special leave of the Court all Applications made under Rule 2 of this Order shall be heard on oral evidence.

In every case where the Court shall make an Order directing the issuance of a Development Certificate, the County Registrar shall cause to be served upon the relevant Planning Authority a copy of the Order of the Court and the service of such copy Order shall be deemed to be a sufficient communication to the Planning Authority, a sufficient direction to issue the Development Certificate and a sufficient transmission of such Certificate as may be described in the said Order.

In this Order

An application under this Order shall be brought in the County in which the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or where the land or development sought to be affected or any part thereof is situate.

(a) An application for an Order under Section 27 of the 1976 Act, as amended by Section 19(4)(g) of the 1992 Act, shall be by motion on notice to the person against whom relief is sought, subject to the provisions of Rule 3(b) hereof in accordance with Form 35C of the Schedule of Forms annexed hereto.

The Notice of Motion shall be entitled in the matter of the Act on the application of the person bringing the application; shall state the relief sought; describe the land or development sought to be affected: shall state the name and place of residence or address for service of the person seeking relief: the date upon which it is proposed to apply to the Court for relief: and shall be filed in the Office of the Court for the County in which the application is being brought in accordance with Rule 2 hereof (hereinafter referred to as “the appropriate Office”).

Subject to the provisions of Rule 3 hereof and without prejudice to the power of the Court to make an order for substituted service, notice of the motion shall be given to the person against whom the relief is sought (the defendant); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose or may dismiss the application.

There must be at least ten days between the service of the notice and the day named therein for the hearing of the motion.

(a) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of the motion under Rule 3 shall be by affidavit.

Pending the determination of an application under Section 27 of the 1976 Act, as amended by Section 19(4)(g) of the 1992 Act, the Court on the application of the plaintiff or the defendant, by interlocutory order, (or if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte) may make any order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate, necessary or expedient.

In this Order, “the Acts” mean the Unfair Dismissals Acts, 1977-1993, (No. 10 of 1977, No. 5 of 1991 and No. 22 of 1993), “The Tribunal” means the Employment Appeals Tribunal, and “The Minister” means the Minister for Enterprise, Trade and Employment.

All applications under Section 10 of the 1977 Act or under Section 11 of the 1993 Act whether by way of claim for redress by the Minister or by way of claim for enforcement or by way of appeal from the Tribunal shall be made by way of Motion on Notice which shall set out the grounds upon which the plaintiff is relying for the reliefs sought. Such applications shall be in accordance with Form 36A of the Schedule of Forms annexed hereto.

Applications shall be brought in the County where the employer concerned ordinarily resides or carries on any profession, business or occupation.

All applications shall be served no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the defendant before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such Solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.

Notice of every application shall be given to the Tribunal. Such notice shall be effected before the filing of the application by the delivery of a copy of the application at, or by sending same by prepaid registered post to, the Office of the Secretary of the Tribunal.

The following documents shall be filed with the application:-

Every application made by way of an appeal from a determination of the Tribunal shall contain a statement of the grounds upon which the applicant intends to rely. If the plaintiff wishes to appeal against part only of a determination of the Tribunal, the application shall clearly identify that part against which it is intended to appeal.

All applications shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or, if none, by himself.

Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the application, or to deliver copies of any documents referred to therein.

Save by special leave of the Court or save as otherwise provided for by the Acts, all applications under the Acts shall be heard upon oral evidence.

The Court may make such Order as to costs as may be appropriate, having regard to the provisions of Section 10 of the 1977 Act, including an Order measuring the costs.

The Secretary of the Tribunal shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

In this Order “the Act” means the Payment of Wages Act, 1991 (No. 25 of 1991), and “the Tribunal” means the Employment Appeals Tribunal and “Commissioner” means a rights commissioner.

Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal shall, pursuant to Section 8 of the Act, be made by way of Motion on Notice in accordance with Form 36B of the Schedule of Forms annexed hereto which shall set out the grounds upon which the applicant relies for the reliefs sought and shall have annexed thereto:-

Applications shall be brought in the County where the person in whose favour the decision or determination was made, ordinarily resides.

All applications shall be served no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the defendant before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such Solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.

Notice of every application shall be given to the Tribunal and the Commissioner. Such notice shall be effected by the delivery of a copy of the application at, or by sending same by prepaid registered post to, the Office of the Secretary of the Tribunal or the Office of the Secretary of the Labour Relations Commission, as appropriate.

Save by special leave of the Court, all applications under Section 8 of the Act shall be heard upon oral evidence or as may be determined by the Court.

The Court may make such Order as to costs as may be appropriate.

The Secretary of the Tribunal and the Secretary of the Labour Relations Commission shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive copy of any written Judgment delivered by the Judge relating thereto.

In this Order “the Act” means the Adoptive Leave Act, 1995 (No. 2 of 1995), and “the Tribunal” means the Employment Appeals Tribunal and “Commissioner” means a rights commissioner and “the Minister” means the Minister for Justice, Equality and Law Reform.

Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to Section 39 of the Act, be made by way of Motion on Notice in accordance with Form 36C of the Schedule of Forms annexed hereto which shall set out the grounds upon which the plaintiff relies for the reliefs sought and shall have annexed thereto:-

Applications shall, in accordance with section 39(4) of the Act, be brought in the County where the relevant employer ordinarily resides or carries on any profession, business or occupation.

All applications shall be served no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the defendant before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such Solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.

Notice of every application shall be given to the Tribunal and the Commissioner. Such notice shall be effected before filing of the application by the delivery of a copy of the application at, or by sending the same by prepaid registered post to, the Office of the Secretary of the Tribunal or to the Rights Commissioner, Labour Relations Commission, as appropriate.

Save by special leave of the Court, all applications under Section 39 of the Act shall only be heard upon oral evidence or as may be determined by the Court.

The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

In this Order, “the Act” means the Organisation of Working Time Act, 1997 (No. 20 of 1997), “a determination of the Labour Court” shall be interpreted having regard to the provisions of Section 29(2) of the Act and “the Minister” means the Minister for Enterprise. Trade and Employment.

All applications under Section 29 of the Act by way of claim for enforcement of determinations of the Labour Court by the Minister or by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member shall be made by way of Motion on Notice in accordance with Form 36D of the Schedule of Forms annexed hereto with such amendments as are appropriate which shall set out the grounds upon which the Applicant relies for the reliefs sought and which shall have annexed thereto:-

Applications shall be brought in the County where the employer concerned ordinarily resides or carries on any profession, business or occupation.

Notice of every application shall be given to the employer or employers in question and to the Labour Court by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 11 of these Rules, or by leaving a true copy of same at the employer's residence or place of business or by pre-paid registered post to the employer's residence or place of business and, in the case of the Labour Court, by leaving a true copy of same at the Labour Court.

Save by special leave of the Court, all applications under Section 29 of the Act shall be heard upon oral evidence or as may be determined by the Court.

The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

The Registrar of the Labour Court shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

In this Order “the Act” means the Parental Leave Act, 1998 (No. 30 of 1998), and “the Tribunal” means the Employment Appeals Tribunal and “Commissioner” means a rights commissioner and “the Minister” means the Minister for Justice, Equality and Law Reform.

All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as application made or proceedings taken in accordance with these Rules.

Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 22 of the Act, be made by way of Motion on Notice grounded upon Affidavit sworn by the party seeking enforcement of the decisions or determinations or, in the case of the Minister, by an appropriate officer duly authorised by the Minister, which said Affidavit shall exhibit

Applications shall, in accordance with section 22(4) of the Act, be brought in the County where the relevant employer ordinarily resides or carries on any profession, business or occupation.

Notice of every application shall be given to the employer or employers in question and to the Tribunal and the Commissioner as appropriate by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 10 of the Circuit Court Rules, 1950, as amended, or by leaving a true copy of same at the employer's residence or place of business or by pre-paid registered post to the employer's residence or place of business and by the delivery of a copy of the application at, or by sending the same by prepaid registered post to the Office of the Secretary of the Tribunal or to the Rights Commissioner, Labour Relations Commission, as appropriate.

Save by special leave of the Court, all applications under Section 22 of the Act shall only be heard upon Affidavit.

The Court may make such Order as to costs as may be appropriate.

In this Order “the Act” means the Local Elections (Petitions and Disqualifications) Act, 1974 (No.8 of 1974). “Local Election” has the meaning assigned to it by Section 1(1) of the Act.

A petition in the Court to question a local election shall be commenced by Civil Bill being an Election Civil Bill in accordance with Form 2M of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 3 to 6 thereof. Such petition shall be brought in the County in which is situate the principal office of the Local Authority to which the petition relates.

The plaintiff shall be the Petitioner and all persons who have been served with a copy of the Civil Bill pursuant to Section 4(1) of the Act shall be defendants.

All Election Civil Bills shall be served in accordance with the provisions of Section 26 of the Act and shall be subject to the same Rules as to filing as apply to all other categories of Civil Bill.

Each defendant/respondent shall within ten days of the service of the Civil Bill enter an Appearance and within a further ten days serve on the plaintiff/petitioner and file in the office a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

Save by special leave of the Court every proceeding under the Act shall be tried upon oral evidence.

The Court shall appoint a person to attend at the hearing of every proceeding and, where necessary, to make a report, and that person shall be known as the official stenographer.

Every appeal on a question of law to the Supreme Court by virtue of the provisions of Subsection 3 of Section 7 of the Act shall be by way of Case Stated. A party desiring to appeal to the Supreme Court must lodge a Notice of Intention to appeal with the County Registrar within fourteen days of the date of the order appealed against. Such notice shall be in accordance with Form 38A of the Schedule of Forms annexed hereto or such modification thereof as may be necessary.

Every appeal by way of case stated shall be in accordance with Form 38B of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

Every appeal by way of case stated shall be prepared by the appellant, settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:-

The Rules of the Superior Courts relating to service and entry of an appeal to The Supreme Court (contained in Order 58 thereof), shall be adopted and apply to service and entry of every appeal by way of case stated herein.

(1) The official stenographer shall at the conclusion of the hearing of the proceedings, sign the shorthand note taken by him and certify the same to be complete and correct.

Every application for the opinion of the Supreme Court on any question of law arising at the trial of an action by virtue of the provisions of Subsection 1 of Section 23 of the Act shall be by way of consultative case stated.

Every consultative case stated shall be in accordance with Form 38C of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

Every consultative case stated shall be prepared by the party applying for same or by the party nominated by the trial Judge and shall be settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:

The Rules of the Superior Courts relating to cases stated to the Supreme Court contained in Rule 2(2), of Order 59 thereof shall be adopted and apply to every consultative case stated herein.

(1) Every application to the Court for leave to withdraw an Election Civil Bill shall be by Notice of Motion in accordance with Form 38D of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 9 to 12 thereof.

An Application to the Court under Subsection (3) of Section 13 of the Act may be made ex parte.

In every proceedings to which this Order applies the Judge may make all such Orders as to costs as may be just and reasonable having regard to the provisions of Section 21 and 22 of the Act.

This Order provides for a special procedure for the determination of an application by the father to be appointed as guardian of an infant where:

Every application under this Order shall be brought in the County where the applicant or the infant to whom the application relates ordinarily resides or carries on any profession, business or occupation.

All proceedings under this Order shall be instituted by the issue, out of the Office, of an originating Motion.

All applications made with the consent in writing of the mother pursuant to section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987 ) shall be brought in accordance with Form 37E of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself.

On the issue of an originating Motion, a copy thereof shall be filed and the County Registrar shall thereupon enter the same and cause the same to be listed on the return date mentioned therein. It shall not be necessary in the first instance to give notice of the application to the mother save that, in cases where the mother has not completed a Statutory Declaration in Form 37F of the Schedule of Forms annexed hereto or a suitable modification thereof or in the absence of the appearance of the mother in Court on the return date, the Judge may in his discretion adjourn the said application and may direct that notice thereof be served upon the mother and may give such further or other directions as to the hearing of the said application as may to him seem appropriate in the circumstances of the case.

Every application under this Order shall be heard on oral evidence. It will be necessary for the applicant to produce suitable evidence of the consent in writing of the mother, and a certified copy of the entry in the Register maintained under the Births and Deaths Registration Acts, 1863 to 1987, showing that the applicant is registered as the father of the infant to whom the application relates.

Every application under this Order shall be heard otherwise than in public.

Every application under this Order shall be brought in the County where any party to the application ordinarily resides or carries on any profession, business or occupation, or, where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, before the Dublin Circuit.

All proceedings under this Order shall be instituted by the issue, out of the Office of the County Registrar, of a Family Law Civil Bill.

Every Family Law Civil Bill containing an application made pursuant to Section 35 of the Status of Children Act, 1987 , shall be brought in accordance with Form 2N of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his Solicitor, if any, or if none, by himself, save that where the applicant is under eighteen years of age on the date of the institution of proceedings, the Family Law Civil Bill shall bear the name, address and description of the next friend of the applicant and shall be signed by the Solicitor of the next friend, if any, or if none, by the next friend. Every Family Law Civil Bill issued pursuant to this Order shall contain the following information where applicable, and where not applicable, that fact shall be stated:

Any person or persons named as father or mother of the applicant shall be named as respondents to the proceedings, unless he or she is the next friend of the applicant for the purpose of the said application. If any person who would otherwise be named as respondent is not alive or is not available for service of proceedings within the jurisdiction, then the application may be made in the first instance without service on that person. In every case the Court may direct that notice of any proceedings under this Order shall be given to such person or persons as the Court thinks fit and the Court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings. Such notice shall be given by service upon such person to be notified of a true copy of Family Law Civil Bill and of notice of the making of the order directing the giving of such notice.

On the issue of a Family Law Civil Bill pursuant to this Order, a copy thereof shall be filed and the County Registrar shall thereon enter the same.

Every Family Law Civil Bill issued pursuant to this Order shall be served by sending a copy of the same by prepaid ordinary post addressed to the respondent (or party directed to be notified as aforesaid) at his last known place of residence, or alternatively, may be served personally on the respondent or such person to be notified by any person over the age of eighteen years. Service by post shall be deemed to have been effected on the second day following the day of posting. An affidavit of service of every Family Law Civil Bill shall be sworn and shall be filed in the Office. Where it is difficult or impossible to serve any such respondent or other person within the jurisdiction, the Court or the County Registrar may make an Order for substituted service or for service outside the jurisdiction of the said Family Law Civil Bill or notice thereof or for both substituted service and service outside the jurisdiction.

If the respondent or any person served with notice of the said Family Law Civil Bill or any person who has been made a party to the said proceedings wishes to dispute, wholly or in part, the claim of the applicant or any of the information set out on the Family Law Civil Bill, he shall, within ten days of the service on him of the said Civil Bill or within such further time as the Court may allow, serve upon the applicant or his Solicitor a Defence in Form 6A in the Schedule of Forms hereto or such modification thereof as may be appropriate. A true copy of such Defence shall be filed at the Office and served on every other party to the said proceedings within two days after the service thereof upon the applicant or his Solicitor. If default is made in serving and/or filing any Defence, the Court may on application made by Motion on notice to the party in default give judgment on the Civil Bill or direct that the application proceed on the footing that the matters set out in the Civil Bill be deemed to be admitted by the party in default, upon the Court being satisfied that the said party in default was served with notice of the said application at least four clear days prior to the hearing thereof.

On the return date fixed therefor, or on any adjourned date, the Court may give such direction or directions as it may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the provision of information, the sending of papers to the Attorney General, the adding of the Attorney General or any other person as a party to the proceedings, the notification of the application to any person, and any other matter in relation to which applications or directions are provided by Part VI of the Status of Children Act, 1987 .

Save where the Court otherwise directs, every proceeding under this Order shall be heard on oral evidence. On the hearing of every proceeding the Court may direct that the whole or any part thereof shall be heard otherwise than in public, and an application for a direction under this Rule shall be so heard unless the Court otherwise directs.

Every application made pursuant to section 35 (v) (for a direction that papers be sent to the Attorney General) or section 35 (vii) (ordering that a person be added as a party to the proceedings) of the Status of Children Act, 1987 , and every application for judgment pursuant to Rule 7 shall, without prejudice to the power of the Court to act of its own motion, be made by Motion on notice to such parties as are affected thereby, which notice shall be served at least four clear days before the hearing of such Motion. Service by post shall be deemed to have been effected on the second day following the day of posting.

Any declaration made under this Order shall be made in Form 37G of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. A copy of every declaration made under this Order shall be furnished by the County Registrar to An tÁrd-Chláraitheóir within ten days of the making of such declaration.

Every application made pursuant to Section 38 of the Status of Children Act, 1987 , for a direction for the use of blood tests shall, without prejudice to the power of the Court to make a direction of its own motion, be made by Motion on Notice in accordance with Form 37H of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. Such notice of motion shall be headed up with the title of the proceedings in which the application is brought and shall specify the name of the person whose parentage is in dispute and shall set out the full name and address and date of birth of each person from whom it is proposed that a blood sample be taken.

The notice of motion shall be served on every person from whom it is proposed that a blood sample be taken at least four clear days before the date fixed for the hearing thereof. Service by post shall be deemed to have been effected on the second day after the day of posting.

Every said application shall be heard on oral evidence, unless the Court otherwise allows or directs.

Every direction under section 38 (1) shall be in Form 371 of the Schedule of Forms annexed hereto.

Where blood samples have been tested pursuant to section 40 of the Act, no party to the proceedings shall, unless the Court otherwise directs, be entitled to call as a witness the person under whose control the blood samples were tested or any person by whom anything necessary for the purpose of enabling these tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves a notice in Form 37J of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate on the other parties to the proceedings or on such of them as the Court may direct, of his intention to call that person as a witness.

In this Order “the 1996 Act” means the Family Law (Divorce) Act, 1996 (No. 33 of 1996) and

Any proceedings under this Order shall be brought in the county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(a) All proceedings for divorce, judicial separation, relief after foreign divorce or separation outside the State, nullity, declarations of marital status, the determination of property issues between spouses pursuant to section 36 of the 1995 Act/formerly engaged couples pursuant to section 44 of the 1996 Act, relief pursuant to section 25 of the 1995 Act, section 18 of the 1996 or section 15A of the 1995 Act, relief pursuant to the 1964 Act, relief pursuant to the 1997 Act, relief pursuant to the 1976 Act or relief pursuant to the Second 1976 Act under this Order shall be instituted by the issuing out of the office of the County Registrar for the appropriate county of the appropriate Family Law Civil Bill in accordance with Form 2N of the Schedule of Forms annexed hereto with such modifications thereto as may be appropriate in the format and manner hereinafter provided save that no Family Law Civil Bill for relief after foreign divorce or separation outside the State shall be issued until requirements set down in Rule 4(b) of these Rules have been complied with. Upon issue, the Family Law Civil Bill shall be served in a manner provided for hereunder.

Every Family Law Civil Bill shall be in numbered paragraphs setting out the relief sought and the grounds relied upon in support of the application. The Civil Bill shall be in accordance with the form set out in Form 1 herein or such modification thereof as may be appropriate, subject to the requirements hereinafter set out.