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

I, [Insert name of Deponent], ............................................................ ....................

[Insert occupation of Deponent], ............................................................ ...................

of [Insert address of Deponent], ............................................................ ....................

being aged 18 years and upwards MAKE OATH and say as follows:

proceedings and I make this Affidavit from facts within my own knowledge save

where otherwise appears and where so appearing I believe the same to be true.

legally or beneficially entitled and the manner in which such property is held.

and the sources of such income.

the persons to whom such debts and liabilities are due.

details of such outgoings have been set out in the Fourth Schedule hereto.

known to me relevant to the within proceedings is set out in the Fifth Schedule hereto.

FIRST SCHEDULE

[Insert list of assets]

SECOND SCHEDULE

[Insert details of income]

THIRD SCHEDULE

[Insert list of debts and liabilities]

FOURTH SCHEDULE

[Insert list of Weekly Expenditure]

FIFTH SCHEDULE

[Insert details of pension]

SWORN etc.

FORM 37B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW

REFORM ACT, 1989 AND IN THE MATTER OF THE FAMILY LAW ACT, 1995

OR

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

AND IN THE MATTER OF AN INTENDED ACTION (if appropriate)

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

AFFIDAVIT OF WELFARE

I, [Insert name of Deponent], ............................................................ ....................

[Insert occupation of Deponent], ............................................................ ...................

of [Insert address of Deponent], ............................................................ ....................

being aged 18 years and upwards MAKE OATH and say as follows:

proceedings and I make this Affidavit from facts within my own knowledge save where

otherwise appears and where so appearing I believe the same to be true.

[In circumstances in which the Defendant does not dispute the facts as deposed to by

the Plaintiff in his/her Affidavit of Welfare, the following averment shall be included,

replacing Paragraph 2 hereof, and in such circumstances, the Schedule shall not be completed

by the Defendant:

his/her Affidavit of Welfare sworn herein on the day of and I say and believe that the

facts set out in the Schedule thereto are true.]

SCHEDULE

Part I - Details of Children

Plaintiff and the Defendant:

Forenames Surname Date of Birth

in loco parentis

Forenames Surname Date of Birth Relationship to Plaintiff/Defendant

Part II - Arrangements for the children of the family

• (a) The address or addresses at which the children now live

• (b) Give details of number of living rooms, bedrooms etc. at the address(es) in (a) above

• (c) Is the house rented or owned and, if so, name the tenant(s) or owner(s)?

• (d) Is the rent or mortgage being regularly paid and, if so, by whom?

• (e) Give names of all other persons living with the children either on a full-time or part-time

basis and state their relationship to the children, if any.

• (f) Will there be any change in these arrangements and, if so, give details.

Part III - Education and training details

• (a) Give names of the school, college or place of training attended by each child.

• (b) Do the children have any special education needs? If so, please specify.

• (c) Is the school, college or place of training fee-paying? If so, give details.

Part IV — Childcare details

• (a) Which parent looks after the children from day to day? If responsibility is shared,

please give details.

• (b) Give details of work commitments of both parents.

• (c) Does someone look after the children when the parent is not there? If yes, give

details.

• (d) Who looks after the children during school holidays?

• (e) Will there be any change in these arrangements? If yes, give details.

Part V — Maintenance

• (a) Does Plaintiff/Defendant pay towards the upkeep of the children? If yes, give details.

Please specify any other source of maintenance.

• (b) Is the maintenance referred to (a) above paid under court order? If yes, give details.

• (c) Has maintenance for the children been agreed? If yes, give details.

• (d) If not, will you be applying for a maintenance order from the court?

Part VI — Details of contact with children

• (a) Do the children see the Plaintiff/Defendant? Please give details.

• (b) Do the children stay overnight and/or have holiday visits with the

Plaintiff/Defendant. Please give details.

• (c) Will there be any change to these arrangements?

Part VII — Details of Health

• (a) Are the children generally in good health? Please give details of any serious disability

or chronic illness suffered by any of the children.

• (b) Do the children or any of them have any special health needs? Please give details

of the care needed and how it is to be provided.

• (c) Are the Plaintiff and the Defendant generally in good health? In not, please give

details.

Part VIII — Details of care and other Court Proceedings

• (a) Are the children or any of them in the care of a Health Board or under the supervision

of a Social Worker or Probation Officer? If so, please specify.

• (b) Are there or have there been any proceedings in any Court involving the children

or any of them? If so, please specify. All relevant Court Orders relating to the

children or any of them should be annexed hereto.

SWORN etc..

FORM 37C

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW

REFORM ACT, 1989 AND IN THE MATTER OF THE FAMILY LAW ACT, 1995

OR

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

NOTICE TO TRUSTEES

TAKE NOTICE that relief has been claimed by the Plaintiff/Defendant in the above

entitled proceedings pursuant to Section(s) 12 and/or 13 of the Family Law Act, 1995

OR pursuant to Section 17 of the Family Law (Divorce) Act, 1996 , and in particular in

relation to [here insert pension details against which relief is claimed] ...........................

............................................................ ............................................................ ..........

and that the hearing of the Action will take place on the day of

at the Circuit Court sitting at ............................................................ ...........................

at o'clock in the forenoon. (or, if appropriate, “in relation to which claim you will

be advised of the date for trial in due course”)

Dated this	day of	.
		Signed .........................................................
		Solicitors for the Plaintiff/Defendant or Plaintiff/Defendant in person

To: The County Registrar

And

To: The Trustees of the relevant pension scheme(s)

And

To: Plaintiff/Defendant/Solicitors for the Plaintiff/Solicitors for the Defendant

FORM 37D

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW

REFORM ACT, 1989 AND IN THE MATTER OF THE FAMILY LAW ACT, 1995

OR

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

AND IN THE MATTER OF AN INTENDED ACTION (if appropriate)

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

CERTIFICATION PURSUANT TO SECTION 5 OR SECTION 6 OF THE

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 OR

SECTION 6 OR SECTION 7 OF THE FAMILY LAW (DIVORCE) ACT, 1996

[Solicitors for the Plaintiff/Defendant (as appropriate) to certify that the

Plaintiff/Defendant (as appropriate) has been fully advised in relation to alternative

forms of matrimonial dispute resolution to include marriage guidance counselling,

mediation, separation agreements and other forms of matrimonial litigation]

Dated this	day of	.
		Signed .........................................................
		Solicitors for the Plaintiff/Defendant (delete as appropriate)

FORM 37E

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF SECTION 6A OF THE GUARDIANSHIP OF INFANTS

ACT, 1964

APPLICATION BY FATHER TO BE APPOINTED GUARDIAN WITH

WRITTEN CONSENT OF MOTHER

[NOTE: This form is for use where the applicant's name already appears on the Births

Register as father of the child and the mother consents in writing to the applicant's

appointment as guardian.]

NAME OF APPLICANT: ............................................................ ...............................

ADDRESS OF APPLICANT: ............................................................ .........................

............................................................ ............................................................ .............

NAME OF INFANT: ............................................................ ......................................

ADDRESS OF INFANT: ............................................................ ................................

............................................................ ............................................................ .............

TAKE NOTICE that the applicant intends to apply to this Court sitting at ..................

in the County of ............................ on the day of for an Order

pursuant to section 6A of the Guardianship of Infants Act, 1964 , as inserted by section

12 of the Status of Children Act, 1987 , to be appointed as guardian of the above named

infant.

The applicant will rely upon proof of the following matters in support of his

application:

father in a Register maintained under the Births and Deaths Registration Acts, 1863 to

1987;

[NOTE: It will be necessary to produce at the hearing a recent Birth Certificate which

shows the applicant as father.]

and resides at ............................................................ ..................................................

guardian as aforesaid:

[NOTE: It will be necessary to produce at the hearing the written consent of the

mother. Form 37F provides a means for her to give written consent. If the mother does

not appear at the hearing, the Judge may adjourn the application to enable notice to be

served on her.]

duties involved in acting as guardian of the said infant jointly with the mother and undertakes

to exercise the said duties and the said responsibilities in the best interests of the

said infant.

Dated this	day of	.
		Signed .........................................................
		Applicant/Solicitor for the Applicant

To: The County Registrar

FORM 37F

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE GUARDIANSHIP OF INFANTS ACT, 1964

AS AMENDED BY THE STATUS OF CHILDREN ACT, 1987

STATUTORY DECLARATION OF MOTHER

I, [Here insert name of mother], ..................................................... do solemnly and

sincerely declare that:—

the father of the said infant, as guardian of the said infant;

OR

I beg to refer to my written consent to the appointment of ........................................

the father of the above named infant, as guardian of the said infant, upon which marked

with the letter “A” I have signed my name prior to the making of this Declaration.

will be entitled to act jointly with me as guardian of the said infant and will exercise the

duties and responsibilities of looking after the best interests of the said ..........................

until he or she reaches the age of eighteen years.

I make this solemn Declaration conscientiously believing the same to be true and by

virtue of the Statutory Declarations Act, 1938 .

		Signed ..........................................................
		Mother of the infant

DECLARED BEFORE ME BY ............................................................ .................

who is personally known to me (or who is identified to me by ......................................

who is personally known to me) at ...............................................this day of

PEACE COMMISSIONER/COMMISSIONER FOR OATHS/

NOTARY PUBLIC/PRACTISING SOLICITOR

FORM 37G

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF PART VI OF THE STATUS OF CHILDREN ACT, 1987

DECLARATION

BETWEEN

............................................................ .................................................... Plaintiff

(applying by ..................................................... Next Friend, if appropriate)

AND

............................................................ .................................................... Defendant

TAKE NOTICE that whereas the application of the above named applicant pursuant

to Part VI of the Status of Children Act, 1987 , came before this Court and was determined

on the day of ,

NOW IT IS HEREBY DECLARED that:

in the County of ........................... is the father of the above named plaintiff; and/or

in the County of ........................... is the mother of the above named plaintiff; and/or

and .......................................................... of ............................................................ ....

are the parents of the above named plaintiff; and

was born on the day of .

Which said Declaration is made this day of by His Honour

Judge ............................................................ ............................................................ ....

sitting at The Courthouse, ............................... in the County of .....................................

SEALED with the Seal of this Court by ............................................................ .........

County Registrar, this day of .

		Signed ............................................................
		County Registrar

To: The plaintiff

FORM 37H

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF PART VII OF THE STATUS OF CHILDREN ACT, 1987

NOTICE OF MOTION FOR THE TAKING OF BLOOD SAMPLE

BETWEEN

............................................................ .................................................... Plaintiff

(applying by ..................................................... Next Friend, if appropriate)

AND

............................................................ .................................................... Defendant

TAKE NOTICE that at o'clock on the day of ,

an application will be made to the Court sitting at .................. ....................................

on behalf of the above named Plaintiff/Defendant (Delete as appropriate) for an Order

directing that blood tests be carried out in respect of the persons whose names are set

out below for the purpose of ascertaining the parentage of (name of person whose

parentage is in dispute) ............................................................ ...................................

Name	Address	Age
1.	1.	1.	1.
2.	2.	2.	2.
3.	3.	3.	3.
---	---	---
Dated this	day of	.
		Signed .........................................................
		Plaintiff/Defendant/Solicitor for the Plaintiff/Solicitor for the Defendant

To: The County Registrar

And

To: All other parties

FORM 37I

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF PART VII OF THE STATUS OF CHILDREN ACT, 1987

DIRECTION FOR THE TAKING OF BLOOD SAMPLE

BETWEEN

............................................................ .................................................... Plaintiff

(applying by ..................................................... Next Friend, if appropriate)

AND

............................................................ .................................................... Defendant

IT IS HEREBY DIRECTED that ............................................................ ...............

be appointed to take blood samples from the following persons:

Name	Address	Age
1.	1.	1.	1.
2.	2.	2.	2.
3.	3.	3.	3.

for the purpose of ascertaining the parentage of (name of person whose parentage is in

dispute) ............................................................ ..........................................................

and such appointee is hereby directed to furnish the results of such tests to the parties

hereto and to this Honourable Court at the earliest possible opportunity.

IT IS FURTHERMORE DIRECTED that the costs of the said tests be paid by (insert

details).

			BY THE COURT County Registrar

FORM 37J

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF PART VII OF THE STATUS OF CHILDREN ACT, 1987

NOTICE OF INTENTION TO CALL AS A WITNESS THE PERSON UNDER

WHOSE CONTROL BLOOD TESTS WERE TESTED OR OTHER PERSONS

INVOLVED IN THE BLOOD TESTING PROCESS

BETWEEN

............................................................ .................................................... Plaintiff

(applying by ..................................................... Next Friend, if appropriate)

AND

............................................................ .................................................... Defendant

TAKE NOTICE that ............................................................ ...., Plaintiff/Defendant,

intends to call (insert name of witness) ............................................................ .............

as a witness at the hearing of the action herein, the report in respect of such tests having

been received by the Plaintiff/Defendant on the day of .

		Signed .........................................................
		Plaintiff/Defendant/Solicitor for the Plaintiff/Solicitor for the Defendant

To: All other parties

And

To: The County Registrar

FORM 38A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ ..................

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Petitioner/Plaintiff

AND

............................................................ .................................................... Respondent/Defendant

NOTICE OF INTENTION TO APPEAL

TAKE NOTICE that the above named .......................................................... Appellant

intends to appeal from the Judgment and Order of the Circuit Court dated the day

of . The above named Appellant hereby applies to the Circuit Court

to state and sign a case for the opinion of the Supreme Court herein and hereby undertakes

to expedite the preparation and lodgement of the case stated herein.

Dated this	day of	.
		Signed ............................................................ ..
		Appellant/Solicitor for the Appellant

To: The Respondents

FORM 38B

THE SUPREME COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ .............

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Petitioner/Plaintiff

AND

............................................................ .................................................... Respondent/Defendant

APPEAL BY WAY OF CASE STATED

TAKE NOTICE that the above named ................................................... Appellant

will on the expiration of four days of the service hereof or the next available opportunity

thereafter, apply to this Honourable Court by way of Appeal from the Judgement and

Order of the Circuit Court dated the day of on the grounds hereunder

set out.

AND TAKE NOTICE that the following are the terms and provisions of the said

Order:

AND TAKE NOTICE that the following are the grounds of Appeal:

Dated this	day of	.
		Signed ..........................................................
		Appellant/Solicitor for the Appellant

To: The Respondents

FORM 38C

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ .............

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Petitioner/Plaintiff

AND

............................................................ .................................................... Respondent/Defendant

CONSULTATIVE CASE STATED

This is a case stated pursuant to the provisions of sub-section (1) of section 23 of the

Local Elections (Petitions and Disqualifications) Act, 1974 by me .................................

of ......................................................... in the County of .............................................

The case stated was requested by ............................................................ ................

The following facts were proved or admitted before me during the hearing of the

above entitled action on the day of .

The opinion of the Supreme Court is sought on the following question of law:

The following are the submissions made to me by each party as to the correct interpretation

on the said question of law:

Dated this	day of	.
		Signed .......................................................
		Appellant/Solicitor for the Appellant

To: The Respondents

FORM 38D

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE LOCAL ELECTIONS (PETITIONS AND

DISQUALIFICATIONS) ACT, 1974 AND IN THE MATTER OF THE LOCAL

ELECTIONS FOR (INSERT AREA) ............................................................ .............

HELD ON THE DAY OF .

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

NOTICE OF WITHDRAWAL OF ELECTION CIVIL BILL

TAKE NOTICE that at the sitting of the Court at 10.30 a.m. in the forenoon on

the day of , at ............................................................ ........

in the County of ..............................................., the above named Plaintiff will apply

for leave to withdraw the Election Civil Bill herein.

AND FURTHER TAKE NOTICE that any person may apply to the Court on the

hearing of this application to be substituted for the above named Plaintiff.

WHICH APPLICATION will be grounded upon the affidavit of the above named

Plaintiff sworn herein on the day of , the Defence delivered

herein, the nature of the case and the reasons to be offered.

Dated this	day of	.
		Signed .......................................................
		Plaintiff/Solicitor for the Plaintiff

To: The Defendant(s)

And

To: All persons served with the Civil Bill

FORM 39

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

ORDER TRANSFERRING A TRIAL TO THE DUBLIN CIRCUIT

IT IS HEREBY ORDERED pursuant to Order 63 of the Rules of the Circuit Court

that the trial in the above entitled proceedings shall be transferred to the Dublin Circuit

in accordance with section 31 of the Courts Act, 1981 on the following terms:

transferred]

name of the accused's solicitor]

			BY ORDER OF THE COURT County Registrar

FORM 40

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF SECTION 14 OF THE JURISDICTION OF COURTS AND

ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1998

BETWEEN

............................................................ .................................................... Plaintiff

AND

............................................................ .................................................... Defendant

CERTIFICATE PURSUANT TO SECTION 12(b) OF THE JURISDICTION OF

COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN

COMMUNITIES) ACT, 1998

IT IS HEREBY CERTIFIED that the Order/Decree/Written Judgment, a copy of

which is annexed hereto at Annex “A”, was made by this Honourable Court on the

day of which said Order/Decree/Written Judgment has been

authenticated by the Seal of the Court and signed by me on the day of

IT IS FURTHERMORE HEREBY CERTIFIED that a certified copy of the Civil

Bill or other originating document by which the proceedings were commenced is

annexed hereto at Annex “B”.

Dated this	day of
		Seal of the Court
		Signed .....................................................
		County Register

MEMORANDUM IN RELATION TO THE ISSUING OF

CIVIL BILLS

The applicable Rules in relation to the issuing of Civil Bills are contained

in Order 11 of these Rules. The Circuit Court Rules Committee

is desirous of having similar procedures applicable in the Circuit Court

to those pertaining at High Court level whereby the originating document

would issue from the Office and would be deemed to be issued

at that time for the purpose of the Statute of Limitations, 1957. The

achievement of this aim is prevented by section 7 of the Courts Act,

1964 which states that where a Civil Bill is served by registered post (and

this is now the usual form of service), such Civil Bill is deemed to be

issued as of the time of posting. The present Rules have been drafted in

such a manner as retains a reference to the requirements of section 7 and

specific reference to section 7 is retained in view of the very considerable

adverse consequences which can follow lack of clarity in relation to the

date of issue. However, section 7 precludes parity as between the Rules

of the Circuit Court and the Rules of the Superior Courts and precludes

a general rule whereby all Civil Bills are issued on a date certain, i.e.,

the date upon which they are issued in the Office. The Committee is also

of the view that section 7 causes considerable uncertainty and confusion

(which may result in actions becoming statute barred contrary to the

expectations of the parties and their lawyers) as it provides for a different

date of issue in certain circumstances, i.e., where the Civil Bill is served

by registered post thus preventing uniformity. The Circuit Court Rules

Committee therefore urges the repeal of section 7 of the Courts Act,

1964 as a matter of urgency.

			Circuit Court Rules Committee, July, 1999.

INDEX TO RULES

ACCOUNTS

Inquiries or taking of, by County Registrar, O.48

Rule IX of Section 66 of the 30 and 31 Vic. c.44 (Chancery (Ir.) Act, 1867, O.48, r.23

ACTIONS

By and against firms and persons carrying on business in names other than their own, O.8

Costs of, after discontinuance of, O.21, rr. 3, 4, 5

Discontinuance of, by plaintiff, against defendant, O.21

Joinder of two or more, O.59, r.15

Probate, O.50

Transfer of, to the Court or High Court, O.35

Venue of, relating to title of land, O.2 (a)

ADMINISTRATORS

Accounts of receivers and, O.45

Pendente lite and receivers, appointment of, O.45

ADMISSIONS

Of documents, O.31

AFFIDAVITTS

Filed by person seeking renewal of an Order for Execution, O.36, r.14

Making of, O.11, r.7, O.25, O.26, r.4

Of means, O.59, r.4 (17)(18)

Of Representation, O.59, r.4 (16)

Of Welfare, O.59 r.4 (19)

Used for the purpose of grounding an Application for Judgment, O.26, r.9

Used for the purpose of grounding an Application for Summary Judgment, O.28, r.10

AMENDMENTS

Of clerical mistakes in Judgments or Orders, O.65, r.3

Of pleadings or other documents O.15, r.5, O.65

APPEALS

Extension of time for all appeals, O.41

From the District Court, O.41

Local Elections (Petitions and Disqualifications) Act, 1974, (No. 8 of 1974), O.58

Notice to Appeal to the Employment Appeals Tribunal, O.57, r.1

Section 23 of the Courts of Justice (District Court) Act, 1946 , O.41

Section 63 of the Courts of Justice Act, 1924 , O.42

Section 77A of the Courts of Justice Act, 1924 , O.41

To the Court of Criminal Appeal, O.42

Under the Data Protection Act, 1988 (No. 25 of 1988), O.60

APPEARANCE

Change of parties, O.22

Entering of. O.5, r.4, O.15, rr.1, 2, O.22, O.26, r.1, O.59, r.4 (8)

Notice of Appearance for Employment Appeals Tribunal, O.57, r.1

Time for entering an appearance, O.14, r.4, O.15, r.2

ARREARS

Of rent O.9, r.2

ATTACHMENT AND COMMITTAL

Order of attachment or committal, O.37

BARRING ORDER

Application for, O.59, r.5

Domestic Violence Act, 1966 , (No.1 of 1996), O.59, r.5

See under FAMILY LAW (Domestic Violence)

CASES STATED

Section 16 of the Courts of Justice Act, 1947 , O.62

Section 428 of the Income Tax Act, 1967 , O.62, r.6

Section 428 (2) of the Income Tax Act, 1967 , O.62, rr.7, 10

Section 430 of the Income Tax Act, 1967 , O.62, r.6

CHAMBERS

Sittings in Chambers and interlocutory applications, O.20

CIVIL BILLS

Application for leave to serve, O.13, r.2

Application to have a person declared to be of unsound mind, O.47

Civil Bill Ejectments, on the title, O.5, r.2

Copies of, when necessary, O.12, r.4

Courts of Justice Acts, 1924-1995, O.13, r.4

Domestic Violence Civil Bills, O.59, r.5

Election Civil Bills, to question a local election, O.58

Endorsement of service, O.11, r.21

Equity Civil Bill, O.46

Family Law Civil Bill, O.59, r.2

For service out of the jurisdiction, O.11, r.4, O.13, O.14

Housing Civil Bill, O.54, O.55

Issue of, O.11, O.13, O.14

Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels, O.13, O.26

Landlord and Tenant Civil Bills, O.51, r.2

Notice for Service substitution, O.11, r.12

Notice of Motion, to appeal under Local Government (Planning and Development) Act, 1963 (No. 36 of 1963) O.56, r.1

Planning Civil Bills, O.56, r.2

Probate actions service of a Civil Bill, O.13, r.4, O.50

Renewal of, O.12, O.19, r.1 (ix)

Section 7 (6) (a) (ii) of the Courts Act, 1964 , O.11, rr. 3, 5, 21

Service of, O.11, rr. 8, 9, 10, 11, O.13, O.19, r.1 (vi)

Service of in any action for the recovery of land, O.51, r.1(4)

Service of in Probate Actions, O.13, r.4

Service of, out of the jurisdiction, O.11, r.4, O.13

Service of, out of the jurisdiction under the jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998 , O.14

Statutory declaration for the service of Civil Bills, O.11, r.21

Summons Server, O.11, rr.5, 7, 16, 17

Testamentary Civil Bill, O.50, r.1

CLAIMS

Indorsement of, O.10

Joinder of claims, O.9

Recovery of land, O.9, r.2

COMPANIES

Actions by and against firms and persons carrying on business in names other than their own, O.8

Companies Act, 1990, O.53, r.3

Debts owing by a firm, O.8, r.5, O.38

Registration of Business Names Act, 1963, O.8, r.7

Restoration of, to the register pursuant to Section 46 of the Companies (Amendment) (No. 2) Act, 1999 , O.53

Section 12B(3) or 12B(7) of the Companies (Amendment) Act, 1982 , O.53, r.3

COSTS

Allowed in cases of judgment by default, O26, r.7

Between a third party and other parties to the action, O.7, r.9

Bills of costs, taxing of, O.18, r.6, O.66, r.20

Circuit Court (Registration of Judgments) Act, 1937 , O.66, r.19

Courts of Justice Act, O.66, r.19

Discontinuance and, O.21

Of affidavits, O.25, r.16

Of any action which applies to the Housing Act, 1966 , O.54, r.7

Of any application for an attachment of debts, O.38, r.9

Of any party to any proceeding in the Court, O.5, r.6, O.66

Of discovery, O.32, r.7

Of family law proceedings, O.59, r.4 (34)

Organisation of Working Time Act, 1997, O.57, r.4

Particulars and further particulars in claim or defence, O.17, r.6

Section 48 (1) of the Courts of Justice Act, 1924 , O.66, r.20

Section 48 (v) of the Courts of Justice Act, 1924 , O.66, r.27 (13)

Security for, O.16

Valued Added Tax payable by claimant on legal costs, O.28, r.10

COUNTERCLAIM

Application for a Declaration of Marital Status, O.59, r.4 (20) (e)

Application for a decree of divorce, O.59, r.4 (20) (a)

Application for a decree of judicial separation, O.59, r.4 (20) (b)

Application for a decree of nullity, O.59, r.4 (20) (d)

Application for relief after divorce or separation outside the State, O.59, r.4 (20) (c)

Costs and, O.66, r.16

Pleading subsequent to, O.15, rr.18, 19, O.17

Proceedings of, O.33, r.7

Propoundment of a will by way of, O.50, r.7

COUNTY REGISTRAR

Appeals from the District Court, O.41

Applications of an urgent nature, O.1, r.5

Bankers Books Evidence Acts 1879 and 1959, O.18

Debt attachment book, O.38, r.8

Duties of, O.18

Inquiries of taking of Accounts, O.48

Malicious Injuries Book, O.52, r.1 (11)

Notice of allowance, O.48, r.12

Order 33, rule 1 of the Rules of the Superior Courts, O.18, r.1 (xxv)

Order 39, rule 30 of the Rules of the Superior Courts, O.18, r.1 (xxiii)

Orders, which may be made by, O.18, r.1

Rule IX of Section 66 of the 30 and 31 Vic. c.44 (Chancery (Ir.) Act, 1867), O.48, r.23

Section 34(1) and the Second Schedule of the Courts and Court Officers Act 1995 , O.18, r.1

Service of orders by the registrar of the Court, O.59, r.4 (37)

Side-bar applications, O.19

Signature of, O.4, r.1

COURT

Court seal O.4

Jurisdiction transferred to the Court under Section 51 of the Courts of Justice Act, 1924 , O.67, r.8

Language used in Court documents or hearings, O.1, r.6

Office hours, O.1, r.7

Part III of the Courts of Justice Act, 1947 , O.1, r.1

Section 4 of the Courts (Establishment and Constitution) Act, 1961 , O.67, r.8

Section 10 of the Courts of Justice Act, 1947 , O.1, r.4

Service of orders by the registrar, O.59, r.4 (37)

Sittings of District Court, O.1, r.1

Sittings of Dublin Circuit Court, O.1, r.2

Urgent applications, notice of intention, O.1, r.5, O.30, r.1

Vacations, O.1, r.3

DATA PROTECTION

Appeals to the Circuit Court, O.60, r.2

Data Protection Act, 1988 (No. 25 of 1988), O.60

Section 9 of the Data Protection Act, 1988 (No. 25 of 1988), O.60, r.1

Section 10 (1) (a) of the Data Protection Act, 1988 (No. 25 of 1988), O.60, r.2 (a)

Section 17 of the Data Protection Act, 1988 (No. 25 of 1988), O.60, r.2 (a)

Section 26 of the Data Protection Act, 1988 (No. 25 of 1988), O.60, rr.2, 5

DEBT

Attachment of, by garnishee, O.38

Costs of any application for an attachment of, O.38, r.9

Goods or chattels seized in execution by way of security for debt, O.40, r.12

Owing by a firm, O.8, r.5, O.38

Particulars and further particulars in claim or defece, O.17

Schedule of fees, O.5, r.6

DEFENCE

Grounds defendant disputes the plaintiff's claim, O.15, r.5, O.65

Pleading subsequent to, O.15, r.18, O.17

Serving a, O.59, r.4 (9)

DEFENDANT

Entering an appearance, O.15, r.4

DOCUMENTS AND INTERROGATORIES

Discovery and inspection of, O.32

ELECTIONS

Election Civil Bills, O.58

Local Elections (Petitions and Disqualifications) Act, 1974 , (No. 8 of 1974), O.58

EMPLOYMENT

Adoptive Leave Act, 1995, O.57, r.3

Employment Appeals Tribunal, O.57, rr.1, 2

Organization of Working Time Act, 1997, O.57, r.4

Payment of Wages Act, 1991, O.57, r.2

Unfair Dismissals Acts, 1977-1993 (No. 10 of 1977, No. 5 of 1991 and No. 22 of 1993, O.57, r.1

EVIDENCE

Examination of, O.23

Family law proceedings, held in camera on oral evidence, O.59, r.4 (21)

EXECUTION

Execution order for possession in ejectment for non-payment of rent. O.51, r.1 (7)

Of Judgment or Order for payment of money, O.36

Renewal of an order for execution, O.36, r.14

Sections 70 and 71 of the Landlord and Tenant Law

Amendment Act (Ireland), 1860, O.51, r.1 (8)

FAMILY LAW

Affidavit of Means, O.59, r.4 (17)(18)

Affidavit of Welfare, O.59, r.4 (19)

Application for a Protection Order, O.59, r.5 (4)

Applications under Section 8 of the Family Law (Maintenance of Spouses And Children) Act, 1976 , O.59, r.4 (29)

Appointment of registered father as guardian, O.59, r.1

Births and Deaths Registration Acts, 1863 to 1987, O.59, r.1 (7)

Blood Tests where Parentage is in Issue, O.59, r.3

Children Act, 1997 , O.59, r.4 (3)(a), r.4 (4)(h)

Costs of proceedings, O.59, r.4 (34)

Counterclaims brought by a Respondent, O.59, r.4 (20)

Declaration of Marital Status, O.59, r.4 (e)

Declaration of Parentage, O.59, r.2

Decree of Divorce, O.59, r.4 (4)(a)

Decree of Judicial Separation, O.59, r.4 (4)(b)

Determination of property issues between spouses, O.59, r.4 (f)

Domestic Violence Act, 1996 , (no. 1 of 1996), O.59, r.5 (1) (2) (11) (12)

Entering an appearance to contest an application, O.59, r.4 (8)

Equity Civil Bill, O.59, r.4 (33)

Family Home Protection Act, 1976 , O.59, r.4 (3)(a), r.4 (33), r.4 (4) (i)

Family Home Protection Act, 1976 , (No. 27 of 1976) O.59, r.4 (3)(a), r.4 (4)(j)

Family Law Act, 1995 , O.59, r.4

Family Law (Divorce) Act, 1996 , O.59, r.4

Family Law (Maintenance of Spouses and Children) Act, 1976 , O.59, r.4 (9)(d), r.4 (29)

Family Law Civil Bill, O.59, r.2 (2) (3) (4) (5) (6)

For relief pursuant to Section 15A or Section 25 of the Family Law Act, 1995 O.59, r.4 (g)

For relief pursuant to Section 18 of the Family Law (Divorce Act 1996, O.59, r.4 (g)

For relief under the 1976 Act O.59, r.4 (i)

For relief under the Second 1976 Act, O.59, r.4 (j)

For relief under the 1964 Act or the 1997 Act, O.59, r.4 (h)

Form of proceedings, O.59, r.4 (4)

Guardianship of Infants Act, 1964 , O.59, r.4 (4) (h), (3)(a)

Hearings held in camera, on oral evidence, O.59, r.4 (21)

Interim and Interlocutory Applications, O.59, r.4 (23)

Issuing and entry of a Family Law Civil Bill, O.59, r.4 (6)

Judicial Separation and Family Law Reform Act, 1989 , O.59, r.4 (6) (7)(a) (8)

Judgments (Ireland) Act, 1844, O.59, r.4 (33)

Lump sum maintenance orders, O.59, r.4 (g) (ii)

Nullity, O.59, r.4(d)

Part VI of the Status of Children Act, 1987 , O.59, r.2 (8)

Pensions Acts 1990-1996, O.59, r.4 (4)(18)

Proceedings of Family Law Civil Bills, O.59, r.4 (4)

Proceedings out of jurisdiction of a Civil Bill, O.13, r.1 (j)

Relief after foreign divorce or separation outside the State, O.59, r.4 (c)

Relief and applications on behalf of dependent persons, O.59, r.4 (26)

Relief under section 33 of the 1995 Family Law Act, O.59, r.4 (28)

Second Schedule to the Court and Court Officers Act 1995, O.59, r.4 (23) (f)

Section 12 of the Status of Children Act, 1987 , O.59, r.1 (4)

Service of, O.59, r.4 (7)

Service out of the jurisdiction, O.13, r.1 (n)

Spouses and Children) Act, 1976, O.59, r.4 (29)

Stamp duty (none payable) under the Domestic Violence Act, 1996 , O.59, r.5

FEES

Schedule of, O.5, r.6

GENERAL

Section 42 of the County Officers and Courts (Ireland) Act, 1877, O.67, r.11

Section 51 of the Courts of Justice Act, 1924 , O.67, r.8

Section 4 of the Courts (Establishment and Constitution) Act, 1961 , O.67, r.8

HOUSING ACTS

Appeal to the Circuit Court under Section 72 of the Housing Act, 1966 , (No. 21 of 1966), O.54

Application to the Court for an Order determining a lease under Section 73 of the Housing Act, 1966 , (No. 21 of 1966), O.54

Costs of any actions to which this Order applies, O.54, r.7

Housing (Miscellaneous Provisions) Act, 1979 , (No. 27 of 1979), O.55

Issue of a Housing Civil Bill, O.54, r.4, O.55, r.2

Section 72 of the Housing Act, 1966 , (No. 21 of 1966), O.54, r.1

Section 73 of the Housing Act, 1966 , (No. 21 of 1966), O.54, r.4

INFANT

Births and Deaths Registration Acts, 1863 to 1987, O.59, r.1 (7)

Entering an appearance, O.15, r.3

Guardianship of Infants Act, 1964 , O. 59, r.4

Order for payment out of Court of funds to, on attaining majority, O.18, r.1 (xv)

Proceedings out of jurisdiction of a Civil Bill, O.13, r.1 (j)

Proceedings for the protection of property of infants, O.66, r.27 (9)

INTERPLEADER

Application, issue of, O.40, r.5

Applicant for an, O.40

Grant of relief by way of, O.40, r.1

Proceeding, O.13, r.1 (k)

INTOXICATING LIQUOR

Application for Excise licences for sale of, O.49

JUDGE

Amendments to pleading or other documents, O.65

Appeals from the District Court, O.41

Execution of bond or recognizance, O.44

Mode of address, O.3, r.2

Robes of, O.3, r.1

Sittings in chambers and interlocutory applications, O.20

Witness during a trial and, O.33, rr. 6, 10, 13

JUDGMENTS

Articles 16 and 18 of the 1968 Convention on jurisdiction and the enforcement of Judgments in civil and commercial matters O.14, r.1 (iii), O.27, r.4 (iv)

Article 20 of the 1968 Convention on jurisdiction and the enforcement of Judgments in civil and commercial matters, O.27, r.4 (ii)

By consent in the office O.29

By default in cases of liquidated demands and claims for delivery of goods and chattels, O.13, O.26, O.27

Corrections of clerical mistakes in orders or judgments, O.65, r.3

Costs allowed in cases of judgment by default, O.26, r.7

Execution of, O.36

In default of appearance, O.61, r.4

Motions for Judgment, O.59, r.4 (10)

Order for, in default of Appearance or Defence, O.27, r.4

Provision of documentation pursuant to Section 12 of the Jurisdiction of Courts and Enforcements of Judgments (European Communities) Act. 1998 , O.61

Review of, O.30

Section 12 (b) of the Jurisdiction of Courts and Enforcements of Judgments (European Communities) Act, 1998 , O.61, rr.2, 3

Section 12 (c) of the Jurisdiction of Courts and Enforcements of Judgments (European Communities) Act, 1998 , O.61, r.4

Service out of the jurisdiction under the jurisdiction of Courts and enforcement of judgments (European Communities) Act, 1998 , O.14, O.27

Summary judgment, O.28

LAND

Ejectment for non-payment of rent, O.51, r.1

Establishing questions of title to land, O.5 (2)

Proceedings for use and occupation of, O.10, r.2

Recovery of, O.6, r.11, O.9, r.2, O.25, r.15 (3), O.28, r.6, O.51, r.1

Sales of, O.43

Settled Land Acts, proceedings under, O.66, r.27 (11)

Venue of actions relating to, O.2 (a)

LANDLORD AND TENANT

Ejectment proceedings, O.51, r.1

Landlord and Tenant (Amendment) Act, 1980 , O.51, r.2

Landlord and Tenant (Ground Rents) Acts, 1967 , O.51, r.3

Sections 70 and 71 of the Landlord and Tenant Law Amendment Act (Ireland), 1860, O.51, r.1 (8)

LODGEMENT

Made by defendant, O.15, r.11

MALICIOUS INJURIES

Costs of witnesses' expenses, O.52, r.1 (13), O.66, r.5

Criminal injuries to the Person, O.52, r.2

Malicious Injuries Act, 1981 , O.52, r.1

Section 5 of the Local Government (Ireland) Act, 1898, O.52, r.2

Section 106 of the Grand Jury (Ireland) Act, 1836, O.52, r.2

MATRIMONIAL LAW

Decree of Divorce, O.59, r.4 (4) (a)

Decree of Judicial Separation, O.59, r.4 (4) (b)

Interim and Interlocutory Applications, O.59, r.4 (23)

Proceedings out of jurisdiction of Civil Bill, O.13 r.1 (n)

MONEY

Execution order for the recovery of money, O.36

Attachment of debts by garnishee, O.38

MOTIONS

Affidavits used in support of any motion, O.64, r.3

Notice of motions, O.64, rr.1, 2

NOTICE

Failure of plaintiff to serve notice of trial, O.33, r.4

Third party notice, O.7, r.1

Of trial, O.33

Of every application under Organisation of Working Time Act, 1977, O.11, O.57, r.4

Of motion for committal, O.36, r.21

PARTICULARS

And further particulars in claim or defence, O.15, r.18, O.17

PARTIES

Change of, O.22

Of plaintiffs, O.6, r.1

Of defendants, O.6, r.2

Person of unsound mind, O.6, r.8

Proceedings involving infants, O.6, rr. 5, 6, 7

Proceedings involving persons of unsound mind, O.6, r.8

Recovery of land, O.6, r.11

Rule 9 of Section 66 of the Chancery (Ireland) Act, 1867, O.6, r.14

Side-bar applications O.19

Third party procedures O.7

PERSON OF UNSOUND MIND

Application to have a person declared to be of unsound mind, O.47

As a defendant to an action, O.11, r.15

Committees of Lunatics, O.47, r.16

Cost of proceedings relating to persons of unsound mind, O.66, r.27 (12)

Entering an appearance, O.47, r.5, O.15, r.3

General Orders in Lunacy (27^th June, 1879), O.47, r.16

Service on the Committee of the Lunatic, O.11, r.15

Registrar of Wards of Court, O.47, r.16

Suing by, O.6, r.8, O.19

Venue of actions under the lunacy jurisdiction O.2 (d)

PLANNING

Local Government (Planning and Development) Act, 1963 (No. 36 of 1963), O.56, r.1

Local Government (Planning and Development) Act, 1976 (No. 20 of 1976), O.56, rr.2, 3

Local Government (Planning and Development) Act, 1992 (No. 14 of 1992), O.56, r.3

PROBATE ACTIONS

Issue of a Testamentary Civil Bill, O.50, r.1 (b)

Lodgement of a caveat against the grant of Probate or Letters of Administration, O.50, r.3

Parties opposing a will, O.50, r.12

Principal Probate Registry, O.13, r.1

Propoundment of a will by way of counterclaim, O.50, r.7

Revocation of Probate or Letters of Administration, O.50, r.4

Service of a Civil Bill, O.13, r.4

Succession Act, 1965, O.50

Succession Law Civil Bill, O.50

Testamentary Civil Bill, O.50, r.1 (a)

PROCEEDINGS

1968 Convention on jurisdiction and the Enforcement of Judgments in civil commercial matters, O.5, r.10, O.14

1998 Jurisdiction of Courts and Enforcement of Judgments Act, 1998, O.5, r.10 (a)

Actions by and against firms and persons carrying on business in names other than their own, O.5, r.3, O.8

Civil Bill, Ejectments, O.5, r.2

Civil Bill, issue of, O.5, r.1

Commencement of, O.5

Costs in, within provisions of Section 48 (1) of the Courts of Justice Act, 1924 , O.66, r.20

County Officers and Courts (Ireland) Act, 1877, O.46

Courts of Justice Act, 1924 (The Principal Act) (No. 10 of 1924), O.46

Ejectment proceedings for non-payment of rent, O.51, r.1

Equity proceedings, O.66, r.27

For the revocation of Probate or Letters of Administration, O.50

For rent, O.10, r.2

Non-payment of rent, O.5, r.2

On bills of exchange or other securities for money, O.10, r.1

Permitted side-bar applications, O.19

Persons of unsound mind, O.13, r.1 (j), O.66, r.27 (12)

Poor Law Valuation, O.5, r.2

Proceedings out of jurisdiction of Civil Bill, O.13, r.1 (j)

Schedule of fees, O.5, r.6

Section 48(1) of the Principal Act, O.5, rr.8, 9

Settled Land Acts, O.46

Stay of proceedings, O.17, r.5

Succession Act, 1965 , O.13, r.1 (o)

The Principal Act, O.5, rr.8,9, O.46, r.1

Third party procedures, O.7

Title jurisdiction, O.5, r.2

Trustee Acts, O.46

Trustee Relief Acts, O.46

RECEIVER

Administrators pendente lite and, O.45

Appointment of, O.39

By way of equitable execution, O.39

REGISTRATION

Registration of Business Names Act, 1963, O.8, r.7

RENT

Arrears of, O.9, r.2

Non-payment of O.5, r.2, O.25, r.15 (2), O.28, r.6

Proceedings for, O.10, r.2

SALES

Of land or property, O.43

SECURITY

Affidavits of sureties sufficiency, O.44, r.4

Bond or recognizance required from any person, O.44, r.1

Execution of every bond or recognizance, O.44, r.2

SERVICE

By Respondent, O.59, r.4 (14)

Of a Civil Bill out of the jurisdiction, O.11, O.13

Under the jurisdiction of Courts and Enforcement of Judgments (European-Communities) Act, 1998 , O.14

Of a Civil Bill within the jurisdiction, O.11, r.10, O.14, r.3 (vi)

Of a Domestic Violence Civil Bill, O.59, r.5

SUMMARY JUDGMENT

Application for, O.28

SUMMONS SERVER

Duties of, O.11, rr.5, 7, 16, 17, O.25, r.15 (1)

Succession Act, 1965, O.13, r.1(o)

THIRD PARTY PROCEDURE

Application for leave to issue third party notice, O.7, r.3

Costs between a third party and other parties, O.7, r.9

Third party notice, O.7, r.1, O.18, r.1 (xxix)

TRIALS

Evidence of witnesses, O.23

Notice of, in District Court, O.33, r.2, O.59, r.4 (12)

Notice of, in Dublin Court, O.33, r.3, O.59, r.4 (13)

Notice to fix a date for Trial, O.59, r.4 (12) (13)

Of separate issues. O.34

Section 31 of the Courts Act, 1981 , O.63, r.1

Transfer to the Dublin Circuit Court, O.63, O.67, r.16

VENUE

Administration of estates of deceased persons, O.2 (c)

Domestic Violence Act, 1996 , O.59, r.5

Domicile of a corporation or association, O.2 (j)

Equity matters, O.2 (b)

Land actions, O.2 (a)

Lunacy jurisdiction, person of unsound mind O.2 (d)

Matrimonial cases, O.2 (g)

Probate jurisdiction, O.2 (c)

Proceedings under Family Law cases, O.59, r.4 (2)

Rectification of the Register, O.2 (a)

Title II of the 1968 Convention, Article 2, 8.1, 11, or 16, O.2 (h) (i)

WELFARE

Affidavit of Welfare, O.59, r.4 (19)

WILLS

Parties opposing a will, O.50, r.12

Probate actions, O.50

WITNESSES

Attendance of, in a proceeding, O.24, O.33, r.8

Service of a witness summons, O.24, r.3

Witnesses' expenses, O.52, r.1 (13), O.66, r.5

Footnotes