S.I. No. 312/2007 - Circuit Court Rules (General) 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th June, 2007.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , and section 12 of the Courts of Justice Act 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 6th day of March 2007.

Signed: MATTHEW DEERY.

(Chairman of the Circuit Court Rules Committee)

I concur in the making of the above Rules of Court.

Dated this 22nd day of June 2007

Signed: BRIAN LENIHAN

Minister for Justice, Equality and Law Reform.

S.I. No. 312 of 2007

CIRCUIT COURT RULES (GENERAL) 2007

1.

2.

3.

“9. “domicile” is to be determined in accordance with the provisions

of Section 15 of the 1998 Act and Articles 52 and 53 of the 1968 Convention, or as the case may be, the provisions of Articles 59 and 60 of Council Regulation (EC) No. 44/2001.”

4.

5.

6.

“8. The Consent prescribed by Section 22(1)(b) of the Courts (Supplemental Provisions) Act 1961 which provides for the enlargement of the jurisdiction of the Court by consent of the parties shall be in the form set forth in Form 1 of the Schedule of Forms, and shall be lodged with the County Registrar either before or at any time during the hearing.

1. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action, cause or matter with costs, unless the Consent prescribed by Section 22(1)(b) of the Courts (Supplemental Provisions) Act 1961 has been signed. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction relates to venue and appears on the face of the originating document, the Court may transfer the action, cause or matter to the appropriate circuit or may strike out the action, cause or matter with costs as it considers appropriate.”

7.

“4. No action, cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Judge may in every action, cause or matter deal with the subject in controversy so far as regards the rights and interests of the parties actually before him. The Judge may, at any stage of the proceedings, either upon or without the application of any party, and on such terms as may appear to him to be just, order that the name of any party, whether plaintiff or defendant, who has been improperly joined, be struck out, and that the name of any person who ought to have been joined as a party, or whose presence before the Court may be necessary in order to enable the Judge to adjudicate upon and settle all the questions involved in the cause or matter, be added as a plaintiff or a defendant. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his consent in writing thereto. Every person whose name is so added as defendant shall be served with a Civil Bill in such manner as may be prescribed by any Order of the Court, and the action, cause or matter, as against such party, shall be deemed to have begun only on the making of the Order adding such party.”

8.

“3. The Civil Bill shall be presented to the Office, sealed, marked with the record number by the proper officer and shall thereupon be deemed to be issued and shall thereafter be entered in the cause book in date and numerical order of issue. At the time of issuing, the proper officer shall mark upon the duplicate Civil Bill the date of issue, full details in relation to stamping and the record number assigned to the Civil Bill. No Civil Bill shall be served until it shall have been so issued. In presenting such Civil Bill together with the duplicate thereof to the Office for issuing, such presentation may be by post or in person. In circumstances in which the Civil Bill has been presented by post, the proper officer shall return the Civil Bill to the Plaintiff or the Plaintiff’s solicitor, as appropriate, by ordinary pre-paid post.”

9.

• (1) by the substitution in paragraph (o) of Rule 1 of “;” for “.” and by the insertion in Rule 1, immediately following paragraph (o), of the following—

• “(p) any relief is sought in proceedings commenced in accordance with Order 69 of these Rules.”, and

• (2) by the substitution for Rule 5 of the following—

“5. Applications under this Order shall be made before the issue of the document, and the affidavit to ground the same shall, when no proceeding is pending, be entitled as between the parties to the intended proceeding and ‘‘In the Matter of the Courts of Justice Acts 1924 to 1961 and the Courts (Supplemental Provisions) Acts 1961 to 2003’’.

10.

11.

“1. (1) The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.

In particular and without prejudice to the generality of the foregoing, and without prejudice to any other provisions of these Rules, the County Registrar may, in accordance with Section 34(1) and the Second Schedule of the Courts and Court Officers Act 1995 make the following orders—

• (i) Any order which may be made as of course.

• (ii) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

• (iii) An order for enlargement of the time for doing any act or taking any step in an action or matter.

• (iv) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

• (v) A conditional order for the appointment of a receiver by way of equitable execution and, if that appointment is consented to or is uncontested, an order for the appointment of the receiver, and an order for the discharge of a receiver.

(va) A conditional order of garnishee and, if the order is consented to or is uncontested, an order of garnishee.

• (vi) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

• (vii) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

• (viii) An order for the taking of evidence on commission.

• (ix) An order on an application for directions as to—

  • (I) service of a civil bill or other originating document not inter partes, or

  • (II) any other procedure in an action or matter.

• (x) An order adding or substituting a party in any proceeding.

• (xi) An order giving liberty to intervene and appear.

• (xii) An order for the amendment of pleadings on consent.

• (xiii) An order to receive a consent and make the same a rule of court where the parties are sui juris.

• (xiv) An order under the Bankers' Books Evidence Acts 1879 and 1959.

• (xv) An order for payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a judge) for his or her benefit during minority.

• (xvi) An order in uncontested cases to have an account taken or inquiry made.

• (xvii) An order for the issue, for service outside the jurisdiction of a citation to see proceedings in contentious probate matters.

• (xviii) An order for the issue of a citation to lodge in court a grant of probate or letters of administration in contentious probate matters.

• (xix) An order giving liberty to file a supplemental affidavit of scripts.

• (xx) An order for the lodgement of scripts by any party.

• (xxi) An order appointing a receiver in a place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

• (xxii) A stop order on moneys or securities in Court.

• (xxiii) An order for the issue of a sub-poena under Order 39, rule 30 of the Rules of the Superior Courts.

• (xxiv) An order to vacate a lis pendens on the application of—

  • (I) the person on whose application it was registered, or

  • (II) any person affected by it, on notice to the person on whose application it was registered, where the action to which it relates has been discontinued or determined or a document or pleading has not, for a period of not less than a year before the application to vacate it, been filed in that action by or on behalf of the person on whose application it was registered.

• (xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

• (xxvi) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

• (xxvii) An order giving liberty to issue an execution order to replace an execution order that is lost or mislaid.

(xxviia) An order giving liberty to issue an execution order at any time during the period of 12 years from the date of the judgment or order of the Court whose execution is directed or authorised by the execution order.

(xxviib) An order giving liberty to amend the identity of the parties to an execution order in accordance with any amendment made by the Court to the identity of the parties to the judgment or order of the Court whose execution is directed or authorised by the execution order following the death of any party entitled or liable to execution under that order or the assignment of the debt due under that order.

• (xxviii) An order for the transfer of proceedings to the High Court or the District Court, including all ancillary orders for the transfer of moneys lodged in the Circuit Court.

• (xxix) An order giving liberty to—

  • (I) serve a third party notice to proceedings on notice to the plaintiff in the proceedings,

  • (II) join a party as a co-defendant to proceedings on notice to the plaintiff in the proceedings, or

  • (III) join a party as a co-plaintiff to proceedings on notice to the defendant in the proceedings.

• (xxx) An order for the recovery of—

  • (I) a liquidated amount, or

  • (II) a specific chattel or chattels,

  or both in any proceedings in which an appearance has not been entered or a defence has not been delivered.

• (xxxi) An order entering judgment in an action for unliquidated damages, together with interest thereon and the costs, charges and expenses of the action, in which an appearance has not been entered or a defence has not been delivered.

• (xxxii) An order for the recovery of possession of any land in ejectment proceedings in which an appearance has not been entered or a defence has not been delivered.

• (xxxiii) An order for possession of any land within the meaning of section 3 of the Registration of Title Act 1964 , in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

• (xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered.

• (xxxv) An order that—

  • (I) a debtor liable under a judgment or order of the Court to pay an amount of money or, where the debtor is a body corporate, an officer, employee or member of the body corporate, and

  • (II) any other person who a County Registrar considers appropriate,

  may be examined orally by the County Registrar to ascertain what (if any) debts are owing to the debtor and what (if any) property or other means the debtor has to satisfy the judgment or order.

• (2) In any case in which a County Registrar may make an order in accordance with sub-rule (1), he may—

  • (a) make any supplementary or ancillary order,

  • (b) place a stay, subject to such conditions as he thinks just, on any order made, or

  • (c) give any necessary directions

  and may in respect of the costs of the application direct payment of a sum in gross in lieu of payment of costs to be taxed

• (3) In sub-rule (1), “execution order” shall be interpreted in accordance with the Second Schedule to the Courts and Court Officers Act 1995 .”.

12.

“7. Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate or within ten days from the date of perfection of such ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he thinks fit.”

13.

14.

• (1) by the substitution for Rule 1 of the following—

“1. (i) In any case in which the plaintiff is not entitled under the provisions of the preceding Order to apply for judgment, and a defendant has made default in entering an Appearance or delivering a Defence, as the case may be, the plaintiff may, at any time after such default, on notice to be served on such defendant not less than four clear days before the hearing, apply to the Court for judgment which said applications shall be made by way of motion on notice in accordance with the Form 9A or 10A of the Schedule of Forms, as appropriate, grounded upon an affidavit.

• (ii) No notice of motion for judgment in default of Appearance or Defence may be served unless the plaintiff has at least fourteen days prior to the service of such notice written to the defendant giving him notice of his intention to serve a notice of motion for judgment and at the same time consenting to the late entry of an Appearance or late delivery of a Defence within fourteen days from the date of the letter.”, and

• (2) by the substitution for sub-rule (a) of Rule 4 of the following—

• “(a) Where an application is brought under this Order for Judgment in default of Appearance or Defence against a party who has been served with a Civil Bill or originating document outside the State under the provisions of Order 14, such application shall be supported by an affidavit stating that in the deponent’s belief—

  • (i) each claim made is one which by virtue of the 1998 Act or as the case may be, Council Regulation No. 44/2001, the Court has power to hear and determine;

  • (ii) the Courts of no other State have exclusive jurisdiction within the meaning of the 1968 Convention Act or Council Regulation No. 44/2001, to hear and determine such claim;

  • (iii) the defendant or respondent has been served with or has otherwise been able to receive a Civil Bill or originating document or notice thereof in sufficient time to enable him to arrange his defence, or that all necessary steps have been taken to that end, as required by Article 20 of the 1968 Convention Act or as the case may be, by Article 26 of Council Regulation No. 44/2001.”.

15.

• “(c) the consent is to judgment upon the plaintiff’s claim without terms or conditions other than terms or conditions as to stay of execution or payment by instalments.”

16.

• “(a) Any person desirous of taking proceedings in the Court for the purpose of obtaining a grant, or revocation or a grant of Probate or Letters of Administration shall issue a Civil Bill in the form prescribed in Form 2G of the Schedule of Forms; such Civil Bill shall be headed with the words “Testamentary Civil Bill”. Save in relation to proceedings aforementioned, any person desirous of taking proceedings in the Court pursuant to the provisions of the Succession Act 1965 shall issue a Civil Bill in the form prescribed in Form 2H of the Schedule of Forms; such Civil Bill shall be headed with the words “Succession Law Civil Bill”. On issuing a Testamentary Civil Bill the plaintiff shall, if no caveat has already been lodged, lodge a caveat in the Probate Office entitled in the estate of the deceased person. Following the issuing of the Testamentary Civil Bill, details of the lodgement of the caveat shall be endorsed thereon by the Probate Officer prior to service thereof. Thereafter, the caveat lodged in the matter will continue in force until the Probate Office is satisfied that the proceedings have been completed, whether determined, discontinued or otherwise.”

17.

18.

19.

“ORDER 56

PLANNING

Rule 1 — Appeal under Section 14(4) of the Planning and Development Act 2000

1. (1) In this Rule—

“the Act” means the Planning and Development Act 2000 (No. 30 of 2000);

“the Planning Authority” has the meaning assigned to it by Section 2(1) of the Act.

• (2)

  • (a) An appeal to the Circuit Court under Section 14(4) 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, or such modification as may be appropriate, and shall be called an action.

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

• (3) Applications under this Rule 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.

• (4) 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.

• (5) This sub-rule shall not apply to the Dublin Circuit. 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.

• (6) This sub-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.

• (7) 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.

• (8) Upon the filing in accordance with this Rule of a Notice of Motion the County Registrar shall enter the same for hearing.

• (9) 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, or such modification as may be appropriate, and such Defence shall be delivered to the plaintiff within seven days after the date of the last service.

• (10) Save by special leave of the Court every action under this Rule shall be heard upon oral evidence.

• (11) In every action to which this Rule applies, the Judge may make all such orders as to costs as may be just and reasonable.

Rule 2 — Appeal under Section 97(14) of the Act

1. (1) In this Rule—

“the Act” means the Planning and Development Act 2000 (No. 30 of 2000);

“certificate” has the same meaning as in Section 97 of the Act, and

“the Planning Authority” has the meaning assigned to it by Section 2(1) of the Act.

• (2) All applications by way of an Appeal against the refusal by a Planning Authority to grant a certificate under Section 97 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 such modifications as may be appropriate in the circumstances. There shall be filed with each such Application a copy of the statutory declaration made by the applicant under sub-section (5) of Section 97 and a copy of the written notice given by the Planning Authority under sub-section (13) of Section 97 of the reasons for its refusing a certificate. In default of such filing the respondent may file the same and thereupon or at any time thereafter the Judge may make such Order as to him shall seem right.

• (3) Applications under this Rule 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.

• (4) The relevant Planning Authority shall be named as a defendant to every Planning Civil Bill.

• (5) All Planning Civil Bills shall be served in accordance with the provisions of Order 11. 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 Manager or City Manager, as may be appropriate.

• (6) All Planning Civil Bills 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.

• (7) 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 or as near thereto as the circumstances admit.

• (8) 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 other relevant document. 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.

• (9) In every case where the Court shall make an Order directing the issuance of a 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 certificate and a sufficient transmission of such direction.

• (10) In every action to which this Rule applies, the Judge may make all such orders as to costs as may be just and reasonable.

Rule 3 — Injunctions in relation to unauthorised development under Section 160 of the Act

1. (1) In this Rule:

“the Act” means the Planning and Development Act 2000 (No. 30 of 2000), and

“the Planning Authority” has the meaning assigned to it by Section 2(1) of the Act.

• (2) An application under this Rule 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 is situate.

• (3)

  • (a) An application for an Order under Section 160 of the Act shall be by motion on notice to the person against whom relief is sought, subject to the provisions of sub-rule (3)(b), in accordance with Form 35B of the Schedule of Forms.

  • (b) An Order under Section 160 of the Act against a person whose identity is unknown to the plaintiff, shall be referred to as “an Order under sub-rule (3)(b)”, and the person against whom it is granted or sought shall be referred to as “the defendant”.

  • (c) A plaintiff in an application for an Order under sub-rule (3)(b) shall describe the defendant by reference to:-

    • (i) a photograph, or

    • (ii) any other means whereby the respondent can be identified with sufficient particularity to enable service to be effected; and the form of the notice of motion shall be modified accordingly.

  • (d) A plaintiff in an application for an Order under sub-rule (3)(b) shall, in addition to the requirements of sub-rules (4) and (7), include in the affidavit grounding the application, or shall file a separate affidavit containing, the following averments:

    • (i) verifying that he was unable to ascertain, within the time reasonably available to him, the defendant’s identity;

    • (ii) setting out the action taken to ascertain the defendant’s identity, and

    • (iii) verifying the means by which the defendant has been described in the originating application and that the description is the best that the plaintiff is able to provide.

  • (e) Sub-rule (3)(c) is without prejudice to the power of the Court to make an order for substituted service.

• (4) 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 sub-rule (1) (hereinafter referred to as “the appropriate Office”).

• (5) Subject to the provisions of sub-rule (3) 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, 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.

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

• (7)

  • (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 this Rule shall be by affidavit.

  • (b) Any affidavit to be used in support of the motion shall be filed in the appropriate Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the appropriate Office by the defendant within seven days of the service on him of the applicant’s affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the plaintiff.

• (8) Pending the determination of an application under Section 160 of the 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.

• (9) In every action to which this Rule applies, the Judge may make all such orders as to costs as may be just and reasonable.

Rule 4 — Applications under Section 90

1. (1) In this Rule:

“the Act” means the Planning and Development Act 2000 (No. 30 of 2000);

“notice” means a notice referred to in Section 88 of the Act, and

“the Planning Authority” has the meaning assigned to it by Section 2(1) of the Act.

• (2) Every application under Section 90 of the Act for an order compelling a person to comply with a notice 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.

• (3) Applications shall be brought in the County where there is situate the place in relation to which the notice relates.

• (4) All applications shall be served no later than 10 days prior to the return date set out in the Motion in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11.

• (5) This sub-rule shall not apply to the Dublin Circuit. 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.

• (6) This sub-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.

• (7) There shall be filed with the application true copies of the notice and copies of the notice as amended or modified, if any.

• (8) 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.

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

• (10) The Court may make such Order as to costs as may be appropriate, including an Order measuring the costs.”

20.

“ORDER 57

EMPLOYMENT

Rule 1 — Unfair Dismissals Acts 1977 to 2001

1. (1) In this Rule—

“the Acts” mean the Unfair Dismissals Acts 1977 to 2001;

“the 1993 Act” means the Unfair Dismissals (Amendment) Act 1993 ;

“the Minister” means the Minister for Enterprise, Trade and Employment, and

“the Tribunal” means the Employment Appeals Tribunal.

• (2) All appeals or applications for enforcement under Section 11 of the 1993 Act 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 and shall, in the case of an application for enforcement of the determination of the Tribunal under Section 11(3)(a) of the 1993 Act, indicate whether or not an appeal has been brought from the determination concerned and, if no such appeal has been brought, that the time for appeal has elapsed, or, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof. Such applications shall be in accordance with Form 36A of the Schedule of Forms annexed hereto.

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

• (4) 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.

• (5) 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.

• (6) The following documents shall be filed with the application—

  • (I) in the case of an appeal under section 11(1) of the 1993 Act, the original letter or notice from the Tribunal communicating its determination or a certified copy thereof;

  • (II) in the case of an application under section 11(2)(b) of the 1993 Act, a certified copy of the order made on the appeal and an affidavit or statutory declaration as to the service of that order;

  • (III) in the case of an application under section 11(3)(a) of the 1993 Act:

  • (a) a certified copy of the original Notice of Appeal to the Tribunal;

  • (b) a certified copy of the determination of the Tribunal;

  • (c) the original letter or notice from the Tribunal communicating its determination or a certified copy thereof.

• (7) 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.

• (8) 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.

• (9) 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.

• (10) 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.

• (11) The Court may make such Order as to costs as may be appropriate, including an Order measuring the costs.

Rule 2 — Payment of Wages Act 1991

1. (1) In this Rule—

“the Act” means the Payment of Wages Act 1991 (No. 25 of 1991);

“Commissioner” means a rights commissioner and

“the Tribunal” means the Employment Appeals Tribunal.

• (2) The provisions of these Rules which relate to the enforcement of an Order of the Court shall apply, with any necessary modifications, to any decision of a Commissioner, or a determination of the Tribunal, made in proceedings under the Act and any Form in the Appendices to these Rules which contains a reference to an Order of the Court may be adapted to refer to such a decision or determination.

Rule 3 — Adoptive Leave Act 1995

1. (1) In this Rule—

“the Act” means the Adoptive Leave Act 1995 (No. 2 of 1995);

“Commissioner” means a rights commissioner;

“the Minister” means the Minister for Justice, Equality and Law Reform, and

“the Tribunal” means the Employment Appeals Tribunal.

• (2) 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—

  • (a) a certified copy of the decision of the Commissioner or a certified copy of the determination of the Tribunal; and

  • (b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the plaintiff with the aforementioned decision of the Commissioner or determination of the Tribunal;

  • (c) a copy Notice of Appeal, if applicable,

  and shall set out

  - (i) all facts relevant to the alleged failure to carry out the decisions or determinations;
  
  - (ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed, or, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.
  

• (3) 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.

• (4) 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.

• (5) 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.

• (6) 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.

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

Rule 4 — Organisation of Working Time Act 1997

1. (1) In this Rule—

“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.

• (2) 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 plaintiff relies for the reliefs sought and which shall have annexed thereto the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced, and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

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

• (4) 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.

• (5) 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.

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

Rule 5 — Parental Leave Act 1998

1. (1) In this Rule—

“the Act” means the Parental Leave Act 1998 (No. 30 of 1998);

“Commissioner” means a rights commissioner;

“the Minister” means the Minister for Justice, Equality and Law Reform, and

“the Tribunal” means the Employment Appeals Tribunal.

• (2) 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.

• (3) 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

  • (a) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal and

  • (b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the plaintiff with the aforementioned decision of the Commissioner or determination of the Tribunal;

  • (c) a copy Notice of Appeal, if applicable;

  and shall set out

  - (i) all the facts relevant to the alleged failure to carry out the decisions or determinations;
  
  - (ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed or, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment.
  

• (4) 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.

• (5) 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 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 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 at the Labour Relations Commission, as appropriate.

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

• (7) The Court may make such Order as to costs as may be appropriate.”

21.

“Rule 7 — Protection of Employees (Part-Time Work) Act 2001

1. (1) In this Rule—

“the Act” means the Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001);

“a determination of the Labour Court” shall be interpreted having regard to the provisions of Section 18(2) of the Act, and

“the Minister” means the Minister for Enterprise, Trade and Employment.

• (2) All applications under Section 18 of the Act by way of claim for enforcement of determinations of the Labour Court by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member, or by the Minister shall be made by way of Motion on Notice in accordance with Form 36F of the Schedule of Forms annexed hereto with such amendments as are appropriate which shall set out the grounds upon which the plaintiff relies for the reliefs sought and which shall have annexed thereto the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

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

• (4) 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.

• (5) Save by special leave of the Court, all applications under Section 18 of the Act shall be heard upon oral evidence or as may be determined by the Court.

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

Rule 8 — Carer’s Leave Act 2001

1. (1) In this Rule:

“the Act” means the Carer’s Leave Act 2001 (No. 19 of 2001);

“Commissioner” means a rights commissioner;

“the Minister” means the Minister for Justice, Equality and Law Reform, and

“the Tribunal” means the Employment Appeals Tribunal.

• (2) 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.

• (3) 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

  • (a) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal and

  • (b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the plaintiff with the aforementioned decision of the Commissioner or determination of the Tribunal;

  • (c) a copy Notice of Appeal, if applicable;

  and shall set out

  - (i) all the facts relevant to the alleged failure to carry out the decisions or determinations;
  
  - (ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed or, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.
  

• (4) 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.

• (5) 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 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 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 at the Labour Relations Commission, as appropriate.

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

• (7) The Court may make such Order as to costs as may be appropriate.”

22.

• (1) by the re-numbering in Rule 1 of sub-rules (7) and (8) respectively as sub-rules (6) and (7) respectively;

• (2) by the substitution for the words “this Order” of the words “this Rule” where those words appear in sub-rules (1), (2), (3), (6) and (7) of Rule 1; sub-rules (1), (2), (3), (4), (5), (6), (9) and (11) of Rule 2; sub-rules (1), (2), (3)(a), (7)(d), (10)(f), (10)(i), (21), (23)(e) and (24) of Rule 4, and sub-rules (1), (2) and (6) of Rule 5;

• (3) by the substitution in each of sub-rule (1)(b) and sub-rule (6) of Rule 1 for the words “the Births and Deaths Registration Acts 1863 to 1987” of the words “the Civil Registration Act 2004 ”;

• (4) by the substitution for sub-rule (6) of Rule 2 of the following—

• “(6) Every Family Law Civil Bill issued pursuant to this Rule shall be served in the manner prescribed by Order 11 on the respondent (or party directed to be notified as aforesaid) at his last known place of residence. 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.”

• (5) by the substitution in sub-rule (10) of Rule 2 for the words “Rule 7” of the words “sub-rule (7)”;

• (6) by the substitution in sub-rule (1) of Rule 4, in each instance in which it appears in paragraph (a) of sub-rule (3) of Rule 4, in sub-paragraph (i) of paragraph (a) of sub-rule (4) of Rule 4, in paragraph (h) of sub-rule (20) of Rule 4, in sub-rule (30) of Rule 4, in sub-rule (31) of Rule 4 and in paragraph (b) of sub-rule (32) of Rule 4 for the words “the 1976 Act” of the words “the First 1976 Act”;

• (7) by the substitution in paragraph (a) of sub-rule (3) of Rule 4 for the words “Rule 4(b) of these Rules” of the words “sub-rule (4)(b) of this Rule”;

• (8) by the substitution in sub-rule (4) of Rule 4 for the words “Form 1” of the words “Form 2N”;

• (9) by the substitution in each of sub-rule (6), paragraph (a) of sub-rule (7) and paragraph (a) of sub-rule (9) of Rule 4 for the words “Rules 17 and 18 hereof” of the words “sub-rules (17) and (18)” and for the words “Rule 19 hereof” of the words “sub-rule (19)” where those words appear;

• (10) by the substitution in paragraph (g) of sub-rule (4) of Rule 4 for the words “the Family Law (Divorce) Act, 1996 ” of the words “the 1996 Act” and for the words “the Family Law Act 1995 ” of the words “the 1995 Act”, and by the substitution in paragraph (d) of sub-rule (9) of Rule 4, in the title immediately following sub-rule (28) of Rule 4 and in sub-rule (29) of Rule 4 for the words “the Family Law (Maintenance of Spouses and Children) Act 1976 ” of the words “the First 1976 Act” and by the deletion from the title immediately following sub-rule (28) of Rule 4 of the words “(as amended)(hereinafter “the 1976 Act”)” and by the substitution in sub-rule (33) of Rule 4 for the words “the Family Home Protection Act 1976 ” of the words “the Second 1976 Act”;

• (11) by the substitution in paragraph (a) of sub-rule (7) of Rule 4 for the words “the provisions of Order 10 Rule 21” of the words “the provisions of Order 11 Rule 21”;

• (12) by the substitution in paragraph (b) of sub-rule (7) of Rule 4 for the words “Rule 8 (a) hereof” of the words “sub-rule (8)(a)”;

• (13) by the substitution in paragraph (c) of sub-rule (9) of Rule 4 for the words “Rule 36 hereof” of the words “sub-rule (36)”;

• (14) by the deletion from paragraph (b) of sub-rule (10) of Rule 4 of the words “appearance/”;

• (15) by the substitution in paragraph (g) of sub-rule (10) of Rule 4 for the words “Rule 10 hereof” of the words “sub-rule (9)”;

• (16) by the substitution for sub-rule (11) of Rule 4 of the following—

“11. Subject to paragraphs (g), (h) and (i) of sub-rule (10), when a Defence has been duly entered and served, the Applicant may serve a notice of trial or a notice to fix a date for trial, as appropriate, in accordance with Forms 15A and 15B of the Schedule of Forms.”;

• (17) by the substitution in each of sub-rules (12) and (13) of Rule 4 for the words “This Rule” of the words “This sub-rule”, where those words appear;

• (18) by the substitution for paragraph (a) of sub-rule (16) of Rule 4 of the following—

• “(a) Save where the Court shall otherwise direct, any notice party, including the trustees of a pension scheme, who wishes to make representations to the Court pursuant to section 12(18) and/or section 13(2) of the 1995 Act or section 17(18) of the 1996 Act shall make such representations by Affidavit of Representation to be filed and served on all parties to the proceedings within 28 days of service upon them of notice of the application for relief under section 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act in accordance with sub-rules (7) and (9) or within such time or in such manner as the court may direct.”;

• (19) by the substitution for sub-rule (17) of Rule 4 of the following—

“17. Without prejudice to the right of each party to make application to the Court for an Order of Discovery pursuant to these Rules and without prejudice to the jurisdiction of the Court pursuant to section 12(25) of the 1995 Act and section 17(25) of the 1996 Act, in any case where financial relief under the Acts is sought, the parties shall file Affidavits of Means in accordance with sub-rules (6) and (9) in respect of which the following rules shall be applicable—

• (a) either party may request the other to vouch any or all items referred to therein within 14 days of the request;

• (b) in the event of a party failing to properly comply with the provisions in relation to the filing and serving of Affidavits of Means as set down in these Rules or failing to properly vouch the matters set out therein the Court may on application grant an Order for Discovery and/or may make such Orders as the Court deems appropriate and necessary (including an Order that such party shall not be entitled to pursue or defend as appropriate such claim for any ancillary reliefs under the Acts save as permitted by the Court upon such terms as the Court may determine are appropriate and/or adjourning the proceedings for a specified period of time to enable compliance) and furthermore and/or in the alternative relief pursuant to section 38(8) of the 1995 Act or section 38(7) of the 1996 Act may be sought in accordance with sub-rule (23).”;

• (20) by the substitution in sub-rule (18) of Rule 4 for the words “Pensions Acts 1990 —1996” of the words “Pensions Acts 1990 to 2002”;

• (21) by the substitution for sub-rule (19) of Rule 4 of the following—

“19. An Affidavit of Welfare shall be in the form set out in Form 37B. In circumstances in which the Respondent agrees with the facts as averred to in the Affidavit of Welfare filed and served by the Applicant, the Respondent may file and serve an Affidavit of Welfare in the alternative form provided for in Form 37B herein. In circumstances in which the Respondent disagrees with the Affidavit of Welfare filed and served by the Applicant, a separate Affidavit of Welfare, including the schedule provided for in the form set out in Form 37B shall be sworn, filed and served by the Respondent in accordance with sub-rule (9).”;

• (22) by the substitution in sub-rule (20) of Rule 4 for the words “Rule 4” of the words “sub-rule (4)” where those words appear in sub-paragraph (i) of each of paragraphs (a), (b), (c), (e), (f), (g), (h) and (i);

• (23) by the substitution for sub-rule (21) of Rule 4 of the following—

“21. Save where the Court otherwise directs and subject to sub-rule (25), every Application under this Rule shall be heard on oral evidence, such hearings to be held in camera.”, and

• (24) by the substitution in sub-rule (22) of Rule 4 for the words “Notwithstanding the provisions of Rule 21 hereof” of the words “Notwithstanding the provisions of sub-rule (21)”;

• (25) by the substitution in paragraph (a) of sub-rule (23) of Rule 4 for the words “of section 17(25)” of the words “or section 17(25)” and for the words “section 12(25) of the 1995” of the words “section 12(25) of the 1995 Act”;

• (26) by the substitution in paragraph (e) of sub-rule (23) of Rule 4 for the words “under this Rule” of the words “under this sub-rule”;

• (27) by the substitution in each of paragraphs (a) and (b) of sub-rule (26) of Rule 4 for the words “Rules 7, 16, 17, 18, 21 and 22 hereof” of the words “sub-rules (7), (16), (17), (18), (21) and (22)”;

• (28) by the substitution in each of sub-rules (30) and (31) of Rule 4 for the words “For the purposes of Rule 29 hereof” of the words “For the purposes of sub-rule (29)”;

• (29) by the substitution in sub-rule (30) of Rule 4 for the words “Rule 3 hereof” of the words “sub-rule (3)”;

• (30) by the substitution for paragraph (a) of sub-rule (32) of Rule 4 of the following—

• “(a) Subject to the right of the Court to give such directions as it considers appropriate or convenient, evidence at the hearing of the motion under sub-rule (29) shall be by affidavit.”;

• (31) by the substitution for paragraph (b) of sub-rule (34) of Rule 4 of the following—

• “(b) Where necessary, the Court may make an order determining who shall bear any costs incurred by trustees of a pension scheme pursuant to section 12(22) of the 1995 Act or section 17(22) of the 1996 Act and in making such determination the Court shall have regard, inter alia, to the representations made by the trustees pursuant to sub-rule (16), if any.”;

• (32) by the substitution in each of sub-rules (2), (9) and (12) of Rule 5 for the words “a health board” or “the health board” of the words “the Health Service Executive”;

• (33) by the substitution in sub-rule (4) of Rule 5 for the words “Rule 9 hereof” of the words “sub-rule (8)”;

• (34) by the substitution in each of sub-rules (5) and (6) of Rule 5 for the words “under Rule 3 of this Order” of the words “under sub-rule (3)”;

• (35) by the substitution in each of sub-rules (7) and (8) of Rule 5 for the words “under Rule 3” of the words “under sub-rule (3)”;

• (36) by the substitution in sub-rule (8) of Rule 5 for the words “twenty-one” of the word “eighteen”;

• (37) by the substitution in sub-rule (8) of Rule 5 for the words “the provisions or Order 11 of these Rules” of the words “the provisions of Order 11”;

• (38) by the substitution in each of sub-rules (8) and (9) of Rule 5 for the words “Rule 4 hereof” of the words “sub-rule (4)”, and

• (39) by the substitution in sub-rule (12) of Rule 5 for the words “the 1996 Act” of the words “the Act”

and Order 59 as so amended is as set out in Schedule 1.

23.

24.

“1. (1) In this Order, “the Act” means the Courts and Court Officers Act 1995 (No. 31 of 1995).

• (2) An application by the prosecutor or an accused pursuant to section 32(1) of the Act for an order transferring the trial of a person charged with an indictable offence to the Circuit Court sitting within the Dublin Circuit shall, save where the Court otherwise directs or permits, be made by motion on notice to the accused or, as the case may be, the prosecutor.

• (3) The Notice of Motion shall specify the grounds upon which such application is to be made and any facts relied on in the application shall be verified in an Affidavit sworn by or on behalf of the applicant.

• (4) An application by the prosecutor pursuant to section 32(3) of the Act may be made ex parte at any time or place approved by the Judge concerned, by arrangement with the County Registrar.

• (5) An Order made pursuant to section 32(1) of the Act shall specify the following—

  • (i) the Sitting of the Circuit Court within the Dublin Circuit to which the case has been transferred;

  • (ii) whether the accused is in custody or on bail;

  • (iii) the name and address of the accused’s Solicitor, if the accused is represented by a Solicitor.”

25.

26.

27.

• (1) by the deletion in paragraph 2 of the words “The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended. ORDER 53” and the number “1.”, and

• (2) by the insertion therein as paragraph 3 of the following—

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 41.”, and

• (3) by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 41”.

28.

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 42.”