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

and by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 42”.

29.

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 36F.”

and by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 36F”.

30.

“3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 43.”

and by the substitution for the word and number “Form 1” in the form annexed thereto of the word and number “Form 43”.

31.

32.

33.

34.

SCHEDULE 1 ORDER 59

FAMILY LAW

Rule 1 — Appointment of registered father as guardian

• (a) the mother consents in writing to the appointment of the father as guardian, and

• (b) the father is registered as the father in a Register maintained under the Civil Registration Act 2004 .

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

• (3) All proceedings under this Rule shall be instituted by the issue, out of the Office, of an originating Motion.

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

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

• (6) Every application under this Rule shall be heard on oral evidence. It will be necessary for the applicant to produce suitable evidence of the consent in writing of the mother, and a certified copy of the entry in the Register maintained under the Civil Registration Act 2004 , showing that the applicant is registered as the father of the infant to whom the application relates.

• (7) Every application under this Rule shall be heard otherwise than in public.

Rule 2 — Declaration of Parentage

• (2) All proceedings under this Rule shall be instituted by the issue, out of the Office of the County Registrar, of a Family Law Civil Bill.

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

• (a) the address within the State where every party to the proceedings resides or carries on any profession, business or occupation;

• (b) the date of birth of the applicant;

• (c) the place of birth of the applicant;

• (d) if the place of birth of the applicant is not within the State, the reasons for seeking the declaration from the Court;

• (e) the name and address of the person named as the father of the applicant;

• (f) whether the person named as the father of the applicant is or is not alive;

• (g) the name and address of the person named as the mother of the applicant;

• (h) whether the person named as the mother of the applicant is or is not alive;

• (i) in respect of each person named as father or mother, a brief statement of the grounds upon which it is alleged that the said person is the father or mother of the applicant.

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

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

• (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.

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

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

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

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

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

Rule 3 — Blood Tests where Parentage is in Issue

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

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

• (4) Every direction under section 38(1) shall be in Form 37I of the Schedule of Forms annexed hereto.

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

Rule 4—

Guardianship of Infants Act 1964

Family Law (Maintenance of Spouses and Children) Act 1976

Family Home Protection Act 1976

Judicial Separation and Family Law Reform Act 1989

Family Law Act 1995

Family Law (Divorce) Act 1996

Children Act 1997

Introduction

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

“the 1995 Act” means the Family Law Act 1995 (No. 26 of 1995) and

“the 1989 Act” means the Judicial Separation and Family Law Reform Act 1989 (No. 6 of 1989) and

“the 1964 Act” means the Guardianship of Infants Act 1964 (No. 7 of 1964),

“the 1997 Act” means the Children Act 1997 (No. 40 of 1997),

“the First 1976 Act” means the Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11 of 1976) and

“the Second 1976 Act” means the Family Home Protection Act 1976 (No. 27 of 1976).

Venue

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

Commencement

• (3)
• (a) All proceedings for divorce, judicial separation, relief after foreign divorce or separation outside the State, nullity, declarations of marital status, the determination of property issues between spouses pursuant to section 36 of the 1995 Act/formerly engaged couples pursuant to section 44 of the 1996 Act, relief pursuant to section 25 of the 1995 Act, section 18 of the 1996 Act or section 15A of the 1995 Act, relief pursuant to the 1964 Act, relief pursuant to the 1997 Act, relief pursuant to the First 1976 Act or relief pursuant to the Second 1976 Act under this Rule shall be instituted by the issuing out of the office of the County Registrar for the appropriate county of the appropriate Family Law Civil Bill in accordance with Form 2N of the Schedule of Forms annexed hereto with such modifications thereto as may be appropriate in the format and manner hereinafter provided save that no Family Law Civil Bill for relief after foreign divorce or separation outside the State shall be issued until requirements set down in sub-rule (4)(b) of this Rule have been complied with. Upon issue, the Family Law Civil Bill shall be served in a manner provided for hereunder.

• (b) No proceedings for a relief order after foreign divorce or separation outside the State shall issue without the leave of the appropriate Court in accordance with section 23(3) of the 1995 Act. Such application for leave to issue proceedings shall be made ex parte by way of ex parte docket grounded upon the Affidavit of the Applicant or another appropriate person. The aforementioned Affidavit shall exhibit a draft of the Family Law Civil Bill for relief after divorce or separation outside the State which the Applicant seeks leave to issue as well as the foreign divorce or separation decree, shall set forth fully the reasons why relief is being sought and shall make specific averment to the fact that, to the knowledge, information and belief of the Applicant, the jurisdictional requirements of section 27 of the 1995 Act are complied with in the particular case, specifying the particular basis of jurisdiction being relied upon.

Form of Proceedings

• (4) Every Family Law Civil Bill shall be in numbered paragraphs setting out the relief sought and the grounds relied upon in support of the application. The Civil Bill shall be in accordance with the form set out in Form 2N herein or such modification thereof as may be appropriate, subject to the requirements hereinafter set out.

• (a) A Family Law Civil Bill for a Decree of Divorce shall, in all cases, include the following details—

• (i) the date and place of marriage of the parties;

• (ii) the length of time the parties have lived apart, including the date upon which the parties commenced living apart, and the addresses of both of the parties during that time, where known;

• (iii) details of any previous matrimonial relief sought and/or obtained and details of any previous separation agreement entered into between the parties (where appropriate a certified copy of any relevant court order and/or deed of separation/separation agreement should be annexed to the Civil Bill);

• (iv) the names and ages and dates of birth of any dependent children of the marriage;

• (v) details of the family home(s) and/or other residences of the parties including, if relevant, details of any former family home/residence to include details of the manner of occupation/ownership thereof;

• (vi) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

• (vii) the basis of jurisdiction under the 1996 Act;

• (viii) the occupation(s) of each party;

• (ix) the grounds relied upon for the relief sought;

• (x) each section of the 1996 Act under which relief is sought.

• (b) A Family Law Civil Bill for a Decree of Judicial Separation shall, in all cases, include the following details:

• (i) the date and place of marriage of the parties;

• (ii) the names and ages and dates of birth of any dependent children of the marriage;

• (iii) details of the family home(s) and/or other residence of the parties including, if relevant, details of any former family home/residence to include details of the manner of occupation/ownership thereof;

• (iv) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

• (v) the basis of jurisdiction under the Act;

• (vi) the occupation(s) of each party;

• (vii) the grounds relied upon for the decree and any other relief sought;

• (viii) each section of the Act under which relief is sought including whether or not an Order pursuant to section 54(3) of the 1995 Act is sought.

• (c) A Family Law Civil Bill for relief after foreign divorce or separation outside the State pursuant to section 23 of the 1995 Act shall, in all cases, include the following details—

• (i) the date and place of marriage and divorce/separation of the parties (a certified copy of the decree absolute or final decree of divorce/separation together with, where appropriate, an authenticated translation thereof shall be annexed to the Family Law Civil Bill);

• (ii) financial and property and custodial/access arrangements operating ancillary to the said decree, whether such arrangements were made by agreement or by Order of the Court or otherwise and whether such arrangements were made contemporaneous to the decree or at another time and the extent of compliance therewith;

• (iii) the names and ages and dates of birth of any dependent children of the marriage;

• (iv) the family home and/or other residence of the parties including, if relevant, details of any former family home/residence to include details of the manner of occupation/ownership thereof;

• (v) where reference is made in the Civil Bill to any immovable property within the State, whether it is registered or unregistered land and a description of the land/premises so referred to;

• (vi) the basis of jurisdiction under section 27 of the 1995 Act;

• (vii) the present marital status and occupation(s) of each party;

• (viii) the grounds relied upon for the relief sought;

• (ix) each section of the 1995 Act under which relief is sought;

• (x) details relevant to the matters referred to in section 26 of the 1995 Act.

• (d) A Family Law Civil Bill for nullity shall, in all cases, include the following details—

• (i) the date and place of marriage of the parties;

• (ii) the domicile of the spouses on the date of the marriage and on the date of the institution of proceedings and, where either spouse has died prior to the institution of proceedings, the domicile of the said spouse at the date of death;

• (iii) whether or not the spouses or either of them has been ordinarily resident in the State throughout the period of one year prior to the date of institution of proceedings and, where either spouse has died prior to the institution of proceedings, whether or not the said spouse was ordinarily resident in the State throughout the period of one year prior to his death;

• (iv) the address and description of each party;

• (v) the number of children of the marriage;

• (vi) the grounds upon which decree and any other relief is sought;

• (vii) the relief sought (including whether or not a declaration relating to the custody of a dependent member of the family pursuant to section 46 of the 1995 Act is being sought) and the issues to be tried.

• (e) A Family Law Civil Bill for Declaration of Marital Status shall, in all cases, include the following details—

• (i) the nature of the Applicant’s reason for seeking such a declaration;

• (ii) full details of the marriage/divorce/annulment/legal separation in respect of which the declaration is sought including the date and place of such marriage/divorce/annulment/legal separation (where possible, a certified copy of the marriage certificate/decree of divorce/ annulment/legal separation should be annexed to the Civil Bill);

• (iii) the manner in which the jurisdictional requirements of section 29(2) of the 1995 Act are satisfied;

• (iv) particulars of any previous or pending proceedings in relation to any marriage concerned or to the matrimonial status of a party to any such marriage in accordance with section 30 of the 1995 Act;

• (v) the relief being sought;

• (vi) any other relevant facts.

• (f) A Family Law Civil Bill for the determination of property issues between spouses, pursuant to section 36 of the 1995 Act or between formerly engaged persons, pursuant to section 44 of the 1996 Act, shall, in all cases, include the following—

• (i) the description, nature and extent of the disputed property or monies;

• (ii) the state of knowledge of the Applicant spouse in relation to possession and control of the disputed property or monies at all relevant times;

• (iii) the nature and extent of the interest being claimed by the Applicant in the property or monies and the basis upon which such a claim is made;

• (iv) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;

• (v) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

• (vi) the manner in which it is claimed that the Respondent spouse has failed, neglected or refused to make to the Applicant spouse such appropriate payment or disposition in all of the circumstances and details of any payment or disposition made;

• (vii) that the time limits referred to at section 36(7) of the 1995 Act have been complied with;

• (viii) any other relevant matters.

• (g) A Family Law Civil Bill for relief pursuant to section 18 of the 1996 Act or section 15A or section 25 of the 1995 Act shall, in all cases include the following details—

• (i) the date and place of marriage and the date of any decree of divorce/judicial separation and the marriage certificate and a certified copy of the decree of divorce/separation shall be annexed to the Civil Bill (with authenticated translations, where appropriate);

• (ii) details of previous matrimonial relief obtained by the Applicant and in particular lump sum maintenance orders and property adjustment orders, if any;

• (iii) details of any benefits previously received from or on behalf of the deceased spouse whether by way of agreement or otherwise and details of any benefits accruing to the Applicant under the terms of the Will of the deceased spouse or otherwise;

• (iv) the date of death of the deceased spouse, the date on which representation was first granted in respect of the estate of the said spouse and, if applicable, the date upon which notice of the death of the deceased spouse was given to the Applicant spouse and the date upon which the Applicant spouse notified the personal representative of his/her intention to apply for relief pursuant to section 18(7) of the 1996 Act and section 15A(7) of the 1995 Act;

• (v) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;

• (vi) the marital status of the deceased spouse at the date of death and the marital status of the Applicant at the date of the application and whether the Applicant has remarried since the dissolution of the marriage between the Applicant and the deceased spouse;

• (vii) details of all dependents of the deceased spouse at the date of death and of all dependents of the Applicant at the date of the application together with details of any other interested persons;

• (viii) that no order pursuant to section 18(10) of the 1996 Act or section 15A(10) of the 1995 Act has previously been made;

• (ix) details of the value of the estate of the deceased spouse, where known;

• (x) any other relevant facts.

Applications pursuant to section 15A(6) or section 25(7) of the 1995 Act or section 18(6) of the 1996 Act by the personal representative in relation to the distribution of the estate shall be by motion, grounded on affidavit, on notice to the applicant spouse and such other persons as the Court shall direct.

• (h) A Family Law Civil Bill for relief under the 1964 Act or the 1997 Act shall in all cases contain the following details—

• (i) the precise reliefs being sought;

• (ii) whether the Applicant is the mother or the father or some other relative of the infant;

• (iii) whether the Respondent is the mother or the father or some other relative of the infant;

• (iv) details of the guardians of the infant;

• (v) the residential address and occupation of the Applicant and the Respondent;

• (vi) the grounds upon which the application is being made;

• (vii) the date of birth and place of residence of the infant together with all other relevant details relating to the infant;

• (viii) any other relevant information.

• (i) A Family Law Civil Bill for relief under the First 1976 Act shall in all cases contain the following details—

• (i) the precise reliefs being sought and the persons in respect of whom they are being sought;

• (ii) the residential address and occupation of the Applicant and the Respondent;

• (iii) the relationship between the Applicant and the Respondent and the persons in respect of whom the application is being made;

• (iv) date of marriage (if applicable) including details of the date and place of marriage;

• (v) names and dates of birth of all children concerned in the application together with their places of residence;

• (vi) the nature of the failure to maintain being asserted;

• (vii) any relevant change of circumstances (if applicable);

• (viii) any other relevant circumstances.

• (j) A Family Law Civil Bill for relief under the Second 1976 Act shall in all cases contain the following details—

• (i) the address and description of the family home;

• (ii) the date and place of marriage of the parties;

• (iii) the residential address and occupation of the Applicant and the Respondent (if known);

• (iv) the relief being sought and the facts intended to be relied upon;

• (v) the rateable valuation of the premises;

• (vi) any other relevant circumstances.

• (5) All Family Law Civil Bills shall be dated and shall bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by the party’s Solicitor, if any, or, where the Applicant does not have a Solicitor, by that party personally. The address to which a Respondent should apply in order to receive information in relation to legal aid shall also be included in such Civil Bills.

Issuing and Entry

• (6) On the issuing of a Family Law Civil Bill the original thereof shall be filed, together with the appropriate certificate (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in the intended action sworn by the Applicant in compliance with sub-rules (17) and (18) hereof and, in all circumstances where there are dependent children, an Affidavit of Welfare in the intended action in compliance with sub-rule (19) hereof, and the County Registrar shall thereupon enter same.

Service

• (7)
• (a) All Family Law Civil Bills shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years together with the appropriate certificate in the form set out in Form 37D of the Schedule of Forms annexed hereto (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in compliance with sub-rules (17) and (18) hereof in the form set out in Form 37A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 19 hereof in the form set out in Form 37B of the Schedule of Forms annexed hereto. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought, notice thereof in accordance with Form 37C of the Schedule of Forms annexed hereto shall also be served on the trustees of the pension scheme in question by registered post at their registered office or other appropriate address and an Affidavit of such Service sworn and filed within fourteen days of service of the Civil Bill. Service shall be endorsed upon all Family Law Civil Bills in accordance with the provisions of Order 11 Rule 21 of these Rules. All other pleadings may be served by ordinary pre-paid post.

• (b) In all cases in which a declaration of marital status under Section 29 of the 1995 Act is sought, the Family Law Civil Bill shall, in addition to the provisions of sub-rule (8)(a) hereof, be served upon the parties to the marriage or, where no longer living, their personal representatives (all of whom shall be parties to the proceedings) and to such other persons as the Court may direct, including the Attorney General, in accordance with the provisions as to service of Family Law Civil Bills hereinbefore set out in respect of the Respondent to proceedings which said persons (excepting the Attorney General) may be made parties to the application in accordance with section 29(6) of the 1995 Act. The Attorney General shall, however, be entitled to interplead in such proceedings.

• (c) Where relief is sought pursuant to sections 15A or 25 of the 1995 Act or section 18 of the 1996 Act, the Family Law Civil Bill shall be served in accordance with these Rules on the personal representative of the deceased and on the spouse (if any) of the deceased and on such other person or persons as the Court shall direct.

• (d) Where, in any application pursuant to this Rule, it is appropriate to direct an Order to any third person who is not a party to the proceedings, the Court may if it thinks fit adjourn the matter and direct the Applicant or the Respondent to notify the third person against whom an Order is sought of the fact that an Order is sought against him and of the adjourned date, so that this said third person may appear and be heard in relation to the making of the said Order. Alternatively, the Court may, when making an Order directed to any third person, provide, in the said Order, that the said third person should have liberty to apply to the Court on notice to the Applicant and the Respondent to set aside the Order made insofar as it is directed against or relates to the said third person.

Appearance

• (8) If a Respondent intends to contest the application, or any part thereof, he/she shall enter an Appearance in the Office within 10 days of the service upon him/her of the Family Law Civil Bill together with the appropriate certificate in the form set out in Form 37D of the Schedule of Forms annexed hereto (pursuant to section 6 of the 1989 Act and section 7 of the 1996 Act), and shall serve a copy of the Appearance and appropriate certificate on the Applicant’s Solicitors or, where appropriate, on the Applicant. The Appearance shall bear an address for service of any interlocutory applications and shall be signed by the Respondent’s Solicitor or, if the Respondent does not have a Solicitor, by the Respondent personally.

Defence

• (9)
• (a) A Respondent shall at the same time as entering an Appearance, or within 10 clear days from the date of service of the Appearance, or such further time as may be agreed between the parties or allowed by the Court, file and serve a Defence, together with an Affidavit of Means in compliance with sub-rules (17) and (18) hereof and, in all cases where there are dependent children, an Affidavit of Welfare in compliance with sub-rule (19) hereof on the Applicant, or the Applicant’s Solicitor, if any, and on the County Registrar in the forms set out in Forms 37A and 37B of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought by way of Counterclaim, notice thereof in accordance with Form 37C of the Schedule of Forms annexed hereto shall also be served on the trustees of the pension scheme in question by registered post at their registered office and a Affidavit of such Service sworn and filed within 7 days of service of the Defence and Counterclaim.

• (b) No Appearance or Defence shall be entered after the time specified in these Rules without the leave of the Court or of the County Registrar or the agreement of the parties, and no Defence shall be entered unless the Respondent has previously entered an Appearance as required by these Rules.

• (c) Whether or not a Defence is filed and served in any proceedings, the Respondent shall, where appropriate, in any event be obliged to file and serve an Affidavit of Means and a Welfare Statement in accordance with these Rules of Court within 20 days after the service of the Family Law Civil Bill upon him/her subject to sub-rule (36).

• (d) Without prejudice to the entitlement of the Court to permit representations in relation to the making or refusal of an attachment of earnings order at the hearing of the action, such representations for the purposes of section 8(6)(b) of the 1995 Act or section 13(6)(b) of the 1996 Act or section 10(3)(a) of the First 1976 Act may be included in the Defence.

Motions for Judgment

• (10)
• (a) In any case in which a Respondent has made default in entering an Appearance or filing a Defence, as the case may be, the Applicant may, subject to the provisions of the following sub-rules of this Rule, at any time after such default, on notice to be served on the Respondent and, where relief pursuant to section 12 and/or 13 of the 1995 Act and section 17 of the 1996 Act is sought, on the trustees of the pension scheme concerned, not less than fourteen clear days before the hearing, apply to the Court for judgment in default of appearance/defence.

• (b) No notice of motion for Judgment in default of defence shall be served unless the Applicant has at least fourteen days prior to the service of such notice written to the Respondent giving him notice of his/her intention to serve a notice of motion for Judgment in default of defence and at the same time consenting to the late filing of a Defence within fourteen days from the date of the letter.

• (c) If no defence is delivered within the said period the Applicant shall be at liberty to serve a notice of motion for Judgment in default of defence which shall be returnable to a date not less than fourteen clear days from the date of the service of the notice, such notice of motion to be filed not later than six days before the return date.

• (d) If in any case the Applicant can establish special reasons for making it necessary to serve a notice of motion for Judgment in default of appearance/defence in the cases provided for by this Rule with greater urgency than in accordance with the provisions hereinbefore contained, he may apply ex parte to the Court for an Order giving him liberty to serve a notice of motion for Judgment in default of appearance/defence giving not less than four clear days’ notice to the Respondent, or in the alternative the Judge may deem good the service of a notice of motion giving not less than four clear days’ notice to the Respondent.

• (e) Upon the hearing of such application the Court may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the Applicant’s claim endorsed upon the Family Law Civil Bill, or may give leave to the Respondent to defend the whole or part of the claim upon such terms as he or she may consider just.

• (f) Upon the hearing of an application for judgment under this Rule the Court may make such order as to costs as the Court considers just.

• (g) In any case in which the parties are agreed in respect of all of the reliefs being sought and a Defence in accordance with sub-rule (9) has been filed and served by the Respondent which reflects this agreement, the Applicant or the Respondent may, subject to the provisions of the following sub-rules of this Rule, at any time after such Defence has been filed and served, on notice to be served on the other party and, where relief pursuant to section 12 and/or 13 of the 1995 Act and section 17 of the 1996 Act is sought, on the trustees of the pension scheme concerned, not less than fourteen clear days before the hearing, apply to the Court for judgment, the application to be by way of motion on notice.

• (h) Upon the hearing of such application the Court may, upon hearing such evidence, oral or otherwise, as may be adduced

• (i) give judgment in the terms agreed between the parties or

• (ii) give such directions in relation to the service of a Notice of Trial/Notice to fix a date for Trial as to the Court appears just.

• (i) Upon the hearing of an application for judgment under this Rule the Court may make such order as to costs as the Court considers just.

Notice of Trial/Notice to fix a date for Trial

• (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.

Notice of Trial (Circuits other than Dublin Circuit)

• (12) This sub-rule shall not apply to the Dublin Circuit. Not less than ten days’ notice of trial shall be served upon the Respondent and all other necessary parties and, where relief is sought under sections 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act, upon the trustees of the pension scheme in question, and shall be for the Sittings next ensuing after the expiration of the time mentioned in the said notice, and same shall be filed at the Office not later than seven days before the opening of such Sittings. Such notice of trial and filing thereof shall operate to set down the action or matter (including counterclaim if any) for hearing at the next ensuing Sittings.

Notice to fix a date for Trial (Dublin Circuit)

• (13) This sub-rule shall apply only to the Dublin Circuit. Ten days’ notice to fix a date for trial shall be necessary and sufficient and shall be served upon the Respondent and all other necessary parties and, where relief is sought under sections 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act, upon the trustees of the pension scheme in question, and filed at the Office. Such notice to fix a date for a trial shall set out the date upon which a date for hearing shall be fixed by the County Registrar and shall operate to set down the action or matter (including a Counterclaim if any) for hearing upon such date as may be fixed by the County Registrar.

Service by Respondent

• (14) Where the Applicant has failed to serve a notice of trial or notice to fix a date for trial, as appropriate, within ten days after the service and entry of the Defence, the Respondent may do so and may file the same in accordance with these Rules.

Joinder

• (15) The Court, if it considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as the Court shall deem just.

Affidavits of Representation

• (16)
• (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.

• (b) Without prejudice to the entitlement of the Court to permit representations by persons having a beneficial interest in property (not being the other spouse) pursuant to section 15(5) of the 1995 Act and section 19(5) of the 1996 Act or by interested persons pursuant to section 15A(5) or section 25(6) of the 1995 Act and section 18(5) of the 1996 Act at the hearing of the action, such representations may be made by way of Affidavit of Representation to be filed and served on all parties to the proceedings as directed by the Court.

Affidavit of Means

• (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).

• (18) The Affidavit of Means shall set out in schedule form details of the party’s income, assets, debts, expenditure and other liabilities wherever situated and from whatever source and, to the best of the deponent’s knowledge, information and belief the income, assets, debts, expenditure and other liabilities wherever situated and from whatever source of any dependent member of the family and shall be in accordance with the form set out in Form 37A herein or such modification thereof as may be appropriate. Where relief pursuant to section 12 of the 1995 Act is sought, the Affidavit of Means shall also state to the best of the deponent’s knowledge, information and belief, the nature of the scheme, the benefits payable thereunder, the normal pensionable age and the period of reckonable service of the member spouse and where information relating to the pension scheme has been obtained from the trustees of the scheme under the Pensions Acts 1990 to 2002, such information should be exhibited in the Affidavit of Means and where such information has not been obtained a specific averment shall be included in the Affidavit of Means as to why such information has not been obtained.

Affidavit of Welfare

• (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).

Counterclaims

• (20) Save where otherwise directed by the Court, a Counterclaim, if any, brought by a Respondent shall be included in and served with the Defence, in accordance with the provisions of these Rules relating thereto, and shall, in particular, set out in numbered paragraphs

• (a) in the case of an application for a decree of divorce—

• (i) the facts specified at sub-rule (4)(a) hereof in like manner as in the Family Law Civil Bill;

• (ii) outline the ground(s) for a decree of divorce, if sought;

• (iii) specify any ground upon which the Respondent intends to rely in support of any ancillary relief claimed; and

• (iv) the relief sought pursuant to the 1996 Act;

• (b) in the case of an application for a decree of judicial separation

• (i) the facts specified at sub-rule (4)(b) hereof in like manner as in the Family Law Civil Bill;

• (ii) outline the ground(s) for a decree of judicial separation, if sought;

• (iii) specify any additional ground upon which the Respondent intends to rely in support of any ancillary relief claimed; and

• (iv) the relief sought pursuant to the 1995 Act;

• (c) in the case of an application for relief after divorce or separation outside the State

• (i) the facts specified at sub-rule (4)(c) hereof in like manner as in the Family Law Civil Bill;

• (ii) specify any additional ground upon which the Respondent intends to rely in support of any ancillary relief claimed; and

• (iii) the relief sought pursuant to the 1995 Act;

• (d) in the case of an application for a decree of nullity

• (i) outline the ground(s) for a decree of nullity, if sought;

• (ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

• (iii) the relief sought (including whether or not a declaration relating to the custody of a dependent member of the family pursuant to section 46 of the 1995 Act is being sought) and any additional issues to be tried;

• (e) in the case of an application for a Declaration of Marital Status

• (i) the facts specified at sub-rule (4)(e) hereof in like manner as in the Family Law Civil Bill;

• (ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

• (iii) the relief sought pursuant to the 1995 Act;

• (f) in the case of an application for the determination of property issues between spouses, pursuant to section 36 of the 1995 Act/formerly engaged person pursuant to section 44 of the 1996 Act

• (i) the facts specified at sub-rule (4)(f) hereof in like manner as in the Family Law Civil Bill;

• (ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

• (iii) the relief sought pursuant to the 1995 Act;

• (g) in the case of an application for relief under the 1964 Act or the 1997 Act

• (i) the facts specified at sub-rule (4)(h) hereof in like manner as in the Family Law Civil Bill;

• (ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

• (iii) the relief sought pursuant to the 1964 and/or the 1997 Act;

• (h) in the case of an application for relief under the First 1976 Act

• (i) the facts specified at sub-rule (4)(i) hereof in like manner as in the Family Law Civil Bill;

• (ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

• (iii) the relief sought pursuant to the First 1976 Act;

• (i) in the case of an application for relief under the Second 1976 Act

• (i) the facts specified at sub-rule (4)(j) hereof in like manner as in the Family Law Civil Bill;

• (ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

• (iii) the relief sought pursuant to the Second 1976 Act.

Evidence

• (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.

• (22) Notwithstanding the provisions of sub-rule (21), where relief pursuant to section 12 of the 1995 Act or section 17 of the 1996 Act is sought by the Applicant or the Respondent, evidence of the actuarial value of a benefit under the scheme (as defined in section 12(1) of the 1995 Act and section 17(1) of the 1996 Act) may be by Affidavit filed on behalf of the Applicant/Respondent, such Affidavit to be sworn by an appropriate person and served on all parties to the proceedings and filed at least 14 days in advance of the hearing and subject to the right of the Respondent/Applicant to serve Notice of Cross-examination in relation to same. Where one of the parties has adduced evidence of the actuarial value of a benefit by Affidavit as provided for herein and the other party intends to adduce similar or contra oral evidence, notice of such intention shall be served by the disputing party upon all other parties at least 10 days in advance of the hearing.

Interim and Interlocutory Applications

• (23)
• (a) An application for Preliminary Orders pursuant to section 6 of the 1995 Act or section 11 of the 1996 Act or for maintenance pending suit/relief pursuant to section 7 or section 24 of the 1995 Act or section 12 of the 1996 Act or for information pursuant to section 12(25) of the 1995 Act or section 17(25) of the 1996 Act or for relief pursuant to section 35 of the 1995 Act or section 37 of the 1996 Act or for relief pursuant to section 38(8) of the 1995 Act or section 38(7) of the 1996 Act or for a report pursuant to section 47 of the 1995 Act or section 42 of the 1995 Act or for any other interlocutory relief shall be by Notice of Motion to be served upon the parties to the proceedings and, in the case of applications pursuant to section 12(25) of the 1995 Act or section 17(25) of the 1996 Act, upon the trustees of the pension scheme concerned.

• (b) Prior to any interlocutory application for discovery or for information pursuant to section 12(25) of the 1995 Act or section 17(25) of the 1996 Act being made, the information being sought shall be requested in writing voluntarily at least 14 days prior to the issuing of the motion for the relief concerned and upon failure to make such a request, the judge may adjourn the motion or strike out the motion or make such other order, including an order as to costs, as to the Court may appear appropriate.

• (c) An application for alimony pending suit in nullity proceedings shall be by Notice of Motion grounded upon Affidavit setting out the assets, liabilities, income, debts and expenditure of the Applicant for alimony and, in so far as same is known to the Applicant, the assets, liabilities, income, debts, and expenditure of the Respondent to the said Motion. In every case in which the Respondent wishes to defend such an application for alimony, the Respondent shall file a replying Affidavit setting out details of his assets, liabilities, income, debts and expenditure.

• (d) Applications for the appointment of medical and/or psychiatric inspectors in respect of the Applicant and/or the Respondent shall be made by Motion on Notice to the other party and such Motion shall be issued not later than 14 days after the elapsing of the times for the entry of an Appearance and delivery of a Defence save with the leave of the Court or the County Registrar. Where medical and/or psychiatric inspectors are appointed by the Court or the County Registrar, the solicitors for the parties shall attend with the parties on the appointed day at the place in which the inspection is to take place for the purpose of identifying the parties to the County Registrar or his/her nominee. In any circumstances in which a party is unrepresented, appropriate photographic proof of identity must be produced sufficient to satisfy the County Registrar or his/her nominee of the identity of the party concerned. No inspection shall be carried out unless the procedures contained herein are satisfied. Upon completion of the inspection, a report thereof shall be sent by the inspector directly to the County Registrar for the County in which the proceedings have issued.

• (e) In any case where the Court is satisfied that the delay caused by proceeding by Motion on Notice under this Rule would or might entail serious harm or mischief, the Court may make an Order ex parte as it shall consider just. Urgent applications under this sub-rule may be made to a Judge at any time or place approved by him, by arrangement with the County Registrar for the County in question.

• (f) Interim and interlocutory applications shall where appropriate be made to the County Registrar in accordance with the Second Schedule to the Court and Court Officers Act 1995 and Orders 18 and 19 of the Rules of the Circuit Court.

• (24) If on the date for hearing of any Application under this Rule the matter is not dealt with by the Court for any reason, and, in particular, on foot of an adjournment sought by either party, the other party, whether consenting to the adjournment or not, may apply for, and the Court may grant, such interim or interlocutory relief as to it shall seem appropriate without the necessity of service of a Notice of Motion.

• (25) Any interim or interlocutory application shall be heard on Affidavit, unless the Court otherwise directs, save that the Deponent of any Affidavit must be available to the Court to give oral evidence or to be cross-examined as to the Court shall seem appropriate, save that a Motion for Discovery and a Motion in the course of nullity proceedings for the appointment of medical/psychiatric inspectors shall be heard on a Notice of Motion only. Where any oral evidence is heard by the Court in the course of such applications ex parte, a note of such evidence shall be prepared by the applicant or the applicant’s solicitor and approved by the Judge and shall be served upon the respondent forthwith together with a copy of the Order made (if any), unless otherwise directed by the Court.

Further relief and applications on behalf of dependent persons

• (26)
• (a) Where either party or a person on behalf of a dependent member of the family wishes at any time after the hearing of the Application to seek further relief as provided for in the Act or to vary or discharge an Order previously made by the Court that party shall issue a Notice of Motion to re-enter or to vary or discharge as the case may be grounded upon an Affidavit seeking such relief. Such Motions shall be subject to the provisions of sub-rules (7), (16), (17), (18), (21) and (22), as appropriate.

• (b) Where a person on behalf of a dependent member of the family wishes to make application for ancillary reliefs at the hearing of the action, such application shall be by way of Notice of Motion to be served on all other parties to the proceedings setting out the reliefs sought grounded on Affidavit which said Motion shall be listed for hearing on the same date as the hearing of the action contemporaneously therewith. Such Motions shall be subject to the provisions of sub-rules (7), (16), (17), (18), (21) and (22), as appropriate.

• (27) Where any party to proceedings for a declaration under section 29 of the 1995 Act alleges that the marriage in question was void or voidable and the Court decides to treat the application as one for annulment of the marriage, the provisions of these Rules in relation to the procedures applicable to decrees of nullity may be adapted in such manner as the Court shall direct.

Relief under section 33 of the 1995 Act

• (28) Applications under section 33 of the 1995 Act for an order or orders exempting the marriage from the application of section 31(1)(a) or section 32(1)(a) of the 1995 Act may be made ex parte by the parties where both are over the age of 18 years, by the legal guardians of the parties to the intended marriage where both are under the age of 18 years or, where one of the parties is over the age of 18 years, by that party and the legal guardian or guardians of the other party, and further, where deemed appropriate by the Court, a guardian or guardians ad litem may be appointed by the Court to represent either or both of the parties. Such applications may be grounded upon Affidavit or upon oral evidence given by or on behalf of the parties, as the Court may direct, which evidence shall set out the reasons justifying the exemption and the basis upon which it is claimed that the application is in the interests of the parties to the intended marriage.

Applications under section 8 of the First 1976 Act

• (29) Applications pursuant to section 8 of the First 1976 Act may be made by way of originating Notice of Motion, grounded upon affidavit.

• (30) For the purposes of sub-rule (29), the notice of motion shall be entitled in the matter of the Act (as amended) and shall state the relief sought (including whether or not relief pursuant to section 8B of the First 1976 Act, as inserted by section 43 of the 1995 Act is sought); state the name and place of residence or address for service of the applicant; the date upon which it is proposed to apply to the Court for relief and shall be filed in the Office of the County Registrar for the County in which the application is being brought in accordance with sub-rule (3) (hereinafter referred to as “the appropriate Office”).

• (31) For the purposes of sub-rule (29), without prejudice to the jurisdiction of the Court to make an Order for substituted service, the Motion shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years. Where relief pursuant to section 8B of the First 1976 Act is sought, the motion shall be served upon the trustees of the pension scheme also. There must be at least ten clear days between the service of the notice and the day named therein for the hearing of the motion.

• (32)
• (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.

• (b) Any affidavit to be used in support of the motion shall be filed in the Office of the appropriate County Registrar 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 Office of the appropriate County Registrar and served upon the applicant and, where relief pursuant to section 8B of the First 1976 Act is sought, upon the trustees of the pension scheme by the respondent following the service on him of the applicant’s affidavit and any affidavit of representations to be used by the trustees of the pension scheme shall be filed in the appropriate Office and served upon the applicant and the respondent.

• (33) The plaintiff in proceedings wherein it is sought to have a conveyance declared void pursuant to the provisions of section 3 of the Second 1976 Act (as amended by section 54 of the Family Law Act 1995 )(which said proceedings shall be instituted by way of Equity Civil Bill seeking declaratory relief) shall forthwith and without delay following the institution of such proceedings cause relevant particulars of the proceedings to be entered as a lis pendens upon the property and/or premises in question under and in accordance with the Judgments (Ireland) Act 1844.

Costs

• (34)
• (a) The costs as between party and party may be measured by the Judge, and if not so measured shall be taxed, in default of agreement by the parties, by the County Registrar according to such scale of costs as may be prescribed. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.

• (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.

General

• (35) The Court may, upon such terms (if any) as it may think reasonable, enlarge or abridge any of the times fixed by these Rules for taking any step or doing any act in any proceeding, and may also, upon such terms as to costs or otherwise as it shall think fit, declare any step taken or act done to be sufficient, even though not taken or done within the time or in the manner prescribed by these Rules.

Certificates

• (36) The Certificates required by Sections 5 or 6 of the 1989 Act and Sections 6 or 7 of the 1996 Act shall be in accordance with Form 37D of the Schedule of Forms annexed hereto.

Service of orders by the registrar of the Court

• (37) In all circumstances in which the registrar of the Court and/or the County Registrar is required to serve or lodge a copy of an order upon any person(s) or body such service or lodgment shall be satisfied by the service of a certified copy of the said order by registered post to the said person(s) or body.

Rule 5 — Domestic Violence

Venue

• (2) In accordance with section 14 of the Act, an application under this Rule shall be brought in the county where the applicant in the proceedings ordinarily resides (subject to section 14(2) of the Act) or where the place in relation to which the application for a Barring Order is made is situate save that, where the application is made by the Health Service Executive pursuant to section 6 of the Act, the application shall be brought in the county where any party on whose behalf the application is made ordinarily resides or where the place in relation to which the application for a Barring Order is made is situate.

Forms

• (3) An application for the making, varying or discharging of a Barring Order or Safety Order shall be instituted by the issuing of a Domestic Violence Civil Bill in the form specified at Form 20 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate in the circumstances.

Interim orders

• (4) An application for a Protection Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order or Safety Order and an application for an interim Barring Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order and such applications shall be grounded upon an affidavit to be sworn by the applicant or such other person as may be appropriate. An application for the discharge or variation of a Protection Order or interim Barring Order made pursuant to this Rule shall be by Motion on Notice or by ex parte application and shall be grounded upon an affidavit to be sworn by the respondent or such other person as may be appropriate. Urgent applications under this Rule may be made to a Judge at any time or place approved by him or her, by arrangement with the County Registrar. Where interim relief of any nature is granted following an ex parte application, the applicant shall forthwith cause a Notice of Motion to issue in respect of the reliefs which are being sought and/or affirming the ex parte Orders which have been made, such Motion to be returnable before the Court not later than 8 days following the granting of the ex parte relief and to be served upon the respondent in accordance with the provisions of sub-rule (8), unless otherwise directed by the Court. Save where otherwise directed by the Court, all ex parte Orders obtained shall lapse upon the expiration of 8 days following the making thereof.

Entry

• (5) Every Domestic Violence Civil Bill under sub-rule (3) shall be entered in the Office before service and a date for the hearing of same or a date upon which a date for hearing shall be fixed by the Court shall be obtained.

Dates

• (6) Every Domestic Violence Civil Bill under sub-rule (3) shall state the date upon which the application shall be listed for hearing or shall state the date upon which a date for hearing shall be fixed by the Court. For the purpose of obtaining an expeditious hearing of such application, the same may be set down for hearing at any sitting of the Court within the Circuit.

Signature

• (7) Every Domestic Violence Civil Bill under sub-rule (3) and every Notice of Motion and every ex parte docket shall be dated and bear the name, address and description of the applicant and shall be signed by the applicant or by the applicant’s solicitor.

Service

• (8) Every Domestic Violence Civil Bill under sub-rule (3) and every Notice of Motion under sub-rule (4) shall be served at least four clear days before the date scheduled for the hearing thereof, either personally in accordance with the provisions of Order 11, or alternatively, by leaving a true copy of the same at the respondent’s residence. In the event that there is no Summons Server assigned to the relevant area any person over the age of eighteen years shall be deemed to be an authorised person for the purpose of the service of such Domestic Violence Civil Bill or Notice of Motion. An Affidavit of Service of every Domestic Violence Civil Bill under sub-rule (3) and every Motion on Notice under sub-rule (4) shall be sworn and shall be handed in at the hearing of the application or Motion.

Evidence