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

• (9) Save by special leave of the Court, all applications made ex parte or by Motion on Notice for an interim Barring Order or Protection Order or for the variation or discharge of same pursuant to sub-rule (4) shall be heard on affidavit evidence only and where, by leave of the Court, 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 or the Health Service Executive or the solicitor for the Health Service Executive and approved by the Judge, unless otherwise directed by the Court. Save by special leave of the Court, all applications for a Barring Order or Safety Order and all applications for a variation or discharge of any Barring Order or Safety Order pursuant to sub-rule (4) shall be heard on oral evidence.

Joinder

• (10) Any application for a Barring Order or Safety Order may be joined together with any other application on the same Notice or application.

Service

• (11) On the making, varying or discharging of a Barring Order, a Safety Order, an interim Barring Order or a Protection Order, the County Registrar shall cause a copy of the Order in question to be given or sent as soon as practicable to the applicant, to the respondent, to the Health Service Executive where application was made by the Health Service Executive pursuant to section 6 of the Act, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the Barring Order or interim Barring Order was made or the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person for whose benefit the safety order or protection order was made resides or such other area as the Court shall deem appropriate and to such other persons as are specified in section 11 of the Act. Where an interim Barring Order or Protection Order is made ex parte, the copy Order sent to the respondent spouse shall have enclosed therewith a copy of the affidavit upon which the application was grounded and a copy of the approved note of any oral evidence heard in the course of such application, unless otherwise ordered by the Court.

Stamp duty

• (12) No stamp duty shall be payable in respect of any applications brought under the Act.

Rule 6 — Section 40, Civil Liability and Courts Act 2004 (No. 31 of 2004)

Admission to proceedings for the purposes of section 40 of the Civil Liability and Courts Act 2004

• (2) On any such application, the Court—

• (a) if satisfied that the recorder is a person referred to in section 40(3)(a) of the said Act and that the recorder intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and

• (b) having heard any submission made by or on behalf of any party to the proceedings, may allow the recorder to attend the proceedings subject to such directions as the court may give in that regard.

• (3) Where a party, being the applicant or the respondent or other party in the proceedings, wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (hereinafter referred to as “the accompanying person”) in accordance with section 40(5) of the said Act, the party to the proceedings shall complete Form 37K and

• (a) where the other party or parties to the proceedings have agreed to the accompanying person, the party making such application shall lodge Form 37K, duly completed, with the County Registrar prior to or at the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the said Act;

• (b) Save in ex parte applications, where the other party or parties have not agreed to the accompanying of the party by the accompanying person, the party seeking to be so accompanied shall, by motion (to which Form 37K, duly completed, shall be appended) on notice to the other party or parties returnable not later than fourteen days prior to the date fixed for the hearing of such proceedings, unless the Court otherwise directs, apply to the Court to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the said Act;

• (c) In ex parte applications, subject to the filing of Form 37K in accordance with sub-rule (a) above, the approval of any accompanying person shall be at the discretion of the Court.

On any such application, the Court may approve the accompaniment of the party concerned by the accompanying person, subject to such directions as the Court may give, or may refuse such approval.

• (4) The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under sub-rule (2) or sub-rule (3) during the course of any proceedings.

Disclosure of documents, information or evidence for the purposes of section 40 of the Civil Liability and Courts Act 2004

• (5) An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the Civil Liability and Courts Act 2004 ) for the purposes set out in section 40(8) of the said Act shall be made by motion to the Court on notice to the other party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.

SCHEDULE 2 FORM 1A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

BETWEEN

Plaintiff

AND

Defendant

The Plaintiff and the Defendant hereby consent to the enlargement of jurisdiction of this Honourable Court pursuant to section 22(1)(b) of the Courts (Supplemental Provisions) Act 1961 .

Dated this day of 200 .

Signed .....................................

Solicitors for the Plaintiff

Signed.......................................

Solicitors for the Defendant

To: The County Registrar

FORM 2L AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

PLANNING CIVIL BILL

IN THE MATTER OF THE PLANNING AND DEVELOPMENT ACT 2000

BETWEEN

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

AND

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

You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his Office at...............................................................................................................

an Appearance to answer the claim of..............................................................

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

the Plaintiff herein.

And take notice that unless you do enter an Appearance, you will be held to have admitted the said claim, and the Plaintiff may proceed therein and judgment may be given against you in your absence without further notice.

And further take notice that, if you intend to defend the proceeding on any grounds, you must not only enter an Appearance, but also, within ten days after Appearance, deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving copies to the Plaintiff or his Solicitor by post and the Defence may be delivered by posting same to the Plaintiff or his Solicitor.

Dated the day of 200.

Signed...................................................

Plaintiff/Solicitors for the Plaintiff

To:........................................................................................

The Defendant/Solicitor for the Defendant

FORM 2L (continued) INDORSEMENT OF CLAIM

[Insert particulars of Plaintiff’s appeal pursuant to the Planning and Development Act 2000 including the basis upon which jurisdiction is claimed. A copy of the statutory declaration made by the applicant under sub-section (5) of Section 97 of the Planning and Development Act 2000 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 shall be annexed hereto.]

THE PLAINTIFF CLAIMS:

[Insert reliefs sought by the Plaintiff]

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

Plaintiff/Solicitors for the Plaintiff

FORM 9A AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

NOTICE OF MOTION FOR JUDGMENT BY DEFAULT OF APPEARANCE

BETWEEN

Plaintiff

AND

Defendant

Take notice that the Plaintiff will apply to the Court on the day of 20 or the next opportunity thereafter for judgment in default of appearance on the grounds that:

The Civil Bill herein was issued on the day of and served on the day of. The time for Appearance to the Civil Bill expired on 20 as appears by the declaration/affidavit of service lodged herewith. No appearance having been entered by or on behalf of the Defendant the Plaintiff will apply for judgment in terms of the indorsement of claim in the Civil Bill herein.

Dated this day of 20

Signed ....................................................

Plaintiff/Solicitor for the Plaintiff

To: Defendant /Solicitor for the Defendant

and

To: The County Registrar

FORM 10A AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

NOTICE OF MOTION FOR JUDGMENT BY DEFAULT OF DEFENCE

BETWEEN

Plaintiff

AND

Defendant

Take notice that the Plaintiff will apply to the Court on the day of 20 or the next opportunity thereafter for judgment in default of defence on the grounds that:

The Civil Bill herein was issued on the day of and served on the day of. An appearance having been entered by the Defendant on the day of but no Defence having been delivered by the Defendant, the Plaintiff will apply for judgment in terms of the indorsement of claim in the Civil Bill herein.

Dated this day of 20

Signed ....................................................

Plaintiff/Solicitor for the Plaintiff

To: Defendant /Solicitor for the Defendant

and

To: The County Registrar

FORM 14A AN CHÚIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF COUNCIL REGULATION (EC) NO. 2201/2003 AND IN THE MATTER OF {insert any other applicable legislation}.

BETWEEN

A.B

APPLICANT

AND

C.D.

RESPONDENT

APPEARANCE

At

I request you will enter an Appearance herein on behalf of the Respondent to the proceedings served upon him on for the purpose of contesting the jurisdiction of this Honourable Court to hear and determine the within proceedings.

Dated this day of

Signed:............................................................

Respondent/Solicitors for the Respondent

The Appearance mentioned above was this day lodged by hand/sent by post and the said Respondent intends to contest the jurisdiction of this Honourable Court to hear and determine the within proceedings.

Dated this day of 200.

Signed:.............................................................

Respondent/Solicitors for the Respondent

Form 35A AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF SECTION 14 OF THE PLANNING AND DEVELOPMENT ACT 2000

NOTICE OF MOTION

BETWEEN

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

AND

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

TAKE NOTICE that application will be made to the Court on the day of 200 or the next opportunity thereafter for the following reliefs:

[Here insert reliefs sought by way of appeal pursuant to section 14 of the Planning and Development Act 2000 ]

The said application will be grounded on the affidavit of .....................

filed on the..........................................a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before the hearing of the application.

Dated the day of 200.

Signed.....................................................

Plaintiff/Solicitor for the Plaintiff

To:.............................................................................

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

Form 35B AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE PLANNING AND DEVELOPMENT ACT 2000

NOTICE OF MOTION FOR RELIEF UNDER SECTION 160 OF THE PLANNING AND DEVELOPMENT ACT 2000

BETWEEN

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

AND

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

TAKE NOTICE that application will be made to the Court on the day of 200 or the next opportunity thereafter for the following reliefs:

[Here insert details of the injunctive relief sought.]

The said application will be grounded on the affidavit of...............................................

filed on the..........................................a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before the hearing of the application.

Dated the day of 200.

Signed..................................................................

Plaintiff/Solicitor for the Plaintiff

To:.............................................................................

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

FORM 36A AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF THE UNFAIR DISMISSALS ACTS 1977 TO 2003

NOTICE OF MOTION FOR RELIEF UNDER SECTION 11 OF THE UNFAIR DISMISSALS (AMENDMENT) ACT 1993

BETWEEN

Plaintiff

AND

Defendant

TAKE NOTICE that application will be made to the Court on the day of 200 or the next opportunity thereafter for the following reliefs:

[Here insert details of the relief sought and, in the case of an appeal under section 11(1) or an application for enforcement for a determination of the Employment Appeals Tribunal under section 11(3)(a), state the date on which the determination of the Employment Appeals Tribunal was communicated]

And further take notice that the said application will be grounded upon:

Dated the day of 200.

Signed..................................................................

Plaintiff/Solicitor for the Plaintiff

To:.............................................................................

The Defendant/Solicitor for the Defendant

And

To: The Employment Appeals Tribunal

And

To: The County Registrar

FORM 40B AN CHÚIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT

CIRCUIT	COUNTY OF

IN THE MATTER OF ARTICLE 39 OF COUNCIL REGULATION (EC) NO. 2201/2003

BETWEEN

Plaintiff

AND

Defendant

CERTIFICATE PURSUANT TO ARTICLE 39 OF COUNCIL REGULATION (EC) NO. 2201/2003

IT IS HEREBY CERTIFIED that the Order/Decree/Written Judgment, a copy of which is annexed hereto at Annex “A”, was made by this Honourable Court on the day of which said Order/Decree/Written Judgment has been authenticated by the Seal of the Court and signed by me on the day of

IT IS FURTHERMORE HEREBY CERTIFIED that a certified copy of the Civil Bill or other originating document by which the proceedings were commenced is annexed hereto at Annex “B”.

Dated this day of 200.

Seal of the Court

Signed:....................................................

County Registrar / Person authorised

EXPLANATORY NOTE

(This Note is not part of the instrument and does not purport to be a legal interpretation.)

These Rules contain various amendments to the Circuit Court Rules 2001, including, in particular, (a) certain amendments to the following Orders of the Circuit Court Rules 2001: Order 1, Order 5, Order 6, Order 11, Order 13, Order 14B, Order 18, Order 26, Order 27, Order 29, Order 50, Order 53, Order 57, Order 59, Order 61A, Order 63 and Order 69; (b) certain amendments to the Circuit Court Rules (No. 4) (Restoration of Companies to the Register Pursuant to Section 12 of the Companies Act 1982 as inserted by Section 46 of the Companies (Amendment)(No. 2) Act 1999) 2003 ( S.I. No 615 of 2003 ), Circuit Court Rules (No. 2) (Section 39, Criminal Justice Act 1994) 2004 ( S.I. No 448 of 2004 ), Circuit Court Rules (Protection of Employees (Part Time Work) Act 2001) 2004 ( S.I. No 721 of 2004 ), Circuit Court Rules (Equal Status Act 2000) 2004 ( S.I. No 879 of 2004 ) and Circuit Court Rules (European Arrest Warrant Act 2003) 2005 ( S.I. No 57 of 2005 ) and (c) the substitution or deletion of certain forms.