S.I. No. 17/2014 - District Court (Civil Procedure) Rules 2014

SCHEDULE 3 SCHEDULE OF COSTS

1. Solicitors costs in civil debt claims	1. Solicitors costs in civil debt claims	1. Solicitors costs in civil debt claims
Amount due at date of issue of the claim notice	If amount due is paid within ten days of service of claim notice	If amount due is not paid within ten days of service of claim notice
	€	€
Not exceeding €3,000	78	130
Exceeding €3,000 and not exceeding €6,000	156	260
Exceeding €6,000 and not exceeding €9,000	234	390
Exceeding €9,000 and not exceeding €12,000	312	520
Exceeding €12,000 and not exceeding €15,000	390	650
The above scale of costs (1) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (1) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (1) is in every instance exclusive of and in addition to all actual and necessary outlay.
If the claim notice is defended the costs of the successful party are in accordance with the contract, breach of contract and tort scale for assessment of damages.	If the claim notice is defended the costs of the successful party are in accordance with the contract, breach of contract and tort scale for assessment of damages.	If the claim notice is defended the costs of the successful party are in accordance with the contract, breach of contract and tort scale for assessment of damages.
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2. Solicitors costs in contract, breach of contract and tort proceedings and in claims for damages unconnected with contract	2. Solicitors costs in contract, breach of contract and tort proceedings and in claims for damages unconnected with contract	2. Solicitors costs in contract, breach of contract and tort proceedings and in claims for damages unconnected with contract
Amount due at the date of issue of claim notice or, (as the case may be) the amount decreed for debt	Costs if settled without necessity for appearance	Costs of judgment (decree) if case not defended
	€	€
Not exceeding €3,000	300	500
Exceeding €3,000 and not exceeding €6,000	600	1,000
Exceeding €6,000 and not exceeding €9,000	900	1,500
Exceeding €9,000 and not exceeding €12,000	1,200	2,000
Exceeding €12,000 and not exceeding €15,000	1,500	2,500
The above scale of costs (2): —is in every instance exclusive of and in addition to all actual and necessary outlay;— applies to actions for wrongful detention brought by virtue of section 33 (3) of the Courts (Supplemental Provisions) Act 1961 , according to the value of the goods as determined by the Court;— applies to actions for wrongful detention arising out of a hire-purchase transaction.	The above scale of costs (2): —is in every instance exclusive of and in addition to all actual and necessary outlay;— applies to actions for wrongful detention brought by virtue of section 33 (3) of the Courts (Supplemental Provisions) Act 1961 , according to the value of the goods as determined by the Court;— applies to actions for wrongful detention arising out of a hire-purchase transaction.	The above scale of costs (2): —is in every instance exclusive of and in addition to all actual and necessary outlay;— applies to actions for wrongful detention brought by virtue of section 33 (3) of the Courts (Supplemental Provisions) Act 1961 , according to the value of the goods as determined by the Court;— applies to actions for wrongful detention arising out of a hire-purchase transaction.
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3. Solicitors costs in landlord and tenant (ejectment) proceedings	3. Solicitors costs in landlord and tenant (ejectment) proceedings	3. Solicitors costs in landlord and tenant (ejectment) proceedings
Amount due at the date of issue of claim notice or, (as the case may be) the amount decreed for debt	Costs if settled before without necessity for appearance	Costs of judgment (decree) if case not defended
	€	€
Not exceeding €3,000	180	300
Exceeding €3,000 and not exceeding €6,000	360	600
Exceeding €6,000 and not exceeding €9,000	540	900
Exceeding €9,000 and not exceeding €12,000	720	1,200
Exceeding €12,000 and not exceeding €15,000	900	1,500
The above scale of costs (3):	The above scale of costs (3):	The above scale of costs (3):
—is in every instance be exclusive of and in addition to all actual and necessary outlay;	—is in every instance be exclusive of and in addition to all actual and necessary outlay;	—is in every instance be exclusive of and in addition to all actual and necessary outlay;
— does not apply to ejectment proceedings brought before the Court by summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act 1851 ; section 10 of the Summary Jurisdiction (Ireland) Amendment Act 1871 or sections 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act 1860 — in such proceedings costs shall be in the discretion of the Court and shall not exceed €110.00 in any case unless the Court shall, for special reason, otherwise order;	— does not apply to ejectment proceedings brought before the Court by summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act 1851 ; section 10 of the Summary Jurisdiction (Ireland) Amendment Act 1871 or sections 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act 1860 — in such proceedings costs shall be in the discretion of the Court and shall not exceed €110.00 in any case unless the Court shall, for special reason, otherwise order;	— does not apply to ejectment proceedings brought before the Court by summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act 1851 ; section 10 of the Summary Jurisdiction (Ireland) Amendment Act 1871 or sections 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act 1860 — in such proceedings costs shall be in the discretion of the Court and shall not exceed €110.00 in any case unless the Court shall, for special reason, otherwise order;
— applies to ejectment proceedings brought before the Court on civil summons pursuant to section 82 of the Civil Bill Courts (Ireland) Act 1851 as applied to the District Court by section 17 of the Courts of Justice Act 1928 .	— applies to ejectment proceedings brought before the Court on civil summons pursuant to section 82 of the Civil Bill Courts (Ireland) Act 1851 as applied to the District Court by section 17 of the Courts of Justice Act 1928 .	— applies to ejectment proceedings brought before the Court on civil summons pursuant to section 82 of the Civil Bill Courts (Ireland) Act 1851 as applied to the District Court by section 17 of the Courts of Justice Act 1928 .
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4. Solicitors costs in proceedings under the Enforcement of Court Orders Acts 1926 to 2009	4. Solicitors costs in proceedings under the Enforcement of Court Orders Acts 1926 to 2009
Costs in relation to Instalment Orders	Costs in relation to Instalment Orders
Amount due
	€
Not exceeding €3,000	150
Exceeding €3,000 and not exceeding €6,000	300
Exceeding €6,000 and not exceeding €9,000	450
Exceeding €9,000 and not exceeding €12,000	600
Exceeding €12,000 and not exceeding €15,000	750
Exceeding €15,000	825or such greater amount as the Court thinks proper
The above scale of costs (4) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (4) is in every instance exclusive of and in addition to all actual and necessary outlay.
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5. Solicitors costs in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982	5. Solicitors costs in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982	5. Solicitors costs in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982
Amount of compensation awarded or, in case of dismiss, amount of compensation claimed	Costs if case not defended	Costs if case defended
	€	€
Not exceeding €3,000	441	735
Exceeding €3,000 and not exceeding €6,000	882	1,470
Exceeding €6,000 and not exceeding €9,000	1,323	2,205
Exceeding €9,000 and not exceeding €12,000	1,764	2,940
Exceeding €12,000 and not exceeding €15,000	2,205	3,675
The above scale of costs (5) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (5) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (5) is in every instance exclusive of and in addition to all actual and necessary outlay.
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6. Solicitors costs in proceedings for recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982	6. Solicitors costs in proceedings for recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982	6. Solicitors costs in proceedings for recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982
Annual rent	Costs if settled without necessity for appearance	Costs if case not defended
	€	€
Not exceeding €3,000	113	270
Exceeding €3,000 and not exceeding €6,000	225	540
Exceeding €6,000 and not exceeding €9,000	338	810
Exceeding €9,000 and not exceeding €12,000	450	1,080
Exceeding €12,000 and not exceeding €15,000	563	1,350
The above scale of costs (6) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (6) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (6) is in every instance exclusive of and in addition to all actual and necessary outlay.
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7. Solicitors costs, where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer	7. Solicitors costs, where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer
Amount of compensation claimed	Costs
	€
Exceeding €125 and not exceeding €250	15
Exceeding €250 and not exceeding €750	90
Exceeding €750 and not exceeding €1,400	140
Exceeding €1,400	230
The above scale of costs (7) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (7) is in every instance exclusive of and in addition to all actual and necessary outlay.
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8. Solicitors costs in summary proceedings for the recovery of rates	8. Solicitors costs in summary proceedings for the recovery of rates	8. Solicitors costs in summary proceedings for the recovery of rates
Amount sued for	Costs if settled without necessity for appearance	Costs after hearing
	€	€
Not exceeding €1,100	26	52
Exceeding €1,100 and not exceeding €2,200	33	66
Exceeding €2,200 and not exceeding €3,300	55	110
Exceeding €3,300 and not exceeding €5,500	66	132
Exceeding €5,500 and not exceeding €11,000	87. 50	175
Exceeding €11,000	110	220 or such other amount as the Court thinks proper
The above scale of costs (8) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (8) is in every instance exclusive of and in addition to all actual and necessary outlay.	The above scale of costs (8) is in every instance exclusive of and in addition to all actual and necessary outlay.
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9. Miscellaneous additional charges	9. Miscellaneous additional charges
	€
Interim applications on notice (to include all Notices of Motion)	500
Applications under section 63 of the Civil Liability Act 1961	600
Rulings in respect of Injuries Board offers(e.g. minors)	1,000
Each additional respondent (separately represented)	500

10. Solicitors costs in consent proceedings to which section 4 (c) of the Courts Act 1991 relates
Where proceedings of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act 1924 are brought before the District Court and:(i) the amount claimed in the proceedings exceeds €15,000, and, (ii) pursuant to the proviso to section 77 A of the Courts of Justice Act 1924 (inserted by section 4 (c) of the Courts Act 1991 ), the necessary parties to the proceedings sign the prescribed form of consent, and (iii) the Court in determining the proceedings awards an amount in excess of €15,000, the successful party may be allowed costs in accordance with the foregoing scales 1 to 9 in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000.Where the proceedings are dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

11. Solicitors costs in actions transferred from the High Court or the Circuit Court
(1) Where an action, other than an action to which paragraph (2) relates, has been remitted or transferred to the District Court: (a) by the High Court pursuant to section 25 of the Courts of Justice Act 1924 , or (b) by the Circuit Court pursuant to section 15 (1) of the Courts Act 1991 ,and the Court, in determining the matter, makes an order in favour of the claimant, the claimant may not recover any greater costs than the appropriate costs as set out in the above scales which he or she would have been entitled to recover if the action had originally been commenced in the District Court. If the claimant fails to prove the claim, the respondent is entitled, in addition to any costs which may be allowed to him or her under the above scales, to a minimum sum of €100.00 or such greater sum as the Judge may in the circumstances consider proper. (2) Where an action so remitted or transferred is an action for unliquidated damages and the Court, pursuant to section 15 (2) of the Courts Act 1991 (as amended by section 20 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 ), makes an order awarding to a party to the action an amount in excess of €15,000 but not exceeding €30,000, the successful party may be allowed costs in accordance with the above scales in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000. Where such an action is dismissed, the respondent may be allowed costs similarly calculated on the amount claimed.

12. Schedule of outlays	12. Schedule of outlays	12. Schedule of outlays
Miscellaneous outlays to include postage, photocopying, registered post, fax and sundries to be allowed in accordance with Order 53, rule 2.	Miscellaneous outlays to include postage, photocopying, registered post, fax and sundries to be allowed in accordance with Order 53, rule 2.	Miscellaneous outlays to include postage, photocopying, registered post, fax and sundries to be allowed in accordance with Order 53, rule 2.
Amount due at the date of issue of claim notice	Amount due at the date of issue of claim notice
—(in the case of debt claims)	—(in the case of debt claims)
—(in the case of Instalment Orders)	—(in the case of Instalment Orders)
Amount awarded	Amount awarded
—(in cases of contract, breach of contract and tort proceedings and in claims for damages unconnected with contract)	—(in cases of contract, breach of contract and tort proceedings and in claims for damages unconnected with contract)
Annual rent	Annual rent
—(in the case of landlord and tenant (ejectment) proceedings begun by claim notice)	—(in the case of landlord and tenant (ejectment) proceedings begun by claim notice)
—(in proceedings for the recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982 )	—(in proceedings for the recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982 )
Amount of compensation awarded	Amount of compensation awarded
—(in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982 )	—(in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982 )
Amount of compensation claimed	Amount of compensation claimed
—(in cases under the Malicious Injuries Acts 1981 and 1986)	—(in cases under the Malicious Injuries Acts 1981 and 1986)
Amount sued for	Amount sued for
—(in summary proceedings for the recovery of rates)	—(in summary proceedings for the recovery of rates)
Not exceeding €5,000	€50 plus VAT	€50 plus VAT
Exceeding €5,000 and not exceeding €10,000	€100 plus VAT	€100 plus VAT
Exceeding €10,000 and not exceeding €15,000	€150 plus VAT	€150 plus VAT
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13. Counsel’s Fees	13. Counsel’s Fees
(1) in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract (2) in any defended case of ejectment for overholding or non-payment of rent (3) where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer	(1) in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract (2) in any defended case of ejectment for overholding or non-payment of rent (3) where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer
To the claimants counsel when the amount recovered, or to the respondents counsel when the amount claimed, in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract— To the claimant’s or respondent’s counsel when the annual rent in any defended case of ejectment for overholding or non-payment of rent— When the amount of compensation claimed under the Malicious Injuries Acts 1981 and 1986—	To the claimants counsel when the amount recovered, or to the respondents counsel when the amount claimed, in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract— To the claimant’s or respondent’s counsel when the annual rent in any defended case of ejectment for overholding or non-payment of rent— When the amount of compensation claimed under the Malicious Injuries Acts 1981 and 1986—
	€
Exceeds €2,000 and does not exceed €3,000	500
Exceeds €3,000 and does not exceed €4,000	550
Exceeds €4,000 and does not exceed €5,000	600
Exceeds €5,000 and does not exceed €7,000	750
Exceeds €7,000 and does not exceed €9,000	800
Exceeds €9,000 and does not exceed €11,000	850
Exceeds €11,000 and does not exceed €13,000	950
Exceeds €13,000 and does not exceed €15,000	1,050

SCHEDULE 4

“ORDER 10

SERVICE OF DOCUMENTS IN CRIMINAL PROCEEDINGS

1 Definitions

1. In this Order—

the “1851 Act” means the Petty Sessions (Ireland) Act 1851 ;

the “1986 Act” means the Courts (No. 3) Act 1986 (No. 33 of 1986);

the “1991 Act” means the Courts Act 1991 (No. 20 of 1991).

a “document” means a “District Court document” within the meaning of section 7(1) of the Courts Act 1964 .

2 Service of summons in criminal proceedings

1. (1) In proceedings by way of summons in which the prosecutor is the Director of Public Prosecutions or an officer or member of the Garda Síochána, a Minister of the Government or a Minister of State or an officer of either such Minister, or an officer of the Revenue Commissioners, a document shall be served by a member of the Garda Síochána, or by any other person or any other means authorised by statute or these Rules or otherwise as directed by the Court.

2. (2) A member of the Garda Síochána shall not serve a document in any proceedings in which that member is the person instituting the proceedings.

3 Mode of service — summary jurisdiction: section 22, Courts Act 1991

1. In a case of summary jurisdiction to which section 22 (1) of the Courts Act 1991 relates, a summons may, subject to the provisions of that section, be served upon the person to whom it is directed—

   • (a) by sending, by registered prepaid post, a copy thereof in an envelope addressed to that person at his or her last known residence or most usual place of abode or at his or her place of business in the State, or

   • (b) by delivery by hand, by a person (other than the person on whose behalf it purports to be issued) authorised by these Rules in that behalf, of a copy thereof in such an envelope as aforesaid.

   4 Application to set aside

   1. Where the Court has proceeded to hear a complaint or accusation to which a summons referred to in rule 3 relates and such person claims not to have had notice of the summons or the hearing to which it relates, application pursuant to section 22(6) of the said Act to have the proceedings set aside may be made in accordance with that section and rule 5.

   5 Application to have proceedings set aside

   1. (1) Where a summons has been issued under section 11(2) of the 1851 Act or section 1 of the 1986 Act and the Court has proceeded to hear the complaint or accusation to which the summons relates and the person to whom the summons is directed intends to apply pursuant to section 22(6)(a) of the 1991 Act to have the proceedings set aside on the ground that he or she did not receive notice of the summons or of the hearing to which the summons relates, such application may be made at any sitting of the Court for the transaction of summary business for the Court area wherein the hearing to which the summons relates has taken place.

2. (2) Where the application is not made within 21 days after the summons or hearing comes to the notice of the applicant, a further period within which to make the application may be sought ex parte at any sitting of the Court for the relevant Court area.

3. (3) Notice of an application to have proceedings set aside must be in the Form 10.5, Schedule B, and when completed, must forthwith be lodged with the Clerk for the relevant Court area.

4. (4) On receipt of the notice, the Clerk must enter and, having regard to the provisions of section 22(6)(b) of the 1991 Act, must list the matter for hearing and give, or send by ordinary post, to the applicant and the opposing party named in the proceedings a notice in the Form 10.6, Schedule B.

5. (5) The order of the Court on hearing the application must be in the Form 10.7, Schedule B.

6 Application of certain provisions of Order 41

1. The provisions of Order 41, rules 3 to 19 inclusive as regards mode of service, service on particular parties, proof of service and related matters, apply with the necessary modifications in criminal proceedings in the Court.”

“ORDER 12

MISCELLANEOUS PROVISIONS

1 — GENERAL

1 Division of duties among Clerks

1. (1) Where more than one Clerk is assigned to a Court area, every such Clerk assigned is competent to perform all and any of the duties of a Clerk of the Court.

2. (2) The Principal Clerk or Chief Clerk, may divide the duties of the Clerk among the several Clerks assigned to a Court area or Court district, as he or she thinks proper.

2 Minute Book and record of decisions

1. (1) The Clerk for each Court area must keep a book, to be known as the Minute Book, in which must be entered all the cases, other than those in which particulars of the offences are entered on charge sheets, which are for hearing at sittings of the Court for that Court area.

2. (2) To enable effect to be given to the decision of the Court and to enable an order to be drawn up if required, the Judge must, on pronouncing his or her decision, cause a memorandum of that decision to be made in the minute book or charge sheet, as appropriate, and the Clerk must attach a note of the decision to the relevant court-file. No alteration may be made to the Judge’s memorandum except by the Judge who made it.

3 Practice and procedure in Dublin Metropolitan District

1. Notwithstanding the provisions of these Rules, any practice or procedure now in force in the Dublin Metropolitan District may continue in that Court district either in addition to or in substitution for any practice or procedure prescribed by these Rules.

4 Hearings otherwise than in public

1. Where the hearing of any application is required by law to be held otherwise than in public or the hearing of any application or evidence is directed to be held otherwise than in public or with certain persons excluded from the Court, and the hearing would in the opinion of the Judge be more conveniently and expeditiously disposed of in Chambers than in Court, the hearing may be held and any such application made to and determined by the Judge in Chambers.

2 — RECOGNISANCES

5 Recognisances by bodies corporate

1. (1) A body corporate may, in any case in which a recognisance is required by these Rules, enter into the recognisance by its agent (who must be a director, manager or other responsible officer of the body corporate) duly authorised for that purpose.

2. (2) The authority given to an agent to enter a recognisance for a body corporate must empower the agent to bind the body corporate to perform and comply with all and any of the conditions of the recognisance and must acknowledge the legal liability of the body corporate in the event of its failing to perform or comply with any condition of the recognisance.

3. (3) A copy of a resolution of the board of directors or the managing committee of the body corporate purporting to be signed by the chairman for the time being of the board or committee must be taken to be prima facie evidence of the appointment and authority of the agent.

4. (4) The Court may, if it thinks fit, exempt a body corporate from the necessity for entering into a recognisance.

6 Exemptions from entering into recognisance

1. Any provision of these Rules requiring an appellant to the Circuit Court or an applicant for a case stated to enter into a recognisance does not apply to:

   • (a) the Attorney General;

   • (b) the Director of Public Prosecutions;

   • (c) the National Consumer Agency;

   • (d) any Minister of the Government or any Minister of State or officer of either such Minister;

   • (e) an officer or member of the Garda Síochána acting in an official capacity, or

   • (f) an officer of the Revenue Commissioners acting in an official capacity.

   3 — SCHEDULES AND FORMS

   7 Schedules are part of these Rules

   1. The schedules to these Rules must be taken to be part of the Rules and all forms in the Schedules must be deemed valid and sufficient in law, and are the proper forms to be used, even when other and different forms are provided by any enactment under which the proceedings are brought.

   8 Departure or omission does not vitiate form if content sufficient in substance

   1. No departure from any prescribed form, or omission of any of the particulars required by any prescribed form, or use of words other than those indicated in any prescribed form, vitiates or makes void the proceedings or matter to which the form relates, if the form or the words is, in the opinion of the Court, otherwise sufficient in substance and effect.

   9 Reference to and modification of forms

   1. (1) Where mention is made in these Rules of a form immediately followed by a number and a Schedule, the reference is to be read as a reference to a form denoted by that number in the Schedule concerned.

2. (2) Every reference to a form must be construed to mean a reference to such modification of the form concerned as may be suitable for use in the particular proceeding or matter.

3. (3) It is sufficient in any form to state sums of money, dates and other numbers either in figures or in words.

4. (4) Where no form is provided by statute or by rules of Court the parties or the Court may frame the form, using as guides the forms contained in the Schedules to these Rules.

4 — MISCELLANEOUS PROVISIONS IN CRIMINAL PROCEEDINGS

10 Abridgements, amendments, etc in criminal proceedings

1. (1) Subject to and in accordance with any provision of statute, a Judge may in any criminal proceedings:

   • (a) whenever he or she thinks fit abridge or extend the time provided by these Rules for the service or lodgment for entry of any summons, provided that a note of the abridgement or extension of the time for service must be endorsed on the original summons and on the copy issued for service and must be signed by the Judge;

   • (b) amend any summons.

2. (2) Notwithstanding sub-rule (1), any application to state a case under section 2 of the Summary Jurisdiction Act 1857 must be made within the time prescribed by that Act.

11Issue of duplicate Court instruments in criminal proceedings

1. Where it appears to the Court that an original order or warrant in criminal proceedings has been lost or destroyed or that the same is improperly in the hands of the opposite party or of a person not entitled to it, or that it is unavailable to the parties by reason of its being in the hands of the County Registrar, Governor of a prison or other officer entitled to hold the same, the Court may issue a duplicate of the order or warrant. Application for such duplicate shall be made on forty-eight hours notice to the opposite party and to the Clerk. Where the Judge permits the issue of the duplicate, there shall be clearly written or stamped upon the face of the same the word “Duplicate”.

12 How notice may be given to a Garda Superintendent

1. Where under these Rules notice is required to be given to a Superintendent of the Garda Síochána the notice may be given by leaving the notice with the Superintendent or with the officer in charge of the Garda Síochána station for which the Superintendent acts or by forwarding the notice by prepaid post to the Superintendent and, in the case of notice by post, the notice is deemed to be received on the day of the actual receipt of the notice by the Superintendent.

13 All notices to be in writing

1. All notices required by these Rules to be given in criminal proceedings must be in writing unless expressly authorised by the Court to be otherwise given.

14 Court to determine practice where not prescribed

1. Where no provision is made in any statute or these Rules governing practice and procedure in a particular criminal proceeding, the Court may adopt such procedure as it consider appropriates consistently with the requirements of justice.

15 Effect of non-compliance

1. Subject to any provision of an enactment, non-compliance with these Rules does not render any criminal proceedings void, but in case of non-compliance, the Court may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner and on such terms consistent with statute as the Court thinks fit.”

SCHEDULE 5 FORMS

39.01

Notice of intention to proceed

Schedule C

O.39 r. 3

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

NOTICE OF INTENTION TO PROCEED

TAKE NOTICE that the claimant respondent intends to proceed as and from the expiry of one month from the date following service of this notice.

Dated the ...... day of ................. 20....

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

(Solicitor for) Claimant *Respondent

To: (Solicitor for) Respondent *Claimant

At.............................................................

To: District Court Clerk

At.............................................................

*Delete where inapplicable

39.02

Notice of listing of proceedings

Schedule C

O.39 r. 2

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

TAKE NOTICE THAT the above civil proceedings have been listed at the sitting of the District Court to be held at............................................................ on the...... day of ....... 20 . at a.m./p.m.

*The listing is to explain the failure of the parties to proceed and you are required either to provide a sufficient explanation of the failure to proceed in writing to this office at least seven days before the date listed above or to attend at the date and time listed above to explain the failure to proceed.

Dated this ..... day of ......................... 20.....

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

District Court Clerk assigned to the above Court area.

To *(Solicitor for) claimant

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

To *(Solicitor for) respondent

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

• Delete where inapplicable

40.01

Claim notice: general damages not exceeding €15,000

Schedule C

O.40, r. 5

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

CLAIM NOTICE

This claim notice is issued at the request of the claimant(s), who makes a claim in the District Court to recover against the respondent damages not exceeding €15,000 for [insert description of claim, e.g. breach of contract, negligence, etc]

Particulars of first claimant:

Name
Address	(in the above Court (area) and district)
Occupation
*Solicitor
Address for service of documents

[Repeat particulars for second and any subsequent claimant]

Particulars of first respondent:

Name
Address	(in the above Court (area) and district)
*Solicitor (if known)
Occupation (if known)
Address for service of documents (if known)

[Repeat particulars for second and any subsequent respondent]

STATEMENT OF CLAIM

[Set out in numbered paragraphs a statement of all material facts on which the claimant relies, including necessary particulars of such fact, which must include the place where and the date when the claim arose, but not the evidence by which those facts are to be proved. Specify in that statement the specific provisions of any enactment that is relied on and the amount or other relief or remedy sought. Examples are provided at the end of this form.]

LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE CLAIMANT WILL RELY AT TRIAL

	Document	Date	Description
1	e.g. letter of offer	1 September 2013	Letter of offer from the claimant to the respondent
2	e.g. contract	10 September 2013	Contract signed by the claimant and the respondent
Etc

• (A) IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance and defence in Form 42.01, Schedule C of the District Court Rules, not later than 28 days after the service on you of this claim notice, and at the same time file a copy of your appearance with the District Court Clerk at the address below.

• (B) IF YOU ADMIT THE CLAIM, you should contact the claimant or claimant’s solicitor within 10 days after the service on you of this claim notice to make arrangement to agree payment of the claim and costs, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

IF YOU DO NOT ACT IN ACCORDANCE WITH (A) OR (B) ABOVE you will be held to have admitted the claim and the claimant may apply for judgment to the District Court and if judgment is given, proceed to execution.

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

*(Solicitor for) Claimant

To the respondent(s) at the address(es) given above

This claim notice is issued at ....................................................... on the ...... day of .................... 20.... by ..by the District Court Clerk assigned to the above Court area and district

*Delete where inapplicable

Sample statements of claim

Breach of contract: goods or services

Negligence

40.02

Claim notice: debt claim not exceeding €15,000

Schedule C

O.40, r. 5

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

CLAIM NOTICE: DEBT CLAIM

This claim notice is issued at the request of the claimant(s), who makes a claim in the District Court to recover against the respondent damages not exceeding €15,000 for debt liquidated damages

Particulars of first claimant:

Name
Address	(in the above Court (area) and district)
*Solicitor
Address for service of documents

[Repeat particulars for second and any subsequent claimant]

Particulars of first respondent:

Name
Address	(in the above Court (area) and district)
*Solicitor (if known)
Address for service of documents (if known)

[Repeat particulars for second and any subsequent respondent]

STATEMENT OF CLAIM

[Set out in numbered paragraphs a statement of all material facts on which the claimant relies, including necessary particulars of such fact, which must include the place where and the date when the claim arose, but not the evidence by which those facts are to be proved. Specify in that statement the specific provisions of any enactment that is relied on and the amount or other relief or remedy sought. An example is provided at the end of this form.]

LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE CLAIMANT WILL RELY AT TRIAL

	Document	Date	Description
1	e.g. letter of offer	1 September 2013	Letter of offer from the claimant to the respondent
2	e.g. contract	10 September 2013	Contract signed by the claimant and the respondent
Etc

• (A) IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance and defence in Form 42.02, Schedule C of the District Court Rules, not later than 28 days after the service on you of this claim notice, and at the same time file a copy of your appearance with the District Court Clerk at the address below.

• (B) IF YOU PAY THE AMOUNT of € and costs of €. to the claimant or the claimants solicitor within ten days and without filing and serving an appearance and defence you may avoid further costs.

IF YOU DO NOT ACT IN ACCORDANCE WITH (A) OR (B) ABOVE you will be held to have admitted the claim and the claimant may, without further notice to you, lodge an affidavit of debt in the District Court, obtain judgment and proceed to execution for the full amount claimed and costs.

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

*(Solicitor for) Claimant

To the respondent(s) at the address(es) given above

This claim notice is issued at ............................................ on the ...... day of .................... 20.... by ................................................ the District Court Clerk assigned to the above Court area and district

*Delete where inapplicable

Sample statement of claim: debt claim

Outstanding invoices

PARTICULARS OF AMOUNT DUE

Date of invoice or payment	Amount invoiced €	Amount paid €	Balance due €
1 January 2013	4,000		4,000
20 January 2013		1,500	2,500
6 February 2013	1,200		3,700
26 February 2013	2,300		6,000
4 March 2013		500	5,500
9 April 2013	3,100		8,600
16 May 2013	2,400		11,000
2 June 2013		1,500	9,500
Total due			9,500

40.03

Consent

Schedule C

O.40, r. 7

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

Courts of Justice Act 1924, section 77A

Courts Act 1991, section 4(c)

CONSENT

The claimant has begun civil proceedings in the Court against the respondent claiming [insert description of claim from claim notice, e.g. breach of contract, negligence, etc]

The civil proceedings are of the kind mentioned in section 77A of the Courts of Justice Act 1924 and the (amount claimed) (annual rent specified) of €.., is in excess of the monetary limit of €15,000 that applies for the time being under that section.

WE, (solicitor for) the claimant and (solicitor for) the respondent, HEREBY CONSENT AND AGREE to the exercise in these civil proceedings, by the Judge of the District Court assigned to the above Court area, of the jurisdiction conferred by the proviso (inserted by section 4 (c) of the Courts Act 1991 ) to section 77A of the Courts of Justice Act 1924 to hear and determine the civil proceedings,

AND WE SIGN this consent in compliance with the terms of that proviso.

Dated this ..... day of .................... 20....

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

(Solicitor for) claimant (Solicitor for) respondent

To: District Court Clerk at

*Delete where inapplicable

40A.01

Personal injuries summons

Schedule C

O.40A, r.4

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

PERSONAL INJURIES SUMMONS

Civil Liability and Courts Act 2004, section 10

This personal injuries summons is issued at the request of the claimant(s), who makes a claim in the District Court to recover against the respondent damages not exceeding €15,000.

Particulars of first claimant:

Name
Address	(in the above Court (area) and district)
Occupation
PPSN	(if none, state “none”)
*Solicitor
Address for service of documents

[Repeat particulars for second and any subsequent claimant]

Particulars of first respondent:

Name
Address	(in the above Court (area) and district)
Occupation (if known)
*Solicitor (if known)
Address for service of documents (if known)

[Repeat particulars for second and any subsequent respondent]

STATEMENT OF CLAIM

[A personal injuries summons must contain a statement entitled “Statement of Claim” which must

(a)set out, in numbered paragraphs, full and detailed particulars of-

(i)the nature of the claim and of each allegation, assertion or plea comprising that claim;

(ii)the injuries to the claimant alleged to have been occasioned by the wrong of the respondent;

(iii)the acts of the respondent constituting the said wrong and the circumstances relating to the commission of the said wrong;

(iv)each instance of negligence by the respondent,

(b)contain a schedule of full particulars of all items of special damage in respect of which the claimant is making a claim, and

(c)give details of the basis upon which jurisdiction is claimed.

The following is a suggested format in which the statement of claim might be presented:

1.DESCRIPTION OF PARTIES

2.WRONG ALLEGED AGAINST THE RESPONDENT (OR AGAINST EACH RESPONDENT)

3.PARTICULARS OF THE ACTS OF THE RESPONDENT (OR OF EACH RESPONDENT) CONSTITUTING THE WRONG AND OF THE CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG

(Full particulars should be set out)

4.PARTICULARS OF EACH INSTANCE OF NEGLIGENCE BY THE RESPONDENT (OR BY EACH RESPONDENT)

(Full particulars should be set out)

5.PARTICULARS OF THE INJURIES TO THE CLAIMANT OCCASIONED BY THE WRONG OF THE RESPONDENT (OR OF EACH RESPONDENT)

6.RELIEFS CLAIMED

7.The bringing of these personal injuries proceedings requires to be authorised in accordance with section 14 section 17 section 32 section 36 section 49 rules under section 46 (3) of the Personal Injuries Assessment Board Act 2003 and these personal injuries proceedings have been authorised by the Personal Injuries Assessment Board, under section 14 section 17 section 32 section 36 section 49 rules under section 46(3) by authorisation dated the ..day of 20. under reference number ...

Schedule

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

(Full particulars should be set out. Add additional sheets if necessary)]

[If applicable, insert the particulars required by Order 39, rule 4 (1A)]

LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE CLAIMANT WILL RELY AT TRIAL

	Document	Date	Description
1	e.g. letter	1 September 2013	Letter from the claimant to the respondent
2
Etc

• (A) IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance and defence in Form 40A.02, Schedule C of the District Court Rules, not later than 28 days after the service on you of this claim notice, and at the same time file a copy of your appearance with the District Court Clerk at the address below.

• (B) IF YOU ADMIT THE CLAIM, you should contact the claimant or claimant’s solicitor within 10 days after the service on you of this claim notice to make arrangement to agree payment of the claim and costs, all further proceedings will be stayed, you need not attend court and you will avoid further costs.

IF YOU DO NOT ACT IN ACCORDANCE WITH (A) OR (B) ABOVE you will be held to have admitted the claim and the claimant may apply for judgment to the District Court and if judgment is given, proceed to execution.

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

*(Solicitor for) Claimant

To the respondent(s) at the address(es) given above

This personal injuries summons is issued at ............................................ on the ...... day of .................... 20.... by ................................................ the District Court Clerk assigned to the above Court area and district

*Delete where inapplicable

40A.02

Personal injuries defence

Schedule C

O.40A, r.7

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

PERSONAL INJURIES APPEARANCE AND DEFENCE

Civil Liability and Courts Act 2004, section 12

This personal injuries appearance is filed and this personal injuries appearance and defence is served by the respondent.

Particulars of first respondent:

Name
Address	(in the above Court (area) and district)
Occupation
PPSN
*Solicitor	*(if the respondent intends to defend in person, please state “in person”)
Address for service of documents

[A personal injuries defence must contain a statement entitled “Grounds of Defence” which must:

(a)specify—

(i)the allegations specified, or matters pleaded, in the personal injuries summons of which the respondent does not require proof,

(ii)the allegations specified, or matters pleaded in the personal injuries summons of which he or she requires proof,

(iii)the grounds upon which the respondent claims that he or she is not liable for any injuries suffered by the claimant, and

(iv)where the respondent alleges that some or all of the personal injuries suffered by the claimant were occasioned in whole or in part by the claimant’s own acts, the grounds upon which he or she so alleges, and

(b)contain full and detailed particulars of each denial or traverse, and of each allegation, assertion or plea, comprising the respondent’s Defence and, where appropriate, a counter-schedule setting out the defence to items of special damage claimed by the claimant.

The following is a suggested format in which the defence might be presented:

1.THE RESPONDENT DOES NOT REQUIRE PROOF OF THE FOLLOWING ALLEGATIONS SPECIFIED OR MATTERS PLEADED IN THE PERSONAL INJURIES SUMMONS:

2.THE RESPONDENT REQUIRES PROOF OF THE FOLLOWING ALLEGATIONS SPECIFIED OR MATTERS PLEADED IN THE PERSONAL INJURIES SUMMONS:

3.THE GROUNDS UPON WHICH THE RESPONDENT CLAIMS THAT (S) HE IS NOT LIABLE FOR ANY INJURIES SUFFERED BY THE CLAIMANT ARE AS FOLLOWS:

4.THE GROUNDS UPON WHICH THE RESPONDENT CLAIMS THAT SOME OR ALL OF THE INJURIES SUFFERED BY THE CLAIMANT WERE OCCASIONED IN WHOLE OR IN PART BY THE CLAIMANT’S OWN ACTS ARE AS FOLLOWS:*

5.DEFENCE TO RELIEFS CLAIMED BY THE CLAIMANT:

6.The bringing of these personal injuries proceedings requires to be authorised in accordance with section 14 section 17 section 32 section 36 section 49 rules under section 46(3) of the Personal Injuries Assessment Board Act 2003 and is not so authorised.*

Counter-schedule

DEFENCE TO ITEMS OF SPECIAL DAMAGE CLAIMED BY THE CLAIMANT

(add additional sheets if necessary)

LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE RESPONDENT WILL RELY AT TRIAL

	Document	Date	Description
1	e.g. letter	3 September 2013	Letter from the respondent to the claimant
2
Etc

[If a counterclaim is made, the statement of counterclaim (in Form 40A.03) should be inserted here]

Dated the ...... day of .................... 20....

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

*(Solicitor for) Respondent

To the claimant(s) at the address(es) given in the personal injuries summons

This personal injuries appearance and defence was filed aton the ...... day of .................... 20.... with ..the District Court Clerk assigned to the above Court area and district.

*Delete where inapplicable

40A.03

Personal injuries counterclaim

Schedule C

O.40A, r.7

[to be appended to the personal injuries defence]

PERSONAL INJURIES COUNTERCLAIM

Civil Liability and Courts Act 2004, section 12

STATEMENT OF COUNTERCLAIM

[A personal injuries counterclaim must contain a statement entitled “Statement of Counterclaim” which must

(a)set out, in numbered paragraphs, full and detailed particulars of—

(i)the nature of the claim and of each allegation, assertion or plea comprising that claim;

(ii)the injuries to the respondent alleged to have been occasioned by the wrong of the claimant;

(iii)the acts of the claimant constituting the said wrong and the circumstances relating to the commission of the said wrong;

(iv)each instance of negligence by the claimant,

(b)contain a schedule of full particulars of all items of special damage in respect of which the respondent is making a claim, and

(c)give details of the basis upon which jurisdiction is claimed.

The following is a suggested format in which the indorsement might be presented:

1.DESCRIPTION OF PARTIES

2.WRONG ALLEGED AGAINST THE CLAIMANT (OR AGAINST EACH CLAIMANT)

3.PARTICULARS OF THE ACTS OF THE CLAIMANT (OR OF EACH CLAIMANT) CONSTITUTING THE WRONG AND OF THE CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG

(Full particulars should be set out)

4.PARTICULARS OF EACH INSTANCE OF NEGLIGENCE BY THE CLAIMANT (OR BY EACH CLAIMANT)

(Full particulars should be set out)

5.PARTICULARS OF THE INJURIES TO THE RESPONDENT OCCASIONED BY THE WRONG OF THE CLAIMANT (OR OF EACH CLAIMANT)

6.RELIEFS CLAIMED BY THE RESPONDENT

7.The bringing of this personal injuries counterclaim requires to be authorised in accordance with section 14 section 17 section 32 section 36 section 49 rules under section 46 (3) of the Personal Injuries Assessment Board Act 2003 and these personal injuries proceedings have been authorised by the Personal Injuries Assessment Board, under section 14 section 17 section 32 section 36 section 49 rules under section 46(3) by authorisation dated the ..day of 20. under reference number ...

Schedule

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

[conclude as in Form 40.02]

40A.04

Verifying affidavit

Schedule C

O.40A, r.8

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

VERIFYING AFFIDAVIT

Civil Liability and Courts Act 2004, section 14

[The title need not be repeated where the affidavit is endorsed on the pleading or other document]

I, .. of ., the (claimant, respondent or identify the capacity in which the affidavit is made) in the above proceedings, aged eighteen years and upwards MAKE OATH and say as follows: