LegalizeS.I. No. 17/2014 - District Court (Civil Procedure) Rules 2014
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2014-07-28, Competition and Consumer Protection Act 2014
The assertions, allegations and information contained in the said (personal injuries summons, etc.) which are within my own knowledge are true. I honestly believe that the assertions, allegations and information contained in the said (personal injuries summons, etc.) which are not within my own knowledge are true.
I am aware that it is an offence to make a statement in this affidavit that is false or misleading in any material respect and that I know to be false or misleading.
SWORN before me [name in capitals] at
in the County on the ...... day of .................... 20....,
by the said .
*[who is personally known to me]
*[who is identified to me by who is personally known to me]
*[whose identity has been established to me before the taking of this affidavit by the production to me of
†passport no. issued on the ..day of.. by the authorities of .., which is an authority recognised by the Irish Government
†national identity card no. issued on the ..day of..by the authorities of ..which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
†Aliens Passport no. issued on the ..day of.. by the authorities of . which is an authority recognised by the Irish Government
†refugee travel document no. issued on the ..day of.. by the Minister for Justice and Equality
† travel document (other than refugee travel document) issued on the ..day of..by the Minister for Justice and Equality
.
Deponent *Delete if inapplicable
†Where relevant, select appropriate option and delete others.
This affidavit is filed with the District Court Clerk at.. on the ...... day of .................... 20.... by ..on behalf of thein the above proceedings.
40A.05
Notice of motion
(personal injuries action)
Schedule C
O.40A, r.9
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF MOTION
Civil Liability and Courts Act 2004
TAKE NOTICE that the above-named claimant/respondent will apply to the District Court sitting at . on the ...... day of .................... 20.... at .a.m./p.m., for the following relief pursuant to the Civil Liability and Courts Act 2004 (hereinafter the “Act”) or otherwise in personal injuries proceedings:
An order under section 9(2) of the Act for the extension of the period for the service of (state matter in which extension of time is sought)*
*An order under section 10(3) of the Act for a stay or dismissal of the proceedings by reason of the claimant’s failure to provide the information necessary to comply with section 10 of the Act
*An order under section 11(3) of the Act for a stay or dismissal of proceedings by reason of the claimant’s failure to provide further information requested under section 11(1) or section 11(2) of the Act
*An order under section 12(3) of the Act for a stay of proceedings or for judgment by reason of a respondent’s failure to provide the information necessary to comply with section 12 of the Act
*A direction of the Court under section 15 of the Act that a mediation conference be held
An order for the delivery of further and better particulars by the claimant/*respondent
*An order allowing evidence in the action to be given by affidavit, under section 19 of the Act
*An order appointing an approved person to carry out any investigation and to give evidence in the action, under section 20 of the Act
The grounds for the application are as follows: [set out in summary the grounds of the application, e.g. the respondent has requested the claimant to provide information required to comply with section 10 of the Act on ..20 and the claimant has failed to provide it].
Particular legal provisions relied on in the application.. [identify any particular legal provisions relied on in the application, e.g. the respondent relies on section 10 of the Act].
The application is supported by the affidavit of sworn on 20..
Signed..
Solicitor for the claimant/respondent
To: District Court Clerk at .......................................
And: .................................... Solicitor for the claimant/respondent
of .....................................................................
This notice of motion has been filed with the District Court Clerk at ................ and issued on the ...... day of .................... 20....
*delete where applicable
40A.06
Notice as to terms
Schedule C
O.40A, r.11
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE AS TO TERMS
Civil Liability and Courts Act 2004, section 17
TAKE NOTICE that for the purposes of section 17 of the Civil Liability and Courts Act 2004 the claimant/respondent is willing to settle the above-entitled civil proceedings on the following terms:
TERMS OTHER THAN THOSE AS TO COSTS:
TERMS AS TO COSTS:
[or]
TAKE NOTICE that for the purposes of section 17 of the Civil Liability and Courts Act 2004 the respondent is not prepared to pay any sum of money to the claimant in settlement of above-entitled civil proceedings.
Signed: ......................................................
Date: .................................... 20........
To: .......................................................
Solicitor for the claimant/respondent
And to: District Court Clerk at
...............................................
*delete where inapplicable
40A.07
Notice of application for approval of Injuries Board assessment
Schedule C
O.40A, r.13
District Court Area of District No.
Record number:
In the matter of the Personal Injuries Assessment Board Act 2003 and
In the matter of an application relating to A.B., a Child Person of Unsound Mind, as claimant to the Injuries Board of by C.D., acting as next friend committee on behalf of the said A.B.
.ofin the above Court *(area and) district ..Respondent
NOTICE OF APPLICATION FOR APPROVAL OF INJURIES BOARD ASSESSMENT
Personal Injuries Assessment Board Act 2003, section 35
A claim has been made on behalf of A.B. against . as respondent and the assessment under section 20 of the Personal Injuries Assessment Board Act 2003 of the claim has been accepted, subject to the assessment being approved under section 35 of the Personal Injuries Assessment Board Act 2003 .
TAKE NOTICE that an application will be made to the District Court sitting at . on the ...... day of .................... 20.... at .a.m./p.m., to approve the assessment under section 35 of the Personal Injuries Assessment Board Act 2003 .
Signed: ......................................................
(Solicitor for the) next friend *committee
To: .
*(Solicitor for the) respondent
To: District Court Clerk at
.............................................................
This notice of application has been filed with the District Court Clerk at .................. and issued on the ...... day of .................... 20....
*delete where inapplicable
40A.08
Notice of application by assessors
Schedule C
O.40A, r.14
District Court Area of District No.
Record number:
In the matter of an application to the Personal Injuries Assessment Board by ....... Claimant
................................ of .............. Applicant
................................ of ................................ in the above Court *(area and) district ..Respondent
NOTICE OF APPLICATION
Personal Injuries Assessment Board Act 2003, section 27
WHEREAS a request was made on .......................... 20....... under section 26(1) 26(2) of the Personal Injuries Assessment Board Act 2003 to you, the respondent, by assessors assigned by the Personal Injuries Assessment Board the performance of functions under Chapter 2 of Part 2 of the Personal Injuries Assessment Board Act 2003
*to furnish to them such records, documents, or other information in your possession or control as they reasonably requested for the purpose of—
- *(a) verifying any item of loss alleged by the above-named claimant in his/her relevant claim
- *(b) complying with the provisions of any enactment that requires specified amounts to be deducted or specified matters to be taken account of in the making of an assessment of damages
*to furnish to them for the purpose specified in section 26 (3) of the Personal Injuries Assessment Board Act 2003 relevant particulars in relation to a mechanically propelled vehicle contained in a database that is maintained for the purposes of any Community act.
AND WHEREAS you have failed/refused to comply with the said request.
TAKE NOTICE that I will apply at the sitting of the District Court to be held at on the ...... day of .................... 20.... at.. a.m./p.m. for an order under section 27 (2) of the Personal Injuries Assessment Board Act 2003 , directing you to comply with the said request.
Signed: ...........................................
(Solicitor for the) Applicant
To: The above named respondent of ...................................
To the District Court Clerk,
District Court Office at ...................................
This notice of application has been filed with the District Court Clerk at ........................... and issued on the ...... day of .................... 20....
*Delete where inapplicable
40B.01
Landlord and tenant claim notice: recovery of possession of premises
Schedule C
O.40B, r. 4
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
LANDLORD AND TENANT CLAIM NOTICE
This landlord and tenant claim notice is issued at the request of the claimant(s), who makes a claim in the District Court against the respondent for recovery of possession of premises atin the above Court *(area and) district.
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]
Particulars of premises and tenancy:
| Full address of premises | (in the above Court (area) and district) |
| Name of landlord(s) | |
| Name of tenants(s) | |
| Nature of tenancy or arrangement by which respondent is in possession of the premises (specify if in writing) | |
| Is the tenancy required to be registered in the private residential tenancies register maintained under section 127 of the Residential Tenancies Act 2004 - | Yes/No |
| Is the tenancy registered in the private residential tenancies register maintained under section 127 of the Residential Tenancies Act 2004 - | Yes/No |
| Particulars of registration under section 127 of the Residential Tenancies Act 2004 | |
| Rent | €[Specify whether per week/month/year, etc] |
| Is it alleged that the tenancy has been brought to an end, and if so how? | |
| If non-payment of rent is claimed, specify the amount of rent due, and the date up to which that rent was due | €..up to the day of 20 |
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. letting agreement | 1 September 2013 | Letting agreement between the claimant and 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 42.1, 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 and without serving an appearance and defence and filing an appearance
*PAY THE AMOUNT of € and costs of €. to the claimant or the claimants solicitor
*ARRANGE to deliver possession of the premises and pay costs of €. to the claimant or the claimants solicitor
within 10 days after the service on you of this claim notice, 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 .................................... the District Court Clerk assigned to the above Court area and district
*Delete where inapplicable
Sample statements of claim
Overholding
The claimant is the owner of a rental apartment at Flat A, 1 Main Street, Dublin 4 (the premises).
The respondent took possession of the premises as tenant of the claimant on 1 January 2012 under a one year lease dated 1 January 2012 between the claimant and the respondent at a monthly rent of €2.
The tenancy expired on 31 December 2012. The claimant did not wish to renew the tenancy as he intended to redevelop the premises.
The claimant served a written notice on the respondent on 21 January 2013 requiring him to vacate the premises immediately.
The respondent remained and remains in possession of the premises and has refused to deliver possession of the premises. No other person is in possession of any part of the premises. The claimant has not accepted rent from the respondent since 31 December 2012.
The claimant claims an order for possession of the premises and damages.
Permissive Occupant: section 82 of the Landlord and Tenant Law Amendment (Ireland) Act 1860
The claimant is the owner of premises at Flat A, 1 Main Street, Dublin 4 (the premises).
The respondent took possession of the premises as caretaker of the claimant on 1 January 2012 as the claimant planned to live abroad during 2012. The claimant allowed the respondent to occupy the premises rent-free in return for routine maintenance and ensuring the security of the premises.
The claimant returned to Ireland on 31 December 2012. The claimant wished to resume occupation of the premises as his principal residence.
The claimant served a written notice on the respondent on 1 January 2013 requiring him to vacate and deliver possession of the premises to the claimant immediately.
The respondent has refused or omitted to deliver possession of the premises to the claimant. The respondent has remained in possession of the premises.
Since 1 January 2013, the respondent has kept possession of the premises from the claimant. No other person is in possession of any part of the premises.
The claimant claims an order for possession of the premises and damages.
Recovery of possession for non-payment of rent
The claimant is the owner of a rental apartment at Flat A, 1 Main Street, Dublin 4 (the premises).
The respondent took possession of the premises as tenant of the claimant on 1 January 2011 under a written lease dated 1 January 2011 between the claimant and the respondent at a yearly rent of €20.
Rent was paid for 2011. The sum of €20 of rent, being one full years rent due up to 31 December 2012 (state amount of rent and the last gale day up to which due) became and is still due to the claimant in respect of the premises.
The claimant served repeated notices on the respondent on 1 January 2013, 1 February 2013 and 1 March 2013 requiring him to pay the arrears of rent or to vacate the premises immediately.
The respondent has refused or failed to pay the arrears of rent and remained and remains in possession of the premises and has refused to deliver possession of the premises. No other person is in possession of any part of the premises.
The claimant claims an order for possession of the premises and damages.
40C.01
Notice of statutory application
Schedule C
O.40C, r. 3
District Court Area of District No.
Record number:
In the matter of section of the ..[insert details of the relevant enactment relied on]
*On the Application of
.............. of .............. Claimant
†Between
..............Claimant
..............Respondent
NOTICE OF APPPLICATION
TAKE NOTICE that the above-named claimant will apply to the District Court sitting at................................ on the ...... day of .................... 20.... at ..a.m./p.m. (the “return date”) for:
- (1) An order †(against the first-named respondent of.in the county of (in the above Court (area and) district under the provision of the enactment stated above [Specify the nature of the order sought, e.g. An order directing that the respondent ., An order prohibiting the respondent from., An order requiring the respondent to comply with the notice (a copy of which is attached) served on him by the applicant on the ...... day of .................... 20...., An order granting the applicant a licence to.., etc]*
‡(2) An order under [] against the second-named respondent of.in the county of []
[Insert any further or consequential relief or orders sought]
The grounds for the application are as follows: .............. ................................................................... [set out in summary the grounds of the application].
Particular legal provisions relied on in the application .............. ....................... [identify any particular legal provisions relied on in the application].
LIST OF DOCUMENTS ON WHICH THE CLAIMANT WILL RELY AND COPIES OF WHICH ARE ATTACHED
| Document | Date | Description | |
| 1 | e.g. prohibition notice | 1 September 2013 | Prohibition notice issued by the claimant to the respondent |
| 2 | e.g. letter | 1 September 2013 | Letter by the claimant sending the prohibition notice to the respondent |
| Etc |
Signed: ..........................................
*(Solicitor for the) claimant
To: District Court Clerk at .........................................
†And: ................................ *(Solicitor for the) respondent
of ...................................................................................................
This notice of application has been filed with the District Court Clerk at ............................. and issued to the above return date on the ...... day of .................... 20....
where the application is ex parte* or no relief is sought against any other person
† where orders or other relief is sought against any respondent in the application
‡delete where inapplicable
40D.01
Notice of appeal to District Court
Schedule C
O.40D, r. 3
District Court Area of District No.
Record number:
In the matter of section of the ..[insert details of the relevant enactment relied on]
Between
.............. Appellant
.............. Respondent
TAKE NOTICE that the above-named appellant, of.................................................................. will appeal at the sitting of the District Court to be held at........................................................ on the ...... day of .................... 20.... at .a.m./p.m. from the notice decision * direction of the respondent, of ..............served given on the ...... day of .................... 20.... at ................................................ in the above Court (area and) district aforesaid under section of the (title of enactment)
whereby (give details of the notice, decision or direction appealed from)
And the appellant will apply for [Specify any further or consequential relief or orders sought in accordance with the enactment e.g. An order granting the applicant a licence to.., etc]
The grounds for the appeal are as follows: ..............[set out in summary the grounds of the appeal].
Particular legal provisions relied on in the appeal..............[identify any particular legal provisions relied on in the appeal].
LIST OF DOCUMENTS ON WHICH THE APPELLANT WILL RELY AND COPIES OF WHICH ARE ATTACHED
| Document | Date | Description | |
| 1 | e.g. prohibition notice | 1 September 2013 | Prohibition notice issued by the respondent to the appellant |
| 2 | e.g. letter | 1 September 2013 | Letter by the respondent sending the prohibition notice to the appellant |
| Etc |
Signed: ................................................
*(Solicitor for the) appellant
To: District Court Clerk at ..
And: ................................................... *(Solicitor for the) respondent
of ...
This notice of appeal has been filed with the District Court Clerk at..and issued on the ...... day of .................... 20....
*delete where inapplicable
40D.02
Notice of appeal to District Court: Mental Health Act 2001 , section 65(1)
Schedule C
O.40D, r. 7
District Court Area of District No.
Record number:
In the matter of section 65 of the Mental Health Act 2001
Between
...............................................................................................................................Appellant
.............. Mental Health Commission .............. Respondent
TAKE NOTICE that the above-named appellant, ... of ... being the registered proprietor the person intending to be the registered proprietor of an approved centre (within the meaning of section 63 of the above-named Act) situated at . in the above Court district, will appeal at the sitting of the District Court to be held at on the ...... day of .................... 20.... at .. a.m./p.m., from a decision of the above-named respondent, the Mental Health Commission, under section 64 of the Mental Health Act 2001 of which the appellant received notification on .. 20. (being within 21 days of the date of this appeal)
*to refuse to register the said centre
*to remove the said centre from the register
*to attach a condition to the registration of the said centre
(to amend) (to revoke) a condition attached to the registration of the said centre
The grounds for the appeal are as follows: ..............[set out in summary the grounds of the appeal].
Particular legal provisions relied on in the appeal ..............[identify any particular legal provisions relied on in the appeal].
LIST OF DOCUMENTS ON WHICH THE APPELLANT WILL RELY AND COPIES OF WHICH ARE ATTACHED
| Document | Date | Description | |
| 1 | e.g. decision notice | 1 September 2013 | Decision issued by the respondent to the appellant |
| 2 | e.g. letter | 1 September 2013 | Letter by the respondent sending the decision to the appellant |
| Etc |
Signed..
*(Solicitor for the) appellant
To: District Court Clerk at ..
And: ................................................... *(Solicitor for the) respondent
of ...
This notice of appeal has been filed with the District Court Clerk at .. and issued on the ...... day of .................... 20....
*delete where inapplicable
40E.01
Summons issued by a Clerk in a matter other than a criminal matter
Schedule C
O.40E, r. 2
District Court Area of District No.
Record number:
*In the matter of .
Between
..............Applicant/Claimant
.............. (in the above Court *(area and) district) ......... Respondent
SUMMONS
WHEREAS an application has been made to me by the above applicant/claimant on the ...... day of .................... 20.... to sign and issue this summons to you, the above-named respondent, in respect of the following matter claimed by the applicant against you, namely, [insert particulars of the nature of the proceedings or matter at issue, including a summary of any facts relied on and the provisions of any enactment relied on in making the application]
THIS IS TO NOTIFY YOU that the matter will be entered before a sitting of the District Court for the above Court *(area and) district to be held at ................................................. on the ...... day of .................... 20.... at .a.m./p.m. AND TO REQUIRE YOU to appear at the said sitting to answer to the said matter.
Dated this ...... day of .................... 20....
at the District Court Office
at..............................................
Signed: ....................................................................
District Court Clerk assigned to the above Court area.
To ....................................... of .......................................
respondent
*Delete where inapplicable
41.01
Statutory declaration of service of a document by registered post
Schedule C
O.41, r. 14
District Court Area of District No.
Record number:
‡Between
..............Claimant
..............Respondent
STATUTORY DECLARATION AS TO SERVICE BY REGISTERED PREPAID POST
Courts Act 1964, section 7
I, .............. of ..............aged sixteen years and upwards, do solemnly and sincerely declare that:
I served this original document by
posting a true copy thereof at................... a.m./p.m. on the ...... day of .................... 20.... at................... Post Office in a registered prepaid envelope addressed to the above respondent *claimant at the address stated in this document.
*by depositing a true copy thereof in an envelope at a.m./p.m. on the ...... day of .................... 20.... with a postal service provider authorised to provide a registered items service and registered as such in the register maintained under section 40 of the Communications Regulation (Postal Services) Act 2011 .
The address to which the envelope was sent is the last known residence or most usual place of residence/place of business of the person to whom the document is directed.
The certificate of posting of the envelope is attached.
I am (the prosecutor/complainant/applicant/ in the proceedings) (authorised by the person bringing/appealing the proceedings to post the said envelope).
At the time of posting the envelope the original document was duly issued *and stamped.
*The envelope has not to this date been returned undelivered to the sender.
*The envelope has been recorded as delivered on the ...... day of .................... 20....
I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
Signed: .............................................................
Declared before me...............................[name in capitals] a (Judge of the District Court) (commissioner for oaths/practising solicitor) (peace commissioner) (notary public) by the said .
*[who is personally known to me],
*[who is identified to me by ............................ who is personally known to me]
*[whose identity has been established to me before the taking of this Declaration by the production to me of
†passport no. issued on the ...... day of ........................ by the authorities of .., which is an authority recognised by the Irish Government,
†national identity card no. issued on the ...... day of ....................... by the authorities of ..which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement,
†Aliens Passport no. ( issued on the ...... day of ....................... by the authorities of . which is an authority recognised by the Irish Government,
†refugee travel document no. issued on the ...... day of ........................ by the Minister for Justice and Equality,
† travel document (other than refugee travel document) issued on the ...... day of ....................... by the Minister for Justice and Equality,]
at ........................................ this ..... day of .................................... 20.......
Signed: ..............................................................
Judge of the District Court Commissioner for Oaths / Practising Solicitor / Peace Commissioner /*Notary Public.
This statutory declaration has been filed with the District Court Clerk at ............................. on the ....... day of ............................... 20......
NOTE
This declaration must be made not earlier than ten days after the day on which the envelope is posted.
- Delete where inapplicable.
†Where relevant, provide details of the document by which identity has been established, and delete the remaining alternatives.
‡It is not necessary to repeat the title where a statutory declaration is endorsed on the document. Substitute the appropriate form of title to the civil proceeding concerned, where different.
41.02
Statutory declaration of service of a document by ordinary post
Schedule C
O.41, r. 14
District Court Area of District No.
Record number:
‡Between
..............Claimant
..............Respondent
STATUTORY DECLARATION AS TO SERVICE BY ORDINARY POST
I,................................................................... of...............................................................
aged sixteen years and upwards, do solemnly and sincerely declare that:
I served this original document by posting a copy of the document at Post Office at.....a.m./p.m. on the ...... day of .................... 20...., in a prepaid envelope addressed to the above respondent/claimant at the address stated in the document *(pursuant to an order of the Court dated the ....... day of .................... 20....).
*2. The certificate of posting of the envelope is attached.
The envelope has not to this date been returned undelivered to the sender
I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
Signed:....................................................................................................
Declared before me...............................[name in capitals] a (Judge of the District Court) (commissioner for oaths/practising solicitor) (peace commissioner) (notary public) by the said .
*[who is personally known to me]
*[who is identified to me by who is personally known to me]
*[whose identity has been established to me before the taking of this Declaration by the production to me of
†passport no. issued on the ..day of.. by the authorities of .., which is an authority recognised by the Irish Government,
†national identity card no. issued on the ..day of..by the authorities of ..which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement,
†Aliens Passport no. ( issued on the ..day of.. by the authorities of . which is an authority recognised by the Irish Government,
†refugee travel document no. issued on the ..day of.. by the Minister for Justice and Equality,
† travel document (other than refugee travel document) issued on the ..day of..by the Minister for Justice and Equality,]
at ........................................ this ..... day of ............................. 20.......
Signed: ....................................................
Judge of the District Court Commissioner for Oaths / Practising Solicitor / Peace Commissioner /*Notary Public.
This statutory declaration has been filed with the District Court Clerk at.. on the day of 20
NOTE
This declaration must be made not earlier than ten days after the day on which the envelope is posted.
- Delete where inapplicable.
†Where relevant, provide details of the document by which identity has been established, and delete the remaining alternatives.
‡It is not necessary to repeat the title where a statutory declaration is endorsed on the document. Substitute the appropriate form of title to the civil proceeding concerned, where different.
41.03
Statutory declaration of personal service of a document
Schedule C
O.41, r. 14
District Court Area of District No.
Record number:
‡Between
..............Claimant
..............Respondent
STATUTORY DECLARATION AS TO PERSONAL SERVICE
I,................................................................... of...............................................................
aged sixteen years and upwards, do solemnly and sincerely declare that:
I duly served this original document on the ...... day of .................... 20...., by handing a copy thereof to: .............................................
I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
Signed: .......................................................................
Declared before me ............................... [name in capitals] a (Judge of the District Court) (commissioner for oaths/practising solicitor) (peace commissioner) (notary public) by the said .
*[who is personally known to me]
*[who is identified to me by who is personally known to me]
*[whose identity has been established to me before the taking of this Declaration by the production to me of
†passport no. issued on the ..day of.. by the authorities of .., which is an authority recognised by the Irish Government,
†national identity card no. issued on the ..day of..by the authorities of ..which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement,
†Aliens Passport no. ( issued on the ..day of.. by the authorities of . which is an authority recognised by the Irish Government,
†refugee travel document no. issued on the ..day of.. by the Minister for Justice and Equality,
† travel document (other than refugee travel document) issued on the ..day of..by the Minister for Justice and Equality,]
at.................................................this.....day of........................................20..........
Signed:.................................................................................................
Judge of the District Court Commissioner for Oaths / Practising Solicitor / Peace Commissioner /*Notary Public.
This statutory declaration has been filed with the District Court Clerk at.. on the ...... day of .................... 20....
- Delete where inapplicable.
†Where relevant, provide details of the document by which identity has been established, and delete the remaining alternatives.
‡It is not necessary to repeat the title where a statutory declaration is endorsed on the document. Substitute the appropriate form of title to the civil proceeding concerned, where different.
41B.01
Notice of commencement of proceedings
Schedule C
O. 41B, rr. 5(2), 5(3), 5(6), 13(2), 13(3), 13(5), 19, 25(1)
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of
*Council Regulation (EC) No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “Jurisdiction Regulation”)
*The Brussels Convention of the European Communities on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 1968 (the “Brussels Convention”)
*The Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters Between Member States of the European Communities and the European Free Trade Association, 2007 (the “Lugano Convention”)
*Council Regulation (EC) 4/2009 of 18 December 2008 on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Cooperation in Matters relating to Maintenance Obligations (the “Maintenance Regulation”)
*The Rome Convention Between the Member States of the European Communities on the Simplification of Procedures for the Recovery of Maintenance Payments (the “Rome Convention”) and the Maintenance Act 1994
*The New York Convention on the Recovery Abroad of Maintenance (the “New York Convention”) and the Maintenance Act 1994
*The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children 1996 (the “Hague Child Convention”)
Record number:
NOTICE OF COMMENCEMENT OF LEGAL PROCEEDINGS
Between ..............
of .............. Claimant
and ..............
of .............. Respondent
YOU ARE HEREBY GIVEN NOTICE that proceedings have been begun against you, the above respondent, domiciled habitually resident at by the above claimant, (ordinarily resident) (carrying on a profession/business/ occupation) (habitually resident) at (in the above District Court area), claiming as follows:—
[insert particulars of claim from claim notice, maintenance summons or other relevant originating document]
†IF YOU DISPUTE THE CLAIM and wish to defend the proceedings (whether for the purpose solely of contesting the jurisdiction of the court or on the merits of the claim), 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 five/six weeks 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.
‡The proceedings have been listed for hearing at the sitting of the District Court to be held at.. on the ...... day of .................... 20.... at a.m./p.m. IF YOU DISPUTE THE CLAIM, you should serve and file an appearance and notice of intention to defend in the Form 42.02, Schedule C of the District Court Rules (as attached) and appear or arrange to be represented at that hearing.
IF YOU FAIL TO RESPOND THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU
Dated this . day of 20.
Signed
District Court Clerk assigned to the above District Court area,
District Court Office at...
IRELAND
To .............................................
of ..............................................
the above respondent.
The proceedings have been issued on 20. by the District Court Clerk at.at the request of (the claimant) (.................... solicitors of ., solicitors for the claimant)
*Delete where inapplicable
† For proceedings begun by claim notice
‡ For proceedings begun by a civil summons which is assigned a return date. Where the proceedings are begun by a civil summons which is assigned a return date, notice of appearance and intention to defend in Form 42.02, Schedule C of the District Court Rules must be attached.
41B.02
Certificate as to jurisdiction
Schedule C
O. 41B, rr. 5(3), 5(6), 13(3), 13(5)
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of
*Council Regulation (EC) No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “Jurisdiction Regulation”)
*The Brussels Convention of the European Communities on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 1968 (the “Brussels Convention”)
*The Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters Between Member States of the European Communities and the European Free Trade Association, 2007 (the “Lugano Convention”)
*Council Regulation (EC) 4/2009 of 18 December 2008 on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Cooperation in Matters relating to Maintenance Obligations (the “Maintenance Regulation”)
*The Rome Convention Between the Member States of the European Communities on the Simplification of Procedures for the Recovery of Maintenance Payments (the “Rome Convention”) and the Maintenance Act 1994
*The New York Convention on the Recovery Abroad of Maintenance (the “New York Convention”) and the Maintenance Act 1994
Record number:
CERTIFICATE AS TO COURT’S JURISDICTION
Between ..............of .............. claimant and .............. of .............. respondent
I .............. *(solicitor for) the above claimant hereby certify:
That the claim(s) made in the document beginning the above proceedings which was lodged with this certificate is a claim/are claims which under the (Jurisdiction Regulation) (Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998) (Maintenance Regulation), the Court has power to hear and determine by virtue of the provisions of Article(s)...... of (the Jurisdiction Regulation) (the Brussels Convention) (the Lugano Convention) *(the Maintenance Regulation),
That the claim(s) brought by the claimant is a claim/are claims which the Court has jurisdiction to hear and determine by reason of the fact(s) that **.........
That no proceedings involving the same cause of action are pending between the parties in another Member State Contracting State.
Dated this . day of .. 20
Signed
*(Solicitor for the) claimant
*Delete where inapplicable
**for examples of clauses which might be inserted here see below
**Examples of clauses which may be used, as appropriate, in recital no. 2
-The respondent is domiciled in the above District Court Area within the jurisdiction of the Honourable Court
- The claim against the respondent arises out of a contract and the place for performance of the obligations under the contract is within the jurisdiction of the Honourable Court and therefore, by virtue of Article 5.1 of the (Jurisdiction Regulation) (Brussels Convention) *(Lugano Convention) above-named, the Court has jurisdiction.
- The claim against the respondent is a claim in tort and the harmful event giving rise to the cause of action occurred in the above District Court Area within the jurisdiction of the Honourable Court.
- The claim against the respondent relates to and/or arises out of the operation of a branch, agency or other establishment of the respondent which said branch, agency or establishment is situated in the above District Court Area within the jurisdiction of the Honourable Court.
- The claim against the respondent is a claim in which the claimant is a policy holder under a policy of insurance and it is therefore a claim to which (Article 9 of the Jurisdiction Regulation) (Article 9 of the Lugano Convention) *(Article 8.2 of the Brussels Convention) applies. The Plaintiff is ordinarily resident/carries on a profession, business or occupation in the above District Court Area within the jurisdiction of the Honourable Court.
- The claim against the respondent is brought by the claimant in his/her capacity as a consumer in relation to a consumer contract to which (Article 16 of the Jurisdiction Regulation) (Article 16 of the Lugano Convention) *(Article 14 of the Brussels Convention) applies. The claimant is ordinarily resident/carries on a profession, business or occupation in the above District Court Area within the jurisdiction of the Honourable Court.
- The claim against the respondent is a claim to which (Article 22 of the Jurisdiction Regulation) (Article 22 of the Lugano Convention) (Article 16 of the Brussels Convention) (relating to exclusive jurisdiction) applies and the Honourable Court has exclusive jurisdiction to hear and determine the claim because (give details as in relevant provisions of Article 22/Article 16)*
- The claim against the respondent arises out of a contract/agreement made between the claimant and the respondent which provided, inter alia, that the Honourable Court was to have jurisdiction in relation to matters arising out of the contract/agreement and, by virtue of (Article 23 of the Jurisdiction Regulation) (Article 23 of the Lugano Convention) *(Article 17 of the Brussels Convention), the Honourable Court is entitled to assume jurisdiction.
-The claimant’s claim is a claim relating to maintenance obligations and the claimant is habitually resident in the District Court Area above-named and the claim is within the jurisdiction of the Honourable Court by virtue of Article 3(b) of the Maintenance Regulation.
-The claimant’s claim is a claim relating to maintenance obligations and the claim is ancillary to proceedings concerning the status of a person (specify the proceedings concerned) which proceedings are within the jurisdiction of the Honourable Court by virtue of (specify the basis of the Court’s jurisdiction) and accordingly the claim relating to maintenance obligations is within the jurisdiction of the Honourable Court by virtue of Article 3(c) of the Maintenance Regulation.
-The claimant’s claim is a claim relating to maintenance obligations and the said claim is ancillary to proceedings concerning parental responsibility (specify the proceedings concerned) which proceedings are within the jurisdiction of the Honourable Court by virtue of (specify the basis of the Court’s jurisdiction) and accordingly the claim relating to maintenance obligations is within the jurisdiction of the Honourable Court by virtue of Article 3(d) of the Maintenance Regulation.
-The claimant’s claim is a claim relating to maintenance obligations and the parties have agreed in accordance with Article 4 of the Maintenance Regulation the Honourable Court shall have jurisdiction to settle any disputes in matters relating to a maintenance obligation which have arisen or may arise between them, and the Court is a court mentioned in Article 4.1(a)(b)*(c) of the Maintenance Regulation.
41B.03
Certificate as to judgment
Schedule C
O.41B, r.9 (1) (b), 9 (2)
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of
*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).
*Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.
*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968 (the “Brussels Convention”).
*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”).
*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.
*Section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.
Record number:
CERTIFICATE BY DISTRICT COURT CLERK
Between .............. of .............. claimant and .............. of .............. respondent
I, .., the District Court Clerk assigned to the above District Court area, hereby certify as follows:-
That the above-named proceedings were in respect of a claim by the claimant against the respondent brought before this Court on ...... day of .................... 20.... by claim notice (civil) summons issued on the ...... day of .................... 20.... claiming as follows.
That (the document beginning the proceedings) (notice of the commencement of the proceedings) was served on the respondent on the ...... day of .................... 20.... in the following manner- ..............
That the respondent (appeared) (did not appear) at the hearing of the proceedings.
That the respondent (was represented) (was not represented) at the hearing of the proceedings.
That the Court assumed jurisdiction in the proceedings pursuant to the provisions of Article(s) .. of (the Jurisdiction Regulation) (the 1968 Convention) *(the Lugano Convention) above-named, on the grounds that-.
That the Court gave judgment against the (respondent) (claimant) as follows:-..
*7. That the judgment carries interest at the rate of percent per annum on the judgment debt only (exclusive of costs and expenses) that is to say, on the sum of € .from the ...... day of .................... 20....until it is paid.
That (notice of appeal against) (notice to set aside) the judgment (has been entered) (has not been entered).
That the time for lodging an appeal against the judgment (expired) (will expire) on the ...... day of .................... 20....
That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.
Dated this ...... day of .................... 20....
Signed ..............
District Court Clerk assigned to the above District Court area,
District Court Office at...
IRELAND
*Delete where inapplicable
41B.04
Certificate that a judgment is enforceable
Schedule C
O.41B, r.10 (3)
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of
*Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters (the “Jurisdiction Regulation”).
*Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.
*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968 (the “Brussels Convention”).
*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”).
*The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on the 15th day of November, 1965.
*Section 14 of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.
Record number:
CERTIFICATE THAT JUDGMENT IS ENFORCEABLE IN THE STATE AND HAS BEEN SERVED
Between .............. of .............. claimant and .............. of .............. respondent
I, ..............................., the District Court Clerk assigned to the above District Court area, hereby certify as follows:—
That the judgment given in the above proceedings at the sitting of the District Court held at...... on the ...... day of .................... 20.... is enforceable in this State, and
That on the ...... day of .................... 20.... a copy of the said judgment was served by registered/insured post on the respondent at the following address—.
Dated this ...... day of .................... 20....
Signed ..............
District Court Clerk assigned to the above District Court area,
District Court Office at...
IRELAND
*Delete where inapplicable
41B.05
Notice of registration
Schedule C
O.41B, r. 21(3)(b)
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the “Maintenance Regulation”).
And in the matter of the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 )
To ...................... of .............. Maintenance debtor
ENDORSEMENT
This notice is issued to you as maintenance debtor, by the District Court. If you the maintenance debtor fail to make a payment due under the decision details of which are given below, a summons may be issued for you to attend before the District Court.
If you are concerned that you may not be able to comply with the terms of the decision, you should seek legal advice. The District Court cannot vary the terms of the decision.
Under Regulation 10(14) of the above Regulations of 2011, you are required to notify the District Court Clerk named below of any change in your address. Failure, without reasonable excuse, to do so is an offence punishable on summary conviction by a class C fine.
NOTICE CONCERNING SUMS PAYABLE UNDER AN ENFORCEABLE MAINTENANCE ORDER
Between ....................... of .............. Maintenance Creditor
and ....................... of .............. Maintenance Debtor
Record number:
YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below, payable by you, the above-named Maintenance Debtor, under a decision recognised within the meaning of Article 17.1 of the Maintenance Regulation (made) (as varied) on the ...... day of .................... 20.... by ‡........... are:
*by virtue of the said decision payable to the Maintenance Creditor.
*by virtue of Regulation 10(8) of the European Communities (Maintenance) Regulations 2011 payable to the District Court Clerk assigned to the above-named District Court area for transmission to the Maintenance Creditor.
Sums payable under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency (euro) to:
The District Court Clerk,
District Court Office,
at ............
whose office hours are from ........... to ........... Monday to Friday each week.
Dated this ...... day of .................... 20....
Signed ..............
District Court Clerk assigned to the above District Court area,
District Court Office at...
IRELAND
PARTICULARS OF SUMS DUE
Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses): €...............
In addition to the above sum you are obliged to pay €............... per week in accordance with the terms of the decision and the provisions of the above Regulations of 2011.
*Delete where inapplicable
‡State Court which made order
41B.06
Notice of registration
Schedule C
O.41B, r. 23(2)
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the “Maintenance Regulation”).
And in the matter of the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 )
To ...................... of .............. Maintenance debtor
ENDORSEMENT
This notice is issued to you as maintenance debtor, by the District Court. If you the maintenance debtor fail to make a payment due under the decision details of which are given below, a summons may be issued for you to attend before the District Court.
If you are concerned that you may not be able to comply with the terms of the decision, you should seek legal advice. The District Court cannot vary the terms of the decision.
Under Regulation 10(14) of the above Regulations of 2011, you are required to notify the District Court Clerk named below of any change in your address. Failure, without reasonable excuse, to do so is an offence punishable on summary conviction by a class C fine.
NOTICE CONCERNING SUMS PAYABLE UNDER AN ENFORCEABLE MAINTENANCE ORDER
Between ....................... of .............. Maintenance Creditor
and ....................... of .............. Maintenance Debtor
Record number:
YOU ARE HEREBY GIVEN NOTICE that the sums, particulars of which are set out below, payable by you, the above-named Maintenance Debtor, under a (decision) (maintenance order) (made) (as varied) on the ...... day of .................... 20.... by ‡........... and in respect of which an enforcement order has been made by the Master of the High Court, Dublin on the ...... day of .................... 20.... are by virtue of Regulation 10(8) of the above-named Regulations of 2011 payable to the District Court Clerk assigned to the above-named District Court area for transmission to the Maintenance Creditor.
Sums payable under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should until further notice be paid in Irish currency (euro) to:
The District Court Clerk,
District Court Office,
at ............
whose office hours are from ........... to ........... Monday to Friday each week.
Dated this ...... day of .................... 20....
Signed ..............
District Court Clerk assigned to the above District Court area,
District Court Office at...
IRELAND
PARTICULARS OF SUMS DUE
Total amount due in Irish currency at the date of this notice (including any arrears, costs and expenses): €...............
In addition to the above sum you are obliged to pay €............... per week in accordance with the terms of the decision and the provisions of the above Regulations of 2011.
*Delete where inapplicable
‡State Court which made order
41B.07
Certificate of arrears
Schedule C
O.41B, r.20
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the “Maintenance Regulation”) and the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ).
Certificate of arrears
Between ....................... of .............. Maintenance Creditor
and ....................... of .............. Maintenance Debtor
Record number:
I, .........................., the District Court Clerk assigned to the above Court area, HEREBY CERTIFY that the sums payable to the District Court Clerk assigned to the above Court area by the above maintenance debtor now residing at ...... for transmission to the above maintenance creditor, domiciled at ....... under a maintenance order (made) (as varied) on the ...... day of .................... 20.... by ‡..........
*and in respect of which an enforcement order was made by the Master of the High Court on the ...... day of .................... 20....,
*and which is a decision recognised within the meaning of Article 17.1 of the Maintenance Regulation,
*[have not been paid in full and that there is according to the best of my information and belief, in arrears the sum of €...... being the amount of weekly payments which have become due and payable up to and including the ...... day of .................... 20.... (together with the sum of €....... for costs and expenses, making in all the total sum of €.....)].
*[have been paid in full up to and including the ...... day of .................... 20.... and that there are no such sums in arrears at the date of this certificate.]
Dated this ...... day of .................... 20....
Signed ..............
District Court Clerk assigned to the above District Court area,
District Court Office at...
IRELAND
*Delete where inapplicable
‡name of Court which made order
41B.08
Summons to vary or revoke a maintenance order
Schedule C
O. 41B, r. 25
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of
(Article 2) (Article 5.2) of
*The Convention of the European Communities on jurisdiction and the enforcement of judgments in civil and commercial matters (and the Protocol annexed thereto) signed at Brussels on the 27th day of September, 1968 (the “Brussels Convention”).
*The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October, 2007 (the “Lugano Convention”).
and Section 9 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998
Record number:
SUMMONS TO VARY REVOKE A MAINTENANCE ORDER
Between ....................... of .............. Maintenance Creditor
and ....................... of .............. Maintenance Debtor
YOU ARE HEREBY REQUIRED TO APPEAR at the sitting of the District Court to be held at ............................ on the ...... day of .................... 20.... at ............. a.m./p.m. (the “return date”) on the hearing of an application by the above (maintenance creditor) (maintenance debtor) residing at ......................... (in the above Court area and district) to have the maintenance order which was made on the ...... day of .................... 20.... by †........................ whereby the above maintenance debtor was ordered to pay ††................................ *(being an order in respect of which an enforcement order was made on the ...... day of .................... 20.... by the Master of the High Court at Dublin).
VARIED REVOKED on the following grounds-
(set out grounds of application)
IF YOU INTEND TO APPEAR OR TO BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you (or your solicitor) should complete and sign the two notices of intention to appear attached, post one to the District Court Clerk at the address shown below so soon as to reach his or her office not later than four days before the above return date, and post the other notice to the other party in the proceedings or to that partys solicitor, as the case may be.
IF YOU FAIL TO RETURN THE ATTACHED NOTICES THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU.
Dated this ...... day of .................... 20....
Signed ..............
District Court Clerk assigned to the above District Court area,
District Court Office at...
IRELAND
To ................................................
of ................................................
*(in the above Court area and district)
*(maintenance creditor)
*(maintenance debtor)
This summons has been filed with the District Court Clerk at ............................. and issued to the above return date on the ...... day of .................... 20....
Add two Notices of Intention to Appear as in Form 42.02
*Delete where inapplicable
†name of court which made order
†† give details of the order
41B.09
Notice of application for enforcement
Schedule C
O. 41B, r. 29(2)
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
.............. Applicant (the Central Authority)
.............. of .............. (in the above Court District) .............. Respondent
Record number:
NOTICE OF APPLICATION FOR THE ENFORCEMENT OF A MAINTENANCE ORDER
Maintenance Act 1994, section 14(1)(b)
WHEREAS the above Central Authority has received a request from .................................... a central authority of a designated jurisdiction, on behalf of ......................................... of ................................................ a claimant, for the recovery of maintenance from you, the above respondent, residing in the State.
AND WHEREAS the request was accompanied by an order made by the ................................ court at ..................................................................... and the Central Authority is of the opinion that the order may be enforceable in the State,
TAKE NOTICE that the Central Authority will apply, under section 14 (1)(b) of the Maintenance Act 1994 , at the sitting of the District Court to be held at......................... on the ...... day of .................... 20.... at ............. a.m./p.m. (the “return date”) for the enforcement of the order.
Dated this ...... day of .................... 20....
Signed:..............................................................
*(Solicitor for the) Applicant
To: .............. of .............., respondent
This notice of application has been filed with the District Court Clerk at ........................... and issued to the above return date on the ...... day of .................... 20....
NOTE
This notice must be accompanied by a copy of the documents mentioned in section 14 (b) of the Maintenance Act 1994 .
41B.10
Notice of application for the recovery of maintenance
Schedule C
O. 41B, r. 30(2)
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
.............. Applicant (the Central Authority)
.............. of .............. (in the above Court District) .............. Respondent
Record number:
NOTICE OF APPLICATION FOR THE RECOVERY OF MAINTENANCE
Maintenance Act 1994, section 14(1)(c)(ii)
WHEREAS the above Central Authority has received a request from ..........................., a central authority of a designated jurisdiction, on behalf of .................................... a claimant, for the recovery of maintenance from you, the above-named respondent, residing in the State,
AND WHEREAS
*(the request was not accompanied by an order of a court mentioned in section 14 (1) of the Maintenance Act 1994 )
*(enforcement of an order of a court mentioned in section 14 (1) of the Maintenance Act 1994 , which accompanied the request, has been refused)
AND WHEREAS the amount of maintenance sought to be recovered does not exceed the maximum amount which the District Court has jurisdiction to award under the Family Law (Maintenance of Spouses and Children) Act 1976 .
TAKE NOTICE that the Central Authority will make an application under section 14 (1)(c)(ii) of the Maintenance Act 1994 to the District Court at a sitting of the Court to be held at ................. on the ...... day of .................... 20.... at ................ a.m./p.m. (the “return date”) for the recovery of maintenance in accordance with the request.
Dated this ...... day of .................... 20....
Signed:................................................................................
*(Solicitor for the) Applicant
To: .............. of .............., respondent
This notice of application has been filed with the District Court Clerk at ........................ and issued to the above return date on the ...... day of .................... 20....
NOTE
This notice must be accompanied by a copy of the documents mentioned in section 14 (6) of the Maintenance Act 1994 .
*Delete if inapplicable
41B.11
Deposition of respondent
Schedule C
O. 41B, r. 31
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
.............. Applicant (the Central Authority)
.............. of .............. (in the above Court District) .............. Respondent
Record number:
In the matter of proceedings for the recovery of maintenance under section 14 (1)(c)(ii) of the Maintenance Act 1994 at hearing before this Court
DEPOSITION OF RESPONDENT
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