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 deposition of ....... of ......................... the respondent in the above proceedings, who says upon oath as follows:—
Dated this ...... day of .................... 20....,
Signed: ..............................................
Deponent
Sworn before me at a sitting of the District Court held at...........on this ...... day of .................... 20....
Signed: ..............................................
Judge of the District Court
41B.12
Deposition of claimant
Schedule C
O. 41B, r. 33
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of an application by ............ of ............ (in the above Court District) .......................... Claimant
To the Central Authority in the State to recover maintenance from ................ of ............ (in a designated jurisdiction) ................................... Respondent
Record number:
DEPOSITION OF CLAIMANT
The deposition of..... of............ the claimant in the above proceedings, who says upon oath as follows:—
Dated this ...... day of .................... 20....,
Signed: ..............................................
Deponent
Sworn before me at a sitting of the District Court held at ........... on this ...... day of .................... 20....
Signed: ..............................................
Judge of the District Court
CERTIFICATE
The Court is satisfied that, and hereby certifies that the claimants deposition sets forth facts from which it may be determined that the respondent concerned owes a duty to maintain the claimant.
Dated this ...... day of .................... 20....
Signed: ..............................................
Judge of the District Court
41B.13
Certificate
Schedule C
O. 41B, r. 34
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of an Order (for the recovery of maintenance) (varying an order for the recovery of maintenance) made by this Court on the application of the claimant ................ of .................. Ireland, seeking to recover maintenance from the respondent ............... residing at .......................... in a designated jurisdiction.
Record number:
CERTIFICATE
Maintenance Act 1994, section 15(3)(b)
I, ..................................... of ............................... District Court Clerk assigned to the above District Court Area, hereby certify in accordance with section 15 (3)(b) of the Maintenance Act 1994 as follows:—
That the time for lodging an appeal against the order in the above matter will expire has expired on the ...... day of .................... 20....
That notice of appeal has has not been entered.
*That arrears to the amount of €....... remain unpaid under the order.
*(That the respondent appeared at the hearing of these proceedings).
*(That the respondent did not appear at the hearing of these proceedings, and attached hereto is a certified copy of the document establishing that notice of the institution of proceedings was served on the respondent).
Dated this ...... day of .................... 20....
Signed: .................................................
District Court Clerk.
- Delete where inapplicable
41B.14
Notice that evidence will be taken
Schedule C
O. 41B, r. 35
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of proceeding for the recovery of maintenance and entitled ........ -v- ........ in a court in a designated jurisdiction and a request from that court to obtain the evidence of a person residing in the State for the purposes of those proceedings.
Record number:
NOTICE OF TIME AND PLACE AT WHICH EVIDENCE IS TO BE TAKEN
Maintenance Act 1994, section 19(3)
WHEREAS the Judge of the District Court assigned to the above Court district has received a request from the Master of the High Court under section 19 (2) of the Maintenance Act 1994 to take the evidence of ......... a person residing in Ireland at .......... in the above Court district for the purposes of proceedings at ............ in a designated jurisdiction for the recovery of maintenance, a request to obtain such evidence having been made to the Central Authority by/on behalf of a court in a designated jurisdiction, namely, the ............... Court in .................
TAKE NOTICE that the said Judge will take evidence of the person concerned, namely, .............. on the....... day of .................... 20...., at a.m./p.m. at the following place, ................. when and where that person is hereby required to attend for the purpose of giving such evidence.
Dated this...... day of .................... 20....
Signed .................................................
District Court Clerk.
To: ............................... of: ...............................
(the person concerned)
To: ...............................
(the Central Authority)
To: The Master of the High Court
41B.15
Deposition
Schedule C
O. 41B, r. 35
ÉIRE
IRELAND
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
In the matter of proceedings for the recovery of maintenance and entitled ......... -v ............ in a court in a designated jurisdiction namely the ......... court in ........ and a request from that court to obtain the evidence of a person residing in the State, for the purposes of those proceedings
Record number:
DEPOSITION
Maintenance Act 1994, section 19(4)
The deposition of ..... of ............ a person residing in Ireland at ................, who says upon oath as follows:—
Dated this ...... day of .................... 20....,
Signed: ..............................................
Deponent
Sworn before me at a sitting of the District Court held at ........... on this ...... day of .................... 20....
Signed: ..............................................
Judge of the District Court
41B.16
Notice of application for an order to provide information
Schedule C
O. 41B, rr. 39(1), 40(1)
AN CHÚIRT DÚICHE THE DISTRICT COURT
District Court Area of District No.
..............Applicant (Central Authority)
.............. of .............. in the above Court (area and) district, the person *body to whom the order sought is to be directed
Record number:
NOTICE OF APPLICATION FOR AN ORDER TO PROVIDE INFORMATION
*Maintenance Act 1994, section 20(2)
*European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ), regulation 19(2)
WHEREAS the above Central Authority considers that you the above person body (not being a person body mentioned in section 20(1) of the Maintenance Act 1994 Regulation 19(1) of the European Communities (Maintenance) Regulations 2011) are likely to have information as to the whereabouts/place of work/location and extent of the assets of ....................................................... of ............................................. a maintenance debtor respondent maintenance creditor, and that it requires that information for the purposes of obtaining any information that is necessary or expedient for the performance of its function,
TAKE NOTICE that the Central Authority will make an application under
- section 20 (2) of the Maintenance Act 1994 *Regulation 19(2) of the European Communities (Maintenance) Regulations 2011
at the sitting of the District Court to be held at ........... on the ...... day of .................... 20.... at ............. a.m./p.m. for an order that you provide to the Central Authority such information within such period as may be specified in the order.
Dated this ...... day of .................... 20.....
Signed: .................................................
- (for) Applicant
To .............. of .............. (the above-named person body)
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....
*Delete where inapplicable
41B.17
Protection of Children (Hague Convention) Act 2000: Notice of Application for order
Schedule C
O.41B, r.48
Protection of Children (Hague Convention) Act 2000
Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at the Hague on the 19th day of October 1996 (the “Convention”), Article 24 *Article 26
NOTICE OF APPLICATION
under Article 24 of the Convention to decide on the recognition *non-recognition of a measure taken in another contracting state
*under Article 26 of the Convention that a measure taken in another contracting state be declared enforceable or registered for the purpose of enforcement in the State
District Court Area of District No.
.............. Applicant
.................. of .......................... (in the said District Court District) Respondent*
Record number:
WHEREAS a measure (within the meaning of the Convention) was taken on the ...... day of .................... 20.... by ............................. , an authority of the contracting state (the “Contracting State Authority” of ..............., a contracting state of the Convention.
The measure taken by the Contracting State Authority relates to the following child*(ren):
†Full name ..............
Address ..............
Date and place of birth (where available) ..............
Summary of nature and effect of measure ..............
The person(s) having rights referred to in Article 3 of the Convention in respect of the child(ren) and the nature of those rights are the following:
†Full name ..............
Address ..............
Date and place of birth (where available) ..............
Nature of rights (e.g. parental responsibility, right of custody, right of access, guardianship) ..............
Child*(ren) to whom those rights relate ..............
Where the request concerns the enforcement of a measure taken by the Contracting State Authority concerning access:
- (i) practical arrangements for exercise of rights of access (to the extent stated in the measure),
Date and time .........................
Start ...........................................
End ............................................
Place .........................................
- (ii) any specific obligations on the holders of parental responsibility ..............
- (iii) any specific obligations on the person with a right of access ..............
- (iv) any restrictions attached to the exercise of rights of access ..............
Jurisdiction of the Contracting State Authority to take the measure concerned by reference to Chapter II of the Convention
Findings of fact on which the Contracting State Authority based its jurisdiction
The child(ren) concerned was/were given the opportunity to be heard by the Contracting State Authority
The measure was taken in a case of urgency and the child(ren) concerned was/were not given the opportunity to be heard by the Contracting State Authority
The following persons, having parental responsibility in respect of the child(ren) concerned, namely,.................., was/were given the opportunity to be heard in relation to the measure by the Contracting State Authority.
The measure was taken in a case of urgency and the persons having parental responsibility in respect of the child(ren) concerned was/were not given the opportunity to be heard by the Contracting State Authority.
*9. A later measure has/has not been taken in a non-contracting state of the habitual residence of the child.
*10. The procedure provided in Article 33 of the Convention has been complied with.
According to the law of the Contracting State Authority, the measure is enforceable.
12.The above-named applicant is entitled to request recognition/non-recognition of the measure and that the measure be declared enforceable or registered for the purpose of enforcement in the State because ..............
TAKE NOTICE that the above applicant will apply to the District Court sitting at ....................................................... on the ...... day of .................... 20.... at ............ a.m./p.m.:
- to decide on the recognition of the said measure taken by the Contracting State Authority pursuant to Article 24 of the said Convention
- to decide on the non-recognition of the said measure taken by the Contracting State Authority pursuant to Article 24 of the said Convention
*to declare the said measure enforceable in the State pursuant to Article 26 of the said Convention and/or that the said measure be registered for the purpose of enforcement in the State.
Dated this ...... day of .................... 20.....
Signed: .............................................................................
- (for) Applicant
To: District Court Clerk at .
*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....
*Delete where inapplicable
†repeat as necessary for each further child or person concerned
41B.18
Protection of Children (Hague Convention) Act 2000: Notice of Application to vary or revoke an order
Schedule C
O.41B.r.50
Protection of Children (Hague Convention) Act 2000
Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at the Hague on the 19th day of October 1996 (the “Convention”), Article 24 *Article 26
NOTICE OF APPLICATION TO SET ASIDE DISCHARGE ORDER
District Court Area of District No.
.............. Applicant
.................. of .......................... (in the said District Court District) Respondent*
Record number:
WHEREAS an order was made by the District Court sitting at ....... on the ...... day of .................... 20.... deciding that a measure (within the meaning of the Convention) taken by an authority in the contracting State of ................... and a copy *(and certified translation thereof) of which is annexed to this notice of application
be recognised not be recognised in the State
*declaring the said measure enforceable in the State
TAKE NOTICE that the applicant respondent of .............. will apply at the sitting of the District Court to be held at ........... on the ...... day of .................... 20.... at...... a.m./p.m. (the “return date”) to have the order SET ASIDE DISCHARGED on the following grounds—
.........
Dated this..... day of............. 20.....
Signed: ..........................................(Solicitor for)applicant/*respondent
To: District Court Clerk at...................................
To............................. applicant/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....
*Delete where inapplicable
41B.19
Protection of Children (Hague Convention) Act 2000: Certificate
Schedule C
O.41B.r.51
Protection of Children (Hague Convention) Act 2000, section 6
Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at The Hague on the 19th day of October 1996 (the “Convention”)
District Court Area of District No.
[Title of proceedings before the Court]
CERTIFICATE
I,............................... of................................, District Court Clerk assigned to the above-named District Court Area, hereby certify, as regards a measure taken by a Court in Ireland, namely the order of the District Court sitting at ......................on the ...... day of .................... 20.... in the above proceedings, in accordance with section 6 of the Protection of Children (Hague Convention) Act 2000 as follows:—
- (1) The nature of the above-named proceedings is ..........................................
- (2) The Court assumed jurisdiction under Article ...................of the Convention
- (3) The time for lodging an appeal against the measure will expire on/expired on the ...... day of .................... 20....
- (4) Notice of appeal against the measure, (Notice to set aside the measure, the measure having been given in default of appearance, has been entered by ...................................... has not been entered
- (5) The measure was was not taken in a case of urgency
- (6) The measure not being taken in a case of urgency, the Court has taken such account of the wishes of the child concerned as it thought appropriate and practicable having regard to the child’s age and understanding
*Copies of the following documents relative to these proceedings, which I have certified as true copies are appended to this certificate:
*Order of the District Court dated the ...... day of .................... 20....
*Statutory declaration of service of ............... dated the ...... day of .................... 20....
establishing that notice of the institution of the proceedings was served on the respondent
Dated this .............. the ...... day of .................... 20....
Signed:............................. District Court Clerk
*Delete where inapplicable
42.01
Appearance and defence: general
Schedule C
O.42, r. 3(1)
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
APPEARANCE
To: District Court Clerk:
The respondent intends respondents intend to defend this claim notice.
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 |
[Repeat particulars for second and any subsequent respondent]
Dated the ........ day of.................... 20....
Signed:.............. *(Solicitor for) Respondent
This appearance was filed at..........................................on the ...... day of .................... 20.... with ............................................. the District Court Clerk assigned to the above Court area and district
Note: This page only to be completed and filed with the appropriate District Court Clerk; the remainder of the document to be completed and served on the claimant or claimant’s solicitor.
*Delete where inapplicable
Schedule C
O.42, r. 3(1)
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
APPEARANCE AND DEFENCE
The respondent intends respondents intend to defend this claim notice.
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 |
[Repeat particulars for second and any subsequent respondent]
Dated the ........ day of.................... 20....
Signed:.............. *(Solicitor for) Respondent
To the (solicitor for the) claimant(s*) at the address(es) given in the claim notice
GROUNDS OF DEFENCE
[Set out in numbered paragraphs a statement of the grounds of the respondent’s defence, including all material facts on which the respondent relies, with necessary particulars of such fact.
Grounds of defence must state which of the facts stated in the claimant’s statement of claim are admitted; denied or not admitted. Where a fact stated in a statement of claim is denied, reasons must be given for denying the fact; and if the respondent intends to prove a fact different from that stated in the statement of claim, the grounds of defence must state, with necessary particulars, the fact that the respondent intends to prove.
The grounds of defence must state specifically, with particulars, any fact or matter which makes the claim of the claimant not maintainable; or if not stated specifically, might take the claimant by surprise; or raises questions of fact not arising out of the statement of claim.
Example as follows—
1. The respondent admits and does not require proof of the following allegations specified or matters pleaded in the claimant’s statement of claim:.....................
2. The respondent denies the following allegations specified or matters pleaded in the claimant’s statement of claim:....................
3. The respondent denies the allegation [x] because ..................................... and instead pleads that ......................................
4. The respondent alleges that the claimant’s claim is not maintainable in law against the respondent because.......................................
5 In the alternative, some or all of the loss suffered by the claimant was occasioned in whole or in part by the claimant’s own action because........................................ ]
LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE RESPONDENT 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 |
[If a counterclaim is made, the statement of counterclaim (in Form 42.07) should be inserted here]
Dated the ........ day of.................... 20....
Signed:.............. *(Solicitor for) Respondent
To the (solicitor for the) claimant(s*) at the address(es) given in the claim notice
*Delete where inapplicable
42.02
Notice of appearance and intention to defend a claim notice or civil summons served outside Ireland which requires and appearance
Schedule C
O.42, r. 1(4)
District Court Area of District No.
Record number:
*In the matter of ........................
Between
..............Applicant/Claimant .......................... (in the above Court *(area and) district) ......... Respondent
NOTICE OF APPEARANCE AND INTENTION TO DEFEND
To: (Solicitor for the applicant/*claimant of......................
TAKE NOTICE that the respondent intends to defend this claim notice civil summons.
Dated this... day of..... 20...
Signed:......................................*(Solicitor for the) respondent of........................................................
District Court Area of District No.
Record number:
*In the matter of .............................
Between
..............Applicant/Claimant .......................... (in the above Court *(area and) district) ......... Respondent
NOTICE OF APPEARANCE AND INTENTION TO DEFEND
To: District Court Clerk at ....................................
TAKE NOTICE that the respondent intends to defend this claim notice this civil summons which is listed for the sitting of the District Court at ............ on the ...... day of .................... 20....
Dated this ...... day of .................... 20....
Signed:.....................................*(Solicitor for the) respondent of.............................
*Delete where inapplicable
42.03
Appearance and defence: debt claim
Schedule C
O.42, r.3(1)
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
APPEARANCE
To: District Court Clerk:
The respondent intends respondents intend to defend this claim notice.
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 |
[Repeat particulars for second and any subsequent respondent]
Dated the ...... day of .................... 20....
Signed:.............. *(Solicitor for) Respondent
This appearance was filed at........................................on the ...... day of .................... 20.... with .............................. the District Court Clerk assigned to the above Court area and district
Note: This page only to be completed and filed with the appropriate District Court Clerk; the remainder of the document to be completed and served on the claimant or claimant’s solicitor.
*Delete where inapplicable
Schedule C
O.42, r. 2(1)
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
APPEARANCE AND DEFENCE
The debt claimed in the claim notice is:
*disputed as to both liability and amount;
*disputed only as to amount and the respondent admits that the amount of €............ is due to the claimant
*admitted in full and the respondent requires time for payment.
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 |
[Repeat particulars for second and any subsequent respondent]
GROUNDS OF DEFENCE
[Set out in numbered paragraphs a statement of the grounds of the respondent’s defence, including all material facts on which the respondent relies, with necessary particulars of such fact.
Grounds of defence must state which of the facts stated in the claimant’s statement of claim are admitted; denied or not admitted. Where a fact stated in a statement of claim is denied, reasons must be given for denying the fact; and if the respondent intends to prove a fact different from that stated in the statement of claim, the grounds of defence must state, with necessary particulars, the fact that the respondent intends to prove.
The grounds of defence must state specifically, with particulars, any fact or matter which makes the claim of the claimant not maintainable; or if not stated specifically, might take the claimant by surprise; or raises questions of fact not arising out of the statement of claim.
Example as follows—
1. The respondent admits and does not require proof of the following allegations specified or matters pleaded in the claimant’s statement of claim:.....................
2. The respondent denies the following allegations specified or matters pleaded in the claimant’s statement of claim:....................
3. The respondent denies the allegation [x] because ..................... and instead pleads that ...................
4. The respondent alleges that the claimant’s claim is not maintainable in law against the respondent because....................
5 In the alternative, some or all of the loss suffered by the claimant was occasioned in whole or in part by the claimant’s own action because..................]
LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE RESPONDENT 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 |
[If a counterclaim is made, the statement of counterclaim (in Form 42.08) should be inserted here]
Dated the ...... day of .................... 20....
Signed:.............. *(Solicitor for) Respondent
To the (solicitor for the) claimant(s*) at the address(es) given in the claim notice
*Delete where inapplicable
42.04
Notice of change/appointment of solicitor
Schedule C
O.42, r.6
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF APPOINTMENT CHANGE OF SOLICITOR
Take Notice that I have been appointed solicitor for the claimant respondent in the above civil proceedings.
Dated the ...... day of .................... 20....
Signed: .................................
Solicitor of.........................
To:........................................
(Solicitor for the) claimant *respondent
of:.....................................
To District Court Clerk at:...................................
*And to:........................................
Former solicitor for the claimant respondent
of:......................................................................
This notice was filed at................... on the ...... day of .................... 20.... with .............. the District Court Clerk assigned to the above Court area and district
*Delete where inapplicable
42.05
Notice of discharge of solicitor
Schedule C
O.42, r.6
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF DISCHARGE OF SOLICITOR
Take Notice that I have discharged my solicitor respondent in the above civil proceedings and will now appear in person. All pleadings, notices and other documents in the civil proceedings may be served on me at................................
Dated the ...... day of .................... 20....
Signed: ...................................
Claimant Respondent of.....................
To:......................................
(Solicitor for the) respondent *claimant
of:................................................
To District Court Clerk at:......................................
*And to:.................................................
Former solicitor for the claimant respondent
of:...........................
This notice was filed at......................................... on the ...... day of .................... 20.... with ................................... the District Court Clerk assigned to the above Court area and district
*Delete where inapplicable
42.06
Notice requiring copy documents
Schedule C
O.42, rr.8, 9
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE REQUIRING COPY DOCUMENTS
TAKE NOTICE that the respondent claimant requires copies of the following documents scheduled in referred to in the claim notice defence, namely
Dated the ...... day of .................... 20....
Signed: .........................................................
(Solicitor for the) respondent *claimant
of:....................................
To:.............................................................
(Solicitor for the) claimant *respondent
of:....................................
*Delete where inapplicable
42.07
Notice requiring further particulars
Schedule C
O.42, rr.8, 9
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE REQUIRING FURTHER PARTICULARS
Take notice that the respondent claimant requires further necessary particulars regarding the following matters referred to in the claim notice defence, namely............................
Dated the ...... day of .................... 20....
Signed: ...........................
(Solicitor for the) respondent *claimant
of:................................
To:...............................................
(Solicitor for the) claimant *respondent
of:....................................................
*Delete where inapplicable
42.08
Statement of counterclaim
Schedule C
O.42, r.14
[to be inserted where indicated in the appearance and defence in Form 42.01 or 42.03]
NOTICE OF COUNTERCLAIM
TAKE NOTICE that the respondent counterclaims against the claimant as follows:—
STATEMENT OF COUNTERCLAIM
[Set out in numbered paragraphs a statement of all material facts on which the respondent/counterclaimant relies, including necessary particulars of such fact, which must include the place where and the date when the counterclaim 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 Form 40.01.]
LIST OF CORRESPONDENCE AND OTHER DOCUMENTS ON WHICH THE RESPONDENT WILL RELY AT TRIAL AS COUNTERCLAIMANT
| 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 respondent or respondent’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 to this counterclaim with the District Court Clerk at the address below.
- (B) IF YOU PAY THE AMOUNT of €........... and costs of €......... to the respondent or respondent’s solicitor within ten days and without serving an appearance and defence and filing an appearance 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 counterclaim and the respondent may apply to the District Court for judgment and proceed to execution.
[Conclude as in Form 42.01]
42A.01
Third party notice (indemnity or contribution)
Schedule C
O.42A, r.1
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
..............Third Party
To: ......................of.....................(in the above Court (area and) district), third party
TAKE NOTICE that these proceedings have been brought by the claimant against the respondent. The claimant claims against the respondent †.......................... as appears on the (claim notice) (notice of application) a copy of which is delivered with this third party notice.
The respondent claims against you to be indemnified against the claimant’s claim and the costs of these proceedings or contribution to the extent of the claimant’s claim (or) the following relief or remedy, namely, .......................................................
on the grounds that†† ......................................................................
- (A) IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then you must give, or send by post, to the respondent or respondent’s solicitor at the address for service mentioned above an appearance and defence in Form 42.01 42.03, 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 respondent or respondent’s solicitor within ten days and without serving an appearance and defence and filing an appearance 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 respondent may apply to the District Court for judgment and proceed to execution.
Dated the ...... day of .................... 20....
Signed: ...............................................
*(Solicitor for the) respondent
of:............................................................
To:..........................................................
*(Solicitor for the) third party
of:....................................................
†State briefly nature of claim
††State briefly grounds of claim
*Delete where inapplicable
42A.02
Third party notice (issue)
Schedule C
O.42A, r.1
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
..............Third Party
To: ....................... of .......................... (in the above Court (area and) district), third party
TAKE NOTICE that these proceedings have been brought by the claimant against the respondent. The claimant claims against the respondent †............................................ as appears on the (claim notice) (notice of application) a copy of which is delivered with this third party notice.
The respondent claims that the following question or issue †† ...................................... should be determined not only as between the claimant and the respondent but also as between the claimant and the respondent and you.
- (A) IF YOU DISPUTE THE CLAIM and wish to defend the proceedings, then you must give, or send by post, to the respondent or respondent’s solicitor at the address for service mentioned above an appearance and defence in Form 42.01 42.03, 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 respondent or respondent’s solicitor within ten days and without filing and serving an appearance and defence you may avoid further costs.
- *(C) IF YOU ADMIT THE CLAIM and desire time for payment, you should call to the office of the respondent’s solicitor within 10 days after the service on you of this notice and sign a consent.
IF YOU DO NOT ACT IN ACCORDANCE WITH (A), (B) OR (C) ABOVE you will be held to have admitted the claim and the respondent may, without further notice to you, apply to the District Court for judgment and proceed to execution.
Dated ................. 20.........
Signed: ...............................................
*(Solicitor for the) respondent
of:.................................
To:.............................................
*(Solicitor for the) third party
of:.................................................
†State briefly nature of claim
††State briefly question or issue to be determined
*Delete if inapplicable
42A.03
Notice of indemnity, contribution or issue against a party
Schedule C
O.42A, r.11
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
..............*Third party
To: .............. of .............. (in the above Court (area and) district), the (first-named respondent) (third party) (or as the case requires*).
TAKE NOTICE that these proceedings have been brought by the claimant(s) against the respondent(s). The claimant claims against the respondent(s) .............................as appears on the (claim notice) (notice of application).
The (second-named) respondent (while denying liability to the claimant) claims against you:
*to be indemnified against the claimant’s claim and the costs of these proceedings or contribution to the extent of the claimant’s claim pursuant to the Civil Liability Act 1961 , section 27
*the following relief or remedy, namely,...........................
*that the following question or issue†............................... should be determined not only as between the claimant and the respondent but also as between the claimant and the respondent and you
on the grounds that†.........................................................[e.g. the loss and damage alleged to have been suffered by the claimant in these civil proceedings arose solely or alternatively were contributed to by reason of negligence and/or breach of duty (including statutory duty) on the part of the (first-named respondent) (third party) (or as the case requires)*]
Dated ....................... 20........
Signed: ...................................
(Solicitor for the) (second-named respondent) (or as the case requires*) of:.....................
To:..........................(Solicitor for the) (first-named respondent) (third party) (or as the case requires*) of:.............................
*Delete where inapplicable
†State briefly grounds of claim
43.01
Authorisation by next friend or guardian ad litem of a minor
Schedule C
O.43, r.8
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
WHEREAS the claimant respondent in the above civil proceedings before this Court is a child, having been born on the ..... day of .................19/20.........
(AND WHEREAS I,......................... of........................am the (state capacity, e.g. parent, legal guardian, etc of the child*)
AND I believe that I am a fit and proper person to act as
*(next friend in the proceedings)
(guardian ad litem* in the proceedings)
on behalf of the child and I have no interest in the matters in question in these proceedings adverse to that of the child
I hereby consent to act as next friend guardian ad litem, and authorise the use of my name in the above civil named proceedings as the next friend guardian ad litem of the child.
Dated this the ...... day of .................... 20....
Signed:............................................
To: District Court Clerk at.................................
43.02
Notice of motion for direction under Civil Liability Act 1961 , section 63(1)
Schedule C
O.43, r. 11
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF MOTION
WHEREAS in the above civil proceedings for a wrong, now before the Court, the claimant is a minor, having been born on the .........day of ............. 19/20........
AND WHEREAS the sum of €............. has been lodged in court by the respondent
TAKE NOTICE that an application will be made at the sitting of the District Court to be held at......... on the ...... day of .................... 20...., at ...............a.m./p.m. for a direction under section 63 (1) of the Civil Liability Act 1961 as to whether that sum of money should be accepted or the civil proceedings should go to trial.
Dated this ...... day of .................... 20....
Signed:.............................................
Solicitor/Next friend for claimant
To...........................................
of................................................
*(Solicitor for the) respondent
And to District Court Clerk at ........................................................
This notice of motion was filed at.............................................................................on the ...... day of .................... 20.... with ..........................the District Court Clerk assigned to the above Court area and district and issued returnable to the return date given above.
*Delete where inapplicable
43.03
Notice of motion for an interim payment from money secured or invested for the benefit of a child
Schedule C
O.43, r. 13
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
.......................................of........................................................ Applicant
applying on behalf of.........................the claimant, a child, of.........................
I, the applicant, am the next friend guardian ad litem of the above-named child who was born on the ...........day of ....................19/20....,
AND WHEREAS in proceedings before this Court an order was made on the ...... day of .................... 20.... directing that the sum of €.........., to which the child was declared entitled in the proceedings, be *secured/invested in ...................for the benefit of the child
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 interim payment out to me for the benefit of the said child of the sum of €.............. from that sum. The payment sought is to meet the following requirement(s):—
Dated this ...... day of .................... 20....
Signed:................................
Applicant
To the District Court Clerk,
District Court Office,
...............................................
FOR OFFICE USE
Principal €............
Interest earned €.............
Amount on deposit €.............
Payments out to date:
*Delete where inapplicable
43.04
Notice of application for payment out of Court of money secured or invested for the benefit of a child
Schedule C
O.43, r. 15
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
I, the applicant, was the child claimant respondent in the above civil proceedings which were heard and decided by this Court on the ...... day of .................... 20...., and in which civil proceedings the Court ordered:
That the sum of €............ to which I was declared entitled, be invested for my benefit until I attained full age, and
*That I may apply for payment out by request in writing to the Clerk and by producing to the Clerk my birth certificate and a form of identifying document including a photograph sufficient to identify me as the person entitled to payment, and filing with the Clerk a certified copy of my birth certificate.
I was born on the ........day of ..........19/20..... and I attained full age on the ...... day of .................... 20....
A certified copy of my birth certificate is attached, and I have produced to you my birth certificate and a form of identifying document including a photograph of me.
AND I apply for an authorisation for the payment out of Court to me of the sum to which I was declared entitled (or the balance thereof) with any interest or investment gain which has accrued thereon.
Dated this ...... day of .................... 20....
Signed:................................
Applicant
To the District Court Clerk,
District Court Office,
...............................................
*Deleted where inapplicable
FOR OFFICE USE
Principal €............
Interest earned €.............
Amount on deposit €.............
Payments out to date:
*Authorised on ........... by ................................ District Court Clerk assigned to the above Court area
*Referred to the sitting of the District Court at.................. on the ...... day of .................... 20.... at ....................a.m./p.m.
*Delete where inapplicable
44.01
Notice of motion: general
Schedule C
O.44, r. 4
NOTICE OF MOTION
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
TAKE NOTICE that Claimant/Respondent in the above proceedings will apply to the District Court sitting at................................ on the ...... day of .................... 20.... at ........a.m./p.m. (the “return date”) for the following order(s)/direction(s)/*pre-trial relief:
A. [Insert details of orders, etc sought. See end of this form for examples]
B. The grounds for the application are as follows: ..............
...............................[set out in summary the grounds of the application].
C. Particular legal provisions relied on in the application ..............
........................[identify any particular legal provisions relied on in the application].
LIST OF CORRESPONDENCE BETWEEN THE PARTIES RELEVANT TO THE SUBJECT MATTER OF THE MOTION, COPIES OF WHICH ARE ATTACHED
| Document | Date | Description | |
| 1 | e.g. letter | 1 September 2013 | Letter from the claimant to the respondent |
| 2 | e.g. letter | 10 September 2013 | Letter from the respondent to the claimant |
| Etc |
*This application will be supported by the affidavit of ............... sworn on the ...... day of .................... 20....
Signed:...........................................
*(Solicitor for) moving party
To.........................................................
of..................................
(Solicitor for the) respondent *claimant
And to District Court Clerk at ..............................
This notice of motion was filed at......... on the ...... day of .................... 20.... with ...................................................... the District Court Clerk assigned to the above Court area and district and issued returnable to the return date given above.
*Delete where inapplicable
GUIDANCE NOTE: SAMPLE PARTICULARS OF ORDERS, ETC WHICH MAY BE INCLUDED IN A NOTICE OF MOTION (FORM 44.01)
Note: The particulars given by the moving party (claimant or respondent) should be sufficient to allow any respondent and the Court to understand the nature and statutory basis of the application and should identify the grounds and the legal provisions on which the moving party will rely. The following are examples only.
Order to set aside or vary a default judgment (decree) obtained by fraud, misrepresentation, surprise, mistake, etc
An order under Order 47, rule 7 of the District Court Rules on behalf of the respondent to set aside/vary the judgment obtained herein, *(and the respondent having lodged with the Clerk the sum of €......, this notice is to operate as a stay of proceedings pending the hearing of the said application).
Order to make discovery
An order under Order 45B, rule 3 of the District Court Rules directing the claimant/respondent to make discovery on oath of the following categories of documents which are or have been in his or her possession or power of procurement relating to matters in the above-entitled proceedings, as set out in the written request by the applicant dated the ...... day of .................... 20.... a copy of which is attached to this notice of motion, (the claimant/respondent having failed to respond to such request) (the claimant/respondent having refused such request by letter dated the ...... day of .................... 20...., a copy of which is also attached to this notice).
Order to produce documents
An order under Order 45B, rule 6 of the District Court Rules ordering the claimant/respondent to produce on oath to the respondent/claimant the following documents in the possession or power of procurement of said party (and a copy of the written request by the applicant for same dated the ...... day of .................... 20.... is attached to this notice (the claimant/respondent having failed to respond to such request) (the claimant/*respondent having refused such request by letter dated the ...... day of .................... 20...., a copy of which is also attached to this notice)).
Order on failure to make discovery
An order under Order 45B, rule 7 of the District Court Rules
*dismissing the claimant’s action for want of prosecution for failing to make discovery in terms of the order made by the District Court sitting at ..........................on the ...... day of .................... 20....
*striking out ordering the respondent’s notice of intention to defend for failing to make discovery in terms of the order made by the District Court sitting at ........................... on the ...... day of .................... 20....
for the attachment of the claimant/*respondent for failing to make discovery in terms of the order made by the District Court sitting at .................................on the ...... day of .................... 20....
Order to send action forward to the Circuit Court or to the High Court
An order to send these civil proceedings, currently pending before the Court forward to the Circuit Court High Court pursuant to section 22 (8)(b) of the Courts (Supplemental Provisions) Act 1961 (inserted by section 21 of the Courts Act 1971 ).
Order for permission to issue execution
An order under Order 51, rule 4 of the District Court Rules for permission to issue execution on foot of a judgment (decree/dismiss) obtained by the above (claimant)(respondent) at the District Court held at................................ on the ...... day of .................... 20.... against the (respondent)(claimant) for the sum of €............ and also the sum of €........... for costs (and value-added tax), the sum of €............. being still due and owing to the (claimant)(respondent) on foot of the judgment (decree/dismiss).
44.02
Notice of motion to vary or discharge an order
Schedule C
O.40C, r. 8, O.44, r. 10
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 MOTION TO VARY DISCHARGE AN ORDER
WHEREAS on application made by the above-named applicant to the District Court sitting at.............on the ...... day of .................... 20...., the Court ordered (the “original order”):
[set out particulars of the original order]
TAKE NOTICE that the above-named applicant claimant *respondent will apply to the District Court sitting at................on the ...... day of .................... 20.... at ........a.m./p.m. (the “return date”) for:
A. Orders sought
an order varying the original order so that it instead provides that [specify the variation sought*]
*an order discharging the original order
B. The grounds for the application are as follows:..............
.........................[set out in summary the grounds of the application].
C. Particular legal provisions relied on in the application..............
...............................[identify any particular legal provisions relied on in the application].
LIST OF ANY DOCUMENTS ON WHICH THE MOVING PARTY WILL RELY AND COPIES OF WHICH ARE ATTACHED
| Document | Date | Description | |
| 1 | e.g. letter | 15 September 2013 | Letter from the claimant to the respondent |
| 2 | e.g. letter | 21 September 2013 | Letter from the respondent to the claimant |
| Etc |
Signed................................................
(Solicitor for the) claimant/respondent/moving party
To: District Court Clerk at ....................
†And:.................. (Solicitor for the) respondent/*claimant
of............................
This notice of motion has been filed with the District Court Clerk at......................................and issued on the ...... day of .................... 20....
- Delete where inapplicable
45.01
Notice of lodgment
Schedule C
O.45, r.2
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF LODGMENT
TAKE NOTICE that I...................................... the above respondent hereby lodge the sum of €................. (the additional sum of €.............. in addition to the sum of €................. already lodged, making a total of €............ in all) which I consider is sufficient to satisfy the claimants claim in the above-mentioned proceedings and liability is admitted *denied.
A copy of this notice has been sent to the *(solicitor for the) claimant.
Dated the ...... day of .................... 20....
Signed: ................................
*(Solicitor for the) respondent
of:.....................................................
To: District Court Clerk at ...........................
To be kept in a separate file
To:......................................................
*(Solicitor for the) claimant
of:...................................
*Delete where inapplicable
45.02
Notice of acceptance of lodgment
Schedule C
O.45, r.3
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF ACCEPTANCE OF LODGMENT
TAKE NOTICE that I...................................... the above claimant hereby accept the *(total) sum of €............... lodged by you in satisfaction of the claim in respect of which it is lodged.
Dated the ...... day of .................... 20....
Signed: ................
*(Solicitor for the) claimant
of:.............................................
To: District Court Clerk at .......................................................................
To:.......................................................
*(Solicitor for the) respondent
of:.....................................................................
*Delete where inapplicable
45.03
Notice of tender offer
Schedule C
O.45, r.9
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF TENDER OFFER
TAKE NOTICE that.................................................................. (on behalf of) the above respondent hereby makes the following offer of tender of payment of the sum of €.......... (the additional sum of €................... in addition to the sum of €................... already offered, making a total of €............ in all) which I consider is sufficient to satisfy the claimants claim in the above-mentioned proceedings and liability is admitted denied.
This tender is made on behalf of (insert name of party or qualified party or name of the indemnifier of the respondent, as the case may be).
A copy of this notice has been sent to the *(solicitor for the) claimant.
Dated the ...... day of .................... 20....
Signed: ...................................................
(Solicitor for the) respondent *qualified party
of:......................................................................
To: District Court Clerk at ....................................................................
To be kept in a separate file
To:......................................................
*(Solicitor for the) claimant
of:...............................................................
*Delete where inapplicable
45.04
Notice of acceptance of tender offer
Schedule C
O.45, r.9
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF ACCEPTANCE OF TENDER OFFER
Take notice that I....................................................................... the above claimant hereby accept the *(total) sum of €.............. tendered by you in satisfaction of the claim in respect of which it is tendered.
Dated the ...... day of .................... 20....
Signed: ...............................................................
*(Solicitor for the) claimant
of:.................................................
To: District Court Clerk at ...........................................................................
To:.................................................
*(Solicitor for the) respondent
of:...............................................
*Delete where inapplicable
45B.01
Affidavit as to documents
Schedule C
O.45B, r. 5
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
AFFIDAVIT AS TO DOCUMENTS
I, ...................................of ........................................................, the (claimant, respondent or state other capacity) in the above-entitled civil proceedings, aged 18 years and upwards MAKE OATH and say as follows:
I have in my possession or power of procurement the documents relating to the matters in question in these civil proceedings and falling within the relevant categories of documents specified (in the letter requesting discovery dated...... 20..) (*in the order of the Court made on.......... 20..) set forth in the first and second parts of the first schedule hereto.
I object to produce the documents set forth in the second part of the said first schedule.
That [here state upon what grounds the objection is made, e.g. privilege, and verify the facts relied on].
I have had, but have not now, in my possession or power of procurement the documents relating to the matters in question in these civil proceedings set forth in the second schedule.
The last mentioned documents were last in my possession or power of procurement on [state when].
[State what has become of the last-mentioned documents, and in whose possession they now are].
According to the best of my knowledge, information, and belief, I have not now, and never had in my possession or power of procurement or in the possession, custody or power of my solicitor or agent, or in the possession, custody or power of any other person on my behalf, any document of any kind, or any copy of or extract from any such document, relating to the matters in question in these civil proceedings, or any of them, or wherein any entry has been made relative to such matters, or any of them, and falling within the relevant categories of documents specified (in the letter requesting discovery dated........ 20..) (in the order of the Court made on........ 20....) other than and except the documents set forth in the first and second schedules.
I understand that the obligation on a party giving discovery is to discover all documents within his/her/its possession or power of procurement within the categories agreed or ordered to be delivered that contain information which may enable the party receiving the discovery to advance its own case or to damage the case of the party giving discovery or which may fairly lead to a train of inquiry which may have either of those consequences.
First Schedule
..................................................
Second Schedule
..................................................
[Note—
- (i) Documents of the same or a similar nature, when numerous, must so far as possible, be grouped together and numbered or otherwise sufficiently marked so as to be identifiable.
- (ii) Parties providing discovery must list documents, and must provide documents for inspection, in a manner corresponding with the categories in the agreement or order for discovery, or in a sequence corresponding with the manner in which the documents have been stored or kept in the usual course of business by the party making discovery.]
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 Commissioner for Oaths/ Practising Solicitor
This affidavit is filed with the District Court Clerk at ............. on the ...... day of .................... 20.... by ...............on behalf of the...................................... in the above proceedings.
*Delete where inapplicable
†Where relevant, select appropriate option and delete others.
45D.01
Notice to admit documents
Schedule C
O.45D, r.1
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE TO ADMIT DOCUMENTS
TAKE NOTICE that the (claimant) (respondent) in these civil proceedings proposes to adduce in evidence the documents specified below, and these documents may be inspected by the (respondent) (claimant) or his her solicitor or agent at ........... on the ...... day of .................... 20..., between the hours required,
And take notice that the (claimant) (respondent) requires the (respondent) (claimant) to admit, for the purposes of these civil proceedings only, within four days after the date mentioned above that such of the documents as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been, that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered, were so served, sent, or delivered respectively, saving all just exceptions to the admissibility of such documents as evidence in these civil proceedings.
Documents—
............................................................................................................
Dated the ...... day of .................... 20...
Signed: .........................................................................
(Solicitor for the) claimant *respondent
of: .........................................................................
To: .........................................................................
(Solicitor for the) respondent *claimant
of: .........................................................................
*Delete where inapplicable
45D.02
Notice of admission of documents
Schedule C
O.45D, r.1
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF ADMISSION OF DOCUMENTS
Take notice that the (respondent) (claimant), hereby admits, for the purposes of these civil proceedings only, the documents specified below, subject to the qualifications or limitations, if any, specified, saving all just exceptions to the admissibility of such documents as evidence in these civil proceedings.
This admission is made for the purpose of these civil proceedings only and is not an admission to be used against the (respondent) (claimant) on any other occasion, or by anyone other than the (claimant) (respondent) *(party requiring the admission).
Documents—
............................................................................................................
Dated the ...... day of .................... 20...
Signed: .........................................................................
(Solicitor for the) respondent *claimant
of: .........................................................................
To: .........................................................................
(Solicitor for the) claimant *respondent
of: .........................................................................
*Delete where inapplicable
45D.03
Notice to admit facts
Schedule C
O.45D, r.2
District Court Area of District No.
Record number:
Between
.............. Claimant
.............. Respondent
NOTICE TO ADMIT FACTS
Take notice that the (claimant) (respondent) in these civil proceedings requires the (respondent) (claimant) to admit, for the purposes of these civil proceedings only, the facts specified below; and the (respondent) (claimant) is hereby required, within seven days from the service of this notice to admit the said facts saving all just exceptions to the admissibility of such facts as evidence in these civil proceedings.
Facts—
............................................................................................................
Dated the ...... day of .................... 20...
Signed: .........................................................................
(Solicitor for the) claimant *respondent
of: .........................................................................
To: .........................................................................
(Solicitor for the) respondent *claimant
of: .........................................................................
*Delete where inapplicable
45D.04
Notice of admission of facts
Schedule C
O.45D, r.2
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
NOTICE OF ADMISSION OF FACTS
Take notice that the (respondent) (claimant), hereby admits, for the purposes of these civil proceedings only, the facts specified below, subject to the qualifications or limitations, if any, specified, saving all just exceptions to the admissibility of such facts as evidence in these civil proceedings.
This admission is made for the purpose of these civil proceedings only and is not an admission to be used against the (respondent) (claimant) on any other occasion, or by any one other than the (claimant) (respondent) *(party requiring the admission).
Facts—
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