S.I. No. 448/2026 - Circuit Court Rules (Civil Law (Presumption of Death) Act 2019) 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st September, 2026.

We, the Circuit Court Rules Committee, by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 , section 70 of the Courts of Justice Act 1936 (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ), and section 27 of the Courts (Supplemental Provisions) Act 1961 , with the concurrence of the Minister for Justice, Home Affairs and Migration, make the following Rules of Court.

Dated this 11th day of December 2025.

I concur in the making of the above Rules of Court.

Dated this 20^th day of August 2026.

Signed:

JIM O’CALLAGHAN,

Minister for Justice, Home Affairs and Migration.

1.

• (2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2026.

• (3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2026.

2.

3.

Schedule

“Order 74

Presumption of Death

1. (1) Proceedings in the Court by any one or more persons mentioned in section 4 of the Civil Law (Presumption of Death) Act 2019 (in this Order, the “2019 Act”) seeking:

2. (a) a presumption of death order in respect of a missing person in accordance with section 5 of the 2019 Act, and

3. (b) where relevant, a direction under section 7(1) of the 2019 Act,

shall be commenced by originating notice of motion.

• (2) The originating notice of motion shall be issued out of the Office for the County:

  • (a) in which the missing person ordinarily resided or carried on any business, profession or occupation before he or she went missing, or

  • (b) in which the applicant (or any one of them) ordinarily resides or carries on any profession, business or occupation,

  and the proceedings shall be heard and determined in that County.

• (3) There shall be appended to the originating notice of motion a statement of the required particulars specified in Part 5B of the First Schedule to the Civil Registration Act 2004 , of the missing person, so far as known to the applicant.

• (1) The application shall be grounded on an affidavit which shall:

  • (a) satisfy the requirements of section 5(2) of the 2019 Act;

  • (b) verify the statement of particulars appended to the originating notice of motion;

  • (c) for the purposes of enabling the Court to perform its obligation under section 9(1) of the 2019 Act, set out the inquiries made to identify the other persons who might be affected by the making of the order sought and provide evidence of the steps taken to serve notice of the application on each such person;

  • (d) set out and verify any other facts relevant to any matter required to be taken into account by the Court under section 5(4) of the 2019 Act, and

  • (e) acknowledge the obligation of the applicant, as soon as may be in the event that an order is granted and unless the Court otherwise directs, to effect a policy of insurance in respect of any claim which may arise by virtue of an order under section 8 of the 2019 Act and, where a direction is sought under section 7(1) of the 2019 Act, verify any facts relied on in support of the application for such direction.

• (2) An affidavit confirming any service of copies of the notice of motion, grounding affidavit and any exhibits shall be filed prior to the date on which the motion is first listed for hearing.

• (3) Every person served with notice of the application shall be at liberty to file and serve an affidavit, whether supporting or opposing the relief sought, but shall not be obliged to do so.

• Any direction of the Court in accordance with section 7(1) of the 2019 Act dispensing with the requirement that the applicant effect a policy of insurance in respect of any claim which may arise by virtue of an order under section 8 of the 2019 Act shall be expressly set out in the Court’s order.

• The Court may direct service of notice of an application for a presumption of death order on any other person.

• Where the Court makes or corrects a presumption of death order in respect of a missing person in accordance with section 5 of the 2019 Act:

  • (a) the proper officer shall append to the perfected order the statement of required particulars appended to the originating notice of motion including, where relevant, any amendments directed or permitted by the Court, and

  • (b) the proper officer shall deliver a copy of the Court’s order, together with the appended statement of particulars, to an tArd-Chláraitheoir in accordance with section 44H of the Civil Registration Act 2004 .”

EXPLANATORY NOTE

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

These rules insert a new Order 74 into the Rules of the Circuit Court to facilitate the operation of the Civil Law (Presumption of Death) Act 2019 which provides for the civil status of a missing person where the circumstances of his or her absence might lead to a presumption of death.