Circuit Court Rules (No. 1) of 1994.

 
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S.I. No. 225 of 1994.

CIRCUIT COURT RULES (NO. 1) OF 1994.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and 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 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 31st day of January, 1994.

(Signed): Frank Spain.

(Chairman of the Circuit Court Rules Committee).

Michael A. Moriarty,

Kieran O'Connor,

Anne Dunne,

Fergal Foley,

Gerard J. Doherty,

Joe Deane,

Michael Quinlan (Secretary).

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

Dated this 2nd day of June, 1994.

Signed: MÁIRE GEOGHEGAN-QUINN,

Minister for Justice.

CIRCUIT COURT RULES (NO. 1) 1994.

1. These Rules may be cited as the Circuit Court Rules (No. 1), 1994 and shall come into operation on the 22nd day of August, 1994.

2. The Order referred to in these Rules shall be added to and construed together with those orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 78. JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 .

1. In this Order "the Act" means the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989). These Rules shall be substituted for the Rules contained in Circuit Court Rules (No. 1) of 1991 ( S.I. No. 159 of 1991 ) which are hereby revoked, subject only to the provisions contained in rule 2 hereof.

Transitional.

2. All applications made or proceedings taken before these Rules shall have come into operation but which are in accordance with the then existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

Venue.

3. An application under this Order shall be brought in the venue. county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

Commencement of Proceedings.

4. All proceedings under this Order shall be instituted by the issue out of the office of the County Registrar for the county in question of an Application in the format and manner hereinafter provided. Upon issue, the Application shall be served in a manner provided for hereunder.

Form of Proceedings.

5. Every such Application shall be in numbered paragraphs setting out the relief sought and the grounds relied upon in support of the application. The Application shall be in accordance with the form set out in Appendix Number 1 herein or such modification thereof as may be appropriate and must, in all cases, include the following details:

(i) the date and place of marriage of the parties;

(ii) the names and ages and dates of birth of any dependent children of the marriage;

(iii) the family home and/or other residence of the parties including, if relevant, details of former family homes/residences to include details of the manner of occupation/ ownership thereof;

(iv) the basis of jurisdiction under the Act;

(v) the occupation(s) of each party;

(vi) the grounds relied upon for each and every relief sought;

(vii) each section of the Act under which relief is sought.

6. The Application shall be dated and shall bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by the party's Solicitor, if any, or, where the Applicant does not have a Solicitor, by that party personally.

Filing and Entry.

7. On the issuing of an Application the original thereof shall be filed, together with the appropriate certificate (pursuant to section 5 of the Act), and the County Registrar shall thereupon enter same. The County Registrar shall, at the time of issuing, indicate thereon the date on which the Application is to come before the Court as hereinafter outlined.

Service.

8. All Applications shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years. An Affidavit of Service of every Application shall be filed before the return date, failing which the Court may dismiss or adjourn or otherwise deal with the Application as to it seems proper. All other pleadings may be served by ordinary pre-paid post.

Procedure on Dublin Circuit.

9. This Rule shall apply only to the Dublin Circuit. Every Application shall state the date upon which it shall be returned before the Court for the purposes of fixing a date for the hearing thereof. The Application shall be served on the Respondent not later than 10 clear days in in advance of the return date for the fixing of a date for hearing.

Procedure on Circuits other than the Dublin Circuit.

10. This Rule shall not apply to the Dublin Circuit. Every Application shall be returned to such date at the next sitting of the Court for the County in question for the hearing of family law matters as provided for in the Act and as shall be indicated by the County Registrar at the time of issuing of the Application. The Application may be heard on that date in default of an Appearance or Answer or on such other date as the Court may fix.

Appearance.

11. If a Respondent intends to contest the Application, or any part thereof, under the Act, he shall enter an Appearance in the Office within 14 days of the service upon him of the Application and shall serve a copy of the Appearance on the Applicant's Solicitors or, where appropriate, on the Applicant. The Appearance shall bear an address for service of any interlocutory applications and shall be signed by the Respondent's Solicitor or, if the Respondent does not have a Solicitor, by the Respondent personally.

Answer.

12. (a) A Respondent shall at the same time as entering an Appearance, or within 14 clear days from the date of service of the Appearance, or such further time as may be agreed between the parties or allowed by the Court, serve an Answer, together with the appropriate certificate (pursuant to section 6 of the Act), on the Applicant, or the Applicant's Solicitor, if any, and on the County Registrar in the form set out in Appendix Number 2 herein or such modification thereof as may be appropriate.

(b) If a party fails to serve such Answer within the specified time or such further time as may be agreed between the parties or allowed by the Court, such party shall not be entitled to defend the application save as permitted by the Court upon such terms as the Court may determine are appropriate.

Affidavit of Means.

13. Without prejudice to the right of each party to make application to the Court for an Order of Discovery pursuant to the Rules of this Honourable Court, in any case where financial relief under the Act is sought ancillary to the decree of Judicial Separation, the parties are to exchange an Affidavit of Means with the other in respect of which the following rules shall be applicable—

(a) the Affidavit shall be filed in the Circuit Court Office and served on the other party within 14 clear days of the service of the Respondent's Answer;

(b) either party may request the other party to vouch any or all items referred to therein within 14 days of the request;

(c) in the event of a party failing to exchange an Affidavit of Means or to properly vouch the matters set out therein the Court shall on application grant an Order for Discovery.

14. The Affidavit of Means shall set out in schedule form details of the party's income, assets, debts and other liabilities wherever situated and from whatever source and shall be in accordance with the form set out in Appendix Number 3 herein or such modification thereof as may be appropriate. If a party fails to serve such Affidavit within the specified time or such further time as may be agreed between the parties or allowed by the Court such party shall not be entitled to pursue or defend as appropriate such claim for any ancillary relief under the Act save as permitted by the Court upon such terms as the Court may determine are appropriate.

Counterclaim.

15. A Counterclaim, if any, brought by a Respondent shall be served in the same manner and subject to the same time limits as are provided for the service of an Answer, in accordance with the provisions of these Rules, and shall

(i) outline the basis for a decree of judicial separation, if sought;

(ii) specify any additional grounds upon which the Respondent intends to rely in support of any ancillary reliefs claimed;

and

(iii) set out in numbered paragraphs the reliefs sought pursuant to the Act and shall be in the form set out in Appendix Number 2 herein or such modification thereof as may be appropriate.

Evidence.

16. Save where the Court otherwise directs, every application under this Order shall be heard on oral evidence.

Interim and Interlocutory Applications.

17. An application for Preliminary Orders under the Act or any other interlocutory relief shall be by Notice of Motion. In any case where the Court is satisfied that the delay caused by proceeding by Motion on Notice under this Order would or might entail serious harm or mischief, the Court may make an Order ex parte as it shall consider just. Urgent applications under this Rule may be made to a Judge at any time or place approved by him, by arrangement with the County Registrar for the County in question.

18. If on the date for hearing of any Application under this Order the matter is not dealt with by the Court for any reason, and, in particular, on foot of an adjournment sought by either party, the other party, whether consenting...

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