Circuit Court Rules (No. 1) of 1991.

 
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S.I. No. 159 of 1991.

CIRCUIT COURT RULES (No. 1) OF 1991.

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 (Supplementary 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 15th day of April, 1991.

PETER O'MALLEY,

(Chairman of the Circuit Court Rules Committee)

FRANK SPAIN

MICHAEL A. MORIARTY

G. C. CLARKE

GORDON HOLMES

JOHN McMENAMIN

KEVIN FEENEY

MICHAEL T. NEARY,

(Secretary)

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

Dated this 21st day of June, 1991.

RAY BURKE,

Minister for Justice.

S.I. No. 159 of 1991

CIRCUIT COURT RULES (No. 1) OF 1991.

1. These Rules may be cited as the Circuit Court Rules (No. 1), 1991 and shall come into operation on the 1st day of August, 1991.

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 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).

Saver of existing and past applications.

2. All applications made or proceedings taken before these Rules shall have come into opertion but which are in accordance with the 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 county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

Form of Application.

4. All proceedings under this Order shall be instituted by the issue out of the office of an originating Application. All Applications shall contain an Endorsement of Claim and numbered paragraphs setting out the matters relied upon by the Applicant and specifying the relief sought and shall be in accordance with the form set out at Appendix 1 hereto.

5. An application shall be dated and bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by his Solicitor, if any, or if the party has no solicitor, by himself.

Procedure on Application on Circuits other than Dublin.

6. This Rule shall not apply to Dublin. Every Application shall be returned which shall be the date of commencement of the next sittings of the Circuit Court for the county in question and shall be served so as to give the Respondent at least 10 clear days notice of the Application before the return date.

Procedure for Application on Dublin Circuit.

7. This Rule shall apply only to the Dublin Circuit. Every Application shall state the date upon which the Application shall be returned, and shall be served so as to give the Respondent at least 10 days notice of the Application before the return date.

Filing and entry.

8. On the issuing of an Application a copy thereof shall be filed and the County Registrar shall thereupon enter same.

Service.

9. All Applications shall be served by sending a copy of same by pre-paid ordinary post addressed to the Respondent at his last known place of residence, or alternatively, may be served personally on the Respondent by any person over the age of 18 years. Service by post shall be deemed to have been effected on the second day following the day of posting. An Affidavit of Service of every Application shall be sworn and shall be filed before the return date.

Appearance.

10. If the Respondent intends to contest an Application he shall enter an Appearance in the Office within 10 days of service on him of the...

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