Circuit Court Rules (No. 6) 1982.

• Statutory Instrument No.: 158/1982

S.I. No. 158 of 1982.

CIRCUIT COURT RULES (No. 6) 1982.

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 the 10th day of May, 1982.

THOMAS J.NEYLON, FRANK MARTIN, HUGH GEOGHEGAN, ERNEST J. MARGETSON, MICHAEL T. NEARY, Secretary.

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

Dated the 27th day of May, 1982.

SEÁN DOHERTY

Minister for Justice

S.I. No. 158 of 1982.

CIRCUIT COURT RULES (No. 6) 1982 1. These Rules which may be cited as The Circuit Court Rules (No. 6) 1982, shall come into operation on the 28th day of May 1982. 2. The Orders 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 68

MARRIED WOMEN'S STATUS ACT, 1957 , SECTION 12.

GUARDIANSHIP OF INFANTS ACT, 1964 .

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 .

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

Definition

1. In this Order—

"The Married Women's Status Act", means The Married Women's Status Act, 1957 (No. 5 of 1957) as amended by section 3 of the Courts Act, 1981 , and as extended by section 5 of the Family Law Act, 1981 ;

"The Guardianship Act" means The Guardianship of Infants Act, 1964 (No. 7 of 1964) as amended by the Courts Act, 1981 ;

"The Maintenance Act" means The Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976 ) as amended by section 12 of The Courts Act, 1981 ;

"The Affiliation Act" means the Illegitimate Children (Affiliation Orders) Act, 1930 (Number 17 of 1930) as amended by the Courts Act, 1981 .

Transitional

2. All applications made or proceedings taken before these Rules shall have come into operation 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.

3. All proceedings under this Order shall be instituted by the issue, out of the Office, of an originating application.

Venue

4. All applications 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.

Married Women's Status Act

5. All applications under section 12 of the Married Women's Status Act shall be brought in accordance with Form No. 1 in the Schedule of Forms or such modification thereof as may be appropriate, and shall contain:

(i) a description of each item of property in dispute so as to clearly identify the property concerned;

(ii) a statement of the interest claimed by the Applicant in each item of property in dispute; and

(iii) a statement of the grounds intended to be relied upon in support of the claim to each item or items of property in dispute. If it is alleged that contributions were made by the Applicant towards the cost of acquiring the property concerned, the payments or contributions made must be specified in detail.

Guardianship

6. All applications under the Guardianship Act shall be brought in accordance with Form No. 2 in the Schedule of Forms, or such modification thereof as may be appropriate, and shall set out clearly the nature of the Order or Orders sought and shall contain a brief statement of the matters intended to be relied upon in support of the application.

Maintenance

7. ( a ) Applications pursuant to section 5 (1) (a) of the Maintenance Act shall be brought in accordance with Form No. 3 in the Schedule of Forms or such modification thereof as may be appropriate;

( b ) Applications pursuant to section 5 (1) (b) of the Maintenance Act shall be brought in accordance with Form No. 4 in the Schedule of Forms or such modification thereof as may be appropriate;

( c ) Applications for the variation or discharge of any Maintenance Order, pursuant to section 6 (1) of the Maintenance Act, shall be brought in accordance with Form No. 5 in the Schedule of Forms or such modification thereof as may be appropriate;

and in each case shall contain a brief statement of the matters intended to be relied upon in support of the application.

Affiliation

8. All applications under section 3 (1) and under section 5 (1) of the Affiliation Act shall be brought in accordance with form No. 6 and form No. 7 respectively in the Schedule of Forms or such modification thereof as may be appropriate in the circumstances.

Affidavit to be Filed before making or Service of Affiliation Application

9. The making and service of an Application under section 3 (1) of the Affiliation Act shall be preceded by the filing of an Affidavit made by the Applicant verifying the facts of which the Applicant has personal knowledge and deposing as to belief in the truth of the other facts alleged in the Application. The Applicant's Affidavit shall further state that no collusion or connivance exists between the Applicant and any other party to the Application.

Signatures to Application

10. All Applications under this Order shall be dated and shall bear the name, address and description of the Applicant and shall be signed by his Solicitor, if any, or if none, by himself.

Return Date

11. This Rule shall not apply to Dublin. Every Application shall state the date upon which the Application shall be returned which shall be the date of commencement of the Sittings or such other date as the County Registrar shall provide and shall be served so as to give the Respondent at least four clear days' notice of the Application before the return date.

Return Date (Dublin)

12. This Rule shall apply only to the Dublin Circuit. Every Application shall state the date on which the Application shall be returned and shall be served so as to give the Respondent at least four clear days' notice of the making of the application before such return date.

Filing

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

Service

14. All Applications shall be served by sending a copy of the same by prepaid 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 21 years. Service by post shall be deemed to have been affected 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.

Answer

15. If the Respondent wishes to dispute, wholly or partly, the claim of the Applicant, he shall within four days after the service on him of the Application or within such further time as the Court may allow, serve upon the Applicant or his solicitor an Answer in the appropriate form in the Schedule of Forms hereto or such modification thereof as may be appropriate, and such answer shall be filed at the Office within two days after the service thereof.

Directions Etc.

16. If the Judge is satisfied that an application is ready for hearing on the return date fixed therefor, he may hear the same on that day. If the application is not heard on that day, the Judge may adjourn the same to a further date for mention or may fix the date for the hearing of the same and may give such direction as he may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the serving and filing of an answer, and the swearing of Affidavits. In the case of non-compliance with any such directions, the Judge who made the same or the Judge who hears the application may deal with the matter as to him shall seem right.

Hearing

17. Save where the Court directs otherwise, every application under this Order shall be heard on oral evidence. Every application shall be heard otherwise than in open Court.

Joinder of Applications

18. Any application under this Order may be brought together with and on the same form of Application as any other application under this Order or where appropriate under the Family Law (Protection of Spouses & Children) Act, 1981. Any application under this Order may be listed and heard together with an action for divorce a mensa et thoro under Section 7 of the Matrimonial Causes & Marriage Law (Ireland) Amendment Act, 1870.

Costs

19. The costs as between party and party may be measured by the Judge and if not so measured shall be taxed by the County Registrar according to such scale of costs as may be prescribed. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.

ORDER 69

MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDEMNT ACT, 1870

1. In this Order "The Act" means the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 (33 and 34 Vict. Ch. 110).

Forms

2. All Proceedings for divorce a mensa et thoro under Section 7 of the Act shall be commenced by Matrimonial Civil Bill which shall be in Form Number 12 in the Schedule of Forms together with such modifications to the Indorsement of Claim thereon as may be appropriate.

Verifying Affidavit

3. The issue of a Matrimonial Civil Bill shall be preceded by the filing of an Affidavit made by the Plaintiff verifying the facts of which he or she has personal knowledge and deposing as to belief in the truth of the other facts alleged in the Indorsement of Claim. The Plaintiff's Affidavit shall further...