Circuit Court Rules (Proof Of Foreign Public Documents And Translations) 2019.

 
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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th July, 2019.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936, 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), section 27 of the Courts (Supplemental Provisions) Act 1961, the European Communities (Rules of Court) Regulations 1972 (S.I. No. 320 of 1972) and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 20 day of March 2019.

Signed: RAYMOND GROARKE

Chairman of the Circuit Court Rules Committee

Jacqueline Linnane

Fiona Duffy Coady

Keith Walsh

Sabina Purcell

Mairead Ahern

Noel Rubotham

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

Dated this 1st day of July 2019.

Signed: CHARLES FLANAGAN

Minister for Justice and Equality

1. (1) These Rules, which may be cited as the Circuit Court Rules (Proof of Foreign Public Documents and Translations) 2019, shall come into operation on the 1st day of August 2019.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2019.

(3) The Circuit Court Rules 2001 to 2019 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2019.

2. The Circuit Court Rules are amended by the substitution in Order 23 for rules 5 to 9 inclusive of the following rules:

“Proof of Foreign Public, Diplomatic and Consular Documents of Member States of the European Union

5. (1) In this rule:

“Central Authority” means the Central Authority of a Member State of the European Union designated in accordance with Article 15 of the 2016 Regulation to fulfil functions relating to the application of the 2016 Regulation;

the “2016 Regulation” means Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012;

“public documents” has the same meaning as in Article 3 of the 2016 Regulation.

(2) A document which purports to be a public document to which the 2016 Regulation applies (or a certified copy, within the meaning of Article 3(7) of the 2016 Regulation, thereof) shall, without proof of any formal procedure for certifying the authenticity of a signature, the capacity in which the person signing the document has acted, or where appropriate, the identity of the seal or stamp which it bears, be admissible in evidence as such if otherwise admissible.

(3) In any case in which the Court has a reasonable doubt as to the authenticity of a public document or certified copy produced in accordance with sub-rule (2), it may direct the taking of any step permitted by Article 14 of the 2016 Regulation to dispel such doubt. In any such case the Court shall in its directions set out the grounds upon which they are based.

5A. (1) In this rule:

“Central Authority” means the Central Authority of a Contracting State designated in accordance with Article 5 of the 1987 Convention;

the “1987 Convention” means the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities done at Brussels on the 25th May, 1987;

a “Contracting State” means a State which is a party to the 1987 Convention other than the State and includes a State which has made a declaration pursuant to Article 6(3) of the...

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