Circuit Court Rules (Service) 2009

• Statutory Instrument No.: 132/2009
• Published date: 14 April 2009

S.I. No. 132 of 2009

CIRCUIT COURT RULES (SERVICE) 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th April, 2009.

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 ) 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, Equality and Law Reform, make the annexed Rules of Court.

Dated this 11 day of November 2008.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Tony Hunt

Gerard J. Doherty

Joe Deane

Susan Ryan

Patricia Casey

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

Dated this 3rd day of April 2009.

Signed: DERMOT AHERN

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 132 of 2009

CIRCUIT COURT RULES (SERVICE) 2009

1. These Rules, which may be cited as the Circuit Court Rules (Service) 2009, shall come into operation on the 3rd day of April 2009.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2009.

3. The Circuit Court Rules are amended by the substitution for Order 11 of the Order set out in Schedule 1.

4. Each of the provisions of the Circuit Court Rules set out in the first column of Schedule 2 is amended in the manner set out in the second column of that Schedule opposite the reference to it.

5. The Form 1B in Schedule 3 shall be substituted for the Form bearing the like number in the Schedule of Forms annexed to the Circuit Court Rules. The Form 1C in Schedule 3 shall be added to the Schedule of Forms annexed to the Circuit Court Rules.

Schedule 1 ORDER 11

ISSUE OF CIVIL BILLS

SERVICE OF DOCUMENTS

Issue of Civil Bills

1. Save as otherwise provided in these Rules, every Civil Bill shall be signed and presented in duplicate to be issued out of the Office of the Court in a County having jurisdiction pursuant to these Rules (hereinafter referred to as “the Office”). The Civil Bill which is stamped, sealed and issued in the manner hereinafter set out shall be the original Civil Bill. The duplicate thereof shall be filed in the Office.

2. The Civil Bill shall, before issue thereof for service, be stamped in the appropriate amount, if any, as prescribed by law and, where stamping is required by law, if not so stamped, the Civil Bill and the duplicate Civil Bill shall have no effect or force.

3. The Civil Bill shall be presented to the Office, sealed, marked with the record number by the proper officer and shall thereupon be deemed to be issued and shall thereafter be entered in the cause book in date and numerical order of issue. At the time of issuing, the proper officer shall mark upon the duplicate Civil Bill the date of issue, full details in relation to stamping and the record number assigned to the Civil Bill. No Civil Bill shall be served until it shall have been so issued. In presenting such Civil Bill together with the duplicate thereof to the Office for issuing, such presentation may be by post or in person. Where the Civil Bill has been presented by post, the proper officer shall return the Civil Bill to the Plaintiff or the Plaintiff’s solicitor, as appropriate, by ordinary pre-paid post.

4. No Civil Bill for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court or of the County Registrar, save in accordance with the provisions of Orders 13 and 14.

Service of Civil Bills and other originating documents

5. In accordance with section 7 of the Courts Act 1964 , the service of a Civil Bill or of any other document by which proceedings in the Court are instituted may be effected by

(a) the sending of a copy of the Civil Bill or other originating document by registered prepaid post in an envelope addressed to the person to be served at his last known residence or place of business in the State and the document may be posted by the person on whose behalf it purports to be issued or a person authorised by him in that behalf;

(b) personal service (by a Summons Server or other person) upon the person to be served, or upon another person referred to in rule 6 on behalf of the person to be served.

6. Personal service of a Civil Bill or other originating document upon the defendant may be effected by delivering a copy of the Civil Bill or other originating document to the defendant personally wherever he is to be found within the jurisdiction. Where it appears by affidavit that the defendant is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service, service of the Civil Bill or other originating document may be effected by delivering a copy thereof at the defendant’s place of residence within the jurisdiction to the husband or wife of the defendant or to some relative of the defendant over the age of sixteen years and apparently resident there or at the defendant’s place of business or employment or office within the jurisdiction to some employee of the defendant over the age of sixteen years.

7. After he has effected service, the person serving a Civil Bill or other originating document shall indorse his name upon the original, stating also the day of the week and date upon which, and in the manner in which, and place where, such service was effected, and the person, whether husband or wife or relative or employee, upon whom the Civil Bill or other originating document was served.

8. Service in accordance with these Rules shall be authenticated by affidavit or statutory declaration by the person serving same. The affidavit or statutory declaration of service of a Civil Bill or other originating document shall be sworn or declared within a reasonable time of service having been effected and, if service was effected by registered post, not earlier than ten days after the date of posting. Such affidavit or statutory declaration may be indorsed on the original Civil Bill or other originating document.

9. Where personal service is alleged to have been effected, but the person who has effected service does not know of his own knowledge that the person served is the person named, he may make the affidavit or statutory declaration referred to in the preceding Rule, stating therein that same is true to the best of his knowledge and belief, but in any such case, the Judge may on his own initiative or on the application of any person who is alleged to be affected by the said service require such further evidence thereof as he may think right.

10. Service of a Civil Bill or other originating document on a Solicitor shall be sufficient, provided that he shall at the time of service indorse on the original Civil Bill or other originating document his acceptance of service thereof and his undertaking to enter an appearance thereto.

Substituted service

11. Whenever an order for substituted service or for the substitution for service of notice by advertisement is made in accordance with section 7(5)(a) of the Courts Act 1964 or otherwise, a copy of that order shall be served with the Civil Bill, or the terms of that order stated in such notice. Every such order shall state the time within which the defendant may enter an appearance or comply with the requirements of such order.

12. Every application to the Court or the County Registrar for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made.

13. In any case, the Judge or the County Registrar may declare the service actually effected sufficient.

Service on particular defendants

14. When an infant is a defendant to an action, service on his parent or guardian, or if none, then upon the person with whom the infant resides or under whose care he is shall, unless the Judge or the County Registrar otherwise orders, be deemed good service on the infant; provided that the Judge may order that service made or to be made on the infant shall be deemed good service.

15. When a person of unsound mind whether or not so found by inquisition is a defendant to an action, service on the Committee of that person, or upon the person with whom the person of unsound mind resides, or under whose care he is, shall, unless the Judge or the County Registrar orders otherwise, be deemed good service on the defendant.

Service of other documents

16. In accordance with section 7 of the Courts Act 1964 , all notices of motion and other notices, orders of the Court (where service is required) and witness summonses shall be served in the same manner as a Civil Bill or other originating document.

17. Any document, as to which no mode of service is prescribed by statute or these Rules, may be served by delivering the same to the party or person on whom it is to be served personally, or by delivering the same at the residence or place of business of such person, or by sending the same by pre-paid post, addressed to such party or person at his last known residence or place of business.

18. Where...