Circuit Court Rules (Service in Member States of Judicial and Extra-Judicial Documents in Civil Or Commercial Matters), 2004

• Jurisdiction: Ireland

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

Dated this 8th day of September, 2003.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Edmund Carroll

Joe Deane

Gerard Doherty

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 23rd day of December, 2004.

Signed: MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform

S.I. No. 883 of 2004

CIRCUIT COURT RULES (SERVICE IN MEMBER STATES OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS), 2004 1. These Rules, which may be cited as the Circuit Court Rules (Service in Member States of Judicial and Extra-judicial Documents in Civil or Commercial Matters), 2004 shall come into operation on the 23rd day of December, 2004. 2. The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.

ORDER 14B

Rule One

1. In this Order, unless the context or subject matter otherwise requires:

“a Member State” or “Member States” means a Member State or Member States of the European Community, with the exception of the Kingdom of Denmark;

“the Regulation” means Council Regulation (EC) 1348/2000 of 29 May, 2000 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters and amendments thereto;

“the Receiving Agency” or “Receiving Agencies” means the entity or the entities designated by each of the Member States of the EU pursuant to Article 2(2) of the Regulation and in Ireland shall be the appropriate County Registrar;

“the Transmitting Agency” or “Transmitting Agencies” means the entity or the entities designated by each of the Member States of the EU pursuant to Article 2(1) of the Regulation and in Ireland shall be the appropriate County Registrar.

Rule Two

2. This Order applies to the service of documents to which the Regulation applies in the matters referred to at Article 1 of the Regulation.

Rule Three

3. Any party to any proceedings to which the Regulation applies, who wishes to have a document served pursuant to the Regulation, must lodge with the Transmitting Agency:

(a) two copies of the Document to be served with an additional copy thereof for each person to be served:

(b) a request for service of the Document, in a language as provided for in Article 4(3) of the Regulation, as the case may be, in the form specified in the Annex to the Regulation:

(c) an undertaking to pay the costs of service.

Rule Four

4. If any request for service does not comply with the provisions of these Rules, the Transmitting Agency shall inform the applicant and specify the objections to the request.

Rule Five

5. The Transmitting Agency shall, as soon as the request for service complies with the provisions of Rules 2 and 3, transmit the document or documents concerned in accordance with Article 4 of the Regulation.

Rule Six

6. The Transmitting Agency shall forward to the Applicant, by the swiftest possible means of transmission:

(i) a copy of the receipt referred to at Article 6 of the Regulation;

(ii) a copy of the notice of return referred to at Article 6 of the Regulation together with the documents transmitted;

(iii) a request for missing information or documents; or

(iv) a copy of the certificate evidencing the refusal of the addressee to...