District Court (Proof of Foreign Public Documents and Translations) Rules 2019.

• Statutory Instrument No.: 421/2019
• Published date: 09 August 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th August, 2019.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 , the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ) and section 24 of the Interpretation Act 2005 , and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 29th day of April 2019.

Rosemary Horgan Chairperson Patrick Durcan Shane McCarthy Riobard Pierse Edel Haughton Noel A Doherty Michelle Johnston

I concur in the making of the foregoing rules

Dated this 1st day of August 2019

CHARLES FLANAGAN,

Minister for Justice and Equality.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 , the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ) and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court:-

1 (1) These Rules, which shall come into operation on the 2nd day of September 2019, may be cited as the District Court (Proof of Foreign Public Documents and Translations) Rules 2019.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2019.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended by the insertion in Order 46, immediately following rule 8, of the following rules:

“3 — FOREIGN PUBLIC DOCUMENTS AND FOREIGN LANGUAGE DOCUMENTS

9. Any affidavit for use in proceedings in the Court may be taken outside Ireland:

(i) before any Irish diplomatic or consular representative or agent exercising such functions in the country concerned, or

(ii) before any notary public lawfully authorised to administer oaths in the country concerned, or

(iii) in any part of the European Union, before any notary public or other person authorised to administer oaths in such place;

and judicial notice shall be taken of the seal or signature, as the case may be, of any such diplomatic or consular representative or agent, notary public or other person attached, appended or subscribed to any such affidavit, or to any document exhibited to any such affidavit.

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

10 (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) is, without proof of:

(i) any formal procedure for certifying the authenticity of a signature,

(ii) the capacity in which the person signing the document has acted, or

(iii) where appropriate, the identity of the seal or stamp which it bears,

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), the Court 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 must in its directions set out the grounds upon which the directions are based.

11 (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...