District Court Rules, 1997

 
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EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which come into operation on the 1st day of May, 1997, replace in revised and consolidated form the Rules listed in Schedule A hereto. They prescribe the practice and procedures to be followed and the forms to be used in the District Court proceedings to which they relate on and from the operative date, save for proceedings pending in the Court on that date, which proceedings shall be continued and completed as if these Rules had not been made.

TABLE OF CONTENTS

Page

DISTRICT COURT RULES 1997

1

CITATION AND COMMENCEMENT

2

ANNULMENT OF EXISTING RULES

2

INTERPRETATION OF TERMS

2

PART I

PRELIMINARY AND GENERAL

Order

1

SITTINGS

5

2

ADJOURNMENT OF PROCEEDINGS AND OF THE COURT

7

3

LANGUAGE

9

4

MODE OF ADDRESS

9

5

JUDGES' ROBES

9

6

RIGHT OF AUDIENCE

11

7

MINORS AND OTHER PERSONS UNDER DISABILITY

13

8

TENDERING OF EVIDENCE

15

9

AFFIDAVITS

15

10

SERVICE OF DOCUMENTS

17

11

SERVICE OUT OF THE JURISDICTION

23

12

MISCELLANEOUS

29

PART II

CRIMINAL PROCEEDINGS

13

VENUE

33

14

ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS

35

15

ISSUE OF SUMMONSES ALLEGING OFFENCES

37

16

ISSUE OF WARRANTS CHARGING OFFENCES

39

17

PROCEDURE ON ARREST

41

18

PROCEDURE ON ADMITTING TO BAIL

43

19

REMANDS BY THE COURT

47

20

ARREST OF PERSON ABOUT TO ABSCOND

49

21

ATTENDANCE OF WITNESSES

51

22

PROCEDURE ON ACCUSED'D FAILURE TO APPEAR

53

23

TRIAL OF SUMMARY OFFENCES

55

24

SUMMARY TRIAL AND PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES

57

25

ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS

63

26

ENDORSEMENT, ADDRESSING, EXECUTION RE-ISSUE OF WARRANTS

65

27

ESTREATMENT OF RECOGNISANCES FORFEITURE OF MONEY LODGED

69

28

RECOGNISANCES UNDER THE PROBATION OF OFFENDERS ACT, 1907

73

29

EXTRADITION

75

30

COMMUNITY SERVICE

79

31

PROCEEDINGS UNDER

— CRIMINAL JUSTICE ACT, 1984

— CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

81

31A

PROCEEDINGS UNDER THE POLICE (PROPERTY) ACT 1897

83

32

MISUSE OF DRUGS

85

33

COMPENSATION ORDERS

87

34

MISCELLANEOUS SEARCH WARRANTS

91

35

CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS

95

36

COSTS AND WITNESSES' EXPENSES

97

37

PROCEEDINGS INVOLVING CHILDREN OR YOUNG PERSONS

97

38

MISCELLANEOUS MATTERS

99

PART III

CIVIL PROCEEDINGS

39

COMMENCEMENT OF PROCEEDINGS

101

40

PARTICULARS TO BE GIVEN IN CERTAIN CIVIL SUMMONSES, ETC.

107

41

DEFENCE, LODGMENT AND COUNTERCLAIM

109

42

THIRD PARTY PROCEDURE

113

43

SECURITY FOR COSTS

115

44

ATTENDANCE OF WITNESSES

117

45

JUDGMENT IN DEFAULT

119

46

HEARING OF CIVIL PROCEEDINGS

123

47

EJECTMENT PROCEEDINGS

127

48

EXECUTION OF DECREES AND DISMISSES

131

49

INTERPLEADER

133

50

APPLICATION TO HAVE AN ACTION FORWARDED TO THE CIRCUIT COURT OR TO THE HIGH COURT

135

51

COSTS AND EXPENSES

137

52

COUNSEL'S FEES

139

53

ENFORCEMENT OF JUDGMENTS

141

Family Law

54

MAINTENANCE OF SPOUSES AND CHILDREN

147

55

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS AS BETWEEN THE STATE AND NORTHERN IRELAND, ENGLAND AND WALES, AND SCOTLAND

151

56

ATTACHMENT OF EARNINGS

157

57

PROCEEDINGS UNDER SECTION 8 of THE ENFORCEMENT OF COURT ORDERS ACT, 1940

159

58

CUSTODY AND GUARDIANSHIP OF INFANTS

161

59

DOMESTIC VIOLENCE

165

60

PROTECTION OF THE FAMILY HOME

171

61

USE OF BLOOD TESTS IN DETERMINING PARENTAGE

173

62

PROCEEDINGS UNDER—

THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968, (OR)

THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 1988, (OR)

THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS, (OR)

THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE

175

Licensing

63

AUCTIONEERS AND HOUSE AGENTS

191

64

BETTING ACT, 1931

193

65

FISHERIES

195

66

GAMING AND LOTTERIES

199

67

GENERAL DEALERS

201

Intoxicating Liquor

68

CERTIFICATES FOR SPIRIT RETAILERS LICENCES, BEER RETAILERS' LICENCES, WHOLESALE BEER DEALERS' LICENCES; DECLARATIONS OF FITNESS UNDER SECTION 15 of THE INTOXICATING LIQUOR ACT, 1960

203

69

RESTAURANT CERTIFICATES AND DECLARATIONS AS TO SUITABILITY OF PREMISES

205

70

OBJECTIONS TO THE FIRST GRANT OF WINE RETAILERS ON-LICENCES

207

71

SPECIAL EXEMPTION ORDERS

209

72

GENERAL EXEMPTION ORDRES

211

73

EXEMPTIONS FOR SPECIAL EVENTS

213

74

EXEMPTIONS FOR LICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY

215

75

EXEMPTIONS FOR UNLICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY

217

76

OCCASIONAL LICENCES

219

77

AD-INTERIM TRANSFERS OF LICENCES

221

78

TRANSFERS OF LICENCES HELD BY NOMINEES

223

79

CERTIFICATES OF TRANSFER

225

80

OBJECTIONS TO RENEWAL OF INTOXICATING LIQUOR LICENCES, FORMS OF RENEWAL CERTIFICATE AND RECORDING OF RENEWALS OF LICENCES

227

81

ANNUAL LICENSING COURT

229

82

REGISTER OF LICENCES

231

83

REGISTRATION OF CLUBS, GRANTING OF CLUB AUTHORISATION

233

84

CHILD CARE

239

85

WATER DISCONNECTION

249

86

PUBLIC DANCING

251

87

PUBLIC MUSIC AND SINGING

253

88

STREET AND HOUSE TO HOUSE COLLECTIONS

255

89

WILDLIFE

257

MISCELLANEOUS MATTERS

90

AIR NAVIGATION (EUROCONTROL)

261

91

CONTROL OF DOGS

263

92

FIRE SERVICES

267

93

HOUSING (PRIVATE RENTED DWELLINGS)

269

94

IRISH NATIONALITY AND CITIZENSHIP

271

95

MALICIOUS INJURIES

273

96

PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION

275

97

ROAD TRAFFIC

279

98

SOCIAL WELFARE — CONTRIBUTIONS TOWARDS BENEFITS OR ALLOWANCES

281

99

ISSUE OF SUMMONSES IN MATTERS OTHER THAN CRIMINAL MATTERS

283

PART IV

APPEALS AND CASES STATED

100

APPEALS TO THE DISTRICT COURT

285

101

APPEALS TO THE CIRCUIT COURT

287

102

CASES STATED

291

SCHEDULE A

RULES WHICH ARE ANNULLED BY THESE RULES

295

SCHEDULE B

FORMS IN CRIMINAL PROCEEDINGS

299

SCHEDULE C

FORMS IN CIVIL PROCEEDINGS

540

SCHEDULE D

FORMS IN APPEALS TO THE DISTRICT COURT AND TO THE CIRCUIT COURT AND IN CASES STATED FOR THE SUPREME COURT AND FOR THE HIGH COURT

1136

SCHEDULE OF COSTS

1151

SCHEDULE OF COUNSEL'S FEES

1158

INDEX TO RULES

1159

S.I. No. 93 of 1997

DISTRICT COURT RULES, 1997

We, the District Court Rules Committee, in exercise of the powers conferred on us by section 91 of the Courts of Justice Act, 1924 section 72 of the Courts of Justice Act, 1936 section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby make the annexed Rules of Court.

GIVEN this 30th day of January, 1997.

Peter Smithwick

Chairman.

John Garavan

John P. Clifford

Gillian M. Hussey

John P. Brophy

Deirdre M. Kennedy

Gerard Griffin

Sean McMullin

James McCormack

Secretary

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

Dated this 24th day of February, 1997.

NORA OWEN,

Aire Dlí agus Cirt.

DISTRICT COURT RULES, 1997

These Rules may be cited as the "District Court Rules, 1997" or in abbreviated form as "DCR 1997", and shall come into operation on the 1st day of May, 1997.

On and from the said date the Rules listed in Schedule A hereto shall stand annulled, save as to any proceedings pending in the Court, which proceedings shall be continued and completed as if these Rules had not been made.

The Interpretation Act, 1937 , shall apply to these Rules.

INTERPRETATION OF TERMS

In these Rules—

"civil proceedings" includes those suits or actions at law in which jurisdiction is conferred by any enactment upon the District Court in civil cases as described in section 77A of the Courts of Justice Act, 1924 and in any enactment extending or amending that section either expressly or by implication;

"civil summons" means a summons issued under Order 39, 42, 47, 49 or 62 of these Rules;

"Clerk", save where the context otherwise requires, means a District Court Clerk or any person temporarily assigned to perform the duties and fulfil the functions of such Clerk;

"County Registrar" when used in relation to the execution of decrees, warrants or other execution orders in any county or county borough in which the powers and duties of the Under-Sheriff or Sheriff are not transferred to a County Registrar, means the Under-Sheriff or Sheriff, as the case may be;

"Court" unless the context otherwise requires, means...

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