District Court Rules, 1997

• Jurisdiction: Ireland
• Citation: IR SI 93/1997

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 the District Court established...