District Court Rules (No. 2) 1962

• Jurisdiction: Ireland
• Citation: IR SI 8/1962
• Year: 1962

S.I. No. 8 of 1962.
DISTRICT COURT RULES (No. 2), 1962
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 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following Rules :—
	1 ..	1.—(1) These Rules (of which the Schedule hereto forms part) shall come into operation on the 1st day of March, 1962 and may be cited as the District Court Rules (No. 2), 1962.
(2) The following Rules are hereby revoked :—
The Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931 ;
The District Court Rules, 1942 ( S. R. & O. No. 299 of 1942 ) ;
The District Court Rules (Amending Rule) 1943 ( S. R. & O. No. 39 of 1943 ).
(3) Subject to any special order made by a Justice in a particular case these rules shall apply to all proceedings pending in the District Court on the said 1st day of March, 1962.
DEFINITIONS AND CONSTRUCTION
	2 ..	2.—(1) In these Rules the expression " Court " means a Justice of the District Court sitting for the transaction of proceedings to which these Rules relate. " The Affiliation Orders Act " means the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930). The expression " The Principal Act " means the Enforcement of Court Orders Act, 1926 (No. 18 of 1926). The expression " the Amending Act " means the Enforcement of Court Orders Act, 1940 (No. 23 of 1940). The expression " the Act of 1886 " means the Married Women (Maintenance in Case of Desertion) Act, 1886.
(2) These Rules shall be read as one with the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ) and any rules amending the same and accordingly, every expression and word to which a particular meaning is given by the District Court Rules, 1948 (or any rule amending the same) for the purposes of such Rules shall, in and for the purpose of these Rules, unless the contrary intention appears, have the meaning so given.
PART I PROCEEDINGS UNDER THE AFFILIATION ORDERS ACT
	3 INFORMATION GROUNDING AFFILIATION APPLLICATION	3.—(1) The information referred to in section 2 of the Affiliation Orders Act when sworn shall be lodged with the Clerk who shall submit same to the Justice if not sworn before the Justice. The Justice may require such further particulars as he considers necessary to be included in a supplemental information. Such information and supplemental information (if any) shall be lodged with the Clerk for the District Court Area in which the mother resides.
(2) Where such information is sworn by the mother before the birth of the illegitimate child to whom it relates it shall be in accordance with Form 1 in the Schedule hereto or such modification thereof as may be suitable.
(3) Where such information is sworn by the mother of an illegitimate child after the birth of such child (whether born alive or still-born) it shall be in accordance with Form 2 in the Schedule hereto or such modification thereof as may be suitable.
	4 AFFILIATION SUMMONS	4.—(1) A summons issued under section 2 of the Affiliation Orders Act on the application of the mother shall be in accordance with Form 3 or Form 4 in the Schedule hereto or such modification thereof as may be suitable.
(2) A summons issued under section 2 of the Affiliation Orders Act on the application of a Local Body administering the relief of the poor (hereinafter referred to as " a Local Body ") shall be in accordance with Form 5 or Form 6 in the Schedule hereto or such modification thereof as may be suitable.
(3) (a) A summons to which paragraph (1) hereof relates when issued before the birth of the illegitimate child to whom it relates shall be in accordance with Form 3 in the Schedule hereto or such modification thereof as may be suitable.
(b) A summons to which paragraph (1) hereof relates when issued after the birth of the illegitimate child to whom it relates, whether the child is born alive or still-born, shall be in accordance with Form 4 in the Schedule hereto or such modification thereof as may be suitable.
(4) (a) A summons to which paragraph (2) hereof relates when issued before the birth of the illegitimate child to whom it relates shall be in accordance with Form 5 in the Schedule hereto or such modification thereof as may be suitable.
(b) A summons to which paragraph (2) hereof relates when issued after the birth of the child to whom it relates, whether the child is born alive or still-born, shall be in accordance with Form 6 in the Schedule hereto or such modification thereof as may be suitable.
	5 CONTINUANCE OF PAYMENTS UNDER AFFILIATION ORDER	5.—An application for an order under subsection (3) of section 4 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 7 in the Schedule hereto or such modification thereof as may be suitable.
	6 VARIATION OF TERMS OF AFFILIATION ORDER	6.—(1) An application under paragraph (a) of subsection (1) of section 5 of the Affiliation Orders Act to vary the amount of the weekly sum payable under an Affiliation Order shall be by summons which shall be in accordance with Form 8 in the Schedule hereto or such modification thereof as may be suitable.
(2) An application under paragraph (b) of subsection (1) of section 5 of the Affiliation Orders Act to change the person to whom the weekly sum payable under an Affiliation Order is payable shall be by summons which shall be in accordance with Form 9 in the Schedule hereto or such modification thereof as may be suitable.
(3) An application under paragraph (c) of subsection (1) of section 5 of the Affiliation Orders Act to vary all or any of the conditions relating to the payment and receipt of a weekly sum payable under an Affiliation Order shall be by summons which shall be in accordance with Form 10 in the Schedule hereto or such modification thereof as may be suitable.
	7 TERMINATION OF PAYMENTS UNDER AFFILIATION ORDER	7. An application under subsection (2) of section 5 of the Affiliation Orders Act that payment of a weekly sum payable under an Affiliation Order shall cease shall be by summons which shall be in accordance with Form 11 in the Schedule hereto or such modification thereof as may be suitable.
	8 APPRENTICESHIP OF ILLEGITIMATE CHILD	8. An application for an Order under section 6 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 12 in the Schedule hereto or such modification thereof as may be suitable.
	9 FUNERAL EXPENSES OF ILLEGITIMATE CHILD	9. An application for an Order under section 7 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 13 in the Schedule hereto or such modification thereof as may be suitable.
	10 COMMUTATION OF WEEKLY SUM	10. An application for an Order under section 8 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 14 in the Schedule hereto or such modification thereof as may be suitable.
	11 APPROVAL OF VOLUNTARY AGREEMENT	11.—(1) An application for an Order under subsection (1) of section 10 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 15 or 15A in the Schedule hereto or such modification thereof as may be suitable.
(2) An application for an Order under subsection (2) of section 10 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 16 or 16A in the Schedule hereto or such modification thereof as may be suitable.
(3) The information required by subsection (5) of section 10 of the Affiliation Orders Act shall be in accordance with Form 17 in the Schedule hereto or such modification thereof as may be suitable. Such information shall be lodged with the Clerk for the District Court Area in which the mother resides.
	12 RECOVERY OF RELIEF BY LOCAL BODIES	12. An application for an Order under subsection (2) of section 11 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 18 in the Schedule hereto or such modification thereof as may be suitable.
	13 ATTACHMENT OF PENSION OR INCOME	13.—An application for an Order under section 13 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 19 in the Schedule hereto or such modification thereof as may be suitable.
	14 VENUE	14. A summons issued under Rule 4, Rule 5 or Rule 12 hereof shall be returnable to the District Court sitting for the exercise of summary jurisdiction for the District Court Area in which the mother of the child to which it relates resides. All other summonses hereunder shall be returnable to the District Court in which the Affiliation Order was made.
	15 TIME FOR SERVICE OF SUMMONS	15. Every summons provided for in this Part of these Rules shall be served fifteen clear days at least before the date for which the same is returnable.
	16 FORMS OF ORDERS	16.—(1) An Affiliation Order made on the application of the mother of an illegitimate child shall be in accordance with Form 20 in the Schedule hereto or such modification thereof as may be suitable.
(2) An Affiliation Order made on the application of a Local Body shall be in accordance with Form 21 in the Schedule hereto or such modification thereof as may be suitable.
(3) An Order made under subsection (3) of section 4 of the Affiliation Orders Act shall be in accordance with Form 22 in the Schedule hereto or such modification thereof as may be suitable.
(4) An Order made under paragraph (a) of subsection (1) of section 5 of the Affiliation Orders Act shall be in accordance with Form 23 in the Schedule hereto or such modification thereof as may be suitable.
(5) An Order made under paragraph (b) of subsection (1) of section 5 of the Affiliation Orders Act shall be in...