District Court Rules (No. 1) 1962

• Jurisdiction: Ireland

S.I. No. 7 of 1962.

DISTRICT COURT RULES (No. 1), 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. These Rules may be cited as the District Court Rules (No. 1), 1962. 2. These Rules shall come into operation on the 1st day of March, 1962, and shall be read together with the District Court Rules, 1942 ( S. R. & O. No. 144 of 1942 ), the Principal Rules, the District Court Rules (No. 2), 1948 ( S.I. No. 270 of 1948 ), the District Court Rules (No. 3), 1948 ( S.I. No. 431 of 1948 ), the District Court Rules, 1955 ( S.I. No. 83 of 1955 ), the District Court Rules (No. 2), 1955 ( S.I. No. 84 of 1955 ), and the District Court Rules, 1956 ( S.I. No. 277 of 1956 ). 3. In these Rules " the Principal Rules " means the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ). 4.—(1) Service out of the jurisdiction of a Civil Process or other originating document, or notice thereof, may be allowed by the Court in the following cases :

(a) in proceedings for ejectment where the premises sought to be recovered are within the jurisdiction;

(b) in proceedings founded on a contract where such a contract is

(i) made within the jurisdiction, or

(ii) by its terms or implications to be governed by Irish law;

(c) in proceedings brought in respect of a breach committed within the jurisdiction of a contract wherever made even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction;

(d) in proceedings founded on a tort committed within the jurisdiction;

(e) where any relief is sought against a person domiciled or ordinarily resident within the jurisdiction;

(f) where any person out of the jurisdiction is a necessary or proper party to an action properly brought against another person duly served within the jurisdiction.

(2) Every application for leave to serve a Civil Process or other originating document or notice thereof on a Defendant out of the jurisdiction shall be made ex parte and shall be supported by an affidavit stating that in the belief of the deponent the Plaintiff has a good cause of action and showing in what place or country such defendant or person to be served is or probably may be found and whether such defendant or person to be served is or is not a citizen of Ireland and the grounds on which the application is made, and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under these Rules. Such affidavit shall, when no proceedings are pending, be entitled as between the parties to the intended proceedings and " In the matter of the Courts of Justice Acts, 1924 to 1961 ".

(3) An Order giving leave to effect service or to give notice out of the jurisdiction shall be signed by the District Justice making the same and such Justice shall fix the date of hearing of the proceedings and in fixing such date shall have regard to the place or country where or within which the document is to be served or notice given.

(4) Service out of the jurisdiction of a Civil Process or other originating document or notice thereof may be effected by registered post and, save where the Court may otherwise direct, a certificate of posting of the registered postal packet shall be sufficient evidence of the service thereof. Such service shall be deemed to have been effected at the time when such postal packet would have been delivered in the ordinary course of...