S.I. No. 158/1982:

CIRCUIT COURT RULES (No. 6) 1982.

CIRCUIT COURT RULES (No. 6) 1982.

WE, THE CIRCUIT COURT RULES COMMITTEE, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , and Section 12 of the Courts of Justice Act, 1947 , by virtue of the Powers conferred on us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 (as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and Section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated the 10th day of May, 1982.

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

Dated the 27th day of May, 1982.

SEÁN DOHERTY

Minister for Justice

S.I. No. 158 of 1982.

CIRCUIT COURT RULES (No. 6) 1982

1. These Rules which may be cited as The Circuit Court Rules (No. 6) 1982, shall come into operation on the 28th day of May 1982.

2. The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 68

MARRIED WOMEN'S STATUS ACT, 1957 , SECTION 12.

GUARDIANSHIP OF INFANTS ACT, 1964 .

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 .

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

Definition

1. In this Order--

"The Married Women's Status Act", means The Married Women's Status Act, 1957 (No. 5 of 1957) as amended by section 3 of the Courts Act, 1981 , and as extended by section 5 of the Family Law Act, 1981 ;

"The Guardianship Act" means The Guardianship of Infants Act, 1964 (No. 7 of 1964) as amended by the Courts Act, 1981 ;

"The Maintenance Act" means The Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976 ) as amended by section 12 of The Courts Act, 1981 ;

"The Affiliation Act" means the Illegitimate Children (Affiliation Orders) Act, 1930 (Number 17 of 1930) as amended by the Courts Act, 1981 .

Transitional

2. All applications made or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

3. All proceedings under this Order shall be instituted by the issue, out of the Office, of an originating application.

Venue

4. All applications under this Order shall be brought in the County where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

Married Women's Status Act

5. All applications under section 12 of the Married Women's Status Act shall be brought in accordance with Form No. 1 in the Schedule of Forms or such modification thereof as may be appropriate, and shall contain:

(i) a description of each item of property in dispute so as to clearly identify the property concerned;

(ii) a statement of the interest claimed by the Applicant in each item of property in dispute; and

(iii) a statement of the grounds intended to be relied upon in support of the claim to each item or items of property in dispute. If it is alleged that contributions were made by the Applicant towards the cost of acquiring the property concerned, the payments or contributions made must be specified in detail.

Guardianship

6. All applications under the Guardianship Act shall be brought in accordance with Form No. 2 in the Schedule of Forms, or such modification thereof as may be appropriate, and shall set out clearly the nature of the Order or Orders sought and shall contain a brief statement of the matters intended to be relied upon in support of the application.

Maintenance

7. ( a ) Applications pursuant to section 5 (1) (a) of the Maintenance Act shall be brought in accordance with Form No. 3 in the Schedule of Forms or such modification thereof as may be appropriate;

( b ) Applications pursuant to section 5 (1) (b) of the Maintenance Act shall be brought in accordance with Form No. 4 in the Schedule of Forms or such modification thereof as may be appropriate;

( c ) Applications for the variation or discharge of any Maintenance Order, pursuant to section 6 (1) of the Maintenance Act, shall be brought in accordance with Form No. 5 in the Schedule of Forms or such modification thereof as may be appropriate;

and in each case shall contain a brief statement of the matters intended to be relied upon in support of the application.

Affiliation

8. All applications under section 3 (1) and under section 5 (1) of the Affiliation Act shall be brought in accordance with form No. 6 and form No. 7 respectively in the Schedule of Forms or such modification thereof as may be appropriate in the circumstances.

Affidavit to be Filed before making or Service of Affiliation Application

9. The making and service of an Application under section 3 (1) of the Affiliation Act shall be preceded by the filing of an Affidavit made by the Applicant verifying the facts of which the Applicant has personal knowledge and deposing as to belief in the truth of the other facts alleged in the Application. The Applicant's Affidavit shall further state that no collusion or connivance exists between the Applicant and any other party to the Application.

Signatures to Application

10. All Applications under this Order shall be dated and shall bear the name, address and description of the Applicant and shall be signed by his Solicitor, if any, or if none, by himself.

Return Date

11. This Rule shall not apply to Dublin. Every Application shall state the date upon which the Application shall be returned which shall be the date of commencement of the Sittings or such other date as the County Registrar shall provide and shall be served so as to give the Respondent at least four clear days' notice of the Application before the return date.

Return Date (Dublin)

12. This Rule shall apply only to the Dublin Circuit. Every Application shall state the date on which the Application shall be returned and shall be served so as to give the Respondent at least four clear days' notice of the making of the application before such return date.

Filing

13. On the issuing of an Application, a copy thereof shall be filed and the County Registrar shall thereupon enter the same.

Service

14. All Applications shall be served by sending a copy of the same by prepaid ordinary post addressed to the Respondent at his last known place of residence, or alternatively, may be served personally on the Respondent by any person over the age of 21 years. Service by post shall be deemed to have been affected on the second day following the day of posting. An Affidavit of Service of every Application shall be sworn and shall be filed before the return date.

Answer

15. If the Respondent wishes to dispute, wholly or partly, the claim of the Applicant, he shall within four days after the service on him of the Application or within such further time as the Court may allow, serve upon the Applicant or his solicitor an Answer in the appropriate form in the Schedule of Forms hereto or such modification thereof as may be appropriate, and such answer shall be filed at the Office within two days after the service thereof.

Directions Etc.

16. If the Judge is satisfied that an application is ready for hearing on the return date fixed therefor, he may hear the same on that day. If the application is not heard on that day, the Judge may adjourn the same to a further date for mention or may fix the date for the hearing of the same and may give such direction as he may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the serving and filing of an answer, and the swearing of Affidavits. In the case of non-compliance with any such directions, the Judge who made the same or the Judge who hears the application may deal with the matter as to him shall seem right.

Hearing

17. Save where the Court directs otherwise, every application under this Order shall be heard on oral evidence. Every application shall be heard otherwise than in open Court.

Joinder of Applications

18. Any application under this Order may be brought together with and on the same form of Application as any other application under this Order or where appropriate under the Family Law (Protection of Spouses & Children) Act, 1981. Any application under this Order may be listed and heard together with an action for divorce a mensa et thoro under Section 7 of the Matrimonial Causes & Marriage Law (Ireland) Amendment Act, 1870.

Costs

19. The costs as between party and party may be measured by the Judge and if not so measured shall be taxed by the County Registrar according to such scale of costs as may be prescribed. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.

ORDER 69

MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDEMNT ACT, 1870

1. In this Order "The Act" means the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 (33 and 34 Vict. Ch. 110).

Forms

2. All Proceedings for divorce a mensa et thoro under Section 7 of the Act shall be commenced by Matrimonial Civil Bill which shall be in Form Number 12 in the Schedule of Forms together with such modifications to the Indorsement of Claim thereon as may be appropriate.

Verifying Affidavit

3. The issue of a Matrimonial Civil Bill shall be preceded by the filing of an Affidavit made by the Plaintiff verifying the facts of which he or she has personal knowledge and deposing as to belief in the truth of the other facts alleged in the Indorsement of Claim. The Plaintiff's Affidavit shall further state that no collusion or connivance exists between the Plaintiff and the other party to the marriage.

Hearing

4. All Proceedings under this Order shall be heard in camera.

FORM NO. 1

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of............................................................ .... in the County of ..................................... hereby applies to the Court sitting at............................................................ ............................................................ , pursuant to Section 12 of the above Act for such Order as the Court may think proper in relation to the Property described in the Appendix hereto, and for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1. (Here set out residential address and occupation of the Respondent).

............................................................ ............................................................ ...................

2. (a) The Applicant was on the ......................... day of ................................ married to the Respondent at the (here identify the venue at which the marriage ceremony was performed) or

(a) Delete whichever is inappropriate

2. (a) The Applicant on or about the ......................... day of .............................. became engaged to marry the Respondent.

3. Disputes have arisen between the Applicant and the Respondent as to the title or as to the possession of each of the items of property described in Column 1 of the Appendix hereto.

4. The Applicant claims to be entitled to the said property to the extent indicated in Column 2 of the Appendix hereto.

5. The grounds upon which the Applicant intends to rely in making the said claims are set out in Column 3 of the Appendix hereto.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court office at ................................................. an Answer in the form prescribed by the Rules of the Circuit Court.

AND TAKE NOTICE that this Application will be mentioned before the Court on the ......................... day of .............................. 19.................... and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

Dated the ........................................ day of ........................................... 19..................

APPENDIX

NOTE A. Here set out a description of each item of property to which the dispute or claim relates, so as to identify clearly the property concerned. If the Applicant has separate and distinct claims to different items of property, number separately the item or items of property to which each such claim relates.

NOTE B. Here state whether the Applicant claims to be entitled to the property concerned solely, or jointly with the Respondent. If the property comprises an interest in land, clearly identify the nature and extent of the interest claimed. If there is more than one entry in Column 2 of the Appendix, number each entry with the number indicated in Column 1 against the item or items of property to which the entry in Column 2 is intended to relate.

NOTE C. Here specify the grounds intended to be relied upon in making the claim to possession or title of the property. If it is alleged that contributions were made by the Applicant towards the costs of purchasing the property concerned or its improvement specify in detail the payments or other contributions alleged to have been made. If there is more than one entry in Column 3 of the Appendix, number each with the number indicated in Column 1 against the item or items of property to which the entry in Column 3 is intended to relate.

NOTE D. If necessary, continue this list on a separate page, which should be attached to the Application.

These notes do not form part of the Instruments or of the Application and are intended for guidance only.

FORM NO. 2.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

(or, if not inter partes) On the Application of A. B.

TAKE NOTICE that the above named Applicant of       in the County of   , hereby applies to the Circuit Court sitting at

for an Order pursuant to section (a) of the above Act for an Order that (b)

and for an Order providing for the costs of the Application.

(a) Set out the section and Subsection under which the Application is made.

(b) Here set out the terms of the Order sought.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1. (Here set out the residential address and occupation of the Respondent)

(c) Delete as may be appropriate

2. (c) The Applicant is the Mother/Father (c) of the Infant(s) named in the title hereto.

(c) Delete as may be appropriate

OR

2. (c) The Applicant was by Deed/Will/Order of the Court (c) made the  day of   19  , appointed as Guardian of the Infant(s) named in the title hereto.

(c) Delete as may be appropriate

3. (c) The Respondent is the Father/Mother (c) of the Infant(s) named in the title hereto

(c) Delete as may be appropriate

OR

3. (c) The Respondent was by Deed/Will/Order of the Court (c) made the day of  19  , appointed as guardian of the Infant(s) named in the title hereto.

(c) Delete as may be appropriate

4. (d) the said              was born on the day of    19 .

(d) Here set out the full names and date of birth of each infant in respect of which the Application is made.

5. (Here set out in further numbered paragraphs the grounds relied upon in making the Application sought).

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at       an Answer in the form prescribed by the Rules of the Circuit Court.

AND TAKE NOTICE that the said application will be mentioned before the Court on the      day of      19 , and shall be heard on that day or such date as the Court may fix for the hearing thereof.

FORM NO. 3.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of       in    the      County of  hereby applies to the Court sitting at      , pursuant to section 5 (1) (a) of the above Act for an Order that the Respondent do make to the Applicant periodic payments for the support of (a) the Applicant and each of the dependent children of the family for such period during the lifetime of the Applicant of such amount and at such times as the Court may consider proper and for an Order providing for the costs of this Application.

(a) Delete the words "the Applicant and" where no claim is made on behalf of the Applicant.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1. (Here set out residential address and occupation of Applicant).

2. (Here set out residential address and occupation of Respondent).

(b) Here identify the Church or Registry Office at which the marriage ceremony was performed.

3. The Applicant was on the    day of    married to the Respondent at (b)

(b) Here identify the Church or Registry Office at which the marriage ceremony was performed.

4. (Here set out the names and dates of birth of all children of the marriage).

5. (Here set out the nature of the failure to maintain the Applicant and/or the dependent children of the family).

AND TAKE NOTICE that this Application will be mentioned before the Court on the     day of   19  , or on the first available day thereafter and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

AND TAKE NOTICE that if you intend to dispute the Applicant's Claim you must within four days of the service of this Application on you file with the County Registrar in the  Circuit  Court  Office  at                 an

Answer in the form prescribed by the Rules of the Circuit Court.

Dated the     day of  19 

FORM NO. 4.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of       in   the County of      hereby applies to the Court sitting at       , pursuant to section 5 (1) (b) of the above Act for an Order that the Respondent do make to the Applicant periodic payments for the support of each of the following dependent children of the marriage of the Respondent with X Y, namely, (here set out names of dependent children),

for such period during the lifetime of the Respondent of such amounts and at such times as the Court may consider proper and for an Order providing for the cost of this Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1. (Set out address and occupation or description of Applicant).

2. (Here set out address and occupation of Respondent).

3. (Here set out date and place of marriage of Respondent, if known).

4. (Here set out names and dates of birth of all children of the Respondent's marriage).

5. (Here set out nature of failure to maintain dependent children).

AND TAKE NOTICE that this Application will be mentioned  before the Court on  the    day of     or on the first available day thereafter and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at       an answer in the form prescribed by the Rules of the Circuit Court.

Dated the           day of         19

FORM NO. 5.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of     in the County of      hereby applies to the Court Sitting at           , pursuant to * section 6 (1) (a)/section 6 (1) (b) of the above Act for an Order * discharging/varying a Maintenance Order made the    day of        19   by the Court ordering the Applicant/Respondent * to (here set out the full effect of the Order)

*Delete whichever is inapplicable.

AND TAKE NOTICE that the applicant will rely upon the following matters in support of the Application:

(Here set out in full grounds to be relied upon).

AND TAKE NOTICE that this Application will be mentioned before the Court on the      day of    19  or on the first available day thereafter* and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

* Omit the words "or on the first available day thereafter" where the Application is made in Dublin.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at       an answer in the form prescribed by the Rules of the Circuit Court.

Dated the        day of         19

FORM NO. 6.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of     in the County of hereby applies to the Court sitting at          pursuant to Section 3 (1) of the above Act for an Order adjudging the Respondent to be the putative father of     , child of the Applicant born the       day of    and for an Order that the Respondent do pay the expenses incidental to the birth of such child (and (where that child has died before Order) the funeral expenses of the said       who died on the day of     19  ) and for an Order directing the Respondent to pay to the Applicant periodical sum at the rate of £    per week or such sum as the Court shall deem fit for the maintenance and education of the said child and to provide for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1. On the   day of    19  and/or (where appropriate) on various dates between the      day of    19  and the   day of      19  the Applicant and the Respondent who are not married to each other had sexual intercourse.

2. On the      day of        the Applicant gave birth to the said child as a result of the said intercourse.

3. The Respondent is the father of the said child.

4. The Respondent has failed and/or refused to acknowledge that he is the father of the said child.

AND TAKE NOTICE that the Application will be mentioned before the Court on the       day of      19  and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at      an answer in the form prescribed by the Rules of the Circuit Court.

Dated the        day of         19

FORM NO. 7.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of        in the County of     hereby applies to the Court sitting at         pursuant to Section 5 (1) of the above Act for an Order varying the Order of the court made the          day of       as follows:

1. Increasing * / Decreasing the amount of such periodical sum;

* Delete whichever is inappropriate.

2. Changing the person to whom such periodical sum is payable;

3. Varying all or any of the conditions relating to the payment or receipt of such periodical sum (give details)

And providing for the costs of this Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application: (Here set out grounds relied upon).

AND TAKE NOTICE that the said Application will be mentioned by the Court on the        day of      19    and shall be heard on that day or such date as the Court may fix for the hearing thereof.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim you must within four days of the service of this Application on you file with the County Registrar at the Circuit Court Office at        an answer in the form prescribed by the Rules of the Circuit Court.

Dated the          day of        19

FORM NO. 8.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE  NOTICE  that  the  Respondent       of        in the County of        disputes the claims made in the Application made pursuant to Section 12 of the above Act to the extent indicated hereunder:

The said Application was served upon the Respondent on the       day of       19  .

AND TAKE NOTICE that the Respondent will rely upon the following matters in disputing the Applicant's said claims: (Here set out in numbered paragraphs the grounds of disputing the Applicant's claim. Indicate clearly the extent (if any) to which the Applicant's claim or claims are admitted. If the Respondent relies upon different grounds in disputing the Applicant's claims to different items of property, clearly identify, by reference to the details set out in the Appendix to the Application of the Applicant, the items of property of the claims to which the said grounds are intended to relate).

Dated the    day of    19 

FORM NO. 9.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that  the Respondent of       in the County of       disputes the claim in the Application made pursuant to Section       of the above Act which Application was served on the Respondent on the     day of

AND TAKE NOTICE that the Respondent will rely upon the following matters in disputing the Applicant's said claim: (Here set out, in numbered paragraphs, the grounds upon which the Applicant's claim is disputed.)

Dated the        day of         19

FORM NO. 10

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the Respondent     of        in the County of          disputes the claim in the Application made pursuant to Section    of the above Act which Application was served on the Respondent on the    day of

AND TAKE NOTICE that the Respondent will rely on the following matters in disputing the Applicant's said claim: (Here set out in numbered paragraphs the grounds upon which the Applicant's claim is disputed)

Dated the        day of       19

FORM NO. 11.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the Respondent of       in the County of     disputes the claim in the Application made pursuant to section 3 (1)/section 5 (1)* of the above Act which Application was served on the Respondent on the    day of   

*Delete whichever is inappropriate.

AND TAKE NOTICE that the Respondent relies upon the following matters in disputing the Applicant's said claim: (Here set out in numbered paragraphs the grounds upon which the Applicant's claim is disputed.)

Dated the        day of       19

FORM NO. 12.

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

You are hereby required within ten days from the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his Office at             , an Appearance to answer the claim of           , in the County of                the Plaintiff herein for an Order for Divorce a mensa et thoro.

AND TAKE NOTICE that unless you do enter an Appearance, you will be held to have admitted the said claim and application may be made to the Court in your absence for an Order for Divorce a mensa et thoro against you.

AND FURTHER TAKE NOTICE that if you intend to defend the Proceedings on any grounds you must not only enter an Appearance as aforesaid but also within ten days after Appearance deliver a statement in writing showing the nature and grounds of your defence.

The Appearance and Defence may be entered by posting the same to the said Office and giving copies thereof to the Plaintiff or his Solicitor by Post.

Dated the         day of       19

INDORSEMENT OF CLAIM

1. The Plaintiff was on the        day of    lawfully married to the Defendant at the Church of         at     

2. The Plaintiff and the Defendant are respectively domiciled in Ireland and were at the date of the marriage domiciled in

3. After the marriage the Plaintiff lived and cohabited with the Defendant at             (and  at     )     and there were       children of the marriage.

4. *On the      day of       and other days between that day and        the Defendant at                      in the County of       and at other places at present unknown particularly to the Plaintiff committed adultery with E.F.

*(Complete 4. if adultery is alleged)

5. **During the months of        and     the Defendant frequently visited the said E.F. at          and on various of such occasion committed adultery with the said E.F.

**(Complete 5. if adultery is alleged and if relevant)

6. (Insert here any other grounds which may be relied upon for Divorce a Mensa et Thoro setting out in detail the grounds relied upon.)

7. The Plaintiff resides at

and the Defendant resides at

The Plaintiff's claim is for:

A. An Order for Divorce a Mensa et Thoro.

B. The Payment by the Defendant to the Plaintiff of alimony.

C. Further and other relief.

EXPLANATORY NOTE

These rules, which came into effect on 28 May, 1982 provide for the procedures to be followed in applications under the Married Women's Status Act, 1957 , the Guardianship of Infants Act, 1964 , the Illegitimate Children (Affiliation Orders) Act, 1930 and the Family Law (Maintenance of Spouses and Children) Act, 1976 and in proceedings for divorce a mensa et thoro.