S.I. No. 159/1991:

CIRCUIT COURT RULES (No. 1) OF 1991.

CIRCUIT COURT RULES (No. 1) OF 1991.

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 (Supplementary 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 this 15th day of April, 1991.

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

Dated this 21st day of June, 1991.

RAY BURKE,

Minister for Justice.

S.I. No. 159 of 1991

CIRCUIT COURT RULES (No. 1) OF 1991.

1. These Rules may be cited as the Circuit Court Rules (No. 1), 1991 and shall come into operation on the 1st day of August, 1991.

2. The Order 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 Judicial Separation and Family Law Reform Act, 1989 .

1. In this Order "the Act" means the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989).

Saver of existing and past applications.

2. All applications made or proceedings taken before these Rules shall have come into opertion 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.

Venue.

3. An application 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.

Form of Application.

4. All proceedings under this Order shall be instituted by the issue out of the office of an originating Application. All Applications shall contain an Endorsement of Claim and numbered paragraphs setting out the matters relied upon by the Applicant and specifying the relief sought and shall be in accordance with the form set out at Appendix 1 hereto.

5. An application shall be dated and bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by his Solicitor, if any, or if the party has no solicitor, by himself.

Procedure on Application on Circuits other than Dublin.

6. This Rule shall not apply to Dublin. Every Application shall be returned which shall be the date of commencement of the next sittings of the Circuit Court for the county in question and shall be served so as to give the Respondent at least 10 clear days notice of the Application before the return date.

Procedure for Application on Dublin Circuit.

7. This Rule shall apply only to the Dublin Circuit. Every Application shall state the date upon which the Application shall be returned, and shall be served so as to give the Respondent at least 10 days notice of the Application before the return date.

Filing and entry.

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

Service.

9. All Applications shall be served by sending a copy of same by pre-paid 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 18 years. Service by post shall be deemed to have been effected 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.

Appearance.

10. If the Respondent intends to contest an Application he shall enter an Appearance in the Office within 10 days of service on him of the Application and serve a copy of the Appearance on the Applicant's Solicitors or where appropriate the Applicant.

Answer.

11. A Respondent shall at the same time as entering an Appearance, or within 10 days thereafter, serve an Answer setting out the grounds upon which the Respondent contests the Applicant's claim.

Provision for statement of means.

12. In cases where financial relief is sought under the Act, each party shall within 10 days of the service of the Respondent's Answer exchange Affidavits entitled "Statement of Means" setting out details of all income received, and assets owned by such party. If a party fails to supply a Statement of Means in such time or such further time as may be permitted by the Court, then such party shall not be entitled to pursue or defend such claim for financial relief, unless permitted by the Court.

Fixing of Hearing Date.

13. 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 hearing of the Application and may give such directions as he may deem expedient relating to the said Application and to the hearing thereof. 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.

Evidence.

14. Save where the Court directs otherwise, every Application under this Order shall be heard on oral evidence.

Interim and Interlocutory Applications.

15. An Application for Preliminary Orders under the Act or any other interlocutory relief shall be by Notice of Motion. In any case where the Court is satisfied that the delay caused by proceeding by Motion on Notice under this Order would or might entail serious harm or mischief, the Court may make an Order ex-parte upon such service as it shall consider just.

Costs.

16. 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.

APPENDIX I

THE CIRCUIT COURT

Record No.

DRAFT ENDORSEMENT OF CLAIM

1. The Applicant was on the  day of      lawfully married to the Respondent at

2. After the marriage the Applicant lived and co-habited with the Respondent at

3. There are    children of the marriage.

4. (Here set out grounds relied upon for Order of Judicial Separation.)

5. (If relief pursuant to Married Womans Status Act 1957 is sought.) Disputes have arisen between the Applicant and the Respondent herein as to the title to or as to the possession of each of the items of property described in the Appendix attached hereto. The Applicant claims to be entitled to the said property to the extent indicated in the said Appendix upon the grounds set out in the said Appendix.

6. (Here set out the grounds for any other relief sought e.g. Property Adjustment Order; Order extinguishing succession rights; Order for sale of property etc.)

And the Applicant Claims.

(a) A Decree of Judicial Separtion;

(b) (Insert specific relief sought).

APPENDIX

EXPLANATORY NOTE.

These Rules which come into operation on 1 August 1991 provide for procedures in relation to making applications to the Circuit Court under the Judicial Separation and Family Law Reform Act, 1989 .