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District Court Rules and Forms Updates

District Court Rules, 1997 and Forms – Updated to 1 January 2024

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Note: SI nos listed here links directly to its respective page on the “Irish Statute Book”. Order and rules referenced link to its location where the changes occurred by the SI.

 Statutory Amendments 2023

SI Nos Amendments Commencement Date
561/23 Order 24, rule 7 24 November 2023
457/23 Forms:- Schedule B: (substituted) 34.15, 34.16 22 September 2023
418/23 Schedule of Costs 25 August 2023

 Statutory Amendments 2022

SI Nos Amendments Commencement Date
479/22 Fees Order: Sch Part 4, ref 7 28 September 2022
34/22 Fees Order: rule 4C 26 January 2022

 Statutory Amendments 2021

SI Nos Amendments Commencement Date
534/21 Fees Order: rule 4C 22 October 2021
444/21 Fees Order: rule 4A, rule 4B 30 August 2021
262/21 Order 38 (substituted);
Order 96D (added);
Forms:- Schedule B: (substituted) 38.15, 38.16, 38.17, 38.18, 38.19, 38.20, 38.21;
(added) 38.16A, 38.16B;
Schedule C: (added) 96D.1, 96D.2, 96D.3
2 June 2021
202/21 Order 41B: title, rule 1(2), rule 22, rule 23, rule 35;
Order 57 (substituted)
Forms:- Schedule C: (substituted) 41B.14, 41B.15;
(added) 41B.20
5 May 2021
147/21 Order 50: rule 1, rule 2, rule 4, rule 7(3), rule 9(5);
Forms:- Schedule C: (substituted) 50.01
6 April 2021
63/21 Order 66 (substituted);
Forms:- Schedule C: (substituted) 66.1, 66.2, 66.3, 66.4, 66.5, 66.6
25 February 2021

 Statutory Amendments 2020

SI Nos Amendments Commencement Date
499/20 Order 31 (substituted);
Order 37, rule 37(9);
Forms:- Schedule B: (substituted) 31.5, 31.12, 31.13, 31.14, 31.15
10 November 2020
498/20 Order 41, rule 21 10 November 2020
497/20 Order 51: rule 1, rule 14, rule 15;
Order 93, rule 3(4)-(7);
Order 93C, rule 2(13);
Order 99A, rule 15(3);
Forms:- Schedule C: (added) 51.01;
(deleted) 93.8
10 November 2020
496/20 Order 36, rule 1 10 November 2020
439/20 District Court (Fees) Order: rule 4A, rule 4B; 23 October 2020
434/20 Order 58 (substituted);
Forms:- Schedule C: (added) 58.54, 58.55
22 October 2020
431/20 Order 93C (substituted); 22 October 2020
284/20 Order 40F (added);
Order 99C (deleted and replaced by Order 40F);
Forms:- Schedule C: (deleted) 99C.1, 99C.2, 99C.3, 99C.4;
(added) 40F.01, 40F.02, 40F.03, 40F.04
12 August 2020

 Statutory Amendments 2019

SI Nos Amendments Commencement Date
423/19 Order 40, rule 10;
Order 39, rule 5(3)
2 September 2019
421/19 Order 46: rule 9, rule 10, rule 11, rule 12, rule 13, rule 14, rule 15 2 September 2019
327/19 Order 40A, rule 6 1 August 2019
226/19 Order 24 19 June 2019
225/19 Order 27: rule 5(1), rule 6(2), rule 10(1) 19 June 2019
145/19 Order 11, rule 1 15 April 2019
79/19 Order 59;
Order 61A, rule 4;
Forms:- Schedule C: (substituted) 59.1, 59.2, 59.3, 59.4, 59.5, 59.6, 59.7, 59.8, 59.9, 59.10, 59.11, 59.12, 59.13, 59.14, 59.15, 59.16, 61A.1;
(added) 59.17, 59.18, 59.19
15 March 2019

 Statutory Amendments 2018

SI Nos Amendments Commencement Date
566/18 Order 68 (revised);
Order 72, rule 2;
Order 76, rule 3;
Forms:- Schedule C: (added) 68.5A, 68.11
9 January 2018
565/18 Order 20, rule 3 9 Janaury 2018
480/18 Order 34, rule 7;
Forms:- Schedule B: (substituted) 34.15, 34.16
14 December 2018
471/18 Order 41A, rule 6 10 December 2018
315/18 Order 53B;
Forms:- Schedule C: (deleted) 53B.01
2 September 2018
235/18 Order 97;
Forms:- Schedule C: (added) 97.19, 97.20
3 August 2018
167/18 Order 12, rule 10 10 June 2018
69/18 Order 93C (added) 23 March 2018
9/18 Order 39, rule 5;
Order 40A, rule 10(4);
Order 49B (revised);
Order 53, rule 1;
Order 58, rule 9;
Forms:- Schedule C: (added) 39.03, 49B.01
22 January 2018

 Statutory Amendments 2017

SI Nos Amendments Commencement Date
405/17 New: Order 52;
Order 101, rule 1
2 October 2017
102/17 Order 40A, rule 5(2) 24 April 2017
77/17 Order 5 15 March 2017

 Statutory Amendments 2016

SI Nos Amendments Commencement Date
567/16 Order 31 (revised);
Order 37, rule 15 (added);
Forms:- Schedule B: (substituted) 31.1, 31.2, 31.5;
(added) 31.1A, 31.1B, 31.12, 31.13, 31.14, 31.15, 37.41, 37.42
22 December 2016
513/16 Order 40, rule 4(5);
Order 40A, rule 3(3)
8 November 2016
506/16 Order 99A (revised);
Forms:- Schedule C: (added) 99A.15, 99A.16
21 October 2016
252/16 Forms:- Schedule B: (substituted) 34.37, 34.38 16 June 2016
149/16 Order 19, rule 6;
Order 26, rule 4;
Forms:- Schedule B: (substituted) 19.1, 28A.15;
Schedule C: (substituted) 66.4
3 May 2016
123/16 Schedule: 3. Solicitors’ costs in landlord and tenant (ejectment) proceedings 31 March 2016
82/16 Forms:- Schedule B: (substituted) 34.47 25 February 2016
19/16 Order 23 (revised);
Order 25, rule 2;
Forms:- Schedule B: (substituted) 23.1, 23.2, 23.3, 23.4, 23.5, 23.6, 23.7, 23.8, 23.9, 23.10, 23.11, 23.12, 23.13, 25.5, 30.1
18 January 2016
17/16 Order 54 (revised);
Order 54A (revised);
Order 57 (revised);
Order 58 (revised);
Order 98, rule 1;
Forms:- Schedule C: (substituted) 57.3, 57.6, 57.7, 57.8, 58.1, 58.2, 58.3, 58.4, 58.6, 58.11, 58.13, 58.17, 58.18;
(added) 54.30, 54.31, 54.32, 54.33, 58.30, 58.31, 58.32, 58.33, 58.34, 58.35, 58.36, 58.37, 58.38, 58.39, 58.40, 58.41, 58.42, 58.43, 58.44, 58.45, 58.46, 58.47, 58.48, 58.49, 58.50, 58.51, 58.52, 58.53;
(deleted) 58.5, 58.15, 58.16
18 January 2016

 Statutory Amendments 2015

SI Nos Amendments Commencement Date
256/15 Order 93B (added);
Forms:- Schedule C: (added) 93B.1, 93B.2, 93B.3
1 July 2015
143/15 Order 84: rule 1, term “Agency”, rule 2(4-6), rule 3(2), rule 5, rule 6, rule 9, rule 14, rule 16, rule 19(1), rule 27, the substitution of “the Agency” for “the Executive”:- rule 7(1), rule 10(1), rule 13, rule 18, rule 19(2), rule 21A(1-5), rule 21A(8), rule 21A(10)(b), rule 21B(1), rule 24, rule 25(1-2), rule 26(1), rule 28, rule 30(1), the substitution of “the Agency” for “the Health Service Executive” in each place where that reference appears:- rule 27A(1), the substitution of “the Agency” for “the Health Service Executive”:- rule 27A(2), the substitution of “the Agency” for “the Executive”, and the substitution of “the Agency” for “that Executive”:- rule 32, the substitution of “the Agency” for “the applicant Executive”:- rule 15(1), the substitution of “the Agency” for “the respondent Executive”:- rule 17(1);
Forms:- Schedule C: 84.1 to 84.67, referenced to “Agency” as defined in Order 84, rule 1
11 May 2015
141/15 Order 61A (revised) 11 May 2015

 Statutory Amendments 2014

SI Nos Amendments Commencement Date
599/14 Order 40A: rule 3(1); rule 13(2) 31 December 2014
598/14 Order 12: rule 4A; rule 4B; rule 9A; rule 16;
Order 45E, rule 3;
31 December 2014
596/14 Forms:- Schedule B: (substituted 17.6, 17.7, 17.12A, 17.12B, 24.3, 24.4, 24.5, 24.6, 24.7, 27.10, 27.11, 27.12;
Schedule C: (substituted 40.02
31 December 2014
409/14 Order 38: rule 17; rule 18(5) 6 October 2014
22/14 District Court Fees Order 2014 3 February 2014
17/14 Interpretation of Terms;
Order 8, rule 3;
Order 9 (deleted);
Order 10; Order 12; Order 39;
Order 39A (deleted);
Order 40; Order 40A; Order 40B; Order 40C; Order 40D; Order 40E; Order 41; Order 41A; Order 41B; Order 42; Order 42A; Order 43 (substituted); Order 44 (substituted); Order 45 (substituted); Order 45A; Order 45B; Order 45C; Order 45D; Order 45E; Order 46;
Order 46A (deleted);
Order 46B (deleted);
Order 46C (deleted);
Order 47; Order 47A; Order 47B; Order 48; Order 49 (substituted); Order 49A (added); Order 49B (added); Order 50 (substituted); Order 51 (substituted); Order 51A (added); Order 51B (added); Order 51C (added);
Order 52 [updated by SI 405/17];
Order 53; Order 53A; Order 53B [updated by SI 315/18];
Order 53C (deleted);
Order 62 (deleted);
Order 99 (deleted);
Order 100 (deleted);
Schedule of Costs;
Forms:- Schedule C: (added) 39.01, 39.02, 40.01, 40.02, 40.03, 40A.01, 40A.02, 40A.03, 40A.04, 40A.05, 40A.06, 40A.07, 40A.08, 40B.01, 40C.01, 40D.01, 40D.02, 40E.01, 41.01, 41.02, 41.03, 41B.01, 41B.02, 41B.03, 41B.04, 41B.05, 41B.06, 41B.07, 41B.08, 41B.09, 41B.10, 41B.11, 41B.12, 41B.13, 41B.14, 41B.15, 41B.16, 41B.17, 41B.18, 41B.19, 42.01, 42.02, 42.03, 42.04, 42.05, 42.06, 42.07, 42.08, 42A.01, 42A.02, 42A.03, 43.01, 43.02, 43.03, 43.04, 44.01, 44.02, 45.01, 45.02, 45.03, 45.04, 45B.01, 45D.01, 45D.02, 45D.03, 45D.04, 46.01, 47.01, 47.02, 47.03, 47.04, 47.05, 47.06, 47.07, 47B.01, 49.01, 49.02, 49.03, 49.04, 49.05, 49.06, 49.07, 49.08, 49.09, 50.01, 51A.01, 51A.02, 51A.03, 51A.04, 51A.05, 51A.06, 51A.07, 51A.08, 51A.09, 51B.01, 51B.02, 51B.03, 51B.04, 51C.01, 53A.01, 53A.02, 53A.03, 53A.04, 53B.01, 53B.02; (deleted) 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 39.1 to 53C.6, 62.1 to 62.21, 62.22 to 62.25, 99.1;
Schedule D: (deleted) 100.1, 100.2, 100.3, 100.4, 100.5, 100.6
3 February 2014

 Statutory Amendments 2013

SI Nos Amendments Commencement Date
311/13 Order 55 (deleted);
Order 62 (revised);
Forms:- Schedule C: (substituted) 62.1, 62.2, 62.3, 62.4, 62.4A, 62.5, 62.6, 62.7, 62.8, 62.19, 62.20; added Form 62.5A;
(deleted) Forms 55.1, 55.2, 55.3, 55.4, 55.5, 55.6, 55.7, 55.8, 55.9, 55.10, 55.11, 55.12, 55.13, 55.14, 55.15, 55.16, 55.17, 55.18, 55.19, 55.20, 55.21, 55.22, 55.23, 55.24, 55.25
26 August 2013
306/13 Order 54, rule 9;
Order 57 (revised);
Forms:- Schedule C: (substituted) 57.1, 57.2, 57.3, 57.4, 57.5, 57.6, 57.7, 57.8, 57.9, 57.10, 57.11, 57.12, 57.13, 57.14, 57.15, 57.16
26 August 2013
241/13 District Court (Fees) Order 2013 – Latest revision by SI 22/14 10 July 2013
99/13 Interpretation of Term – “Court Service”;
Order 12B (added);
Forms:- Schedule C: (added) 12B.1
8 April 2013

 Statutory Amendments 2012

SI Nos Amendments Commencement Date
286/12 Forms:- Schedule C: (substituted) 59.1, 59.3 15 August 2012
285/12 Order 10 (revised);
Forms:- Schedule B: (substituted) 10.1, 10.2, 10.3, 10.4, 27.7;
Schedule C: (substituted) Form 53.2
15 August 2012
108/12 District Court (Fees) Order – Latest revision by SI 22/14 10 April 2012
39/12 Order 23, rule 4;
Forms:- Schedule B: (added) 23.7;
Schedule C: (added) 55.1, 58.4, 58.5, 58.6, 58.18, 59.1, 59.2, 59.3, 59.4, 59.6, 59.8, 62.5, 96.11, 96C.2, 96C.5, 99A.6
26 February 2012

 Statutory Amendments 2011

SI Nos Amendments Commencement Date
653/11 Order 34, rules 25;
Order 38, rules 16-18;
Forms:- Schedule B: (added) 34.58, 34.59, 38.22, 38.23, 38.24, 38.25
4 January 2012
585/11 Order 19, rule 2(5)(a);
Order 24, rule 7(1);
Order 31: title, rule 1, rule 4, rule 5, rule 24 (deleted by substitution of Order 31 by SI 499/20);
Forms:- Schedule B: (substituted) 19.2;
(added) 31.10, 31.11, 34.56, 34.57
10 December 2011
536/11 Order 23, rules 12-14;
Order 34, rule 23;
Order 96B (revised);
Schedule B: 23.2 renumbered as 23.6;
(added) 23.3, 23.4, 23.5, 34.54, 34.55;
Schedule C: (added) 96B.4, 96B.5, 96B.6, 96B.7
11 November 2011
414/11 Order 54A;
Schedule C: (added) 54A.1, 54A.2, 54A.3, 54A.4, 54A.5
31 Augist 2011
408/11 District Court Fees Order 2011 – Latest revision by SI 22/14 22 August 2011
301/11 Order 62: title, rules 30-41 [This order is deleted by SI 17/14];
Forms:- Schedule C: (added) 62.22, 62.23, 62.24, 62.25
18 July 2011
154/11 Order 23A: rule 3, rule 7;
Schedule B: (added) 23A.2A;
(substituted) 23A.3, 23A.4, 23A.5, 23A.9
28 April 2011
1/11 Forms:- Schedule C: (substituted) 72.4 9 February 2011

 Statutory Amendments 2010

SI Nos Amendments Commencement Date
557/10 Order 15, rule 6 23 December 2010
421/10 Order 31B;
Forms:- Schedule B: 31B.10, 31B.11, 31B.12, 31B.13
29 September 2010
360/10 Forms:- Schedule B: 34A.1, 34A.2, 34A.3, 34A.4, 34A.5, 34A.6, 34A.7, 34A.8, 34A.9, 34A.10, 34A.11, 34A.12, 34A.13, 34A.14, 34A.15 22 July 2010
325/10 Order 54, rule 9;
Order 57;
Order 62, rule 12(3) [This order is deleted by SI 17/14];
Forms:- Schedule C: 55.1, 57.1, 57.2, 57.3, 57.4, 57.5, 57.6, 57.7, 57.8, 57.9, 57.10, 57.11, 57.12, 57.13, 57.14, 62.5
8 July 2010
314/10 Order 34A (added);
Forms:- Schedule B: (added) 34A.1, 34A.2, 34A.3, 34A.4, 34A.5, 34A.6, 34A.7, 34A.8, 34A.9, 34A.10, 34A.11, 34A.12, 34A.13, 34A.14, 34A.15
22 July 2010
260/10 Order 16: rule 8(1), rule 8(2); Order 18: rule 5(3), rule 5(4), rule 5(5), rule 7, rule 8, rule 9;
Order 20, rule 2(3);
Order 27: rule 6(3) (deleted), rule 8, rule 9, rule 10;
Order 28A, rule 8(1);
Forms:- Schedule B: (substituted) 16.2, 18.2A, 18.2B, 27.9, 27.12, 28A.14, 28A.15, 28A.16;
(amended) 20.6, 20.7
1 July 2010
162/10 Order 93A;
Forms:- Schedule C: 93A.1, 93A.2, 93A.3, 93A.4, 93A.5, 93A.6, 93A.7, 93A.8
17 May 2010
129/10 Order 53;
Forms:- Schedule C: 53.1, 53.2, 53.3, 53.4, 53.5, 53.6, 53.7, 53.8, 53.9, 53.10, 53.11, 53.12, 53.13 to 53.18 [Forms 53.1 to 53.18 of Sch 2 are substitued for Forms 53.1 to 53.12 of Sch C]
8 April 2010
94/10 Order 21: Title, rule 3, rule 4, rule 5;
Order 31A: Title, rule 1, rule 4;
Order 34: rule 21, rule 22;
Forms:- Schedule B: (added) 21.8, 21.9, 31A.3, 31A.4, 34.45, 34.46, 34.47, 34.48, 34.49, 34.50, 34.51, 34.52, 34.53
5 April 2010
33/10 Order 12, rule 27 [updated by SI 17/14];
Order 14 (substituted);
Order 17: rule 10, rule 14;
Order 18, rule 2;
Order 24, rule 5;
Order 31: rule 4, rule 5;
Forms:- Schedule B: (amended) 17.4, 17.5, 17.6, 17.7, 17.12, 17.14, 17.15, 17.16, 17.18, 31.3, 31.4;
(added) 17.12A, 17.12B, 17.19
1 March 2010

 Statutory Amendments 2009

SI Nos Amendments Commencement Date
581/09 Interpretation of Terms: Clerk 11 January 2010
519/09 Order 53A;
Forms:- Schedule B: 53A.1, 53A.2, 53A.3, 53A.4
11 January 2010
367/09 Order 11: rule 1 (Service Regulation), rule 6(c);
Order 62: rule 1 (Service Regulation), rule 4(1), rule 5(5) [deleted by SI 17/14];
Forms:- Schedule C: 62.1, 62.2, 62.3, 62.4, 62.5, 62.7, 62.8
8 October 2009
174/09 Order 68;
Order 71;
Order 72;
Forms:- Schedule C: 68.1, 68.2, 68.3, 68.4, 68.5, 68.6, 68.7, 68.8, 68.9, 68.10, 71.1, 72.1, 72.2, 72.3, 72.4
25 May 2009
106/09 Order 23: rule 12, rule 13; Order 33, rule 8;
Order 34, rule 20;
Order 39, rule 16 [deleted by SI 17/14];
Forms:- Schedule B: 23.2, 34.43, 34.44
24 April 2009
105/09 Order 17, rule 4(2);
Order 18, rule 5(4);
Order 28A: rule 8(3), rule 8(6);
Forms:- Schedule B: (added) 18.2A, 18.2B;
(substituted) 18.4;
(deleted) 17.3
24 April 2009
92/09 Order 35, rule 1;
Forms:- Schedule B: (deleted) 35.1, 35.3, 35.4
23 March 2009

 Statutory Amendments 2008

SI Nos Amendments Commencement Date
583/08 Order 53C;
Forms:- Schedule C: 53C.1, 53C.2, 53C.3, 53C.4, 53C.5, 53C.6
1 January 2009
498/08 Order 22, rule 5 29 December 2008
469/08 Order 61A: title, rule 2;
Order 84, rule 27A;
Forms:- Schedule C: 84.53A, 84.53B, 84.53C, 84.53D
16 December 2008
322/08 Order 34: rule 1(1), rule 1(3), rule 17, rule 18, rule 19;
Forms:- Schedule B: 34.1, 34.1A, 34.2A, 34.2C, 34.2D, 34.37, 34.38, 34.39, 34.40, 34.41, 34.42
8 September 2008
202/08 Fees Order 7 July 2008
41/08 Order 13, rule 1;
Order 14, rule 5(3);
Order 17: rule 4(1), rule 5, rule 11, rule 12, rule 13;
Order 18: rule 1, rule 5(1), rule 5(3), rule 5(4), rule 5(5), rule 7, rule 8, rule 9, rule 10, rule 11, rule 13, rule 14, rule 15;
Order 27: rule 2, rule 6(3), rule 8, rule 9, rule 10;
Order 31: rule 2, rule 3;
Order 101, rule 4;
Forms:- Schedule B: 17.2, 18.1, 18.2, 18.3, 18.4, 18.8, 19.1, 19.2, 20.3, 20.4, 20.5, 24.2, 24.9, 24.10, 24.19, 26.1, 27.2, 27.6B, 27.9, 27.10, 27.11, 31.1, 31.2, 17.13, 17.14, 17.15, 17.16, 17.17, 17.18, 27.12;
(deleted) 17.10;
Schedule D: (deleted) 101.4, 101.5, 101.6
19 March 2008
25/08 Order 28A, rule 8;
Forms:- Schedule B: 28A.14, 28A.15, 28A.16, 28A.17
12 March 2008

 Statutory Amendments 2007

SI Nos Amendments Commencement Date
727/07 Order 23A;
Schedule B: (added) 23A.1, 23A.2, 23A.3, 23A.4, 23A.5, 23A.6, 23A.7, 23A.8, 23A.9, 23A.10
22 November 2007
564/07 Order 97, rule 5;
Forms:- Schedule C: (substituted) 97.16, 97.17, 97.18;
(deleted) 97.19, 97.20, 97.21
24 August 2007
418/07 Schedule B: Form 15.2 1 August 2007
408/07 Order 96C: title, rule 7;
Forms:- Schedule B: 37.30, 37.31, 37.32, 37.33, 37.34, 37.35, 37.36, 37.37, 37.38, 37.39, 37.40, 37.3, 37.4, 37.5, 37.6, 37.9, 37.23;
(deleted) 37.7, 37.10;
Schedule C: 96C.4, 96C.5, 96C.6
27 July 2007
314/07 Order 96C;
Forms:- Schedule C: (added) 96C.1, 96C.2, 96C.3
20 July 2007
313/07 Order 30, rule 3(3) 20 July 2007
203/07 Order 13, rule 1;
Order 14, rule 7;
Order 17, rule 10;
Order 26: rule 2, rule 7;
Order 28A (added);
Order 31: title, rule 1 (the Act of 2006), rule 8, rule 9, rule 10; Order 100, rule 7 [deleted by SI 17/14];
Schedule B: (added) 17.11, 17.12, 28A.1, 28A.2, 28A.3, 28A.4, 28A.5, 28A.6, 28A.7, 28A.8, 28A.9, 28A.10, 28A.11, 28A.12, 28A.13, 31.7, 31.8, 31.9;
(substituted) 17.5, 17.8, 17.9, 31.1, 31.2
31 May 2007
152/07 Order 37, rule 3;
Forms:- Schedule B: 37.1, 37.1A
26 April 2007
97/07 Order 84A;
Forms:- Schedule C: 84A.1, 84A.2, 84A.3, 84A.4, 84A.5, 84A.6, 84A.7, 84A.8
2 April 2007
82/07 Order 53A 27 March 2007
73/07 Schedule B, Form 22.2 22 March 2007
19/07 Order 100, rule 6 [deleted by SI 17/14];
Forms:- Schedule D: 100.5, 100.6
21 February 2007

 Statutory Amendments 2006

SI Nos Amendments Commencement Date
545/06 Order 23, rule 13;
Order 96B;
Forms:- Schedule B: (added) 23.2;
Schedule C: (added) 96B.1, 96B.2, 96B.3
20 November 2006
544/06 Order 28: rule 6, rule 7, rule 8;
Schedule B: (added) 28.5, 28.6, 28.7
20 November 2006
398/06 Order 102, rule 12 25 August 2006
397/06 Order 83, rule 12 25 August 2006
396/06 Forms:- Schedule C: (added) 47.9 25 August 2006
314/06 Order 97, rule 7;
Forms:- Schedule C: (added) 97.23, 97.24
19 June 2006
263/06 Order 99B;
Forms:- Schedule C: (added) 99B.1, 99B.2
20 June 2006
238/06 Order 16, rule 5 (deleted) 1 June 2006
209/06 Order 100, rule 5 [deleted by SI 17/14];
Forms:- Schedule D: (added) 100.3, 100.4
22 May 2006
162/06 Order 82, rule 3;
Forms:- Schedule C: (added) 82.3
9 May 2006
161/06 Order 83: rule 1, rule 12;
Forms:- Schedule C: (added) 83.9, 83.10
8 May 2006
149/06 Order 24, rule 11 1 May 2006
133/06 Order 99A: rule 6, rule 7(1)(d), rule 11(2)(b) [substituted by SI 506/16];
Forms:- Schedule C: (added) 99A.1, 99A.2, 99A.3, 99A.4, 99A.5, 99A.6, 99A.7, 99A.8, 99A.9, 99A.10, 99A.11, 99A.12, 99A.13, 99A.14
19 April 2006
47/06 Order 38: rule 4, rule 5, rule 6, rule 7, rule 8;
Forms:- Schedule B: (added) 38.4, 38.5, 38.6, 38.7, 38.8, 38.9
24 February 2006
5/06 Order 84: rule 1, rule 2, rule 21, rule 21A, rule 21B;
Forms:- Schedule C: (added) 84.40A, 84.40B, 84.40C, 84.40D, 84.40E, 84.40F, 84.40G, 84.40H, 84.40I, 84.40J, 84.40K, 84.40L, 84.40M, 84.40N, 84.40O, 84.40P, 84.40Q, 84.40R, 84.40S; substituted Forms 84.41, 84.42, 84.43;
in Forms 84.1 to 84.40 inclusive, the words “Judge of the Children Court” shall be substituted for the words the “Judge of the District Court” wherever those words appear.
7 February 2006
4/06 Order 53A: rule 1, rule 3, rule 7 7 February 2006
2/06 Order 53B;
Forms:- Schedule C: (added) 53B.1, 53B.2, 53B.3, 53B.4, 53B.5, 53B.6, 53B.7
7 February 2006

 Statutory Amendments 2005

SI Nos Amendments Commencement Date
704/05 Forms:- Schedule B: (substituted) 27.7 7 December 2005
703/05 Order 38, rule 2(7);
Forms:- Schedule B: (substituted) 38.12, 38.13
7 December 2005
687/05 Order 38, rule 10;
Forms:- Schedule B: (added) 38.16, 38.17, 38.18, 38.19, 38.20, 38.21
1 December 2005
635/05 Order 11: rule 1, rule 6(c), rule 7, rule 8, rule 9(1), rule 10(1), rule 11, rule 12;
Order 62;
Forms:- Schedule C: (substituted) 62.1, 62.2, 62.3, 62.4, 62.4A, 62.5, 62.6, 62.7, 62.8
1 November 2005
259/05 Order 71, rule 1;
Order 80, rule 10;
Order 83, rule 7(2);
Forms:- Schedule C: (added) 71.1, 80.5, 80.6
3 June 2005
258/05 Order 7, rule 5(1);
Order 12A;
Order 41, rule 2(3) [deleted by SI 17/14]
3 June 2005
257/05 Order 10, rule 13(2) [deleted by SI 17/14];
Order 12: rule 1, rule 3(1), rule 25 [updated by SI 17/14];
Order 39: rule 2, rule 4(3A) [updated by SI 17/14];
Order 39A [deleted by SI 17/14];
Order 41: rule 2(1A), rule 5(3A) [updated by SI 17/14];
Order 45, rule 7 [updated by SI 17/14];
Order 62, rule 5(4A) [updated by SI 17/14];
Forms:- Schedule C: (added) 39A.1, 39A.2, 39A.3, 39A.4, 39A.5, 39A.6, 39A.7
3 June 2005
256/05 Order 61A;
Forms:- Schedule C: (added) 61A.1
3 June 2005
202/05 Order 59, rule 6;
Forms:- Schedule C: (substituted) 59.5, 59.6
6 April 2005
201/05 Order 24: rule 7(1), rule 10 6 April 2005
200/05 Order 11, rule 2(h) 6 April 2005
199/05 Order 38, rule 5;
Forms:- Schedule B: (added) 38.14, 38.15
6 April 2005
198/05 Order 83, rule 9 (deleted) 6 April 2005
167/05 Order 15;
Forms:- Schedule B: 15.2
12 April 2005
121/05 Order 53A, rule 1(3) 18 March 2005
119/05 Order 16, rule 8; Order 34, rule 15;
Forms:- Schedule B: (added) 16.2, 16.3, 34.33, 34.34
2 April 2005
80/05 Order 101: rule 6, rule 11 18 March 2005

 Statutory Amendments 2004

SI Nos Amendments Commencement Date
700/04 Order 34, rule 16;
Order 96A;
Forms:- Schedule B: (added) 34.35, 34.36;
Schedule C: (added) 96A.1, 96A.2
14 November 2004
666/04 Order 37: rule 13, rule 14;
Forms:- Schedule B: (added) 37.27, 37.28, 37.29
3 November 2004
586/04 Order 38: rule 2(7), rule 2(8), rule 2(9) (deleted);
Schedule B: (substituted) 38.12, 38.13
6 October 2004
539/04 Order 37;
Order 84, rule 12;
Forms:- Schedule B: (substituted) 37.1, 37.2, 37.8;
(added) 37.16, 37.17, 37.18, 37.19, 37.20, 37.21, 37.22, 37.23, 37.24, 37.25, 37.26
14 October 2004
535/04 Forms:- Schedule B: (substituted) 27.6B, 27.7, 27.8 9 October 2004
534/04 Order 90A;
Forms:- Schedule C: (added) 90A.1, 90A.2
9 October 2004
526/04 Order 7, rule 6A;
Order 39, rule 4(1A) [deleted by SI 17/14];
Order 46C [deleted by SI 17/14];
Order 53, rule 18 [deleted by SI 17/14];
Forms:- Schedule C: (added) 7.6, 46C.1, 46C.2
8 September 2004
446/04 Fees Order 2004 1 August 2004
411/04 Order 31B (added);
Order 34, rule 14;
Order 99C;
Forms:- Schedule B: (added) 31B.1, 31B.2, 31B.3, 31B.4, 31B.5, 31B.6, 31B.7, 31B.8, 31B.9, 34.30, 34.31, 34.32;
Schedule C: (added) 99C.1, 99C.2, 99C.3, 99C.4
30 July 2004

 Statutory Amendments 2003

SI Nos Amendments Commencement Date
614/03 Forms:- Schedule C: (substituted) 54.5, 54.6, 54.7, 54.8 11 December 2003
484/03 Order 101: rule 1, rule 4, rule 5 17 November 2003
412/03 Order 34, rule 1;
Forms:- Schedule B: (added) 34.1, 34.2A, 34.2B, 34.2C; Schedule B: (deleted) 34.1, 34.2
9 October 2003
411/03 Forms:- Schedule B: (added) 27.6B;
(substituted) 27.7, 27.8
9 October 2003
410/03 Order 53A: rule 1, rule 3, rule 7, rule 16 9 October 2003
409/03 Order 99B: rule 5, rule 6;
Forms:- Schedule C: (added) 99B.3, 99B.4
9 October 2003
283/03 Order 38: rule 2(7), rule 2(8);
Forms:- Schedule B: (substituted) 38.12, 38.13
24 July 2003
87/03 Fees Order 2003 10 March 2003

 Statutory Amendments 2002

SI Nos Amendments Commencement Date
207/02 Order 34: rule 7(2), rule 7(3);
Forms:- Schedule B: (substituted) 34.15, 34.16
13 June 2002
206/02 Order 38, rule 4;
Forms:- Schedule B: (added) 38.4, 38.5
13 June 2002

 Statutory Amendments 2001

SI Nos Amendments Commencement Date
487/01 Fees Order (No 2) 2001 1 January 2002
448/01 Forms:- Schedule B: (added) 17.8, 17.9 1 October 2001
253/01 Fees Order 2001 16 July 2001
194/01 Order 14: rule 1, rule 3, rule 5, rule 6;
Order 17: rule 5, rule 9;
Order 18: rule 3, rule 5, rule 6, rule 10;
Order 19, rule 6(3);
Order 20;
Order 24;
Order 27: rule 8, rule 9, rule 10;
Forms:- Schedule B: (added) 17.8, 17.9, 17.10, 18.9, 18.10;
(substituted) 14.1, 18.1, 18.2, 18.3, 18.4, 18.6, 18.8, 19.1, 19.2, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 24.1, 24.2, 24.3, 24.4, 24.5, 24.6, 24.7, 24.8, 24.9, 24.10, 24.11, 24.12, 24.13, 24.14, 24.15, 24.16, 24.17, 24.18, 24.19, 24.20, 26.1, 27.9, 27.10, 27.11
1 October 2001

 Statutory Amendments 2000

SI Nos Amendments Commencement Date
238/00 Order 38, rule 2(7);
Forms:- Schedule B: (substituted) 38.12, 38.13
25 August 2000
196/00 Order 46B, rule 6 [deleted by SI 17/14];
Forms:- Schedule C: (added) 46B.1, 46B.2
27 July 2000
166/00 Order 17: rule 7, rule 8;
Forms:- Schedule B: (added) 17.4, 17.5, 17.6, 17.7
12 June 2000

 Statutory Amendments 1999

SI Nos Amendments Commencement Date
286/99 Order 9, rule 1 [deleted by SI 17/14];
Order 45;
Forms:- Schedule C: (ammended) 45.1, 45.2, 45.3, 45.4, 45.5, 45.6, 45.7, 45.8
27 September 1999
285/99 Order 46A [deleted by SI 17/14];
Forms:- Schedule C: (added) 46A.1, 46A.2, 46A.3, 46A.4
27 September 1999
234/99 Order 38: rule 2(7), rule 2(8), rule 2(9) [order substituted by SI 262/21];
Forms:- Schedule B: (added) 38.12, 38.13
3 August 1999
218/99 Order 47: rule 14, rule 15 [order substituted by SI 17/14] 26 July 1999
217/99 Order 99A;
Forms:- Schedule C: (added) 99A.1, 99A.2, 99A.3, 99A.4, 99A.5, 99A.6, 99A.7, 99A.8, 99A.9, 99A.10, 99A.11, 99A.12, 99A.13
26 July 1999
216/99 Order 34, rule 11;
Forms:- Schedule B: (added) 34.24, 34.25
26 July 1999
191/99 Order 53A;
Forms:- Schedule C: (added) 53A.1, 53A.2, 53A.3, 53A.4
1 July 1999
126/99 Order 51, rule 6A [order substituted by SI 17/14];
Schedule of Costs
21 May 1999
125/99 Order 58: rule 1, rule 4(1)(a), rule 4(1)(b)-(d) (deleted), rule 4(2), rule 4(3), rule 4(4), rule 4(5)(i), rule 4(5)(ii), rule 5, rule 6, rule 7, rule 8, rule 9, rule 11 [order substituted by SI 434/20];
Forms:- Schedule C: (substituted) 58.1, 58.2, 58.3, 58.4, 58.5, 58.6, 58.7, 58.8, 58.9, 58.10, 58.11, 58.12, 58.13, 58.14, 58.15, 58.16, 58.17, 58.18, 58.19, 58.20, 58.21, 58.22, 58.23, 58.24, 58.25, 58.26, 58.27, 58.28, 58.29
21 May 1999
124/99 Order 46B;
Forms:- Schedule C: (added) 46B.1, 46B.2
21 May 1999

 Statutory Amendments 1998

SI Nos Amendments Commencement Date
201/98 Forms:- Schdeule C: (substituted) 59.6 26 June 1998
170/98 Order 38: rule 2(4), rule 2(5), rule 2(6);
Forms:- Schedule B: (added) 38.10, 38.11
9 June 1998
123/98 Order 77, rule 4 28 April 1998
89/98 Forms:- Schedule B: (ammended) 29.5 1 April 1998
42/98 Order 54: rule 1, rule 15, rule 16, rule 17, rule 18;
Order 56: rule 1, rule 3;
Order 60, rules 11-15;
Forms:- Schedule C: (ammended) 54.1, 54.2, 54.5, 54.6, 54.7, 54.8, 54.10, 54.12, 54.22, 54.23, 54.24, 54.25, 54.26, 54.27, 54.28, 54.29, 55.3, 55.4, 55.12, 55.13, 55.15, 55.16, 56.1, 56.2, 56.3, 56.4, 58.7, 58.17, 60.9, 60.10, 60.11, 60.12, 60.13, 60.14, 60.15, 60.16, 60.17, 60.18, 60.19
15 March 1998
41/98 Order 17: rule 3, rule 4(1);
Order 19: rule 1, rule 2, rule 6;
Order 24, rule 1;
Order 25: rule 1, rule 11;
Order 35, rule 1(2);
Order 38, rules 4-8;
Forms:- Schedule B: (substituted) 19.1, 20.3, 20.5, 24.7;
(added) 38.4, 38.5, 38.6, 38.7, 38.8, 38.9
15 March 1998

 Statutory Amendments 1997

SI Nos Amendments Commencement Date
369/97 Fees Order 1997 1 October 1997
93/97 District Court Rules, 1997
Orders 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 31A, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102;
Forms:- Sch B: 2.1, 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 14.1, 15.1, 15.2, 15.3, 16.1, 17.1, 17.2, 17.3, 18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8, 19.1, 19.2, 19.3, 19.4, 20.1, 20.2, 20.3, 20.4, 20.5, 21.1, 21.2, 21.3, 21.4, 21.5, 21.6, 21.7, 22.1, 22.2, 22.3, 22.4, 23.1, 24.1, 24.2, 24.3, 24.4, 24.5, 24.6, 24.7, 24.8, 24.9, 24.10, 24.11, 24.12, 24.13, 24.14, 24.15, 24.16, 24.17, 24.18, 24.19, 24.20, 24.21, 24.22, 24.23, 24.24, 24.25, 24.26, 24.27, 24.28, 24.29, 24.30, 24.31, 24.32, 24.33, 24.34, 24.35, 24.36, 24.37, 25.1, 25.2, 25.3, 25.4, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10, 26.1, 26.2, 26.3, 26.4, 27.1, 27.2, 27.3, 27.4, 27.5, 27.6, 27.7, 27.8, 28.1, 28.2, 28.3, 28.4, 29.1, 29.2, 29.3, 29.4, 29.5, 29.6, 29.7, 29.8, 29.9, 29.10, 29.11, 29.12, 29.13, 29.14, 29.15, 30.1, 30.2, 30.3, 30.4, 30.5, 30.6, 31.1, 31.2, 31.3, 31.4, 31.5, 31.6, 31A.1, 31A.2, 32.1, 32.2, 32.3, 32.4, 32.5, 32.6, 32.7, 32.8, 32.9, 32.10, 33.1, 33.2, 33.3, 33.4, 33.5, 33.6, 33.7, 33.8, 33.9, 33.10, 33.11, 33.12, 33.13, 34.1, 34.2, 34.3, 34.4, 34.5, 34.6, 34.7, 34.8, 34.9, 34.10, 34.11, 34.12, 34.13, 34.14, 34.15, 34.16, 34.17, 34.18, 34.19, 34.20, 34.21, 34.22, 34.23, 35.1, 35.2, 35.3, 35.4, 37.1, 37.2, 37.3, 37.4, 37.5, 37.6, 37.7, 37.8, 37.9, 37.10, 37.11, 37.12, 37.13, 37.14, 37.15, 37.16, 37.17, 37.18, 38.1, 38.2, 38.3;
Sch C: 7.1, 7.2, 7.3, 7.4, 7.5, 39.1, 39.2, 39.3, 39.4, 39.5, 39.6, 39.7, 39.8, 39.9, 39.10, 41.1, 41.2, 41.3, 42.1, 42.2, 42.3, 42.4, 42.5, 44.1, 45.1, 45.2, 45.3, 45.4, 45.5, 45.6, 45.7, 45.8, 45.9, 45.10, 45.11, 45.12, 45.13, 45.14, 45.15, 45.16, 46.1, 46.2, 46.3, 46.4, 46.5, 46.6, 47.1, 47.2, 47.3, 47.4, 47.5, 47.6, 47.7, 47.8, 47.9, 48.1, 48.2, 48.3, 49.1, 49.2, 49.3, 49.4, 49.5, 49.6, 49.7, 49.8, 50.1, 50.2, 50.3, 51.1, 53.1, 53.2, 53.3, 53.4, 53.5, 53.6, 53.7, 53.8, 53.9, 53.10, 53.11, 53.12, 54.1, 54.2, 54.3, 54.4, 54.5, 54.6, 54.7, 54.8, 54.9, 54.10, 54.11, 54.12, 54.13, 54.14, 54.15, 54.16, 54.17, 54.18, 54.19, 54.20, 54.21, 55.1, 55.2, 55.3, 55.4, 55.5, 55.6, 55.7, 55.8, 55.9, 55.10, 55.11, 55.12, 55.13, 55.14, 55.15, 55.16, 55.17, 55.18, 55.19, 55.20, 55.21, 55.22, 55.23, 55.24, 55.25, 56.1, 56.2, 56.3, 56.4, 56.5, 56.6, 56.7, 56.8, 56.9, 56.10, 57.1, 57.2, 57.3, 57.4, 57.5, 57.6, 57.7, 57.8, 57.9, 57.10, 57.11, 57.12, 57.13, 57.14, 57.15, 57.16, 58.1, 58.2, 58.3, 58.4, 58.5, 58.6, 58.7, 58.8, 58.9, 58.10, 58.11, 58.12, 58.13, 58.14, 58.15, 58.16, 58.17, 58.18, 58.19, 58.20, 58.21, 58.22, 58.23, 58.24, 58.25, 58.26, 59.1, 59.2, 59.3, 59.4, 59.5, 59.6, 59.7, 59.8, 59.9, 59.10, 59.11, 59.12, 59.13, 59.14, 59.15, 60.1, 60.2, 60.3, 60.4, 60.5, 60.6, 60.7, 60.8, 61.1, 61.2, 61.3, 61.4, 62.1, 62.2, 62.3, 62.4, 62.5, 62.6, 62.7, 62.8, 62.9, 62.10, 62.11, 62.12, 62.13, 62.14, 62.15, 62.16, 62.17, 62.18, 62.19, 62.20, 62.21, 63.1, 63.2, 65.1, 65.2, 65.3, 65.4, 65.5, 65.6, 65.7, 65.8, 65.9, 65.10, 65.11, 65.12, 65.13, 65.14, 66.1, 66.2, 66.3, 66.4, 66.5, 66.6, 66.7, 66.8, 67.1, 67.2, 68.1, 68.2, 68.3, 68.4, 68.5, 68.6, 68.7, 68.8, 69.1, 69.2, 69.3, 69.4, 69.5, 69.6, 69.7, 69.8, 69.9, 69.10, 70.1, 70.2, 70.3, 70.4, 72.1, 72.2, 72.3, 72.4, 73.1, 73.2, 73.3, 74.1, 74.2, 75.1, 75.2, 76.1, 77.1, 77.2, 77.3, 77.4, 77.5, 78.1, 79.1, 80.1, 80.2, 80.3, 80.4, 82.1, 82.2, 83.1, 83.2, 83.3, 83.4, 83.5, 83.6, 83.7, 83.8, 84.1, 84.2, 84.3, 84.4, 84.5, 84.6, 84.7, 84.8, 84.9, 84.10, 84.11, 84.12, 84.13, 84.14, 84.15, 84.16, 84.17, 84.18, 84.19, 84.20, 84.21, 84.22, 84.23, 84.24, 84.25, 84.26, 84.27, 84.28, 84.29, 84.30, 84.31, 84.32, 84.33, 84.34, 84.35, 84.36, 84.37, 84.38, 84.39, 84.40, 84.41, 84.42, 84.43, 84.44, 84.45, 84.46, 84.47, 84.48, 84.49, 84.50, 84.51, 84.52, 84.53, 84.54, 84.55, 84.56, 84.57, 84.58, 84.59, 84.60, 84.61, 84.62, 84.63, 84.64, 84.65, 84.66, 84.67, 85.1, 85.2, 86.1, 86.2, 86.3, 86.4, 86.5, 87.1, 87.2, 87.3, 88.1, 88.2, 88.3, 88.4, 88.5, 88.6, 88.7, 88.8, 89.1, 89.2, 89.3, 89.4, 89.5, 89.6, 89.7, 89.8, 89.9, 89.10, 89.11, 89.12, 89.13, 89.14, 89.15, 89.16, 90.1, 91.1, 91.2, 91.3, 91.4, 91.5, 91.6, 91.7, 92.1, 92.2, 92.3, 92.4, 92.5, 93.1, 93.2, 93.3, 93.4, 93.5, 93.6, 93.7, 93.8, 93.9, 93.10, 93.11, 93.12, 93.13, 95.1, 95.2, 95.3, 95.4, 95.5, 95.6, 95.7, 95.8, 95.9, 95.10, 95.11, 96.1, 96.2, 96.3, 96.4, 96.5, 96.6, 96.7, 96.8, 96.9, 96.10, 96.11, 96.12, 96.13, 96.14, 96.15, 96.16, 97.1, 97.2, 97.3, 97.4, 97.5, 97.6, 97.7, 97.8, 97.9, 97.10, 97.11, 97.12, 97.13, 97.14, 97.15, 97.16, 97.17, 97.18, 97.19, 97.20, 97.21, 97.22, 97.23, 98.1, 98.2, 99.1;
Sch D: 100.1, 100.2, 101.1, 101.2, 101.3, 101.4, 101.5, 101.6, 101.7, 102.1, 102.2, 102.3, 102.4, 102.5, 102.6
1 May 1997

District Court Fees: Schedule of Costs

SCHEDULE OF COSTS

1. Solicitors’ costs in civil debt claims

Amount due at date of issue of the claim notice If amount due is paid within ten days of service of claim notice If amount due is not paid within ten days of service of claim notice
 
Not exceeding €3,000 78 130
Exceeding €3,000 and not exceeding €6,000 156 260
Exceeding €6,000 and not exceeding €9,000 234 390
Exceeding €9,000 and not exceeding €12,000 312 520
Exceeding €12,000 and not exceeding €15,000 390 650
The above scale of costs (1) is in every instance exclusive of and in addition to all actual and necessary outlay.
If the claim notice is defended the costs of the successful party are in accordance with the contract, breach of contract and tort scale for assessment of damages.

2. Solicitors’ costs in contract, breach of contract and tort proceedings and in claims for damages unconnected with contract

Amount due at the date of issue of claim notice or, (as the case may be) the amount decreed for debt Costs if settled without necessity for appearance Costs of judgment (decree) if case not defended Costs of judgment (decree) if case defended (assessment of damages) Costs of judgment (decree/dismiss) if case defended (liability)
 
Not exceeding €3,000 300 500 650 750
Exceeding €3,000 and not exceeding €6,000 600 1,000 1,300 1,500
Exceeding €6,000 and not exceeding €9,000 900 1,500 1,950 2,250
Exceeding €9,000 and not exceeding €12,000 1,200 2,000 2,600 3,000
Exceeding €12,000 and not exceeding €15,000 1,500 2,500 3,250 3,750
The above scale of costs (2):
—is in every instance exclusive of and in addition to all actual and necessary outlay; applies to actions for wrongful detention brought by virtue of section 33(3) of the Courts (Supplemental Provisions) Act 1961, according to the value of the goods as determined by the Court; applies to actions for wrongful detention arising out of a hire-purchase transaction.

3. Solicitors’ costs in landlord and tenant (ejectment) proceedings

Annual Rent Costs if settled without necessity for appearance Costs of judgment (decree) if case not defended Costs of judgment (decree) if case defended (assessment of damages) Costs of judgment (decree/ dismiss) if case defended (liability)
 
Not exceeding €3,000 180 300 390 450
Exceeding €3,000 and not exceeding €6,000 360 600 780 900
Exceeding €6,000 and not exceeding €9,000 540 900 1,170 1,350
Exceeding €9,000 and not exceeding €12,000 720 1,200 1,560 1,800
Exceeding €12,000 and not exceeding €15,000 900 1,500 1,950 2,250
The above scale of costs (3):
—is in every instance exclusive of and in addition to all actual and necessary outlay;
— does not apply to ejectment proceedings brought before the Court by summons pursuant to section 15 of the Summary Jurisdiction (Ireland) Act 1851; section 10 of the Summary Jurisdiction (Ireland) Amendment Act 1871 or sections 81, 84, 85 and 86 of the Landlord and Tenant (Ireland) Act 1860 — in such proceedings costs shall be in the discretion of the Court and shall not exceed €110 in any case unless the Court shall, for special reason, otherwise order;
— applies to ejectment proceedings brought before the Court on civil summons pursuant to section 82 of the Civil Bill Courts (Ireland) Act 1851 as applied to the District Court by section 17 of the Courts of Justice Act 1928.

[SI 123/16]

4. Solicitors’ costs in proceedings under the Enforcement of Court Orders Acts 1926 to 2009

Costs in relation to Instalment Orders
Amount due
Not exceeding €3,000 150
Exceeding €3,000 and not exceeding €6,000 300
Exceeding €6,000 and not exceeding €9,000 450
Exceeding €9,000 and not exceeding €12,000 600
Exceeding €12,000 and not exceeding €15,000 750
Exceeding €15,000 825
or such greater amount as the Court thinks proper
The above scale of costs (4) is in every instance exclusive of and in addition to all actual and necessary outlay.

5. Solicitors’ costs in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982

Amount of compensation awarded or, in case of dismiss, amount of compensation claimed Costs if case not defended Costs if case defended
 
Not exceeding €3,000 441 735
Exceeding €3,000 and not exceeding €6,000 882 1,470
Exceeding €6,000 and not exceeding €9,000 1,323 2,205
Exceeding €9,000 and not exceeding €12,000 1,764 2,940
Exceeding €12,000 and not exceeding €15,000 2,205 3,675
The above scale of costs (5) is in every instance exclusive of and in addition to all actual and necessary outlay.

6. Solicitors’ costs in proceedings for recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982

Annual rent Costs if settled without necessity for appearance Costs if case not defended Costs if case defended Costs of judgment for respondent (dismiss)
 
Not exceeding €3,000 113 270 450 450
Exceeding €3,000 and not exceeding €6,000 225 540 900 900
Exceeding €6,000 and not exceeding €9,000 338 810 1,350 1,350
Exceeding €9,000 and not exceeding €12,000 450 1,080 1,800 1,800
Exceeding €12,000 and not exceeding €15,000 563 1,350 2,250 2,250
The above scale of costs (6) is in every instance exclusive of and in addition to all actual and necessary outlay.

7. Solicitors’ costs, where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer

Amount of compensation claimed Costs
 
Exceeding €125 and not exceeding €250 15
Exceeding €250 and not exceeding €750 90
Exceeding €750 and not exceeding €1,400 140
Exceeding €1,400 230
The above scale of costs (7) is in every instance exclusive of and in addition to all actual and necessary outlay.

8. Solicitors costs in summary proceedings for the recovery of rates

Amount sued for Costs if settled without necessity for appearance Costs after hearing
 
Not exceeding €1,100 26 52
Exceeding €1,100 and not exceeding €2,200 33 66
Exceeding €2,200 and not exceeding €3,300 55 110
Exceeding €3,300 and not exceeding €5,500 66 132
Exceeding €5,500 and not exceeding €11,000 87.50 175
Exceeding €11,000 110 220
or such other amount as the Court thinks proper
The above scale of costs (8) is in every instance exclusive of and in addition to all actual and necessary outlay.

9. Miscellaneous additional charges

 
Interim applications on notice (to include all Notices of Motion) 500
Applications under section 63 of the Civil Liability Act 1961 600
Rulings in respect of Injuries Board offers(e.g. minors) 1,000
Each additional respondent (separately represented) 500

10. Solicitors’ costs in consent proceedings to which section 4(c) of the Courts Act 1991 relates

Where proceedings of the kind mentioned in paragraph A of section 77 of the Courts of Justice Act 1924 are brought before the District Court and:

(i) the amount claimed in the proceedings exceeds €15,000, and,

(ii) pursuant to the proviso to section 77A of the Courts of Justice Act 1924 (inserted by section 4(c) of the Courts Act 1991), the necessary parties to the proceedings sign the prescribed form of consent, and

(iii) the Court in determining the proceedings awards an amount in excess of €15,000,

the successful party may be allowed costs in accordance with the foregoing scales 1 to 9 in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000.

Where the proceedings are dismissed, the defendant may be allowed costs similarly calculated on the amount claimed.

11. Solicitors’ costs in actions transferred from the High Court or the Circuit Court

(1) Where an action, other than an action to which paragraph (2) relates, has been remitted or transferred to the District Court:

(a) by the High Court pursuant to section 25 of the Courts of Justice Act 1924, or

(b) by the Circuit Court pursuant to section 15(1) of the Courts Act 1991,

and the Court, in determining the matter, makes an order in favour of the claimant, the claimant may not recover any greater costs than the appropriate costs as set out in the above scales which he or she would have been entitled to recover if the action had originally been commenced in the District Court.

If the claimant fails to prove the claim, the respondent is entitled, in addition to any costs which may be allowed to him or her under the above scales, to a minimum sum of €100.00 or such greater sum as the Judge may in the circumstances consider proper.

Where an action so remitted or transferred is an action for unliquidated damages and the Court, pursuant to section 15(2) of the Courts Act 1991 (as amended by section 20 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013), makes an order awarding to a party to the action an amount in excess of €15,000 but not exceeding €30,000, the successful party may be allowed costs in accordance with the above scales in respect of the first €15,000 of the award and, in addition, a sum which represents 5% of the amount by which the award exceeds €15,000. Where such an action is dismissed, the respondent may be allowed costs similarly calculated on the amount claimed.

12. Schedule of outlays

Miscellaneous outlays to include postage, photocopying, registered post, fax and sundries to be allowed in accordance with Order 53, rule 2.

Amount due at the date of issue of claim notice

—(in the case of debt claims)

—(in the case of Instalment Orders)

Amount awarded

—(in cases of contract, breach of contract and tort proceedings and in claims for damages unconnected with contract)

Annual rent

—(in the case of landlord and tenant (ejectment) proceedings begun by claim notice)

—(in proceedings for the recovery of possession under section 16 of the Housing (Private Rented Dwellings) Act 1982)

Amount of compensation awarded

—(in proceedings for compensation under section 15 of the Housing (Private Rented Dwellings) Act 1982)

Amount of compensation claimed

—(in cases under the Malicious Injuries Acts 1981 and 1986)

Amount sued for

—(in summary proceedings for the recovery of rates)

Not exceeding €5,000 €50 plus VAT
Exceeding €5,000 and not exceeding €10,000 €100 plus VAT
Exceeding €10,000 and not exceeding €15,000 €150 plus VAT

13. Counsel’s Fees

(1) in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract (2) in any defended case of ejectment for overholding or non-payment of rent (3) where awarded under the Malicious Injuries Acts 1981 and 1986 to a respondent or to or against a ratepayer

To the claimant’s counsel when the amount recovered, or to the respondent’s counsel when the amount claimed, in any defended case of contract, breach of contract, tort and claims for damages unconnected with contract—

To the claimant’s or respondent’s counsel when the annual rent in any defended case of ejectment for overholding or non-payment of rent—

When the amount of compensation claimed under the Malicious Injuries Acts 1981 and 1986—

 
Exceeds €2,000 and does not exceed €3,000 500
Exceeds €3,000 and does not exceed €4,000 550
Exceeds €4,000 and does not exceed €5,000 600
Exceeds €5,000 and does not exceed €7,000 750
Exceeds €7,000 and does not exceed €9,000 800
Exceeds €9,000 and does not exceed €11,000 850
Exceeds €11,000 and does not exceed €13,000 950
Exceeds €13,000 and does not exceed €15,000 1,050

[SI 17/14]

District Court Fees (Amendment) Order 2021

DISTRICT COURT FEES (AMENDMENT) ORDER 2021

[SI 34/22; SI 444/21; SI 22/14]

(Commencement: 3 February 2014)

1. (1) This Order may be cited as the District Court (Fees) (Amendment) Order 2021.

(2) This Order shall come into operation on 30 August 2021.

2. There shall be charged in the offices of the District Court, in respect of each item specified in column (1) of each Part of the Schedule, the fee set out in column (2) of the Part concerned opposite the mention of that item.

3. No fee shall be payable under this Order in—

(a) any family law proceedings, other than in respect of the item specified, at reference number 3, in column (1) of Part 1 of the Schedule,

(b) any matrimonial cause or matter, or

(c) proceedings brought by the Health Service Executive in any matter relating to minors.

4. (1) No fee shall be payable under this Order by, or on behalf of—

(a) the Attorney General, in proceedings to which he or she is a party,

(b) the Director of Public Prosecutions, in proceedings to which he or she is a party,

(c) a member of the Garda Síochána, in proceedings for an offence brought by the member concerned,

(d) a Minister of the Government, in proceedings brought by the Minister of the Government concerned,

(e) the Revenue Commissioners, in proceedings brought by them,

(f) a local authority, in proceedings under the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975), or

(g) a probation and welfare officer, in proceedings under the Probation of Offenders Act, 1907 or the Criminal Justice (Community Service) Act, 1983 and 2011.

(2) No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by—

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(c) a local State Solicitor acting in that capacity.

(3) No fee shall be payable under this Order in respect of a witness called to give evidence in proceedings to which this Article applies by or on behalf of a person to whom this Article applies.

4A. Notwithstanding Article 2, no fee shall be payable under this Order in the year 2021 in respect of the items specified in column (1) of Part 4 of the Schedule at the following reference numbers:

(a) 4 (On an application for a certificate of transfer of a licence);

(b) 8 (On an application for a General Exemption Order);

(c) 16a (On an application for a restaurant certificate or a limited restaurant certificate);

(d) 18 (On an application for a certificate of registration of a club);

(e) 22 (On an application for any other public dancing licence);

(f) 23 (On an application for a music and singing licence).

[SI 444/21; SI 439/20]

4B. Notwithstanding Article 2, no fee shall be payable under this Order in the year 2021 in respect of the item specified, at reference number 5 (On the issue of a certificate of renewal of a licence), in column (1) of Part 4 of the Schedule where the licence in respect of which the certificate of renewal is issued is a spirit retailer’s on-licence.

[SI 444/21; SI 439/20]

4C. Notwithstanding Article 2, no fee shall be payable under this Order in respect of the item specified in column (1) of Part 4 of the Schedule, at reference number 7, where the application is for a special exemption order that, if granted, would –

(a) have effect on or after 26 January 2022, and

(b) expire, in accordance with section 5(5) of the Intoxicating Liquor Act, 1927 (No 15 of 1927), on or before 1 May 2022.

[SI 34/22; SI 534/21]

4C. Notwithstanding Article 2, no fee shall be payable under this Order in respect of the item specified in column (1) of Part 4 of the Schedule, at reference number (7), where the application is for a Special Exemption Order that has effect at any time during the period beginning on 22 October 2021 and ending on 31 December 2021.

[SI 534/21]

5. The District Court (Fees) Order 2014 (SI No 241 of 2013) is revoked.

Schedule

Part 1: General

Part 2: Civil Proceedings

Part 3: Enforcement Of Court Orders Proceedings

Part 4: Licensing Matters

Part 5: Appeals To Circuit Court Other That Appeals In Criminal Cases

Part 6: Cases Stated

Part 7: Proceedings Under Housing (Private Rented Dwellings) Act, 1982

Part 8: Appeals Under Betting Act, 1931

Part 9: Small Claims Procedure

SCHEDULE

[SI 22/14]

PART 1

General

  Item (1) Fee (2)
1 On the issue of a summons (including a summons issued by a Local Authority under the Housing Acts) against one defendant or against several joint defendants or for the attendance of one or more witnesses €15.00
2 On obtaining a copy of an information, a certified copy of an order, signed entry or other document €15.00
3 On obtaining a second or subsequent copy order in family law proceedings, in respect of each such copy €15.00
4 On an application for the removal of a disqualification order €55.00
5 On an application for an order, or on a notice of appeal to the District Court €25.00 (no fee shall be payable for an extension of time for payment of a fine or for an appeal to the Circuit Court)

PART 2

Civil Proceedings

  Item (1) Fee (2)
1 On the issue of any document initiating civil proceedings for —  
  (i) a claim consisting solely of a liquidated claim not exceeding €5,000.00 on the date of issue of the document, €25.00
  (ii) a claim consisting solely of a liquidated claim greater than €5,000.00 but not exceeding €10,000.00 on the date of issue of the document, €70.00
  (iii) a claim consisting solely of a liquidated claim greater than €10,000.00 on the date of issue of the document, €80.00
  (iv) all other claims or applications. €80.00
2 On lodging any affidavit (other than an affidavit under Order 47 of the District Court Rules 1997) €15.00
3 On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum €15.00
4 On the issue of a notice of motion otherwise not specifically provided for €15.00
5 On the issue of a notice of application for compensation under the Malicious Injuries Act, 1981 €15.00
6 On a certificate at the foot of a memorandum for the registration of a decree €15.00
7 On the filing of every counterclaim or set off €15.00
8 On an application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority €20.00
9 On every judgment by default entered in the office (including affidavits)  
  (i) judgment for a liquidated sum not exceeding €5,000.00, €25.00
  (ii) judgment for a liquidated sum greater than €5,000.00 but not exceeding €10,000.00, €70.00
  (iii) judgment for a liquidated sum greater than €10,000.00 €80.00

PART 3

Enforcement of Court Orders Proceedings

  Item (1) Fee (2)
1 On the issue of a summons for attendance of a debtor €15.00
2 On the issue of a summons for committal in default of payment or of a variation summons €15.00

PART 4

Licensing Matters

  Item (1) Fee (2)
1 On an application for a declaration under section 15(1) of the Intoxicating Liquor Act, 1960 €150.00
2 On an application for a certificate for the grant of a spirit grocers or a retail beer dealers licence –  
  (a) consequent on a declaration of intention to apply for a certificate, €150.00
  (b) in any other case €150.00
3 On an application for an interim transfer of a licence or an endorsement under s 28 of the Intoxicating Liquor Act, 1960 €150.00
4 On an application for a certificate of transfer of a licence €150.00
5 On the issue of a certificate of renewal of a licence €150.00
6 On an application for a certificate for the grant of a new wholesale beer dealers licence €150.00
7 On an application for a Special Exemption Order €150.00
8 On an application for a General Exemption Order €150.00
9 On an application for an occasional licence €150.00
9a On an application under s 23 of the Intoxicating Liquor Act, 2000 for the licensing of an Authorised Event at a racecourse or greyhound track €150.00
10 On an application for an order under s 19 of the Intoxicating Liquor Act, 1960 €150.00
10a On an application for an order under s 20(2) of the Intoxicating Liquor Act, 2000 €150.00
10b On an application for an order under s 20(3) of the Intoxicating Liquor Act, 2000 €150.00
11 On an application for a certificate under s 27 of the Intoxicating Liquor Act, 1960 €150.00
12 On an application for an order under s 10 of the Intoxicating Liquor Act, 1962 €750.00
13 On an application for an authorisation under s 14 of the Intoxicating Liquor Act, 1962 €150.00
14 On an application for an order under s 16 of the Intoxicating Liquor Act, 1962 €150.00
15 On an application for an order under s 17 of the Intoxicating Liquor Act, 1962 €150.00
16 On an application for a declaration under s 16 of the Intoxicating Liquor Act, 1960 €150.00
16a On an application for a restaurant certificate or a limited restaurant certificate €150.00
17 On an application for a declaration under s 15(2) of the Intoxicating Liquor Act, 1960 €150.00
18 On an application for a certificate of registration of a club €150.00
19 On an application for an authorisation for an extension of club hours €150.00
20 On inspecting the Licensing Register or Clubs Register €35.00
21 On an application for a public dancing licence for a period not exceeding one month €150.00
22 On an application for any other public dancing licence €335.00
23 On an application for a music and singing licence €150.00
24 On an application for a certificate for a gaming licence €150.00
25 On an application for a certificate of qualification to carry on the business of auctioneer or house agent €150.00
26 On an application for a lottery licence under s 28 of the Gaming and Lotteries Act, 1956 €150.00
27 On an application for any other order, declaration, certificate or licence in licensing matters €150.00
28 On lodging a notice of objection to the renewal of an Intoxicating Liquor Licence €35.00

[SI 479/22]

PART 5

Appeals to Circuit Court other than Appeals in Criminal Cases

  Item (1) Fee (2)
1 On lodgement with the Clerk of the District Court of the notice of appeal €25.00

PART 6

Cases Stated

  Item (1) Fee (2)
1 On delivery of a case stated €25.00

PART 7

Proceedings under Housing (Private Rented Dwellings) Act, 1982

  Item (1) Fee (2)
1 An application under the above Act (including an appeal under s 26(5)) €15.00
2 An order determining an application referred to at reference number 1 of this column €15.00

PART 8

Appeals under Betting Act, 1931

  Item (1) Fee (2)
1 On every notice of appeal under s 13 of the Betting Act, 1931 €165.00

PART 9

Small Claims Procedure

  Item (1) Fee (2)
1 On lodging an application with the Small Claims Registrar €25.00
2 On lodging a Notice of Dispute with a counterclaim with the Small Claims Registrar €25.00

Order 102: Cases stated

ORDER 102

CASES STATED

(A) 1Cases stated for the Supreme Court

Definition

1. In this Order—

‘the Act’ means the Malicious Injuries Act, 1981 (No 9 of 1981).

Notice of application

2. (1) An application pursuant to section 18(2)(a) of the Act to state and sign a case for the opinion of the Supreme Court shall be by notice in the Form 102.1, Schedule D.

Notice — lodgment of

(2) Such notice shall, when completed, be lodged by the applicant for the case stated or the solicitor for the applicant with the Clerk for the court area in which the proceedings were heard and determined within 14 days after the determination.

Notice — service of

(3) A copy of the notice shall, within the said 14 days, be served by registered post upon every other party to the proceedings and upon any ratepayer who appeared and was heard in the proceedings, and where the application is made by a ratepayer a copy of the notice shall be served in like manner upon each of the parties.

Determination to be suspended

3. When an application referred to in rule 2(1) is made, the determination in respect of which it is made shall be suspended—

(a) where the application is granted, or where the application is refused and an appeal against the refusal is allowed, until the case stated has been heard and determined,

(b) where the application is refused and an appeal against the refusal has not been lodged, until the expiration of 14 days after the refusal.

Question of law arising during the hearing adjournment of proceedings

4. Where the court, whether on its own motion or upon request, states a case pursuant to section 18(1)(a) of the Act for the opinion of the Supreme Court on any question of law arising during the hearing of proceedings under the Act, it shall adjourn such proceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of 14 days from the day upon which the decision of the Supreme Court shall be given.

Preparation of case stated

5. Where the court grants an application for, or a request for, a case stated pursuant to section 18 of the Act, or decides on its own motion to state a case, the Judge shall prepare and sign such case within six months from the date of the application, request or decision. To secure agreement between the parties as to the facts, the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

Refusal to state a case

6. Where the court refuses to state a case, the Clerk shall send to the applicant for such case stated a certificate of refusal in the Form 102.2, Schedule D and shall send a copy of such certificate to every other party and to any ratepayer who appeared and was heard in the proceedings.

(B) Cases stated for the High Court

[Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).]

Definitions

7. In this Order—

‘the Act of 1857’ means the Summary Jurisdiction Act, 1857 (20 and 21 Vict c 43);

‘the Act of 1961’ means the Courts (Supplemental Provisions) Act, 1961 (No 39 of 1961).

Appeal — notice of application

8. (1) An application pursuant to section 2 of the Act of 1857 (as extended by section 51(1) of the Act of 1961) to state and sign a case for the opinion of the High Court shall be by notice in the Form 102.3, Schedule D.

Appeal — lodgment of notice

(2) Such notice shall, when completed, be lodged by the appellant or by the solicitor for the appellant with the Clerk for the court area in which the proceedings were heard and determined within 14 days after the determination.

Appeal — service of notice

(3) A copy of the notice shall, within the said 14 days, be served by registered post upon every other party to the proceedings.

Recognisance

9. The appellant shall, subject to the provisions of Order 12, rule 20 of these Rules, within 14 days after the determination enter into a recognisance, in the Form 102.4, Schedule D, before a Judge of the District Court, with or without a surety or sureties and in such sum or sums as the Judge may determine.

Recognisance — determination to be suspended

10. When an application referred to in rule 8(1) is made, the determination in respect of which it is made shall be suspended—

(a) where the Judge grants the application, until the case stated has been heard and determined, and

(b) where the Judge refuses to grant the application, until he or she so refuses.

Question of law arising during the hearing — adjournment of proceedings

11. (1) Where a Judge, on request being made to him or her pursuant to section 52 of the Act of 1961 or without request, refers any question of law arising in any proceedings before him or her to the High Court for determination, such Judge shall adjourn the proceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of 14 days from the day upon which the decision of the High Court shall be given.

Judge may require party to enter recognisance

(2) Whenever a Judge shall adjourn proceedings under this rule he or she may, before so adjourning, in his or her discretion require the party requesting the case stated to enter into a recognisance before such Judge with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4, Schedule D, and when completed it shall be lodged with the Clerk. In civil cases or in cases of summary jurisdiction of a civil nature such party may, in lieu of entering into a recognisance, lodge with the Clerk the sum determined by the Judge and the Clerk shall retain the same until the Judge shall finally adjudicate upon the proceedings or shall sooner order in relation to such sum.

Recognisance — where party is in custody

(3) Whenever a Judge shall adjourn proceedings under this rule, he or she may allow to go at large any person who is in custody in or in connection with the proceedings, or may commit such person to prison by warrant, or may in his or her discretion discharge such person on entering into a recognisance with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4, Schedule D and, when completed, it shall be lodged with the Clerk.

Preparation of case stated

12. Where a Judge grants an application pursuant to section 2 of the Act of 1857 or a request pursuant to section 52 of the Act of 1961, or decides pursuant to the said section 52 to refer, without request, a question of law to the High Court for determination, such Judge shall prepare and sign the case stated within six months from the date of the application, request or decision, and shall adjourn the proceedings from time to time pending the preparation and signature of the case stated, as he deems appropriate. To secure agreement between the parties as to the facts the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

[SI 398/06]

Applicant to receive the case from the Clerk

213. When the case has been stated and signed, the appellant or the party requesting the case stated shall forthwith receive the case stated from the Clerk.

Where case stated without request — Clerk to notify parties and transmit case to High Court

314. Where a Judge refers a question of law arising in proceedings before him or her, without request, to the High Court for determination, and when the case has been stated and signed, the Clerk shall forthwith give notice in writing in the Form 102.5, Schedule D to each party in the proceedings, and shall then transmit the case stated to the Central Office of the High Court.

Refusal to state a case

15. Where a Judge considers that an application or a request for a case stated is frivolous, he or she may refuse to state a case and shall, on the request of the appellant or the party requesting the case stated, sign and cause to be delivered to him or her a certificate of refusal in the Form 102.6, Schedule D and cause a copy thereof to be served upon every other party to the proceedings. A Judge shall not refuse to state a case where application or request for a case stated is made by or under the direction of the Attorney General, the Director of Public Prosecutions, a Minister of the Government or a Minister of State, or the Revenue Commissioners.

____________________

1 [Further provisions relating to cases stated for the Supreme Court under the Act are contained in Order 110 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).]

2 Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).

3 Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).

Order 101: Appeals to the Circuit Court

ORDER 101

APPEALS TO THE CIRCUIT COURT

Form of notice, time for service

1. (1) Every appeal to the Circuit Court from a decision of the District Court shall be by notice of appeal Form 101.1 or 101.2, Schedule D) which shall be served upon every party directly affected by the appeal within 14 days from the date on which the decision appealed from was given. The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of 14 days.

(2) Notwithstanding sub-rule (1), every appeal to the Circuit Court under Article 21.1 of the EAPO Regulation (within the meaning of Order 52) against a decision of the Court rejecting the application in whole shall be by motion of appeal ex parte to the appropriate Circuit Court, to which shall be appended a copy of the original application for a Preservation Order, which shall be lodged within the time prescribed by Article 21.2 of the EAPO Regulation.

(3) Notwithstanding sub-rule (1), every appeal to the Circuit Court under Article 37 of the EAPO Regulation (within the meaning of Order 52) shall be in the form set out in Annex IX to the Implementing Regulation (within the meaning of Order 52) which shall be served upon every party directly affected by the appeal within 14 days from the date on which the decision appealed from was given. The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of 14 days.

[SI 405/17]

Lodgment of notice

2. The appellant shall, within the said period of 14 days, lodge the original of the notice of appeal, together with a statutory declaration as to service thereof, with the Clerk for the court area within which the case was heard.

Ex parte applications

3. A notice of appeal from the refusal of an ex parte application shall be a two days’ notice and it shall not be necessary to serve any person.

Recognisance at discretion of court

4. Subject to the provisions of Order 12, rule 20, where a person is desirous of appealing in criminal proceedings or in a case of an order for committal to prison under the Enforcement of Court Orders Acts, 1926 and 1940, a recognisance for the purpose of appeal shall be fixed by the court. The amount (if any) of the recognisance in which the appellant and the surety or sureties, if any, are to be bound shall be fixed by the court and where an amount is so fixed, it shall be of such reasonable amount as the court shall see fit. An application to the court to fix the amount of a recognisance may be made ex parte. A sum of money equivalent to the amount (if any) conditioned by the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with the Form 18.4, Schedule B, and shall be entered into within the 14 day period fixed by rule 1 of this Order.

[SI 41/08]

Stay of execution in civil cases, etc.

5. Except in cases of appeals from orders committing to prison under the Enforcement of Court Orders Acts, 1926 and 1940, or unless otherwise provided, an appeal shall not operate as a stay of execution in civil proceedings or in summary proceedings of a civil nature unless the court shall so order and then only upon such terms as the court may fix. Where the court grants a stay of execution under this rule, the appellant shall enter into a recognisance within the said period of 14 days. The court shall fix the amount of the recognisance in which the appellant and the surety or sureties, if any, are to be bound in such reasonable amount as the court shall see fit. A sum of money equivalent to the amount of the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with Form 101.3.

[SI 484/03]

Stay of execution in criminal cases, etc.

6. On the entering into of a recognisance in accordance with rule 4 of this Order, execution of the order appealed against shall be stayed and the appellant, if in custody, shall be released. In any case where a monetary penalty has been imposed on the appellant, or the appellant has been required to perform a condition, the court may, not later than six months from the expiration of the time allowed by the order for payment of the penalty, or for performance of the condition, issue the warrant of committal in default of such payment, or in default of such performance, as the case may be, unless the appellant shall have entered into a recognisance.

[SI 80/05]

Where party is in custody

7. A party desiring to appeal, if in custody, shall be supplied with the necessary forms by the Governor of the prison or other place of detention or the Superintendent or Inspector of the Garda Síochána in whose custody that party is. When completed, such forms shall be transmitted forthwith by such Governor, Superintendent or Inspector, as the case may be, to the Clerk and the notice of appeal to be served upon the opposing party shall be served by a member of the Garda Síochána, who shall make the statutory declaration required by this Order, and such declaration shall be lodged with the Clerk.

Service upon solicitor

8. Whenever the party to be served with a notice of appeal has appeared by a solicitor at the hearing, all notices and other documents to be served upon such party may be served upon the solicitor by whom such party so appeared, and such service may be effected by leaving the documents at the office of such solicitor.

Mode of service

9. The mode of effecting service of any notice of appeal upon a party who shall not have appeared by a solicitor as aforesaid, shall be by serving it personally upon such party, or by leaving it at the residence, office, or place of business of such party, with a Clerk, servant, wife, husband, child or other person therein over the age of 16 years or by posting it in a registered envelope addressed to such party at his or her last known residence, office or place of business, and proof of such service shall be by statutory declaration which, when made, shall be lodged with the Clerk.

Lodgment of documents

10. Where, under this Order, any document is required or authorised to be lodged with the Clerk, or any notice is required or authorised to be given to the Clerk, the same may be lodged or given by leaving the document or notice with the Clerk or by forwarding the same by prepaid post to the Clerk and, in such latter case, the date of lodgment or receipt shall be the day of the actual receipt of the document or notice by the Clerk.

Warrant not to issue pending appeal — if issued to be returned

11. In criminal cases and in cases of orders for committal to prison under the Enforcement of Court Orders Acts, 1926 and 1940, where an appeal is lodged and the recognisance is entered into, and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal has been decided or the appellant has failed to perform the condition of the recognisance, as the case may be. If the warrant has been issued, the Clerk shall forthwith notify the Superintendent of the Garda Síochána that an appeal has been lodged and a recognisance entered into, and such Superintendent shall return the warrant, if not executed, to such Clerk for cancellation by the court.

[SI 80/05]

Clerk to send certificate to County Registrar

12. In every appeal, other than an appeal in a civil case, the Clerk shall sign and transmit to the County Registrar, together with the documents specified in Order 43, rule 1 of the Rules of the Circuit Court, 1950 (SI No 179 of 1950), a certificate which shall be in accordance with Form 101.8, Schedule D.

Execution of orders after appeal

13. When Form 101.7, referred to in rule 12, is returned with the County Registrar’s certificate duly completed thereon, and if the Circuit Judge has not caused the necessary warrant to enforce the order to be issued, the Clerk shall forthwith prepare and the Judge of the District Court shall issue the necessary warrant or warrants and take all further steps required for the execution of the conviction or order as confirmed or varied and for the enforcement of payment of any costs, compensation or expenses awarded by the Circuit Judge. In criminal cases the Superintendent of the Garda Síochána shall inform the Clerk of any case in which the Circuit Judge has not caused the necessary warrant to be issued.