Court Rules of Ireland

Order 45C: Application to have a claim forwarded to the Circuit Court or to the High Court

ORDER 45C

APPLICATION TO HAVE A CLAIM FORWARDED TO THE CIRCUIT COURT OR TO THE HIGH COURT

1 Form of application

1. An application to have a claim forwarded to the Circuit Court or to the High Court under section 22(8)(b) of the Courts (Supplemental Provisions) Act 1961 (inserted by section 21 of the Courts Act 1971), must be by notice of motion (Form 44.01, Schedule C, modified as appropriate).

2 Service of application

2. (1) The original notice of motion must be filed with the Clerk and a copy of the notice of motion must be served on the other party to the proceeding in accordance with the provisions of Order 41 at least seven days before the return date.

(2) When the copy of the notice of motion has been served, a statutory declaration of service must be lodged with the Clerk at least four days before the return date.

[SI 17/14]