S.I. No. 116/1992 - District Court (Service of Summonses) Rules, 1992.

S.I. No. 116 of 1992.

DISTRICT COURT (SERVICE OF SUMMONSES) RULES, 1992.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby with the concurrence of the Minister for Justice, make the following Rules of Court:—

1. These Rules may be cited as the District Court (Service of Summonses) Rules, 1992.

2. These Rules shall come into operation on the 26th day of May, 1992 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act" means the Courts Act, 1991 (No. 20 of 1991).

4. Where, in a case of summary jurisdiction, the Court adjourns pursuant to section 22 (4) of the Act the hearing of a complaint or an accusation to which a particular summons relates and requires the person to whom the summons was directed to be notified of the adjourned hearing, the Clerk shall, unless the Court otherwise directs, issue and serve upon the person a notice in the Form 1 in the schedule hereto. Service shall be effected at least fourteen days before the date of the adjourned hearing and in such manner as the Court may direct. The original notice, with the details of service endorsed thereon, shall be retained by the Clerk and produced to the Court at said hearing.

5. (1) An application pursuant to section 22 (6) (a) of the Act to have proceedings set aside may be made at any sitting of the Court for the transaction of summary business for the court area wherein the hearing to which the relevant summons relates has taken place. Where such application is not made within 21 days after the said summons or hearing comes to the notice of the applicant, a further period within which to make the application may be sought ex parte at any sitting of the Court for the said court area.

(2) Notice of such application to have proceedings set aside shall be in the Form 2 in the schedule hereto. When completed, the notice shall forthwith be lodged with the Clerk for the said court area.

(3) Upon receipt of the notice the Clerk shall enter and list the matter for hearing and shall give, or send by ordinary post, to the applicant and the opposing party named in the proceedings which are sought to be set aside a notice in the Form 3 in the schedule hereto.

SCHEDULE

COURTS ACT, 1991

SECTION 22 (4)

NOTICE OF ADJOURNED HEARING

*Delete words inapplicable.

WHEREAS proceedings in a case of summary jurisdiction entitled as above were before this Court for hearing to-day, brought by summons dated the day of 19 , issued under

*[section 11(2) of the Petty Sessions (Ireland) Act, 1851].

*[ section 1 of the Courts (No. 3) Act, 1986 ]

on the application of the above-named *complainant *prosecutor and served upon you, the above-named *defendant *accused in accordance with the provisions of section 22 (1) of the Courts Act, 1991 (i.e. by ..............) and alleging that you did on the day of 19  ,

at             * (in court area and district aforesaid) —

AND WHEREAS YOU, being the person to whom the summons was directed, neither appeared at the time and place specified in the summons nor at the hearing to-day of the *complaint *accusation to which the summons relates.

AND WHEREAS the Court considered it undesirable, in the interests of justice, to continue the hearing in your absence and has, pursuant to section 22 (4) of the Courts Act, 1991 , adjourned the said hearing.

TAKE NOTICE THAT the said adjourned hearing will take place at the sitting of the District Court to be held at ...................................................... on the day of 19 , at a.m./p.m., where and when you are required to attend to answer the said *complaint *accusation.

Dated this      day of       19  ,

To ............................................................ ............................................................ ............................................................ ..

of ............................................................ ............................................................ ............................................................ ...

The above named *defendant *accused.

NOTE

Where a person to whom this notice is issued fails to appear at the said adjourned hearing, the Court may, pursuant to section 22 (5) of the Courts Act, 1991 , issue a warrant for the arrest of that person.

COURTS ACT, 1991

SECTION 22 (6) (a)

NOTICE OF APPLICATION TO HAVE PROCEEDINGS SET ASIDE

......................................... Applicant

of ....................................................

* (in court area and district aforesaid)

*Delete words inapplicable.

WHEREAS a summons was issued under

* [section 11(2) of the Petty Sessions (Ireland) Act, 1851]

* [ section 1 of the Courts (No. 3) Act, 1986 ]

in a case of summary jurisdiction entitled

and said summons was for hearing at a sitting of the Court for the above-named court area on the    day of    19   ,

AND WHEREAS the applicant herein is the *defendant accused named in the summons.

AND WHEREAS the Court on the day of 19 , proceeded to hear the *complaint *accusation to which the summons related,

AND WHEREAS the applicant herein, being the person to whom the summons was directed, did not receive notice of the summons or of the hearing to which the summons related until the day of 19 , being a time after the commencement of the said hearing.

TAKE NOTICE THAT I, the said applicant intend to apply to the District Court for the said court area, within the time specified in section 22 (6) (a) of the Courts Act, 1991 , upon the date and at the time to be fixed by you, to have the said proceedings set aside.

My address within the State for the service of documents *is as shown above/ *is............................................................ ............................................................ ...........................................................

Dated this      day of    19  .

Signed.............................

Applicant

To the District Court Clerk for the said court area at the District Court Office,

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

COURTS ACT, 1991

SECTION 22 (6) (b)

NOTICE OF LISTING OF APPLICATION FOR HEARING

............................................................ ............................................................ ............................................................ ........ Applicant

of ............................................................ ............................................................ ............................................................ ...

*(in court area and district aforesaid)

*Delete words inapplicable.

WHEREAS proceedings in a case of summary jurisdiction entitled

were brought by summons before the Court on the day of 19 , alleging that the *defendant *accused did on the day of 19 , at.................*(in court area and district aforesaid)—

and the Court on the day of 19 , proceeded to hear the *complaint *accusation to which the summons related,

AND WHEREAS notice of an intended application by the above named *defendant *accused pursuant to section 22 (6) (a) of the Courts Act, 1991 to have the said proceedings set aside has been lodged with me.

TAKE NOTICE THAT the said application has been listed for hearing at the sitting of the District Court for the said court area to be held at

..................................................on the day of 19 , at   a.m./p.m.

Dated this day of 19 ,

Signed.............. ...........................................

District Court Clerk for the said

court area.

To ............................................................ ............................................................ ..................................................

of ............................................................ ............................................................ ...................................................

* Complainant * Prosecutor

To ............................................................ ............................................................ ..................................................

of ............................................................ ............................................................ ...................................................

* Defendant * Accused

GIVEN this 9th day of September, 1991.

PETER SMITHWICK, Chairman.

JOHN P. CLIFFORD,

GERARD F. GRIFFIN,

P. J. BRENNAN,

SEÁN McMULLIN,

JOHN GARAVAN,

SÉAMUS S. Ó CATHASAIGH.

I concur in the making of the foregoing Rules.

Dated this 13th day of May, 1992.

PÁDRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

The Rules, which come into operation on 26th May, 1992, regulate the practice and procedure of the District Court in relation to District Court hearings adjourned, in certain circumstances, because the person to whom a summons is directed fails to appear — section 22 (4) of the Courts Act, 1991 — and prescribe the form of notice to be issued by the District Court to that person in such event. The Rules also regulate the practice and procedure of the District Court in regard to applications - under section 22 (6) (a) of the Act — for proceedings to be set aside on the ground that the applicant did not receive notice of the summons or of the hearing and prescribe (a) the form of the notice to be lodged with the District Court by the applicant and (b) the form of the notice of listing of such application for hearing to be issued by the District Court Clerk.