Circuit Court Rules

ORDER 37

ATTACHMENT AND COMMITTAL

1. If the person bound by any order of the court, other than a judgment for the payment of money, fails to comply with its terms, the party entitled to the benefit of such order may serve a notice requiring the person so bound to attend the court on a day and at an hour to be named in such notice to show cause why he should not be committed for his contempt in neglecting to obey such order. The said notice shall be served personally in all cases unless the court for good cause shall order otherwise. Furthermore, prior to the service of the said notice, a copy of the court order in respect of which obedience is sought, shall be personally served upon the party against whom the order was made with a penal endorsement thereon.

2. No order of attachment shall be issued without the leave of the court, to be applied for by motion on notice to the party against whom the attachment is sought to be issued which said notice shall be served personally upon the person sought to be attached. Furthermore, prior to the service of the said notice, a copy of the court order in respect of which obedience is sought, shall be personally served upon the party against whom the order was made with a penal endorsement thereon.

3. Every order of attachment or committal for contempt of court shall be directed to the Superintendent of the Garda Síochána for the district in which the party to be attached or committed resides, or may be found, or to such other member of the Garda Síochána as the court may direct.

4. The party at whose instance an order for attachment or committal has been obtained shall lodge it with the proper officer for execution.

5. Any person in custody under any order for attachment or committal may apply to the court for his discharge, on giving notice to the party at whose instance he has been committed of his intention so to apply.

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