Circuit Court Rules

ORDER 61

PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1998

1. In the case of a judgment or order of the Circuit Court sought to be enforced in another contracting state, the County Registrar shall, at the request of an interested party, give such party a copy of the order or decree and written judgment (if any) of the court, duly authenticated by the seal of the court impressed thereon and the signature of the County Registrar.

2. An application for a certificate pursuant to section 14(b) of the 1998 Act shall be made on affidavit to the County Registrar, which affidavit shall —

(a) be entitled with the title of the proceedings in respect of which enforcement is sought and bear the record number of the proceedings,

(b) state the nature of the proceedings,

(c) state the particular provision or provisions of the 1968 Convention by which the court assumed jurisdiction,

(d) state the date on which the time for the lodging of an appeal against the judgment or decision will expire or, if it has expired, the date on which it expired,

[SI 597/14]

(e) state whether notice of appeal against or notice of an application to extend the time for the bringing of an appeal against, or in any case where the defendant does not appear, a notice to set aside, the judgment or decision has been entered,

[SI 597/14]

(f) where the judgment is for the payment of a sum of money, state the rate of interest, if any, payable on the sum and the date from which interest is payable,

(g) include annexed thereto a certified true copy of the civil bill or other originating document by which the proceedings were commenced.

3. The certificate provided pursuant to section 14(b) of the 1998 Act shall be in accordance with Form 40 in the Schedule of Forms and shall be signed by the County Registrar and shall be authenticated by the seal of the court and have annexed to it a certified true copy of the civil bill or other originating document by which the proceedings were commenced.

4. In the case of a judgment in default of appearance, the affidavit grounding an application under rule 2 above shall, in addition, for the purpose of applying for a document certified under section 14(c) of the 1998 Act, exhibit a certified true copy of the affidavit or document, with any exhibit thereto, which establishes that notice of the institution of proceedings was served on the person in default and the County Registrar shall certify that the said document is a true copy of the document relied upon by the court on giving judgment.

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