Circuit Court Rules

ORDER 61A

JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS AND DECISIONS OF THE CIRCUIT COURT IN CIVIL OR COMMERCIAL MATTERS

1. Order 61 of these Rules shall apply to the provision of documentation pursuant to Article 53 of Regulation No 1215/2012, Article 54 or Article 58 of the Lugano Convention, Article 39 of Council Regulation (EC) No 2201/2003 and Articles 20(1) and 48(3) of the Maintenance Regulation, and an application for such documentation shall be made in like manner as an application under Order 61, rule 2 save that the Affidavit grounding the application shall:

(i) state the particular provision or provisions of the Regulations aforementioned, or of the Lugano Convention, by which the Court assumed jurisdiction,

(ii) provide the other details required in paragraphs (a), (b), (d), (e), (f) and (g) of rule 2 of Order 61,

(iii) give such further information not provided in accordance in sub-paragraph (ii) as is required to be provided in Form 40A, 40B, 40C, 40D or 40E (as the case may be) as is within the applicant’s knowledge, in the sequence in which the information appears in the Form concerned.

[SI 432/16]

2. (1) The certificate provided pursuant to Article 53 of Regulation No 1215/2012 shall be in accordance with Form 40A in the Schedule of Forms.

(2) The certificate provided pursuant to Article 54 or Article 58 of the Lugano Convention shall be in accordance with Form 40E in the Schedule of Forms.

(3) The extract provided pursuant to Articles 20(1) and 48(3) of the Maintenance Regulation shall be in accordance with Form 40D in the Schedule of Forms.

[SI 432/16; SI 597/14]

3. In the case of a judgment in default of appearance, the Affidavit grounding the application under rule 1 shall, in addition, 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 or person authorised in that behalf shall certify that the said document is a true copy of the document relied upon by the Court on giving judgment.

[SI 597/14]

4. (1) In this rule, the expressions “Contracting State” and “Convention” each has the meaning assigned to it by the Choice of Court (Hague Convention) Act 2015.

(2) In the case of a judgment or decision of the Court sought to be enforced in another Contracting State:

(a) the County Registrar shall, at the request of an interested party, give such party a copy of the order and the written judgment (if any) of the Court duly authenticated, and

(b) any application for the document referred to in Article 13(1)(d) of the Convention signed by the County Registrar shall be made on affidavit to the County Registrar.

(3) The affidavit by which an application mentioned in sub-rule (2)(b) is made shall:

(a) specify the judgment or decision concerned and exhibit a certified copy thereof;

(b) contain an averment that the court had jurisdiction to give the judgment or decision concerned pursuant to an exclusive choice of court agreement enforceable in the State;

(c) 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;

(d) state whether notice of appeal against, or in any case where the defendant does not appear, a notice to set aside, the judgment or decision has been entered;

(e) confirm that the judgment or decision is not the subject of a stay remaining unexpired, and

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

(4) The document referred to in Article 13(1)(d) of the Convention and in sub-rule (2)(b) shall be in the Form 40F in the Schedule of Forms.

[SI 172/16]

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