District Court Rules

ORDER 35

CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS

1. (1) To the extent that sections 14(1) and 14(2) of the Courts Act, 1971 (as substituted by section 23 of the Civil Law (Miscellaneous Provisions) Act, 2008) provide that an order so signed shall be evidence in any legal proceedings of the said decision, an order recording a decision of a Judge of the District Court may be signed by a Judge or (provided that it complies with the requirements of sub-rule (2)) by any District Court clerk assigned to the District Court area in which the order was made.

(2) When any order referred to in sub-rule (1) is intended to be signed by a District Court clerk, the form of order shall:

(i) immediately following the heading of the order, include the words ‘BY ORDERR OF JUDGE … a Judge of the District Court’ and identify by name the Judge who made the order;

(ii) in the body of the order, recite the making of the order by that Judge, and

(iii) where a form of such order which may be signed by a Judge is included in any Schedule to these Rules:

(a) immediately following the place for signature, instead of the specification ‘Judge of the District Court’ include the specification: ‘District Court Clerk assigned to the said District Court area’, and

(b) contain such other modifications as are necessary.

(3) To the extent that sections 14(3) and 14(4) of the Courts Act, 1971 (as substituted by section 23 of the Civil Law (Miscellaneous Provisions) Act, 2008) provide that a warrant so signed shall be evidence in any legal proceedings of the matters to which the warrant relates, a warrant issued by a Judge of the District Court may be signed by a Judge or (provided that it complies with the requirements of sub-rule (4)) by any District Court clerk assigned to the District Court area in which the warrant was issued.

(4) When any warrant referred to in sub-rule (3) is intended to be signed by a District Court clerk, the form of warrant shall:

(i) immediately following the heading of the warrant, include the words ‘BY ORDERR OF JUDGE … a Judge of the District Court’ and identify by name the Judge who issued the warrant;

(ii) in the body of the warrant, recite the making of any relevant order and the issuing of the warrant by that Judge, and

(iii) where a form of such warrant which may be signed by a Judge is included in any Schedule to these Rules:

(a) recite in the command within the warrant that the command is pursuant to said order of the Judge,

(b) immediately following the place for signature, instead of the specification ‘Judge of the District Court’ contain the specification: ‘District Court Clerk assigned to the said District Court area’, and

(c) contain such other modifications as are necessary.

(5) Where a copy of an order made in any case of summary jurisdiction is required, the order shall be drawn up by the clerk for the court area wherein the order was made and shall be signed by a Judge or (provided that it complies with the requirements of sub-rule (2)) by the clerk. The clerk shall retain such order in his or her custody.

(6) Any person having a bona fide interest in the matter may, upon payment of the prescribed fee (if any), obtain from the clerk a copy of the order certified by the clerk in accordance with the provisions of rule 4.

[SI 92/09]

2. Any party in any proceedings may, upon payment of the prescribed fee (if any), obtain from the Clerk a copy of any information, written complaint or deposition which is in his or her custody and was made or taken in any case in his or her court area, and of any order which is in that Clerk’s custody and was made by a Judge in the preliminary examination of any indictable offence in the said court area.

3. Where a Judge is satisfied that a copy of any order or other document is reasonably required by any person for the purpose of any legal proceedings, such Judge may direct the Clerk to furnish a copy of such order or other document to such person upon payment by such person of the prescribed fee (if any).

4. A copy of an order or other document furnished under this Order shall be certified by the Clerk to be a true copy of the original order or document as the case may be, which is in his or her custody.

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