BEGINNING CIVIL PROCEEDINGS IN THE COURT
‘the 1924 Act’ means The Courts of Justice Act, 1924 (No 10 of 1924);
‘the 1991 Act’ means the Courts Act, 1991 (No 20 of 1991).
2 Claim not to be divided
3 Names, addresses and representation of parties
(e) if the claimant sues by a solicitor, state the name or firm and business address of the solicitor and also, if the solicitor is the agent of another, the name or firm and business address of the principal.
(b) if the solicitor confirms in writing that the claim notice was not filed by or with the authority of that solicitor, the Court must stay the civil proceedings and no further step may be taken in the civil proceedings without the permission of the Court.
4 Commencement of civil proceedings
(2) Save where otherwise provided by these Rules or by an Act and subject to Order 41B and the Conventions to which it relates, a claim notice must be filed with and issued by the Clerk for the Court area:
or at the election of the claimant,
(b) in proceedings founded on contract, (except proceedings arising from an agreement under the Consumer Credit Act, 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (SI 281 of 2010)) in which the contract is alleged to have been made, or
(3) Filing must be effected by filing with the Clerk assigned to the Court area referred to in sub-rule (2), in person or by post.
(4) Unless otherwise provided by law, civil proceedings in the Court must be heard and determined at a sitting of the Court for the transaction of civil business for the Court area in which the civil proceeding was brought.
(5) Except in a case to which section 7(6)(a)(ii) of the Courts Act 1964 applies, a claim notice which has been issued by a Clerk is deemed to have been issued on the date on which it was filed with the Clerk for issue.
[SI 513/16; SI 17/14]
5 Form of claim notice
(2) If a claim notice is to be served out of the State, the claim notice must be in the form required by Order 41A (service out of the State with the permission of the Court) or, as the case may be, Order 41B (service out of the State without the permission of the Court).
(5) A statement of claim in a debt claim must state that the claim is for debt or liquidated damages, must specify the amount claimed by way of debt or liquidated damages and must include particulars of the claimant’s demand for payment.
(9) Any claim notice in which damages are claimed is assumed to include a claim for interest from the date of judgment, where permitted by law, and for the costs of the civil proceedings, whether or not expressly claimed.
(10) Where a claimant alleges that he or she was unable, at the time at which a claim notice was issued, to include in the claim notice any of the information required by this rule to be specified in the claim notice, he or she must include in the claim notice a statement of the reasons why it is claimed that any such information could not be provided at the time of issue of the claim notice. The claimant must, when the claim notice is served or as soon as may be thereafter (whether by amendment or otherwise) provide such of the information required by this rule as was not included in the claim notice.
6 Costs to be specified
‘If you pay the amount of €… and costs of €… to the claimant or the claimant’s solicitor within ten days and without filing and serving an appearance and defence you may avoid further costs.’
(3) If a claim notice is indorsed in accordance with sub-rule (1), and the respondent pays the amounts claimed within the time limited for filing and serving an appearance and defence, then the civil proceeding is concluded.
7 Consent proceedings
7. (1) Where civil proceedings of the kind mentioned in paragraph A of section 77 of the 1924 Act are brought before the District Court and the amount claimed in such proceedings is in excess of €15,000 and, pursuant to the proviso (inserted by section 4(C) of the 1991 Act) to paragraph A of section 77, the necessary parties to the proceedings sign a form of consent either before or at any time during the hearing, the consent must be in the Form 40.03, Schedule C.
(2) When completed, the consent must be attached to and filed together with the original claim notice or other originating document or, as appropriate, must be produced to the Court during the hearing.
(3) Every consent so filed or produced must be retained by the Clerk with the original claim notice or other originating document and must be noted on the court record and on any order issued in relation to the civil proceedings.
8 Proceedings transferred from the High Court or Circuit Court
8. (1) Where civil proceedings are remitted or transferred to the District Court by the High Court under section 25 of the 1924 Act or by the Circuit Court under section 15 of the 1991 Act, the claimant must, within 14 days from the date of perfection of the order for remittal or transfer, file with the Clerk a certified copy of the order and the summons, civil bill or other originating document (or a copy thereof) and copies of all documents already delivered and orders made in the proceedings.
(2) Where the claimant omits or refuses to file the documents within the 14 day period mentioned in sub-rule (1), the respondent must do so as soon as may be after the expiration of the 14 day period.
(4) After filing of the order and documents, the civil proceedings must continue as if they had been commenced in the Court and any respondent who has not served a defence and filed an appearance must do so within the 21 days of service of the notice referred to in sub-rule (3).
9 Proceedings under section 74 of the Consumer Protection Act, 2007
9. (1) Any claim by a consumer for damages under section 74 of the Consumer Protection Act, 2007 (No 19 of 2007) must be commenced by the issue and service in accordance with this Order of a claim notice, entitled in the matter of section 74 of the Consumer Protection Act, 2007 and otherwise in the Form 40.01, Schedule C with such modifications as are appropriate.
(2) Any consent under section 74(4) of the Consumer Protection Act, 2007 must be in the Form 40.03, Schedule C but, instead of reciting that it is given under section 77A of The Courts of Justice Act, 1924, must recite that it is given under section 74(4) of the Consumer Protection Act, 2007, and must be lodged with the Clerk either before or at any time during the hearing.
(3) An order may be made under sub-rule (2) before or after expiry of the claim notice.
(4) The Court may on an application made under sub-rule (2) before the expiry of the claim notice make an order extending the validity of the claim notice if it is satisfied that reasonable efforts have been made to serve the respondent, or for other good reason.
(5) The Court may on an application made under sub-rule (2) after the expiry of the claim notice make an order extending the validity of the claim notice if it is satisfied that there are special circumstances which justify an extension, such circumstances to be stated in the order.
(6) The claimant may apply under sub-rule (2) without notice to the respondent, but if the Court considers that the respondent ought to be heard, the Court may adjourn the further hearing and direct the claimant to give written notice to the respondent of the place and time to which the application was adjourned.
(7) If a witness summons has not been served on a witness, the Court may from time to time extend the validity of the witness summons for such period from the day of the order as the Court directs, not being more than six months from that day.
(8) An order may be made under sub-rule (7) before or after expiry of the witness summons.