District Court Rules

ORDER 40E

PROCEEDINGS BEGUN BY THE ISSUE OF A SUMMONS IN MATTERS OTHER THAN CRIMINAL MATTERS*

1 Application for summons

1. (1) In any case where these Rules provide that an application to the Court is to be made or civil proceedings in the Court are to be begun by a civil summons, then the applicant, moving party or claimant may apply to the Clerk for the Court area in which the application is to be made or the proceedings are to be begun for the issue of a civil summons for service.

(2) When it is intended to begin proceedings (which are not proceedings to which the Courts (No 3) Act, 1986 relates) in the District Court against a person, and the issue of a summons requiring the appearance of that person before the Court is necessary, on a matter or issue which the Court has jurisdiction to hear and determine by summons, an application to sign and issue the summons may, unless otherwise provided by an enactment or these Rules, be made to the Clerk for the Court area wherein that person ordinarily resides or carries on any profession, business or occupation.

2 Form, signing and issue of summons

2. (1) The applicant for the issue of the summons must lodge with the Clerk a duly completed summons, which may be in the Form 40E.01, Schedule C (with such modifications as are appropriate to the case), together with a copy or copies for service.

(2) The summons must include particulars of the relief sought appropriate to the case.

(3) The Clerk must unless otherwise provided by an enactment or these Rules, list the matter or issue for hearing at a sitting of the Court, record the place, date and time of hearing on the summons and copies and, having signed and dated the summons and copies, issue them to the applicant for service.

3 Court to which the summons is returnable

3. Every summons issued under this Order must require the appearance of each person to whom it is directed at a sitting of the Court:

(a) having jurisdiction to deal with the matter or issue set out in the summons;

(b) for the Court area to which the Clerk issuing the summons is assigned;

(c) within the Court district in which a Judge of the District Court has jurisdiction in relation to the matter or issue.

4 Service and filing

4. Save where otherwise provided, the provisions of Order 41 (Service of Documents) apply to summonses signed and issued in proceedings to which this Order relates.

5 Order 15 (in part) to apply

5. The provisions of rules 4, 5, 6, 7, 8 and 9 (with any necessary modifications) of Order 15 apply to summonses signed and issued in proceedings to which this Order relates.

*Note

Provisions relating to the issue of summonses in respect of offences are contained in Order 15 of these Rules.

[SI 17/14]

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