District Court Rules
Schedule: C - Forms in civil proceedings Form: 41B.01 Notice of commencement of proceedings
S.I. No. 617 of 2015
41B.01
Notice of commencement of proceedings
Schedule C
O. 41B, rr. 5(2), 5(3), 5(6), 13(2), 13(3), 13(5), 19, 25(1)
ÉIRE IRELAND
AN CHÚIRT DÚICHE
THE DISTRICT COURT
District Court Area of
District No.
In the matter of
*Regulation (EC) No 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “Jurisdiction Regulation”)
*The Brussels Convention of the European Communities on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 1968 (the “Brussels Convention”)
*The Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters Between Member States of the European Communities and the European Free Trade Association, 2007 (the “Lugano Convention”)
*Council Regulation (EC) 4/2009 of 18 December 2008 on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Cooperation in Matters relating to Maintenance Obligations (the “Maintenance Regulation”)
*The Rome Convention Between the Member States of the European Communities on the Simplification of Procedures for the Recovery of Maintenance Payments (the “Rome Convention”) and the Maintenance Act 1994
*The New York Convention on the Recovery Abroad of Maintenance (the “New York Convention”) and the Maintenance Act 1994
*The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children 1996 (the “Hague Child Convention”)
Record number:
NOTICE OF COMMENCEMENT OF LEGAL PROCEEDINGS
Between ............
of ................ Claimant
and ............
of ................ Respondent
YOU ARE HEREBY GIVEN NOTICE that proceedings have been begun against you, the above respondent, *domiciled *habitually resident at ......... by the above claimant, *(ordinarily resident) *(carrying on a profession/business/ occupation) *(habitually resident) at .........* (in the above District Court area), claiming as follows:¬
[insert particulars of claim from claim notice, maintenance summons or other relevant originating document]
If you are sued in the capacity of the policyholder, the insured, or a beneficiary under an insurance contract; the injured party; a consumer or an employee:
(i) you have a right to contest the jurisdiction of this Court and if you wish to do so, you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance contesting jurisdiction and defence in Form 42.02, Schedule C of the District Court Rules, not later than *five/*six weeks after the service on you of this claim notice, and at the same time file a copy of your appearance contesting jurisdiction with the District Court Clerk at the address below, and
(ii) if you file an unconditional appearance, this Court has jurisdiction under Article 26.1 of Regulation No. 1215/2012, and
(iii) if you do not file an appearance, judgment may be given in default against you.
†IF YOU DISPUTE THE CLAIM and wish to defend the proceedings or on the merits of the claim (but do not contest the jurisdiction of the Court), then you must give, or send by post, to the claimant or claimant’s solicitor at the address for service mentioned above an appearance and defence in Form 42.01, Schedule C of the District Court Rules, not later than *five/*six weeks after the service on you of this claim notice, and at the same time file a copy of your appearance with the District Court Clerk at the address below.
‡The proceedings have been listed for hearing at the sitting of the District Court to be held at ............... on the ...... day of ........ 20...... at a.m./p.m. IF YOU DISPUTE THE CLAIM, you should serve and file an appearance and notice of intention to defend in the Form 42.02, Schedule C of the District Court Rules (as attached) and appear or arrange to be represented at that hearing.
IF YOU FAIL TO RESPOND THE COURT MAY IN CERTAIN CIRCUMSTANCES PROCEED TO HEAR AND DETERMINE THE PROCEEDINGS WITHOUT FURTHER NOTICE TO YOU
Dated this ....... day of .......... 20......
Signed ...........
District Court Clerk assigned to the above District Court area, District Court Office at ...............
IRELAND
To ...........
of ..............
the above respondent.
The proceedings have been issued on ......... 20..... by the District Court Clerk at .......... at the request of *(the claimant) *( ......... solicitors of ..............., solicitors for the claimant)
*delete where inapplicable
† For proceedings begun by claim notice
‡ For proceedings begun by a civil summons which is assigned a return date. Where the proceedings are begun by a civil summons which is assigned a return date, notice of appearance and intention to defend in Form 42.02, Schedule C of the District Court Rules must be attached. |