Menu

Misc DC Jurisdiction

District Court Rules

Order 40B

Landlord And Tenant Proceedings (Ejectment)

: S.I. No. 17 Of 2014

Related link
S.I. No. 17 of 2014 – provisions overview

1 Definitions

1. In this Order, unless the context or subject matter otherwise requires—

the “1860 Act” means the Landlord and Tenant Law Amendment Act Ireland 1860;

any reference in an enactment to “ejectment” must, for the purposes of this Order, be taken to include a reference to recovery of the possession of premises by a landlord or other person claiming to be entitled to possession of premises;

“landlord and tenant claim notice” means a claim notice beginning landlord and tenant proceedings in the District Court in accordance with these Rules, and any reference in an enactment to an ejectment civil summons must, for the purposes of this Order, be taken to include a reference to a landlord and tenant claim notice;

“landlord and tenant proceedings” means any civil proceedings which may be brought in the District Court between a landlord and a tenant, and any reference in an enactment to proceedings for ejectment or for the recovery of possession of premises in the District Court must, for the purposes of this Order, be taken to include a reference to landlord and tenant proceedings;

any reference to an “order” must, for the purposes of this Order, unless the context otherwise requires, be taken to include a reference to a judgment, decree or dismiss.

 

2 Requirements of this Order additional to Order 40

2. (1) The provisions of this Order apply to landlord and tenant proceedings in the Court.

(2) The requirements of this Order are additional to the requirements of Order 40 as regards claim notices.

 

3 Additional particulars required in landlord and tenant claim notice

3. (1) A landlord and tenant claim notice must:

(a) specify the names of the landlord and the tenant;

(b) specify the nature of the tenancy and state whether the tenancy is required to be registered in the private residential tenancies register maintained under section 127 of the Residential Tenancies Act 2004, and where the tenancy is required to be so registered, either (i) give particulars of registration or (ii) confirm that it is not so registered;

(c) contain a description of the premises to which the claim relates, including the full address and any other details necessary to establish the Court area in which the premises are situated;

(d) specify the rent under the tenancy;

(e) where it is part of the claim that the tenancy has determined, the facts of the determination of the tenancy and the means by which it was determined;

(f) where non-payment of rent is part of the claim, specify the amount of rent due after all fair and just allowances, and the date up to which that rent was due;

(g) explain why the claimant is not precluded from bringing civil proceedings in the Court in respect of the tenancy by section 182 of the Residential Tenancies Act 2004;

(h) set out the appropriate costs in the Schedule of Costs payable if the claimant’s claim is settled before appearance and defence.

(2) A claim notice claiming for the recovery of possession of premises from a tenant at will, a permissive occupant, or a caretaker or servant must also:

(a) state that a demand for possession was made by or on behalf of the owner of the premises;

(b) specify the date of the demand for possession;

(c) confirm the respondent’s refusal or omission to quit and deliver up possession.

(3) The Court may stay proceedings in respect of any tenancy which is required to be registered in the private residential tenancies register maintained under section 127 of the Residential Tenancies Act 2004 but is not so registered.

 

4 Form of claim notice

4. A claim notice in a claim for:

(a) recovery of possession of premises for overholding,

(b) recovery of possession of premises from a tenant at will, a permissive occupant, a caretaker or a servant or,

(c) recovery of possession of premises for non-payment of rent must be in accordance with Form 40B.01 Schedule C.

 

5 Service of claim notice

5. (1) A landlord and tenant claim notice must be served on every person in actual possession of the premises specified in the claim notice, whether as tenant, sub-tenant, or otherwise.

(2) The claim notice must be served in a manner prescribed in Order 41. (3) Where the immediate tenant of the claimant in landlord and tenant proceedings is not in actual possession of the premises, the claim notice must be served on that immediate tenant in addition to any person on whom service is required under sub-rule (1).

(4) Where no person is in actual possession of the premises, a copy of the claim notice must be affixed to the door or some other conspicuous part of the premises claimed. In such a case, the affixing of a copy of the claim notice must be taken to be sufficient service of the claim notice.

(5) Where the person who was last in actual possession of the premises was a sub-tenant, and no person is in actual possession, the claim notice must also be served on the immediate tenant of the claimant, as provided by sub-rule (3).

 

6 Affidavits in claims for recovery of possession of premises for non-payment of rent

6. (1) In claims for recovery of possession of premises for non-payment of rent, the claimant may prove the nature and conditions of the tenancy and the amount of rent due by an affidavit sworn by the claimant or his or her authorised agent.

(2) An affidavit mentioned in sub-rule (1) must be filed with the Clerk. (3) On reading an affidavit filed under sub-rule (2), where no respondent has served and filed an appearance and defence, the Court may make an order without requiring the attendance of the claimant in Court.

 

7 Stay of execution

7. On making an order on foot of any landlord and tenant claim notice claiming recovery of possession of premises, the Court may grant a stay of execution on such conditions as it thinks reasonable in the circumstances.

 

8 Payment or tender in claims for recovery of possession of premises for non-payment of rent

8. (1) At any time before an order on a claim for recovery of possession of premises for non-payment of rent has been delivered to the County Registrar or Sheriff for execution, the respondent or any person having a specific interest in the contract of tenancy may pay to the claimant:

(a) all rent and arrears of rent due at the time of the service of the claim notice, and

(b) a sum sufficient to cover the claimant’s costs, or may tender those amounts to the claimant.

(2) If tender of the amounts mentioned in sub-rule (1) is refused, the respondent or other person having a specific interest in the contract of tenancy may deposit those amounts with the Clerk.

(3) The Clerk must give a receipt for any amounts deposited under sub-rule (2) and give notice to the claimant of receipt of the amounts deposited.

(4) In such a case, the Court may order that all further proceedings be stayed on payment to the claimant of the money deposited, and such further amount, if any, for costs up to the date of tender as the Court thinks reasonable.

(5) A decision of the Court under sub-rule (4) is subject to appeal as if it were a final order on foot of a claim notice in ejectment for non-payment of rent.

 

9 Writ of restitution

9. (1) When an order for possession for non-payment of rent has been executed, the Court may award a writ of restitution on the application of the respondent or any other person having a specific interest in the contract of tenancy.

(2) A writ of restitution may be awarded in accordance with sub-rule (1) on the payment to the claimant or the deposit with the Clerk of the amount due for rent, arrears of rent and costs within six months after the execution of the judgment, as provided by sections 70 and 71 of the 1860 Act.

 

10 Warrant for possession

10. (1) A warrant for possession under section 86 of the 1860 Act may be issued at any time not exceeding six months after the date of the order.

(2) After the expiration of six months from the date of the order a warrant may only be issued on application to the Court by the claimant by motion on notice to the respondent.

Procedure In Statutory Applications By

Notice Of Application Procedure

: S.I. No. 17 Of 2014

Related link
S.I. No. 17 of 2014 – provisions overview

1 Definitions

1. (1) In this Order—

“relevant authority” means any agency, board, authority, commission, council, ombudsman, tribunal, or other body (not including a company formed under the Companies Acts) established by or under an enactment, which is authorised by an enactment:

(a) to exercise powers under an enactment to determine or decide, any complaint or issue, or

(b) to issue any notice or order addressed to a person requiring the taking or ceasing of any action,

and includes, where the context so requires, any committee, officer or member of the staff of such a body who has been authorised by an enactment or by such a body to exercise those powers;

“relevant application” means any of the following applications–

(a) an application to the Court under an enactment by a person authorised by law to apply to the Court for an order directing, requiring or compelling a person to take any step or do any thing (including, without limitation, to provide information or to produce a document or thing) or prohibiting or restraining a person from, or directing a person to cease or refrain from, taking a step or doing a thing (in the remainder of this Order, referred to as a “direction application”),

(b) an application to the Court by a person authorised by law to apply to the Court, for an order of the Court directing, requiring or compelling a person to perform, comply with, carry out or implement, or for the enforcement of, a decision, determination, notice or order of a relevant authority (in the remainder of this Order, referred to as an “enforcement application”) but does not include:

(i) any application for the issue by the Court or the Clerk of any order for execution of any such decision, determination, recommendation, or settlement which an enactment provides may be enforced or executed as, or in the like manner to, a judgment of the Court; or

(ii) any application for the issue of a summons; or

(iii) any claim for damages (which must be commenced by claim notice);

(c) except where a particular procedure for such an application is specified in another Order of these Rules, an application to the Court under an enactment by a person authorised by that enactment to apply to the Court, for any licence, certificate, authority or permission or, as the case may be, for the restoration of, or other relief from disqualification from holding or restriction on holding any licence, certificate, authority or permission (in the remainder of this Order, referred to as a “licence application”),

(d) except where a particular procedure for such an application is specified in another Order of these Rules, any other application to the Court for relief under an enactment (other than relief by way of damages, liquidated or unliquidated) which is, required, authorised or permitted by these Rules to be brought or made in accordance with this Order.

(2) Where an enactment provides for or permits a relevant application to be made to the Court or to a Judge and no other provision is made for the applicable procedure either by the enactment concerned or by these Rules, the procedure set out in the following rules applies.

(3) Sub-rule (2) is subject to any requirement of the relevant enactment.

 

2 Venue for relevant application

2. (1) A relevant application must be brought:

(a) in the case of a direction application or an enforcement application, in the Court area where the person or one of the persons against whom an order or other relief is sought resides or carries on any trade, profession or business;

(b) in the case of a licence application:

(i) in the Court area where the applicant intends, in reliance on the licence, certificate, authority or permission sought (or, as the case may be, sought to be restored) to carry on any trade, profession or business; or

(ii) where the licence, certificate, authority or permission is not sought for the purpose of a trade, profession or business, in the Court area where the activity permitted by the licence, certificate, authority or permission is intended to be conducted; or

(iii) where the application is for the restoration of, or other relief from disqualification from holding, any licence, certificate, authority or permission, in the Court area where the disqualification or restriction concerned was imposed; or otherwise

(iv) in the Court area where the applicant resides.

(2) Sub-rule (1) is subject to any provision or requirement to a different effect in the relevant enactment.

 

3 Commencement of relevant application

3. (1) The relevant application must be made by notice of application (in the remainder of this Order, referred to as “the notice of application”).

(2) The notice of application must be in Form No. 40C.01, Schedule C, modified as appropriate to the case, and must include particulars of the relief sought appropriate to the case.

(3) The notice of application must be entitled in the matter of the provision of the enactment under which the application is made.

(4) Where any order, direction or other relief is sought against any person, the notice of application must also be entitled as between the applicant as applicant and such person as respondent, and must contain the names and addresses of the applicant and of each respondent.

(5) Where the application is authorised by an enactment to be made ex parte, or where no order, direction or other relief is sought as against any person or persons, the notice of application must be entitled in the matter of the provision of the enactment pursuant to which the application is made and on the application of the applicant, and must contain the name and address of the applicant.

(6) The notice of application must specify the particular relief sought against each respondent and the particular provision of the relevant enactment authorising the granting of each such relief.

 

4 Documents to be attached to the notice of application

4. Where the relevant application is an enforcement application, a true copy of the decision, determination, notice or order concerned, if in writing, must be attached to the original notice of application and to any copy of the notice of application served on any respondent.

 

5 Evidence required at hearing in every case

5. (1) The applicant must adduce at the hearing of every relevant application:

(a) evidence of the standing and authority of the applicant to make the application under the relevant provision of the enactment;

(b) if the applicant is acting in a representative capacity, or relief is sought against any respondent in a representative capacity, evidence of the capacity of the applicant or, as the case may be, the respondent;

(c) evidence of the facts or circumstances which it is alleged authorise or entitle the applicant to make, or justify the applicant in making, the application and which support the granting of the relief sought; and

(d) all correspondence and documents passing between the applicant and each respondent (if any), or otherwise issuing from any of them, relevant to the matter or matters in respect of which relief is sought, but not including any correspondence or document which, by law, a person is obliged or entitled to refuse to produce.

(2) Sub-rule (1) does not operate to limit the evidence which the applicant is required to adduce at the hearing of the relevant application.

 

6 Period of notice

6. (1) Not less than 21 days’ notice of an application by notice of application must be given to the Court.

(2) Each respondent must be served, in accordance with Order 41, with a copy of the notice of application (and copies of any documents required to be attached) not later than seven days before the return date.

(3) A statutory declaration as to the service of the notice of application on each respondent must be lodged with the Clerk not later than seven days before the return date.

(4) Where the relevant enactment requires prior publication of notice of the intended application, a print of the newspaper or other publication in which notice was published must also be lodged with the Clerk within the time specified in sub-rule (3).

(5) Sub-rules (1) and (2) are subject to any provision or requirement to a different effect in the relevant enactment.

 

7 Orders which may be made by Court on return date

7. (1) On the return date, the Court may:

(a) hear the application; or

(b) give directions and make orders for the conduct of the proceedings as appear convenient for determining the application in a manner which is just, expeditious and likely to minimise the costs of those proceedings.

(2) Directions and orders under sub-rule (1)(b) may, where appropriate, include:

(a) directions that notice of the application be served on any other person, including mode of service and the time allowed for such service;

(b) directions that the parties furnish written submissions to the Court and deliver those written submissions to one another;

(c) an order directing the delivery and filing of any affidavit.

 

8 Application to vary or discharge an order

8. (1) Where the relevant enactment permits any subsequent application to vary or discharge an order made by the Court on the relevant application, the application to vary or discharge the order must be made by notice of motion to vary or discharge (as the case may be).

(2) A notice of motion to vary or discharge must be in Form No. 44.02, Schedule C, modified as appropriate to the case. The notice must include particulars of the relief sought appropriate to the case.

(3) Not less than 21 days’ notice of an application to vary or discharge must be given to the Court.

(4) The applicant for the original order and every respondent served with that application must be served, in accordance with Order 41, with a copy of the notice of motion to vary or discharge not later than seven days before the return date.

(5) A statutory declaration as to the service of the notice of motion on each respondent must be lodged with the Clerk not later than seven days before the return date.

(6) Sub-rules (3), (4) and (5) are subject to any provision or requirement to a different effect in the relevant enactment.

 

Procedure In Statutory Appeals By Notice Of Appeal

To The Court : S.I. No. 17 Of 2014

Related link
S.I. No. 17 of 2014 – provisions overview

 

1 — DEFINITIONS

 

1 Definitions

1. (1) In this Order—

“appellant” means the person making an appeal to the Court;

“respondent” means the person who gave the notice, decision or direction from which the appeal is brought.

(2) Where an enactment provides for or permits an appeal to be made to the Court or to a Judge from any notice given or served or from any decision or direction given in any matter and no other provision is made for the applicable procedure either by the enactment concerned or by these Rules, the procedure for the appeal (in the remainder of this Order, referred to as the “relevant appeal”) set out in the following rules applies.

(3) Sub-rule (2) is subject to any requirement of the relevant enactment.

2 — GENERAL

2 Venue for appeal

2. (1) A relevant appeal must be brought:

(a) in the Court area where the notice appealed from was given or served or the decision or direction appealed from was given; or

(b) in the Court area where the appellant resides.

(2) Sub-rule (1) is subject to any provision or requirement to a different effect in the relevant enactment.

 

3 Procedure by notice of appeal

3. (1) The relevant appeal must be commenced by a notice of appeal (in the remainder of this Order, referred to as “the notice of appeal”) in the Form 40D.01 Schedule C, with such modifications as are appropriate.

(2) A copy of the notice of appeal must be served on the respondent and on every other person directly affected by the appeal. Unless otherwise provided, the notice may be served in accordance with the provisions of Order 41—

—within 14 days from the day on which the notice appealed from was served or the decision or direction first came to the knowledge of the appellant, and

—at least 14 days before the return date.

(3) The appellant must lodge with the Clerk a statutory declaration of service on the respondent and on every other person directly affected by the appeal at least seven days before the return date.

 

4 Copy documents to be attached

4. The appellant must also attach to the notice of appeal and to any copy of the notice of appeal served a copy of the notice, decision or direction appealed from and, where appropriate, copies of any other documents or exhibits used in relation to the notice, decision or direction.

 

5 Court may direct service of the notice of appeal

5. The Court hearing the appeal may, if it considers it proper, direct that the notice of appeal be served on any person not already served.

3 — PARTICULAR APPEALS UNDER STATUTE

6 Safety Health and Welfare at Work Act 2005

6. (1) In this rule – the “Act of 2005” means the Safety Health and Welfare at Work Act 2005 (No. 10 of 2005).

(2) Where an appeal has been brought in the manner prescribed under—

(a) section 66(7) of the Act of 2005 against an improvement notice,

(b) section 67(7) of the Act of 2005 against a prohibition notice, or

(c) section 72(3) of the Act of 2005 against an information notice,

the applicant must ensure that a copy of any order of the Court made on the appeal is served promptly on the respondent and on any other person directly affected by the order.

(3) Where an application has been brought in the manner prescribed under section 67(6) of the Act of 2005 for the suspension of a prohibition notice, the applicant must ensure that a copy of any order of the Court made on the application directing that the operation of a prohibition notice be suspended is served promptly on the respondent and on any other person directly affected by the order.

 

7 Mental Health Act 2001

7. (1) In this rule-

the “Act” means the Mental Health Act 2001 (No. 25 of 2001);

the expressions “approved centre”, “centre”, “Commission”, and “registered proprietor” each has the meaning given to it by the Act.

(2) An appeal under section 65(1) of the Act by:

(a) a registered proprietor or, as the case may be,

(b) a person intending to be the registered proprietor of an approved centre, against a decision of the Commission:

(i) to refuse to register the centre;

(ii) to remove the centre from the register, or

(iii) to attach a condition, or to amend or revoke a condition attached, to the registration of the centre

may be made to the Judge assigned to the Court district in which the centre concerned is situated, at any sitting of the Court for that Court district.

(3) The notice of appeal, in the Form 40D.02, Schedule C, must be served on the Commission by the appellant not later than seven days before the return date.

(4) A copy of the decision of the Commission appealed from must be annexed to the notice of appeal.

(5) A statutory declaration of service of the notice of appeal must be filed with the Clerk at least two days before the return date.

 

8 Firearms Act 1925 (as amended by the Criminal Justice Act 2006)

8. (1) In this rule,

the “Act” means the Firearms Act 1925;

the expression “issuing person” has the meaning given to it by the Act.

(2) Despite rule 2(2), an appeal under section 15A of the Act (inserted by section 43 of the Criminal Justice Act 2006) by a person aggrieved by a decision referred to in section 15A(1) of the Act by an issuing person may be made within the period specified in section 15A(2) of the Act.

(3) An appeal under section 15A of the Act must be made by notice of appeal in the Form 40D.01, Schedule C, with such modifications as are necessary.

(4) The notice of appeal must be issued by the Clerk and served in accordance with the provisions of Order 41 on the issuing person at least 14 days before the return date.

* Note

Provisions for appeals to the District Court under the:

— Betting Act 1931 are referred to in Order 64 of these Rules.

— Gaming and Lotteries Act 1956 are contained in Order 66 of these Rules.

— Street and House to House Collections Act 1941B are contained in Order 88 of these Rules.

— Wildlife Act 1976 are contained in Order 89 of these Rules.

— Fire Services Act 1981 are contained in Order 92 of these Rules.

— Housing (Private Rented Dwellings) Act 1982 are contained in Order 93 of these Rules.

— Road Traffic Acts 1961 to 1987 are contained in Order 97 of these Rules.

— Safety Health and Welfare at Work Act 1989 are prescribed in regulations entitled District Court (Safety, Health and Welfare at Work Act 1989) Regulations 1989 (S.I. No. 275 of 1989).

Proceedings Begun By The Issue Of A Summons

In Matters Other Than Criminal Matters* : S.I. No. 17 Of 2014

Related link
S.I. No. 17 of 2014 – provisions overview

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.

Practice Directions

DC17

Use of Live Television Link in Civil Proceedings in the District Court

Practice Direction for the use of Live Television Link

in Civil Proceedings in the Dublin Metropolitan District Court

 

General

  1. This Practice Direction shall come into effect on 19th May 2020 in respect of child care and family law proceedings as specified herein.

 

  1. This Practice Direction deals with live television link (“LTL”) only and is therefore without prejudice to any existing practice direction(s) providing for the conduct of childcare or family law proceedings generally.

 

  1. This Practice Direction must be read in conjunction with section 25 of the Domestic Violence Act 2018, section 26 of the Civil Law (Miscellaneous Provisions) Act 2008 (“the 2008 Act”), section 21 of the Children Act 1997, and the District Court Rules 2005 as amended.

 

Objective

  1. To utilise LTL technology within the modern court environment to expand efficiency and effectiveness in specified civil proceedings by improving access to the court system, obviating the need for unnecessary travel and saving costs, but without compromising the constitutional and legal rights of the parties to the proceedings or the best interests and welfare of children or young persons the subject of such proceedings.

 

 

Proceedings to which this direction applies

 

  1. This direction applies to childcare and family law proceedings in which the parties are legally represented (and in childcare proceedings where a guardian ad litem is appointed) and the court is of the opinion that the use of LTL technology would not give rise to unfairness to the parties or would otherwise be contrary to the interests of justice.
  2. This direction does not prohibit unrepresented parties in family law or childcare matters or other parties in other civil matters from applying to have evidence heard LTL. Such applications will be heard and determined by the court in accordance with the law.

 

 

Initiating the LTL procedure

 

  1. The court may, of its own motion or on the application of any of the parties, and having heard the parties, direct that a party may participate in any hearing in the proceedings, or that a witness may give evidence in any such hearing, from a location other than the court itself, whether from within or outside the State, by means of a LTL.

 

  1. Applications for liberty to hear evidence by way of LTL should be made to the court not less than 21 days prior to the date on which it is intended to hear evidence in the proceedings.

 

  1. The court will not grant such direction unless facilities are available that enable the party or witness:

 

  1. to see and hear the proceedings at the hearing, and

 

  1. to be seen and heard by those present in the courtroom in which the hearing is taking place.

 

  1. Notwithstanding that the LTL technology is available the court will not direct its use if:

 

  1. It would be unfair to any of the parties to do so, or

 

  1. It would otherwise be contrary to the interests of justice to do so.

 

 

Undertaking by solicitor

 

  1. Before a direction is granted the solicitor for the party seeking to call the witness(es) by LTL is required undertake (in writing or orally) to the court to do the following:

 

  1. Participate fully in any required test calls to the remote location;

 

  1. Provide the registrar with any necessary technical information in relation to the remote location;

 

  1. Ensure that the witness at the remote location is provided with all necessary documents; and

 

  1. Ensure that the appropriate sacred text for taking the oath prior to giving testimony is available to the witness at the remote location.

 

 

Transfer of proceedings

 

  1. Practitioners should note that a successful application to hear evidence using LTL may give rise to a need to transfer proceedings to a courtroom containing the required equipment in at a court having jurisdiction to hear and dispose of the proceedings.

 

  1. If a direction for the use of LTL is granted the party or witness concerned shall be deemed to be present at the hearing concerned.

 

 

Proceedings pursuant to the 2018 Act

 

  1. In civil proceedings pursuant to the 2018 Act, a person (other than the respondent) may give evidence through a LTL where they have not attained the age of 18 years (unless the court sees good reason to the contrary) and in any other case, with the leave of the court.

 

  1. All evidence given by LTL in civil proceedings pursuant to the provisions of the 2018 Act shall be audio and video recorded.

 

  1. Where LTL facilities are not in operation in a district court district and in the opinion of the court concerned it is desirable that the evidence in the proceedings be given through LTL, the court may order the transfer of the proceedings to a district where the facilities are in operation.  The proceedings may be heard by a judge for the time being assigned to the district to which the proceedings have been transferred.

 

 

Hearings

 

  1. Notwithstanding the use of LTL at a location(s) remote from the courtroom, the proceedings shall be heard in private and only officers of the court, the parties and their legal representatives, witnesses and such other persons as the judge may allow, shall be permitted to be present in the courtroom or at the remote location(s).  The judge may order any witness who is not a party to leave the courtroom or the remote location(s) until their evidence is required or after their evidence is complete.

 

 

Direct participation and/or representation of the child

 

  1. Where a request is made by a child to be present during the hearing, or a particular part of the hearing of the proceedings, such request must be brought to the attention of the court.  The court will grant the request unless it appears to the court that, having regard to the age of the child or the nature of the proceedings, it would not be in the child’s best interests to accede to the request.

 

  1. Pursuant to section 26(1) of the 2008 Act, the court may direct that the child may be present by means of LTL.

 

 

Listing of case for hearing by LTL

 

  1. At least 14 days prior to the hearing it must be confirmed to the court that:

 

  1. there has been full compliance with any or all case management directions,

 

  1. the LTL is available and in good working order,

 

  1. the undertakings given by the solicitor have been complied with.

 

  1. In order to ensure efficiency, the court recommends that all parties electronically file all reports and relevant documentation and that the parties must advise the court of the names of witnesses and their professional qualifications and the number and availability of witnesses required for cross-examination.

 

  1. Each party must inform the court of any matter which might delay or prolong the hearing and provide the court with a realistic schedule for the hearing of the proceedings so that the court can allocate the requisite time necessary to endeavour to ensure that the hearing is concluded within the specified period.

 

Guidelines: Guidelines for Remote Hearings
Appendix 1: Confirmation Form for Remote Hearings

District Court

Pages: 1 2

Related Posts

error: Content is protected !!