Where a person desires to contest jurisdiction under the EU Rules or Judgment Convention, he may enter an appearance in a prescribed format for the purpose of contesting jurisdiction. A person who desires to contest jurisdiction shall deliver a Defence stating that he contests jurisdiction under the Regulation, Convention etc.\u00a0 He may do so, notwithstanding pleadings in the Defence which go to the merits of the claim.<\/p>\n
Where a Defence has been delivered in which jurisdiction is contested, any party to the proceedings may apply by motion on notice to the Court, grounded on affidavit for the purpose of determining the question of jurisdiction as a preliminary issue.\u00a0 Alternatively the matter may be set down for trial. \u00a0The Judge may determine the question of jurisdiction on affidavit, or may direct the trial of the issue, with or without pleadings, as he sees fit.<\/p>\n
A person who desires to contest jurisdiction in proceedings in which there is no provision in the Rules for the delivery of a Defence, shall as soon as opportune apply to Court on fourteen days\u2019 notice to the other party or parties for an order declining jurisdiction. The judge may determine the question in the same manner as above.<\/p>\n
Where a person served with a Civil Bill outside the State has entered an Appearance, the time within which the Defence shall be delivered shall be 28 days from the date of Appearance.\u00a0 Where an application has been brought for an order declining jurisdiction, the time shall be 28 days from the determination of the application, unless the Court otherwise orders.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Duration of Civil Bill A Civil Bill is in force for 12 months.\u00a0 If it is not served within this time, the plaintiff may apply before its expiration to the County Registrar for leave to renew the Civil Bill.\u00a0 An application for leave may be applied for after expiry to the Court. The Court or […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[315],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21345"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21345"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21345\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21345"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21345"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21345"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}