Topic: Ex parte applications
DC08 - Ex-parte applications to Dublin Metropolitan District
Practitioners and litigants are hereby advised of the following with regard to the making of ex parte applications to the Dublin Metropolitan District:-
- Ex parte application are exceptional applications made without notice to the other side and so in principle they breach obligations of fair procedures guaranteed by the Irish Constitution and European Court of Human Rights.
- Any order which may be applied for ex parte (without notice to another party) as provided for by the District Court Rules must be set out on an ex parte application form.
- The ex parte application form and where required by the District Court Rules the affidavit grounding the application must clearly set out the grounds on which the order is being sought.
- The document appended hereto sets out the form of the application but this practice direction does not preclude the use of a similar form provided that such form contains the necessary details.
- Urgent ex parte applications may be made at any sitting of the court for the district wherein the proceedings are listed by giving prior notice of the intended application to the relevant District Court Clerk together with the necessary documentation required in order that the application may be listed.
- Non urgent ex parte applications must be lodged with the relevant District Court Clerk not less than 48 hours in advance of the date on which the application is to be made together with all necessary documentation required in order that the application my be listed.
- Applications for the issue of a summons under section 10 of the Petty Sessions Act (Ireland) 1851 shall also be taken at the end of the court list after all listed business has been determined by the court
An application seeking the issue of a summons under section 10 of the Petty Sessions Act (Ireland) 1851 Act is required to adduce sufficient evidence to the court to establish a prima facia case in respect of each essential element of the alleged offence. It is within the discretion of the presiding judge as to whether to require the information to be given on oath and in writing.
A lay advisor or accompanying person (where permitted by the court) has no entitlement to appear as an advocate or to address the court on behalf of a lay litigant making an ex parte application.
Dated this 26th April, 2016.
Signed:- Rosemary Horgan.
President of the District Court.
Ex parte Application
District Court Area of
In the matter of section ...... of the ..........
insert details of any relevant enactment relied on
On the Application of
............... of ....................
indicate capacity of applicant to make application
Set out below the details and basis of the application
(Solicitor for the) claimant
To: District Court Clerk at ___________