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District Court Rules

Order: 61

Use of blood tests in determining parentage

[Definitions]

1. In this Order

"the Act" means the Status of Children Act, 1987 (No. 26 of 1987);

"the Regulations" means the Blood Tests (Parentage) Regulations, 1988 (S.I. No. 215 of 1988);

"direction form" means Form 1 in the Schedule to the Regulations;

"sampler" has the meaning assigned to it in Regulation 3 of the Regulations;

[Application for a direction for the use of blood tests]

2. (1) Where in any civil proceedings before the Court the parentage of any person is in question, an application under section 38 (1) of the Act by a party to the proceedings for a direction for the use of blood tests shall be preceded by the issue and service of a notice in the Form 61.1 Schedule C. Such notice shall be served by registered prepaid post upon the other party or parties to the proceedings and upon each person in respect of whom the direction is sought or, where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her and shall be served at least fourteen days before the date of hearing of the application.

(2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

(3) Where the Court of its own motion proposes to give a direction for the use of blood tests or where application for such a direction is made in the course of hearing the proceedings, and if each of the parties to the proceedings and each person in respect of whom the direction is proposed or sought (or his or her legal or other representative, as the case may be) is then present in court, the Court may dispense with the requirement to serve notice of application.

(4) The direction of the Court shall be in the Form 61.2 Schedule C, and shall be served by prepaid ordinary post upon each person in respect of whom it was given or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.

[Order revoking or varying a direction]

3. Where under section 38 (3) of the Act the Court revokes or varies a direction previously given under section 38 (1) of the Act, the order so revoking or so varying shall be in the Form 61.3 Schedule C, and shall be served by prepaid ordinary post upon each person directly affected by that order or where such person is a person to whom section 39 (3) of the Act applies, upon the person having charge of or control over him or her.

[Notice of intention to call witness]

4. (1) A notice under section 40 (5) of the Act by a party to civil proceedings of that party's intention to call a person as a witness shall be in the Form 61.4 Schedule C. Such notice shall be served by registered prepaid post upon the other parties to the proceedings or upon such of them as the Court may direct, at least fourteen days before the sitting of the Court at which it is intended to call as a witness the person named in the notice.

(2) The original of every such notice served, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said sitting of the Court.

[Clerk to send direction form to sampler]

5. Where the Court gives a direction under section 38 (1) of the Act, the Clerk shall complete and sign Part I and the appropriate section of Part II of a direction form as prescribed in the Regulations and shall send that form by prepaid ordinary post to the sampler named in the direction.