(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2015.

(3) The Circuit Court Rules 2001 to 2015 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2015.

2. Order 5B of the Circuit Court Rules is amended:

(i) by the substitution for rule 1 of the following rule:

“1. This Order applies to any proceedings in which the plaintiff claims any of the following reliefs:
(a) recovery of possession of any land on foot of a legal mortgage or charge;

(b) an order declaring the amount due on foot of a mort gage to be well charged on land;

(c) an order under section 100(3) of the Land and Conveyancing Law Reform Act 2009 authorising the exercise by a mortgagee of a power of sale”.

(ii) by the substitution for rule 3 of the following rule:

“3. (1) Proceedings to which this Order applies shall be commenced by a Civil Bill in Form 2R of the Schedule of Forms. The special indorsement of claim in such Civil Bill shall state specifically and with all necessary particulars the relief claimed and the grounds thereof.

(2) In proceedings to which this Order applies, the Civil Bill shall include a statement immediately following the Special Indorsement of Claim as to whether:

(a) the proceedings are commenced in the Court under the jurisdiction conferred by section 101(5) of the Land and Conveyancing Law Reform Act 2009, and in such case, whether section 2 of the Act of 2013 applies to the proceedings, or

(b) the proceedings are commenced in the Court under the jurisdiction conferred by section 3 of the Land and Conveyancing Law Reform Act 2013.

(3) A Civil Bill to which this Order applies shall be served, together with a copy of the affidavit mentioned in rule 5, on each defendant not later than 21 days before the return date mentioned in rule 4.”;

(iii) by the substitution for rule 5 of the following rule:

“5. (1) There shall be served with the Civil Bill a copy of an affidavit which shall conform to the requirements of Form 54 in the Schedule of Forms (and copies of any exhibits to that affidavit) sworn by or on behalf of the plaintiff, verifying and supporting the claim indorsed on the Civil Bill.

(2) Where the agreement for a mortgage on foot of which proceedings to which this Order relates have been commenced is or was at the material time or times one to which a code drawn up by the Central Bank of Ireland in accordance with section 117 of the Central Bank Act 1989 applies, the affidavit shall identify the code concerned.

(3) A defendant intending to defend proceedings to which this Order applies shall enter an Appearance in the Office in Form 5 in the Schedule of Forms within ten days of the service upon him of the Civil Bill and shall defend the plaintiff’s claim by filing a replying affidavit to the plaintiff’s affidavit setting out the defendant’s defence and serving a copy of that affidavit (and copies of any exhibits to that affidavit) on the plaintiff not later than four days before the return date.”;


(iv) by the insertion immediately following sub-rule (2) of rule 8 of the following sub-rule:

“(3) Without prejudice to the power exercisable by the Court, of its own motion or on an application by the plaintiff, to adjourn proceedings under section 101(1)(a) of the Land and Conveyancing Law Reform Act 2009 or to grant relief in accordance with section 101(1)(b) of that Act, an application by a defendant to the Court for such an adjournment or such relief, shall, unless such evidence has previously been given on affidavit in the proceedings, be grounded on an affidavit, which shall:
(a) where the defendant is seeking time to pay any arrears, including interest, due under the mortgage—

(i) set out and verify the assets and liabilities of the defendant or verify a statement of the assets and liabilities of the defendant which is exhibited to such affidavit and

(ii) set out detailed particulars of the defendant’s proposal to make such payment, or


(b) where the defendant is seeking time to remedy any other breach of obligation arising under the mortgage, set out detailed particulars of the defendant’s proposal to effect such remedy.”,

(v) by the substitution for Form 2R in the Schedule of Forms of the form bearing the like number set out in the Schedule and

(vi) by the insertion immediately following Form 53C in the Schedule of Forms of the Form No. 54 set out in the Schedule.

(a) recovery of possession of any land on foot of a legal mortgage or charge,

(b) an order declaring the amount due on foot of a mortgage to be well charged on land,

(c) an order under section 100(3) of the Land and Conveyancing Law Reform Act 2009 authorising the exercise by a mortgagee of a power of sale,