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Order 14A

Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014

ORDER 14A[1]

SERVICE OUT OF THE JURISDICTION UNDER: COUNCIL REGULATION (EC) NO 2201/2003 (MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY) COUNCIL REGULATION (EC) NO 4/2009 (MAINTENANCE OBLIGATIONS)

1. For the purpose of this Order:

“domicile” is to be determined in accordance with the provisions of Article 3(2) of Regulation 2201/2003;

“Member State” means:

(a) in the case of proceedings to which Regulation 2201/2003 applies, a Member State of the European Union other than the State or Denmark, or

(b) in the case of proceedings to which the Maintenance Regulation applies, a Member State of the European Union other than the State;

“resident” or “habitually resident” is to be determined, in proceedings to which Regulation 2201/2003 applies, in accordance with the provisions of Article 3 of Regulation No 2201/2003, or in proceedings to which the Maintenance Regulation applies, in accordance with the provisions of Chapter II of the Maintenance Regulation.

2. The provisions of this Order apply to proceedings governed by Article 1 of Council Regulation (EC) No 2201/2003 or, as the case may be, by Chapter II of the Maintenance Regulation and, so far as practicable and applicable, to any Order, Motion or Notice in such proceedings.

3. (1) Service of any originating document or notice of an originating document out of the jurisdiction is permissible in proceedings to which Regulation 2201/2003 applies without leave of the Court, if, but only if, it complies with the following conditions:

(i) the claim made by the originating document is one which, by virtue of Regulation 2201/2003, the Court has power to hear and determine; and

(ii) no proceedings

(a) relating to divorce, legal separation or marriage annulment between the same parties or, as the case may be,

(b) relating to parental responsibility relating to the same child and involving the same cause of action, are pending in another Member State.

(2) Service of any originating document or notice of an originating document out of the jurisdiction is permissible in proceedings to which the Maintenance Regulation applies without leave of the Court, if, but only if, it complies with the following conditions:

(i) the claim made by the originating document is one which, by virtue of the Maintenance Regulation, the Court has power to hear and determine; and

(ii) no proceedings relating to maintenance obligations arising from a family relationship, parentage, marriage or affinity between the same parties and involving the same cause of action are pending in another Member State.

4. Where an originating document or notice of an originating document is to be served out of the jurisdiction under rule 3, the time to be inserted in the said originating document or notice of an originating document within which the Respondent served therewith shall enter an Appearance (including an Appearance entered solely to contest jurisdiction) shall be:

(i) five weeks after the service of the originating document or notice of an originating document, exclusive of the day of service where an originating document or notice of an originating document is to be served in the European territory of another Member State, or

(ii) six weeks after the service of the originating document or notice of an originating document, exclusive of the day of service where an originating document or notice of an originating document is to be served in any non-European territory of a Member State.

5. Where two or more respondents are parties to proceedings to which Regulation 2201/2003 applies, but not every such respondent is domiciled in a Member State, the rules as to jurisdiction in Regulation 2201/2003 shall apply.

6. Where the Respondent is not, or is not known or believed to be a citizen of Ireland, notice of an originating document, and not the originating document itself, shall be served upon him.

7. Subject to the provisions of this Order, notice in lieu of originating document shall be given in the manner in which originating documents are served.

8. Where a Respondent wishes to enter an Appearance to contest jurisdiction of the Court, he or she may do so by entering an Appearance in accordance with the provisions of Form 5A of the Schedule of Forms.

9. (1) To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of Regulation 2201/2003 or of this Order, the provisions of Regulation 2201/2003 and of this Order shall prevail in relation to any proceedings to which Regulation 2201/2003 applies.

(2) To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of the Maintenance Regulation or of this Order, the provisions of the Maintenance Regulation and of this Order shall prevail in relation to any proceedings to which the Maintenance Regulation applies.

[1] Order 14A inserted by SI 597 of 2014, effective 19 December 2014.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 14A

Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014

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