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S.I. No. 196/2000 -- District Court (Attachment and Committal) Rules, 2000

S.I. No. 196/2000 -- District Court (Attachment and Committal) Rules, 2000 2000 196

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STATUTORY INSTRUMENTS

S.I No. 196 of 2000.

DISTRICT COURT (ATTACHMENT AND COMMITTAL) RULES, 2000

S.I No. 196 of 2000.

DISTRICT COURT (ATTACHMENT AND COMMITTAL) RULES, 2000

THE DISTRICT COURT RULES COMMITTEE, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Attachment and Committal) Rules, 2000.

2. These Rules shall come into operation on the 27th day of July, 2000, and shall be read together with all other District Court Rules for the time being in force.

3. Order 46B of the District Court Rules (S.I. 124 of 1999) is hereby amended by the addition of the following rule after rule 5

6. (1) Every Order made in any case requiring any person to do an act thereby ordered shall state the time, or the time after service of the order, within which the act is to be done.

(2) The copy of the Order to be served on the person required to obey said order shall be endorsed as follows:

“If you do not obey this order by the time stated, you may be imprisoned or fined in order to compel you to obey the order”

and the said Order 46B as so amended appears in schedule I to these rules.

SCHEDULE 1

“ORDER 46B

ATTACHMENT AND COMMITTAL

Application for Attachment.

1. If the person bound by any order of the Court (other than a judgment for the payment of money) fails to comply with its terms, the party entitled to the benefit of such order or the Court of its own motion may serve a notice requiring the person so bound to attend the Court on a day and at an hour to be named in such notice to show cause why he or she should not be committed for his or her contempt in neglecting to obey such order. The said notice shall be served personally in all cases unless the Court for good cause shall order otherwise.

A copy of the notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date for hearing thereof.

Notice.

2. No order of attachment shall be issued without the leave of the Court, to be applied for on notice to the party against whom the attachment is sought to be issued.

Order for attachment.

3. (a) An order for attachment shall direct that the person against whom the order is directed shall be brought before the Court to answer the contempt in respect of which the order is issued.

(b) The order for attachment shall be in the Form 46B.1, Schedule C, and shall be directed to the Superintendent of the Garda Síochána for the area in which the Court was held.

(c) The party at whose instance an order for attachment has been made shall lodge it with the Superintendent of the Garda Síochána to whom it is directed for execution unless the Court otherwise directs.

Discharge or committal.

4. (a) When the person against whom an order of attachment is directed is brought before the Court on his or her arrest, the Court may either discharge the person on such terms and conditions as to costs or otherwise as it thinks fit or commit the person to prison for his or her contempt either for a definite period to be specified in the Order, or until he or she shall purge his or her contempt and be discharged by further order of the Court.

Order

(b) The order of the Court committing the person to prison shall be in the Form 46B.2, Schedule C, and shall be directed to the Superintendent of the Garda Síochána for the area in which the Court was held.

Application for discharge.

5. Any person in custody under any order for committal may apply to the Court for his or her discharge on giving notice of his or her intention so to apply to the party at whose instance the order for committal was made.

Endorsement on Orders.

6. (1) Every Order made in any case requiring any person to do an act thereby ordered shall state the time, or the time after service of the order, within which the act is to be done.

(2) The copy of the Order to be served on the person required to obey said order shall be endorsed as follows:

“If you do not obey this order by the time stated, you may be imprisoned or fined in order to compel you to obey the order”.”

SCHEDULE C

0.46B, r.3(b).

No. 46B.1

AN CHUIRT DUICHE	THE DISTRICT COURT
*District Court Area of	*District No.
*Dublin Metropolitan District

BETWEEN............................................................ ............................................................ ......................................Plaintiff

AND

............................................................ ............................................................ ....................................................Defendant

	ORDER FOR ATTACHMENT
UPON APPLICATION	to the Court on this date by notice of Motion of the Plaintiff/Defendant;
AND ON HEARING	the respective parties;
AND THE COURT FINDING	that the Plaintiff/Defendant has been guilty of contempt of this Court by his/her failure to comply with the terms of the Order of this Court dated the .......... day of.................................... 20 ......;
IT IS ORDERED	that the Plaintiff/Defendant be attached and brought before the Court to show cause why he/she should not be committed to prison for his/her said contempt until further order.
THIS IS TO COMMAND YOU,	to whom this order is addressed to arrest the said....................................
	............................................................ ..................................................
	of ............................................................ ..............................................
	and bring him/her before the Court to answer the contempt in respect of which this order is issued.

This..................day of............... ......................................20...............

............................................................ ...............................................

	Judge of the District Court
To	The Superintendent
	An Garda Síochána
	..............................

SCHEDULE C

0.46B, r.4(b).

No. 46B.2

AN CHUIRT DUICHE	THE DISTRICT COURT
*District Court Area of	*District No.
*Dublin Metropolitan District

BETWEEN............................................................ ............................................................ .......................................Plaintiff

AND

............................................................ ............................................................ .....................................................Defendant

	ORDER FOR COMMITTAL
WHEREAS	an order for attachment of the Plaintiff/Defendant was made by this Court on ........ day of ........................... 20.........; the Court having found that he/she is guilty of contempt of this Court by his/her failure to comply with the terms of the Order of this Order dated the ........ day of ............................ 20.........;
AND WHEREAS	on foot of said order of attachment, the Plaintiff/Defendant has been brought before this Court in custody to show cause why he/she should not be committed to prison for his/her contempt;
UPON APPLICATION	to the Court on this date by notice of Motion of the Plaintiff/Defendant;
AND ON HEARING	the respective parties;
IT IS ORDERED	that the Plaintiff/Defendant be committed to prison and be detained until he/she purge his/her contempt and is discharged pursuant to further order of this Court.
THIS IS TO COMMAND YOU,	to whom this order is addressed to lodge the said....................................
	............................................................ ...................................................
	of ............................................................ ...............................................
	in the prison at ........................ there to be detained until he/she purge his/her said contempt and is discharged pursuant to further order of this Court.

This..................day of ....................................................20...............

............................................................ .............................................

	Judge of the District Court
To	The Superintendent
	An Garda Síochána
	..............................

Given this 29th day of May, 2000.

Peter Smithwick Chairman

John Garavan

Uinsin MacGruairc

John P. Brophy

Seán McMullin

Olive Caulfield

I concur in the making of the foregoing Rules.

Dated this 27th day of June, 2000.

JOHN O'DONOGHUE

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend Order 46B of the District Court Rules, 1997 by the addition of a form of endorsement to orders of the District Court indicating the consequences of non compliance with the order.