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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 14B[1]
SERVICE IN EU MEMBER STATES (INCLUDING THE STATE) OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS[2]

1.[3] [4]In this Order, unless the context or subject matter otherwise requires:

"a Member State" or "Member States" means a Member State or Member States of the European Community, with the exception of the Kingdom of Denmark;

“the Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000;

“the “Receiving Agency” or “Receiving Agencies” means the entity or the entities designated by each of the Member States of the EU pursuant to Article 2(2) of the Regulation and in Ireland shall be the Combined Court Office situate at Castlebar in the County of Mayo or such other authority, or public officer or other person as is for the time being designated by the State pursuant to Article 2(2) of the Regulation;

the “Transmitting Agency” or “Transmitting Agencies” means the entity or the entities designated by each of the Member States of the EU pursuant to Article 2(1) of the Regulation and in Ireland shall be the Combined Court Office situate at Castlebar in the County of Mayo or such other authority, or public officer or other person as is for the time being designated by the State pursuant to Article 2(1) of the Regulation.

2. This Order applies to the service of documents to which the Regulation applies in the matters referred to at Article 1 of the Regulation.

3. Any party to any proceedings to which the Regulation applies, who wishes to have a document served pursuant to the Regulation, must lodge with the Transmitting Agency:

(a) two copies of the Document to be served with an additional copy thereof for each person to be served;

(b) a request for service of the Document, in a language as provided for in Article 4(3) of the Regulation, as the case may be, in the form specified in the Annex to the Regulation;

4. If any request for service does not comply with the provisions of these Rules, the Transmitting Agency shall inform the applicant and specify the objections to the request.

5. The Transmitting Agency shall, as soon as the request for service complies with the provisions of Rules 2 and 3, transmit the document or documents concerned in accordance with Article 4 of the Regulation.

6. The Transmitting Agency shall forward to the Applicant, by the swiftest possible means of transmission:

(i) a copy of the receipt referred to at Article 6 of the Regulation;

(ii) a copy of the notice of return referred to at Article 6 of the Regulation together with the documents transmitted;

(iii) a request for missing information or documents; or

(iv) a copy of the certificate evidencing the refusal of the addressee to accept to in Article 8 of the Regulation, as the case may be, as soon as practicable after receipt of those documents or requests by the Transmitting Agency.

7. The Transmitting Agency shall maintain a list of the Member States to which the Regulation applies and the languages specified by each Member State for the purposes of Article 4(3) of the Regulation and those parts of the relevant Member States to which the relevant language applies. Such list shall be available for inspection during the opening hours of the County Registrar's office.

8. When properly received, the County Registrar, as Receiving Agency, shall serve the document or documents by registered post or by particular form requested by the Transmitting Agency, unless such a method is incompatible with Irish law, in accordance with Article 7 of the Regulation.

9. On receipt of a certificate provided for in Article 10 of the Regulation from the relevant Receiving Agency, the Transmitting Agency shall forthwith transmit the certificate to the applicant.

10.[5] [6] In addition to the method of service described in rule 3, a party to the proceedings may choose to effect service in another Member State by diplomatic or consular agents, in accordance with Article 13 of the Regulation (save where that Member State has indicated, in accordance with Article 23(1) of the Regulation, that it is opposed to the service of documents in its territory in the said manner) or by direct service, in accordance with Article 15 of the Regulation.

11...[7]

12. (1) Subject to Rule 12(5), judgment shall not be given or entered in default of Appearance in any proceedings to which this Order applies until it is established that:

(i) the document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or

(ii) the document was actually delivered to the Defendant or to his residence by another method provided for by the Regulation, and that in either case the service or delivery was effected in sufficient time to enable the Defendant to defend.

(2) Judgment in default of Appearance shall only be entered with leave of the Court.

(3) An application for leave to enter Judgment in default shall be made by Motion on notice and shall be supported by an Affidavit verifying the Plaintiffs claim for relief and verifying the steps taken to serve the proceedings and supported by adequate proof thereof.

(4) [8] The Affidavit referred to in rule 12(3) shall, where the claim is one to which Regulation No. 1215/2012 applies, also state that in the deponent's belief:

(i) each claim made by the originating document is one which, by virtue of Regulation No. 1215/2012 or any amendment thereof, the Court has power to hear and determine; and

(ii) no other Court has exclusive jurisdiction within the meaning of Regulation No. 1215/2012 to hear and determine such claim.

(5) The Court may give leave to enter Judgment if no certificate of service or delivery has been received from the Transmitting Agency, provided that:

(i) the Document was transmitted by one of the methods provided for in the Regulation;

(ii) a period of time (of not less than six months), considered adequate by the Court, has elapsed since the date of transmission of the Document; and

(iii) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the Member State addressed.

13. The Court may, at any stage, in the event of urgency, make orders for any provisional or protective measures required by the Plaintiff.

14. Any application to extend time for appealing any Judgment obtained in default shall be made by Motion on Notice and shall be grounded upon the Affidavit of the moving party and the Court may, if satisfied that:

(i) the application was made within a reasonable time after the Defendant had knowledge of the Judgment; and

(ii) the Defendant, without any fault on his part, did not have knowledge of the Document in sufficient time to defend, or knowledge of the Judgment in sufficient time to appeal; and

(iii) the Defendant has disclosed a prime facie defence to the action on the merits,

extend the time for appealing same, on such terms and conditions as appear just.

15. No such application to set aside a Judgment obtained in default shall be entertained if not made within a time that the Court shall deem to be reasonable.

16. No application to extend the time for appealing the Judgment shall be entertained in respect of Judgments concerning status or capacity of persons.

17.[9] In the case of a default of Appearance by a Defendant to an originating document, the Plaintiff shall file an Affidavit in the appropriate Circuit Court Office verifying the facts relied upon and there upon may apply to the Court for Judgment in default of Appearance.

18. Subject to the provisions of this Order, Orders 26 and 27 shall, in so far as practicable, apply to applications under this Order for leave to enter Judgment.

19.[10]To the extent that any rules contained in any other Order of these Rules are inconsistent with the provisions of the Regulation or of this Order, the provisions of the Regulation or of this Order shall prevail.

20.[11] [12] While an Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil and commercial matters [annexed to Council Decision No. 2005/794/EC of 20 September 2005 (OJ L 300/53 of 17 November 2005) signed at Brussels on 19 October 2005 and approved 4 [375] on behalf of the Community by Council Decision No. 2006/326/EC of 27 April 2006 (OJ L 120/23 of 5 May 2006)] is for the time being in force, notwithstanding any other provision of these Rules to the contrary, the provisions of these Rules which relate to the Regulation shall apply in relation to the Kingdom of Denmark, to the extent permitted, and subject to any modifications made necessary, by such Agreement.

[1] Order 14B inserted by SI 883 of 2004, effective 23 December 2004.
[2] Title amended by SI 597 of 2014, effective 19 December 2014.
[3] Order 14B rule 1 substituted by SI 375 of 2009, effective 14 October 2009.
[4] Order 14B rule 1 substituted by SI 147 of 2019, effective 15 April 2019.
[5] Order 14B rule 10 substituted by SI 375 of 2009, effective 14 October 2009.
[6] Order 14B rule 10 substituted by SI 478 of 2018, effective 14 December 2018.
[7] Order 14B rule 11 removed by SI 375 of 2009, effective 14 October 2009.
[8] Order 14B rule 12(4) amended by SI 618 of 2015, effective 30 December 2015.
[9] Order 14B rule 17 amended by SI 312 of 2007, effective 20 July 2007.
[10] Order 14B rule 19 substituted by SI 375 of 2009, effective 14 October 2009.
[11] Order 14B rule 20 inserted by SI 188 of 2008, effective 9 July 2008.
[12] Order 14B rule 20 amended by SI 375 of 2009, effective 14 October 2009. SI 375 of 2009 also amended the definition of “the Regulation”.

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 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)

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