STATUTORY INSTRUMENTS

S.I. No. 484 of 2003

District Court (Appeals to the Circuit Court) Rules, 2003

PUBLISHED BY THE STATIONERY OFFICE, DUBLIN

S.I. No. 484 of 2003

District Court (Appeals to the Circuit Court) Rules, 2003

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 (Appeals to the Circuit Court) Rules, 2003.

2.       Save as hereinafter provided, these rules shall come into operation on 17th day of November, 2003 and shall be read together with all other District Court Rules for the time being in force.

3.       The District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be amended: -

(a)      by the addition to rule 1 of Order 101 of the following:

“The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of fourteen days”.

(b)      by the addition to Order 101 of the following after rule 3 therein:

“4        Subject to the provisions of 0.12, r.20 of these Rules, where a person is desirous of appealing in criminal proceedings or in a case of an order for committal to prison under the Enforcement of Court Orders Acts 1926 and 1940, a recognisance for the purpose of appeal shall be fixed by the Court. The amount of the recognisance in which the appellant and the surety or sureties, if any, are to be bound shall be fixed by the Court and shall be of such reasonable amount as the Court shall see fit. An application to the Court to fix the amount of the recognisance may be made ex parte. A sum of money equivalent to the amount of the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with one of the Forms 101.4, 101.5, 101.6, Schedule D, as the case may be, and shall be entered into within the fourteen day period fixed by rule 1 of this Order.”

(c)      by the substitution for rule 5 of Order 101 of the following:

“5        Except in cases of appeals from orders committing to prison under the Enforcement of Court Orders Acts, 1926 and 1940, or unless otherwise provided, an appeal shall not operate as a stay of execution in civil proceedings or in summary proceedings of a civil nature unless the Court shall so order and then only upon such terms as the Court may fix. Where the Court grants a stay of execution under this Rule, the appellant shall enter into a recognisance within the said period of fourteen days. The Court shall fix the amount of the recognisance in which the appellant and the surety or sureties, if any, are to be bound in such reasonable amount as the Court shall see fit. A sum of money equivalent to the amount of the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with Form 101.3.”

EXPLANATORY NOTE

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

These Rules amend Order 101 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) in order to clarify the position regarding the fixing of recognisances in situations where there are appeals to the Circuit Court.