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District Court Rules

Order: 10

Service of documents in criminal proceedings : S.I. No. 17 of 2014

1 Definitions

1. In this Order—

the “1851 Act” means the Petty Sessions (Ireland) Act 1851;

the “1986 Act” means the Courts (No. 3) Act 1986 (No. 33 of 1986);

the “1991 Act” means the Courts Act 1991 (No. 20 of 1991).

a “document” means a “District Court document” within the meaning of section

7(1) of the Courts Act 1964.

2 Service of summons in criminal proceedings

2. (1) In proceedings by way of summons in which the prosecutor is the Director of Public Prosecutions or an officer or member of the Garda Síochána, a Minister of the Government or a Minister of State or an officer of either such Minister, or an officer of the Revenue Commissioners, a document shall be served by a member of the Garda Síochána, or by any other person or any other means authorised by statute or these Rules or otherwise as directed by the Court.

(2) A member of the Garda Síochána shall not serve a document in any proceedings in which that member is the person instituting the proceedings.

3 Mode of service — summary jurisdiction: section 22, Courts Act 1991

3. In a case of summary jurisdiction to which section 22(1) of the Courts Act 1991 relates, a summons may, subject to the provisions of that section, be served upon the person to whom it is directed—

      (a) by sending, by registered prepaid post, a copy thereof in an envelope addressed to that person at his or her last known residence or most usual place of abode or at his or her place of business in the State, or

      (b) by delivery by hand, by a person (other than the person on whose behalf it purports to be issued) authorised by these Rules in that behalf, of a copy thereof in such an envelope as aforesaid.

4 Application to set aside

4. Where the Court has proceeded to hear a complaint or accusation to which a summons referred to in rule 3 relates and such person claims not to have had notice of the summons or the hearing to which it relates, application pursuant to section 22(6) of the said Act to have the proceedings set aside may be made in accordance with that section and rule 5.

5 Application to have proceedings set aside

5. (1) Where a summons has been issued under section 11(2) of the 1851 Act or section 1 of the 1986 Act and the Court has proceeded to hear the complaint or accusation to which the summons relates and the person to whom the summons is directed intends to apply pursuant to section 22(6)(a) of the 1991 Act to have the proceedings set aside on the ground that he or she did not receive notice of the summons or of the hearing to which the summons relates, such application may be made at any sitting of the Court for the transaction of summary business for the Court area wherein the hearing to which the summons relates has taken place.

(2) Where the application is not made within 21 days after the summons or hearing comes to the notice of the applicant, a further period within which to make the application may be sought ex parte at any sitting of the Court for the relevant Court area.

(3) Notice of an application to have proceedings set aside must be in the Form 10.5, Schedule B, and when completed, must forthwith be lodged with the Clerk for the relevant Court area.

(4) On receipt of the notice, the Clerk must enter and, having regard to the provisions of section 22(6)(b) of the 1991 Act, must list the matter for hearing and give, or send by ordinary post, to the applicant and the opposing party named in the proceedings a notice in the Form 10.6, Schedule B.

(5) The order of the Court on hearing the application must be in the Form 10.7, Schedule B.

6 Application of certain provisions of Order 41

6. The provisions of Order 41, rules 3 to 19 inclusive as regards mode of service, service on particular parties, proof of service and related matters, apply with the necessary modifications in criminal proceedings in the Court.