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Circuit Court Rules

Schedule: B - Forms

Form: 37L Summons to attend case progression hearing
S.I. No. 207 of 2017
FORM 37 L

AN CHÚIRT TEAGHLAIGH CHUARDA

THE CIRCUIT FAMILY COURT


CIRCUIT

COUNTY OF

20.. No....

Between A.B., Applicant

and C.D., Respondent


SUMMONS TO ATTEND CASE PROGRESSION HEARING

Take Notice that these proceedings will appear in the County Registrar’s List on the .... day of ...... 20 ..... at ........ for the purposes of a case progression hearing, at which

*[You and your solicitor are required to attend]

* [You are required to attend].

** [TAKE NOTICE that, unless the other party dispenses in writing with the requirement of vouching, you are required to vouch all items in your Affidavit of Means within 28 days of the date of filing of the Respondent’s Affidavit of Means or 21 days before the date mentioned above for the case progression hearing, whichever be the earlier.]

AND FURTHER TAKE NOTICE, that if you seek a pension adjustment order in your proceedings, you are required within 14 days of the service of your Civil Bill (see Order 59, Rule 4(7)(a) of the Circuit Court Rules) or as the case may be, within seven days of the service of your Defence (see Order 59, Rule 4(9)(a) of the Circuit Court Rules), to (i) serve on the Trustees of the relevant Pension Scheme concerned and file a Notice, (ii) file an Affidavit of Service in respect of the service of the said Notice and (iii) serve on the other party a copy of such Notice and Affidavit of Service.

AND FURTHER TAKE NOTICE that each party shall complete and file in the Circuit Court Office a Case Progression Questionnaire, a copy of which is attached, at least seven days in advance of the date fixed for the case progression hearing.

All items in the Affidavit of Means of the parties shall be properly vouched to the other party. Such vouching shall, where relevant, include, but is not limited to, the following:

(i) Statements including credit cards statements from each and every bank or other financial institution at which an account has been maintained or funds otherwise held by, to the order or for the benefit of the party concerned, whether in that party’s name or otherwise, for a period of one year prior to the date on which the Civil Bill was issued;

(ii) Detailed particulars of the assets and liabilities of each party (including benefits accruing and liabilities arising under any contingency) in existence at the commencement of, or acquired or incurred during the period of one year prior to the date on which the Civil Bill was issued;

(iii) Copies of any guarantees/indemnities given by or existing in favour of either party;

(iv) Copies of all tax returns returned by the party concerned for the last complete tax year ending in the period of one year prior to the date on which the Civil Bill was issued and for any subsequent complete tax year, and of assessments to tax made upon the party concerned for that tax year or those tax years, together with supporting documentation and balancing statements;

(v) P60s for the party concerned for the last complete tax year ending in the period of one year prior to the date on which the Civil Bill was issued and for any subsequent complete tax year together with pay slips for any subsequent period showing the pattern of income during that subsequent period and up to the date of vouching and any deductions at source therefrom;

(vi) Sets of full annual accounts for the last complete year of trading ending in the period of one year prior to the date on which the Civil Bill was issued (audited where required by law together with, where such accounts are required by law to be audited but audited accounts have not been produced for that period, the most recent audited accounts) of any company, partnership, profession or business in which any party has a shareholding or interest, save for a company which is publicly quoted in a recognised exchange, or as otherwise directed by the County Registrar;

(vii) Detailed particulars of any grants, subsidies, payments from any public fund or agency, or similar benefits for a one year period;

(viii) Detailed particulars of any pension and insurance/assurance policies or their equivalent;

(ix) Detailed particulars of any settlement, trust or other instrument of equivalent effect of which the party concerned is settlor, beneficiary or a potential beneficiary;

(x) Detailed particulars of any benefits received under any of the instruments mentioned at (ix);

(xi) Vouching shall be for the period from the date which is one year before the date on which the Civil Bill was issued to date unless otherwise directed by the Court or by the County Registrar, or agreed between the parties.

Any application in relation to the vouching done or to be done by either party may be made to the County Registrar at the case progression hearing.

Dated

(Signed)

County Registrar

Combined Office Manager / Nominated Signatory on behalf of the County Registrar

To: .................... (Applicant/Solicitor for the Applicant)

And to: ................. (Respondent/Solicitor for the Respondent)

* Insert as appropriate

** Insert where a Defence has been filed: see Order 59, Rule 4(17)(a) of the Circuit Court Rules. Delete where the Summons is issued in the Dublin Circuit where both parties have lodged a joint certificate of completion of the pre-case progression steps.