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District Court Rules

Amendment to: Order 101
S.I. No. 405 of 2017: District Court (European Account Preservation Order) Rules 2017


1. (1) These Rules, which shall come into operation on the 2nd day of October 2017, may be cited as the District Court (European Account Preservation Order) Rules 2017.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2017.

2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

....

      (ii) by the substitution for rule 1 of Order 101 of the following rule:

        “1. (1) Every appeal to the Circuit Court from a decision of the District Court shall be by notice of appeal (Form 101.1 or 101.2 Schedule D) which shall be served upon every party directly affected by the appeal within 14 days from the date on which the decision appealed from was given. The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of 14 days.

        (2) Notwithstanding sub-rule (1), every appeal to the Circuit Court under Article 21.1 of the EAPO Regulation (within the meaning of Order 52) against a decision of the Court rejecting the application in whole shall be by motion of appeal ex parte to the appropriate Circuit Court, to which shall be appended a copy of the original application for a Preservation Order, which shall be lodged within the time prescribed by Article 21.2 of the EAPO Regulation.

        (3) Notwithstanding sub-rule (1), every appeal to the Circuit Court under Article 37 of the EAPO Regulation (within the meaning of Order 52) shall be in the form set out in Annex IX to the Implementing Regulation (within the meaning of Order 52) which shall be served upon every party directly affected by the appeal within 14 days from the date on which the decision appealed from was given. The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of 14 days.”