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Rules of the Superior Courts

Amendment to: Order 12
S.I. No. 506 of 2005: Rules of the Superior Courts (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2005


1. The Rules of the Superior Courts are hereby amended by:

.....


    (viii) the insertion of the following as Order 12, rule 2(3) and rule 2(4), in substitution for the existing Order 12, rule 2(3) and rule 2(4):
        “(3) An appearance to an originating summons or a reply to an originating document in respect of proceedings issued for service out of the jurisdiction under Order 11A, rule 2, Order 11B, rule 2 or Order 11C, rule 2 (including an appearance or reply entered solely to contest jurisdiction) shall be entered -

          (a) within five weeks after the service of the summons or document exclusive of the day of service where an originating summons or other originating document or notice of summons or other originating document is served in the European territory of another Member State of the European Union or of another Contracting State of the Lugano Convention, or

          (b) within six weeks after the service of the summons or document exclusive of the day of service where an originating summons or other originating document or notice of summons or other originating document is served in any non-European territory of any Member State of the European Union or Contracting State of the Lugano Convention, or any co-defendant who is not domiciled in a Member State of the European Union or Contracting State of the Lugano Convention.


        (4) For the purposes of this rule:

          "1998 Act" means the Jurisdiction of Courts and Enforcement of Judgments Act 1998;
          "Contracting State of the Lugano Convention" has the same meaning as in Order 11B, rule 9;
          "domicile" is to be determined, as the case may be, in accordance with the provisions of Article 2 of Regulation 2201/2003 or Articles 59 and 60 of Regulation No. 44/2001 or section 15 and the Ninth Schedule of the 1998 Act;
          "Regulation No. 44/2001" has the same meaning as in Order 11A, rule 9;
          "Regulation No. 2201/2003" has the same meaning as in Order 11C, rule 9.”
.....