District Court Sittings - Cavan and Monaghan - September 2020
1. The following Practice Direction in relation to District Court sittings in the Counties of Cavan and Monaghan, District No. 5, shall come into operation from the 1st September 2020.
2. Where a Defendant is either on bail or on summons and is represented by a Solicitor, there is no requirement for the Defendant to attend Court. The matter can be dealt with in its entirety by the Solicitor. If attendance is necessary for election, return for trial etc., the Defendant should be told to attend alone and wait outside the building until called. Disclosure will be provided on request to the Court Presenters office and does not require an Order of the Court.
3.A member of An Garda Siochána will be in attendance each Court day to check who is present outside and to call Defendants into Court as required. Lists will be provided to the Garda by the Court Registrar at 10.00 a.m. each Court day.
4. All social distancing measures, hand hygiene protocols and cough etiquette must be observed in the Courthouse. The maximum number of people in the Courtroom must not exceed the number allowable as displayed at any time; this includes the Court Registrar and the Judge. Criminal lists will be called in the following format;
Application and custody matters at 10.30 a.m.;
Charge sheet matters at 11.00 a.m.;
Summonses at 12.00 noon.
5 .Solicitors and parties should only attend five minutes before their scheduled time and leave immediately when the case is finalised.
6. All Civil matters, excluding small claims and enforcement, will be adjourned generally with liberty to re-enter. The method for re-entry will be as set out below for Family Law.
7. All Family Law matters, except domestic violence and Child & Family Agency matters, will be adjourned generally with liberty to re-enter. Matters will be re-entered on written application, served on the other side, detailing the urgency for hearing. The re-entry form is attached to this direction. Matters will be listed once for a final Order. The lists for the Family Law Court in September and October will be circulated with this direction. Consent Orders will be facilitated by forwarding Consent Terms to email@example.com or firstname.lastname@example.org. There will be no requirement for either client or Solicitor to attend Court. The Office Manager will present the file with the Consent Terms to the Judge to have the Order made.
Please note that if matters are being re-entered they will be given a hearing date which, subject to numbers, may be months in advance. It is, therefore, preferable if consent can be reached between parties.
8. All Family Law lists will be staggered and parties will need to remain outside the building until called. Solicitors and parties should only attend five minutes before their scheduled time and leave immediately when the case is finalised.
10. In line with the direction of the President of the District Court, no new Access or Maintenance summonses should issue at this time. If a particularly urgent situation arises, details should be set out in an e-mail to the Court Office and the Judge will decide on a hearing date.
Signed: Denis McLoughlin
Judge of the District Court.
Covid 19 Application to Re-enter
District Court Area of___________________________________ District No._________
Family Law Matters Covid 19 – Notice to Re-Enter a matter listed between 16th March 2020 and 31st July 2020 in _______________ District Court.
Estimated duration of case:
Take notice that I wish to re-enter the above entitled matter before the District Court in
. The reason for the request to re-enter is as follows;
I confirm that I have had discussions with the other side in an attempt to agree a resolution and have not been successful .
I confirm that I have also served a copy of this notice on the *Respondent and/or the *Respondents Solicitor (*delete where applicable).
Signature of *Applicant/*Solicitor for Applicant (*delete where applicable):
Note (1) Please ensure a copy of the completed notice is served on the Respondent and/or the Respondent’s Solicitor.
Note (2) Please return completed notice and proof of service on the other side to: District Court Family Law section, The Courthouse, ___________________, Co.________