District Court

Jurisdiction and Powers There are District court areas throughout the State. The State is divided into   Districts and each District is divided into a number of District Court Areas. In  Dublin and other major urban areas,  District Courts sit on a permanent basis. Outside of these areas,  the District Judge travels through the District with Civil and criminal hearings on a regular scheduled basis in towns and other areas. The civil sittings are held separately from criminal family and licensing cases. The District Court is administered through the District Court Offices throughout the State. The District Court Clerk attached to the office sits in court with the District judges, He calls the cases, administers oaths and makes records of the court orders. The District Court Office issue Civil Summons and other applications made in the District Court. The District Court hears minor criminal offences where maximum possible imprisonment is no more than one year or a fine not exceeding €6,000.… Read the rest

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District Court Civil Procedure Rules. The District Court Civil Procedure Rules were reformed significantly upon the occasion of the increase in District Court jurisdiction in February 2014.  The changed rules followed the significant increase in the value of civil cases within the jurisdiction of the District Court. The rules apply to civil proceedings, which cover all non-criminal proceedings. Where the District Court Rules do not make specific provision for any particular matter or there is doubt about the manner or form of procedure, the Court may give directions as to what procedure is to be adopted. Where no form is prescribed in relation to any step or notification in proceedings, the equivalent Circuit Court or High Court forms may be used. The failure to comply with the Rules is an irregularity and does not generally render the civil proceedings or steps taken under them, void.  If there is a failure to comply with the Rules, the Courts may set aside the proceedings either wholly or in part; set aside a step taken in the proceedings or any document or order; or exercise its powers under the rules to allow amendments and make orders dealing with the proceeding generally.… Read the rest

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Appearance and Defence The 2014 District Court (Civil Procedure) Rules provide for the filing of an appearance and defence for the first time.  Previously, it was generally sufficient for a respondent who wished to defend a claim,  to serve a notice of intention to defend, without setting out the grounds of defence. A respondent who intends to defend civil proceedings must give by post to the claimant or his solicitor, an appearance and defence within 28 days of service of the claim notice. The appearance and defence is a single document in most cases. A copy must be filed with the District Court. A respondent on whom a civil summons which does not require the delivery of a written defence is served within the State is not required to serve or file such an appearance. Where a claim notice or other document is served outside the State under the Rules, the time for filing of an appearance is five weeks from service, in the case service within the European Union and six weeks in the case of service outside the European Union, including the non-European Union territory of European Union States.… Read the rest

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Pre-trial Applications Pre-trial applications may be made in the District Court, in much the same way as in other Courts.  An application is made by a notice of a notice of motion. Unless the Court otherwise directs, must be supported by an affidavit. The form of notice of motion is prescribed by the Rules. Unless the Rules otherwise provide, the moving party other than in the case of a motion which is allowed to be made ex parte (unilateral application), must give at least 48 hours’ notice in writing to the Clerk of the Court.  This filing of a notice of motion or application for issue, is deemed notice of the intention to make the application. A notice of motion must set out direct particulars of the order, direction or relief sought, as appropriate to the case and a summary of the grounds of the application.  Where relevant, it must contain a statement of the provisions of law including the provisions of any enactment relied on in making the application. … Read the rest

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Notice of Trial Where an appearance and defence have been served and filed, the claimant may serve a notice of trial in the form prescribed by the Rule.  Not less than 10 days notice of trial must be given to the respondent and all other necessary parties.  The parties may agree a shorter period. The notice of trial must be filed with the Clerk promptly following service.  A separate copy must be filed for each additional party.  Unless otherwise requested by the party giving notice of trial or otherwise directed, the notice of trial operates to set the claim down for hearing at the next available time following expiry of the period mentioned in the notice of trial as is assigned by the Clerk. Unless the Court and Clerk otherwise direct, the next available time is the next available sitting of the Court for civil business for the Court area.   The case is heard at such time at which the claim comes in its order in the list.… Read the rest

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Witness Summons A party desiring the attendance of any person to give evidence or produce any books, papers or documents in Court, may apply to the  Clerk for a witness summons requiring the person to attend at the place and time specified for the hearing. A witness summons directed against an Officer of the State to attend and produce any books, papers and documents to the Court requires a Court order.  In the case of difficulty regarding the issue of a witnesses summons, application may be made to Court for an appropriate order. A witness summons must be served personally or by registered post unless the Court otherwise directs. If the Court is of the opinion that the witness was not given reasonable time to enable him appear or that his reasonable expenses of attending have not been paid or offered to him, the Court may set aside or disregard the witness summons.… Read the rest

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Hearing Unless otherwise agreed in writing by all of the parties to the proceeding, and subject to the law of evidence, witnesses at the trial of any claim must be examined orally on oath in open Court.  The Court may at any time for such reasons as it thinks right order that a particular fact may be proved by affidavit, or that the affidavit of a witness may be read at the hearing or trial on such conditions as the Court thinks reasonable. An order may not be made authorising the evidence of a witness to be given by affidavit where it appears to the Court that another party bona fide requires the production of the witness for cross-examination, and that the witness can be produced. Documents put in evidence must be marked by an officer of the Court. Subject to any direction of the Court, the party who tendered any document in evidence is entitled to the return of that document.… Read the rest

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Appeal to Circuit Court An appeal lies from many decision of the District Court to the Circuit Court.  The relevant Circuit Court is that for the circuit in which the relevant district is situate. An appeal from the District Court is brought by Notice of Appeal.  It must be served on all parties within 14 days of the date of the decision appealed against.  It  may be served on a solicitor for a party who is legally represented.  Where the party has not been represented by a solicitor, it must be served personally or by leaving it at the person’s residence or place of business with a person over 16 years’ of age. The Notice of Appeal must be lodged with the District Court offices. It may be lodged personally or by registered post. When an appeal is lodged, the appeal papers are transmitted by the District Court office to the relevant Circuit Court / County Registrar’s office.… Read the rest

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Small Claims Jurisdiction The District Court Small Claims procedure is intended as an informal method for resolution of disputes. The proceedings take place before the District Court Clerk, who acts as the Small Claims Registrar.  Generally, lawyers will not be involved. In accordance with the District Court rules, the claim must be made, where the respondent lives, where damages took place or where  the contract was made. A small claim is one not exceeding €2,000 in value, where the applicant is a consumer.  A consumer is person acting in the purchase of goods or services for private consumption.  He must not enter the transaction in the course of business. There are number of types of small claims.  They may relate to a consumer contract, claims for damage to property and  claims by a tenant for return of deposit, unless referred to the PRTB. Procedure The application is commenced by completing the prescribed form and lodging it with the Small Claims Registrar.… Read the rest

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Licensing The District Court plays a significant role in licensing matters.  See the separate chapters in relation to intoxicating liquor licences.  The District Court powers are exercised in tandem with the Circuit Court.  The District Court deals with more routine and regular licensing applications, while the Circuit Court deals with more fundamental matters, such as the grant of new licences. Each District Court holds a  licensing session to hear licensing matters. Each District Court holds an annual licensing court.  A variety of  applications must be  made at the annual licensing court, including in particular confirmations of transfers of licenses and challenges to license renewals generally. Most licenses are now renewed automatically by the Revenue Commissioners after the first year.  However, a third-party may lodge an objection with the applicant and the annual licensing District Court (held in September) in which case the court will deal with the matter. A wide range of originating applications in licensing matters, must be made to the District Court.… Read the rest

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