Notice of the making of this Statutory Instrument was published in. References to any Regulation, Directive, Decision or Framework Decision adopted by the Council of the European Union, whether or not jointly with any other institution of the European Union, shall save where any such amendment or extension does not have force of law in the State be deemed to be references to such Regulation, Directive, Decision or Framework Decision as amended, extended or applied from time to time, and, where any subsequent Regulation, Directive, Decision or Framework Decision repealing such Regulation, Directive, Decision or Framework Decision expressly so provides, to a subsequent Regulation, Directive, Decision or Framework Decision.
The Circuit Court Rules are amended:. Where proceedings are commenced in the Court on the basis of jurisdiction derived from:. The Form numbered 5A in Schedule 3 shall be substituted for the form bearing the like number in the Schedule of Forms annexed to the Circuit Court Rules. The Forms numbered 40A and 40B in Schedule 3 shall be substituted, respectively, for the forms bearing the like numbers in the Schedule of Forms annexed to the Circuit Court Rules.
Notwithstanding the provisions of Order 13, service of a Civil Bill or notice thereof out of the jurisdiction is permissible without the leave of the Court if it complies with the following conditions:. Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, is to be served on him.
Service of an originating document or notice of an originating document to which this Order applies may be:. Where a Civil Bill or notice thereof is to be served out of the State under rule 1, the time to be inserted therein within which the person to be served shall enter an appearance shall beβ. The time for entering an appearance provided in Order 15, rule 2 shall be modified accordingly. The Judge may determine the question of jurisdiction on affidavit, or may direct the trial of an issue, with or without pleadings, as he may see fit, and may give such direction in relation thereto as he may see fit.
Where a person served with a Civil Bill outside the State pursuant to rule 1 has entered an Appearance, the time within which a Defence should be delivered by him shall be 28 days from the date of entry of his Appearance, or where an application has been brought for an order declining jurisdiction in accordance with rule 5, the time shall be 28 days from the date of determination of that application, unless the Court otherwise orders.
