S.I. No. 88/2003 -- Circuit Court (Fees) Order 2003

S.I. No. 88/2003 -- Circuit Court (Fees) Order 2003 2003 88

STATUTORY INSTRUMENT

S. I. No. 88 of 2003

CIRCUIT COURT (FEES) ORDER 2003

PUBLISHED BY THE STATIONERY OFFICE, DUBLIN

TO BE PURCHASED FROM

THE GOVERNMENT PUBLICATIONS SALE OFFICE

SUN ALLIANCE HOUSE

MOLESWORTH STREET, DUBLIN 2

OR THROUGH ANY BOOKSELLER.

S.I. No. 88 of 2003

CIRCUIT COURT (FEES) ORDER 2003

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act 1936 ( No. 48 of 1936 ) as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 ), and with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Circuit Court (Fees) Order 2003.

(2) This Order comes into operation on 10^th March, 2003.

2. No. 38 of 1937 ) applies to this Order.

3. There shall be charged in the offices of the Circuit Court, in respect of each item set out in column (1) of the Schedule to this Order, the fee set out in column (2) of that Schedule opposite the mention of the item.

4. No fee shall be payable under this Order in any family law proceedings, in any matrimonial cause or matter, or in proceedings brought by a health board or health authority in any matter relating to minors.

5. (1) No fee shall be payable under this Order by, or on behalf of -

(a) the Attorney General, in proceedings to which he is a party,

(b) the Director of Public Prosecutions, in proceedings to which he is a party,

(d) a Minister of the Government, in proceedings brought by the Minister of the Government concerned, or

(e) a probation and welfare officer, in proceedings under the Probation of Offenders Act 1907 or No. 23 of 1983 ).

(2) No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by-

(a) the Chief State Solicitor, or

(b) a local State Solicitor acting in that capacity.

(3) No fee shall be payable under this Order in respect of a witness called to give evidence in proceedings to which this Article applies by or on behalf of a person to whom this Article applies.

6. The payment of the fee chargeable in respect of an item mentioned in column (1) of the Schedule to this Order shall be recorded by means of a stamp impressed on the document or court fee card, as may be appropriate, mentioned in column (3) of that Schedule, opposite the mention of the item.

7. The Circuit Court (Fees) (No.2) Order 2001 ( S.I. No. 486 of 2001 ) is revoked.

SCHEDULE

FEES IN CIRCUIT COURT OFFICES

PART 1

General

	Item (1)	Fee (2)	Document to be stamped (3)
1	On every affidavit filed	€9.00	The affidavit
2	On every copy of any document	€5.00	The copy or court fee card
3	On every copy document sealed, certified or attested a true copy	€9.00	The copy or court fee card
4	On every search	€9.00	Court fee card
5	On every stamping of an un-stamped document given in evidence	€40.00	The requisition to stamp
6	On every application to the court ex parte or otherwise not specifically provided for	€17.00	The application
7	On every order not otherwise provided for	€17.00	The order or the request for same
8	On every certificate not otherwise provided for	€9.00	Court fee card
9	On a summons to tax	€13.00	The summons
10	On the taxation of a bill of costs- for every full €100 in the amount (including witnesses' and other expenses and Value Added Tax) allowed	€9.00	The original bill or court fee card
11	On the issue of a certificate of taxation	€18.00	The certificate or court fee card

PART 2

Certain proceedings under Rules of the Circuit Court

	Item (1)	Fee (2)	Document to be stamped (3)
1	On the issue of every civil bill (excluding civil bills in respect of Family Law proceedings), summons, petition or originating notice of application to the court or to the County Registrar not otherwise provided for in this Order and on every notice of appeal other than appeals from the District Court	€45.00	The originating document
2	On the filing of every Answer	€9.00	The document filed
3	On the filing of every counterclaim or set-off	€9.00	The document filed
4	On every notice of indemnity or of contribution in a civil case	€9.00	The document filed
5	On entry of every notice of motion or ex parte application	€18.00	The original notice or ex parte docket
6	On every notice of trial	€25.00	The notice
7	On every witness summons	€9.00	The requisition for issue or summons
8	On every decree or order other than a final order made by the Circuit Judge or County Registrar in any proceedings under item 1	€18.00	The decree or order or request for same
9	On every decree, dismiss or final order other than under item 10	€50.00	The decree or order or request for same
10	On every judgment by default entered in the office (including affidavit of debt, certificate of no appearance, defence and request for execution order)	€70.00	The request for judgment

PART 3

Proceedings under Licensing Acts 1833 to 2000 and Registration of Clubs Acts 1904 to 2000.

	Item (1)	Fee (2)	Document to be stamped (3)
1	On every application for a declaration under the Licensing Acts	€105	The notice
2	On every application for a certificate consequent on a declaration under the Licensing Acts	€105	The notice
3	On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts	€210	The notice
4	On every application for a declaration under the Registration of Clubs Acts	€210	The notice

	GIVEN under my Official Seal, 5^th March, 2003.

	MICHAEL McDOWELL
	________________________ Minister for Justice, Equality and Law Reform.

The Minister for Finance consents to the making of the foregoing Order.

GIVEN under my Official Seal,

5^th March, 2003.

../images/seal.jpg

CHARLIE McCREEVY

________________________

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order revokes the Circuit Court (Fees) (No. 2) Order, 2001 ( S.I. No. 486 of 2001 ).

The Order provides for the fees to be charged in Circuit Court Offices with effect from 10^th March, 2003.

In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.

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S.I. No. 88/2003 -- Circuit Court (Fees) Order 2003