Notice period for court date

Questions47

Is there any circumstances when less than 7 days notice is required for a family law circuit court date?
Is 7 days the minimum notice needed for a summons delivered either by personal service, substituted service or ordinary post?
Can a judge alter the amount of notice days necessary for the respondent before the court date?

Really Interested

Questions47 wrote: »

Is there any circumstances when less than 7 days notice is required for a family law circuit court date?
Is 7 days the minimum notice needed for a summons delivered either by personal service, substituted service or ordinary post?
Can a judge alter the amount of notice days necessary for the respondent before the court date?

Notice periods are Court dependant and issue dependant. That is the District Court can have different requirements than the Circuit Court, also different things can have different notice periods. A judge can give an order for short service if satisfied its required.

http://courts.ie/rules.nsf/LookupPageLink/index?OpenDocument

Link to the rues above.

Questions47

Really Interested wrote:

Notice periods are Court dependant and issue dependant. That is the District Court can have different requirements than the Circuit Court, also different things can have different notice periods. A judge can give an order for short service if satisfied its required.

I can't find anything about notice days in that link. Is the respondent notified of short service? As far as I was aware if you don't receive correct notice, you're not obliged to turn up

Really Interested

Questions47 wrote: »

I can't find anything about notice days in that link. Is the respondent notified of short service? As far as I was aware if you don't receive correct notice, you're not obliged to turn up

Order 41 of the District Court rules Rule 18. Save where otherwise provided by another enactment or by these Rules, a document which must be served before a hearing in the Court must be served at least seven days or, in the case of service by registered prepaid post, at least 21 days, before the date fixed for the hearing concerned.

any person who has been served who has a question about service would be best advised to go to a solicitor. If the person is wrong on their opinion they risk a Garda car turning up with a bench warrant.

Questions47

Really Interested wrote:

any person who has been served who has a question about service would be best advised to go to a solicitor. If the person is wrong on their opinion they risk a Garda car turning up with a bench warrant.

OK, I see 4 clear days is my answer. What is a "clear day"?

Fred Swanson

This post has been deleted.

Questions47

Does that include the day of service and the day of the hearing?

Does it include weekends?

lifeandtimes

A judge can change it if they wish in extreme cases to one day and can even issue a warrant for the person to be arrested and brought before them

Questions47

lifeandtimes wrote:

A judge can change it if they wish in extreme cases to one day and can even issue a warrant for the person to be arrested and brought before them

Issue a warrant to someone who hasn't of yet not turned up?

Really Interested

Questions47 wrote: »

Issue a warrant to someone who hasn't of yet not turned up?

No a bench warrant would only be issued if a person does not turn up. If it comes to the courts attention that there was some issue with service then the person may be correctly served and the process starts over. In any case, it is delaying what will eventually be heard.

lifeandtimes

Questions47 wrote: »

Issue a warrant to someone who hasn't of yet not turned up?

Extreme cases.

Usually would the person the summons has been issued to has been before the judge before or they have never appeared before them after numerous summons and the judge is now pissed

Really Interested

lifeandtimes wrote: »

Extreme cases.

Usually would the person the summons has been issued to has been before the judge before or they have never appeared before them after numerous summons and the judge is now pissed

What power would any Judge have to issue a bench warrant, for a person to be arrested and brought before him for a hearing date that has not happened yet?

Questions47

lifeandtimes wrote:

Usually would the person the summons has been issued to has been before the judge before or they have never appeared before them after numerous summons and the judge is now pissed

In family law? So technically a person could come back from their holidays and have a short notice summons waiting for them on their doormat and the guards to arrest them because of a court date they didn't know about.

Really Interested

Questions47 wrote: »

In family law? So technically a person could come back from their holidays and have a short notice summons waiting for them on their doormat and the guards to arrest them because of a court date they didn't know about.

The question asked was "hasn't of yet not turned up" i took that to maen the person was asking could a person be arrested for not showing up at some hearing in the future. I assume where a person has said to a Plaintiff im not turning up on Friday as you did not serve me. I doubt such a situation could happen.

Questions47

lifeandtimes wrote:

Usually would the person the summons has been issued to has been before the judge before or they have never appeared before them after numerous summons and the judge is now pissed

So technically someone could come back from their holidays with a short notice summons on their doormat and the guards waiting to arrest the over a court date they didn't know about?

Really Interested

Questions47 wrote: »

So technically someone could come back from their holidays with a short notice summons on their doormat and the guards waiting to arrest the over a court date they didn't know about?

Well technically yes, but very doubtful. There would be many issues with service, in such a situation.

Questions47

Really Interested wrote:

Well technically yes, but very doubtful. There would be many issues with service, in such a situation.

What kind of issues??

Really Interested

Questions47 wrote: »

What kind of issues??

Was the document served correctly, as according to the rules, was the other party aware that the person was out of the country.

If a person found themselves in such a situation they would of course be best advised to seek proper legal advice where a solicitor with all the facts could give real advice in a real situation.

Questions47

This is out of the realms of my reason for asking my original question so not legal advice or anything but say a summons just couldn't be served at all or the person not found would the judge not issue an arrest warrant in that case?

Also could the persons solicitor just accept substituted service within the notice period?

Really Interested

Questions47 wrote: »

This is out of the realms of my reason for asking my original question so not legal advice or anything but say a summons just couldn't be served at all or the person not found would the judge not issue an arrest warrant in that case?

Not legal advice, but if a document can not be served then a motion will have to be brought to effect other types of service, which can include service by way of publication in a newspaper. Once a court is satisfied that the person has been correctly served then a bench warrant may issue, once the person is arrested and produced then the summons has done its job, got the person before the court.

Questions47

Really Interested wrote:

Not legal advice, but if a document can not be served then a motion will have to be brought to effect other types of service, which can include service by way of publication in a newspaper. Once a court is satisfied that the person has been correctly served then a bench warrant may issue, once the person is arrested and produced then the summons has done its job, got the person before the court.

Can publication in a newspaper be used in family law? They don't even use peoples full names in the call over to protect the children involved?

Really Interested

Questions47 wrote: »

Can publication in a newspaper be used in family law? They don't even use peoples full names in the call over to protect the children involved?

Have no idea.

Fred Swanson

This post has been deleted.

lifeandtimes

Just an example but if someone goes on holidays for 2 weeks and was due to pay maintenance on the Friday which is the day they leave and didn't and in our example this is the second breach after being in front of a judge who expressed specifically if this person did not pay maintenance they would be brought before the judge immedialty. Once the breach is lodged the judge can issue a summons with a court date for the next day or so if they wished as this person would be f-ing the court around.said summons can be sent by registered post,currier or whatever depending how pissed off the judge is. If they don't show up then they can have a warrant issued yes.

But as I said before these are extreme but not outside the realm of possibility