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Trying to learn about District Court Procedures generally

  • 26-11-2023 12:43pm
    #1
    GoingLinux
    Registered Users Posts: 37 ✭


    HI,

    I am not seeking legal advice about a specific issue, rather I am trying to understand district court procedures/forms generally.

    I am caught in a chicken and the egg type misunderstanding. I seem to be missing something and would appreciate it if someone could explain it to me.


    Say for example you were going to make an application to the District Court for a Work order relating to a party boundary.

    So you go to https://www.courts.ie/content/forms-civil-proceedings and find form No:93A.2Notice Of Application For Works Order - Land And Conveyancing Law Reform Act 2009, Section 45.


    Well, when completing this form, it states:

    TAKE NOTICE that the above-named applicant, being the building owner of a building or land adjoining premises or land at ....................... in the court area and district aforesaid in or on which the applicant wishes to exercise rights under section 44 of the above-mentioned Act to carry out works to a party structure, namely, .............., will apply to the District Court sitting at ..................... on the ....... day of ..............20.... at ....... a.m./p.m. under section 45 of the said Act for a works order authorising the carrying out of specified works, namely: 

    Now, when completing the form I don't know what hearing date is available.

    This suggest that something else must be done to first get a hearing date before this form can be completed - but I don't see any forms for that.

    How is it done in practice?

    Surely you don't just pick a date and just swan in on the date. There must be some paperwork or procedure to get listed to make an application on a given day, right?

    I don't think you have to have had experience with a party order to explain that step - it seems to be needed for everything. What do you have to do?

    How do you interact with the Registrar or whatever for this?



Comments

  • #2
    phildub
    Registered Users Posts: 260 ✭✭phildub


    Go into the district court office and ask them when the next date is for these matters, taking into consideration that you will need to abide by the rules of service. If you can't call into the office google the number and ring them and ask the date



  • #3
    GoingLinux
    Registered Users Posts: 37 ✭GoingLinux


    https://www.boards.ie/discussion/comment/121422162#Comment_121422162

    I find that the staff won't answer basic questions and tell me to ask a solicitor.



  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,899 ✭✭✭✭Peregrinus


    https://www.boards.ie/discussion/comment/121423799#Comment_121423799

    Court staff can't answer questions about what you should do — that's giving legal advice, plus it requires them to make an assessment of your interests. All that is way outside their role. But they will happily answer questions about process — what is the next sitting date for X? How long is the notice period for Y?



  • #5
    GoingLinux
    Registered Users Posts: 37 ✭GoingLinux


    I phrased the question differently to a different person and they said they give the date when stamping the form, thanks.

    Can I ask folks, if a person wants to call a (friendly) witness who does not need to be compelled to attend(will be there for sure), do they need to have done a witness summons for them first in other to call them?



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