S.I. No. 109/2012 - Circuit Court (Fees) Order 2012.

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S.I. No. 109/2012 - Circuit Court (Fees) Order 2012.

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Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 6th April, 2012.
I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 65 (as amended by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Courts of Justice Act 1936 (No. 48 of 1936) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:
1. (1) This Order may be cited as the Circuit Court (Fees) Order 2012.
(2) This Order shall come into operation on 10 April 2012.
2. There shall be charged in the offices of the Circuit Court, in respect of each item set out in column (1) of each Part of the Schedule, the fee set out in column (2) of the Part concerned opposite the mention of the item.
3. No fee shall be payable under this Order in—
(a) any family law proceedings,
(b) any matrimonial cause or matter, or
(c) proceedings brought by a health board or health authority in any matter relating to minors.
4. (1) No fee shall be payable under this Order by, or on behalf of—
(a) the Attorney General, in proceedings to which he or she is a party,
(b) the Director of Public Prosecutions, in proceedings to which he or she is a party,
(c) a member of the Garda Síochána, in proceedings for an offence brought by the member concerned,
(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 the Criminal Justice (Community Service) Act 1983 (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,
(b) the Chief Prosecution Solicitor, or
(c) 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.
5. The Circuit Court (Fees) Order 2011 ( S.I. No. 407 of 2011 ) is revoked.
SCHEDULE
FEES IN CIRCUIT COURT OFFICES
PART 1
General
Item

(1)
Fee

(2)
1
On every affidavit filed
€12.00
2
On every copy of any document
€15.00
3
On every search
€12.00
4
On every stamping of an un-stamped document given in evidence
€55.00
5
On every application to the court ex parte or otherwise not specifically provided for
€68.00
6
On every certificate not otherwise provided for
€12.00
7
On a summons to tax
€68.00
8
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
€8.00
9
On the issue of a certificate of taxation
€68.00
10
On every application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority
€17.00
PART 2
Certain proceedings under Rules of the Circuit Court
Item

(1)
Fee

(2)
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
€68.00
2
On the filing of every Defence
€12.00
3
On the filing of every counterclaim or set-off
€12.00
4
On every notice of indemnity or of contribution in a civil case
€12.00
5
On entry of every notice of motion or ex parte application
€60.00
6
On every notice of trial
€60.00
7
On every witness summons
€12.00
8
On every judgment by default entered in the office (including affidavit of debt, certificate of no appearance, defence and request for execution order)
€120.00
PART 3
Proceedings under Licensing Acts 1833 to 2011 and Registration of Clubs Acts 1904 to 2008
Item

(1)
Fee

(2)
1
On every application for a declaration under the Licensing Acts
€330
2
On every application for a certificate consequent on a declaration under the Licensing Acts
€330
3
On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts
€330
4
On every application for a declaration under the Registration of Clubs Acts
€330
The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.
GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
28 March 2012.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
GIVEN under my Official Seal,
28 March 2012.
ALAN SHATTER,
Minister for Justice and Equality.
EXPLANATORY NOTE
(This does not form part of the Instrument and does not purport to be a legal interpretation.)
This order revokes the Circuit Court (Fees) Order, 2011 ( S.I. No. 407 of 2011 ).
This Order provides for the fees to be charged in Circuit Court offices with effect from 10 April 2012.
In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.

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