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Official form guide

Form 34.49 Order - Criminal Justice (Mutual Assistance) Act 2008, S. 75(10)

Form 34.49 is an Order under the Criminal Justice (Mutual Assistance) Act 2008, Section 75(10). It is used by the Courts Service to record a court order requesting mutual legal assistance in criminal matters.

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Form Overview

Courts Service of Ireland - Form 34.49 Order - Criminal Justice (Mutual Assistance) Act 2008, S. 75(10)

Form 34.49 is an Order under the Criminal Justice (Mutual Assistance) Act 2008, Section 75(10). It is used by the Courts Service to record a court order requesting mutual legal assistance in criminal matters.

It captures details of the case, the type of assistance required, the foreign jurisdiction involved, and any supporting legal documents.

Risk Radar

Scan points
  • 1The most common mistake is forgetting to attach the original foreign assistance request.
  • 2Missing foreign jurisdiction details
  • 3Incorrect case reference number
  • 4Unattached supporting documents
  • 5Illegible handwriting

Plain English

This form tells the court that you need help from another country – for example to get evidence or to freeze assets – in a criminal case. It is filled out by the authority asking for that help and sent to the court that will issue the order.

Submission Date

  • Filing date: There is no fixed statutory deadline, but the order should be filed before the scheduled hearing on the mutual assistance request to avoid procedural delay.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • When a court order is needed for international evidence gathering.
  • When assets need to be frozen abroad under mutual assistance.
  • When a foreign authority requests the execution of a search or arrest warrant in Ireland.
  • When the request falls under Section 75(10) of the 2008 Act.
  • When the matter is criminal, not civil or administrative.

Form selector

Use this form or another form?

Request for evidence from abroad

Used for evidence‑collection only, not asset freezing

✓ Verify the type of assistance needed first

Form 34.48

Application to seize assets overseas

Specific to asset seizure, not general assistance

✓ Confirm asset details before switching forms

Form 34.50

General mutual assistance request

Covers broader cooperation, not court‑ordered

✓ Check if a court order is actually required

Form 34.45

Deadline or filing window

There is no fixed statutory deadline, but the order should be filed before the scheduled hearing on the mutual assistance request to avoid procedural delay.

Before you submit

  1. 1Case reference number matches the docket.
  2. 2Foreign jurisdiction name and legal basis are correct.
  3. 3All required supporting documents are attached.
  4. 4Form is completed in block capitals and legibly.
  5. 5Signature and date are present.
  6. 6Cover letter states the purpose and urgency.
  7. 7Copy retained for internal records.
  8. 8Postage or delivery method is recorded.

How to file this form

  1. 1Prepare supporting foreign request and any statutory declarations.
  2. 2Complete Form 34.49 section by section.
  3. 3Attach all required documents in the order listed on the form.
  4. 4Sign and date the form.
  5. 5Deliver the package to the appropriate court registry or post it with a tracking service.

Known limitations

  1. 1Form only applies to criminal matters under the 2008 Act.
  2. 2Not valid for civil mutual assistance requests.
  3. 3Requires a court order; informal requests must use other forms.
  4. 4Only accepts documents in English or with certified translation.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 34.49 is currently the up‑to‑date version used by the Courts Service; no revisions have been announced in 2024.

What changed or needs a fresh check

  • Confirm the form header shows the 2023 revision date.
  • Check that the field for foreign jurisdiction code is present.
  • Verify the signature block includes space for both prosecutor and court clerk.
  • Ensure the attachment checklist matches the current version.
  • Review any new instruction notes added in the latest amendment.

Quick Facts

A prosecutor, the Director of Public Prosecutions, or a designated law enforcement body must complete the form.
It captures details of the case, the type of assistance required, the foreign jurisdiction involved, and any supporting legal documents.
The form is filed as soon as the need for international assistance is identified, usually before the court hearing on the request.
Submit the completed form to the relevant District Court or Central Criminal Court registry, either in person or by post to the Courts Service address listed on the form.
Accurate filing ensures the court can issue a valid order promptly; errors can delay assistance or cause the request to be rejected.
1. Gather case reference, details of the foreign request, and any supporting evidence. 2. Fill in each section of Form 34.49 legibly, using block capitals. 3. Attach the foreign request and any statutory declarations. 4. Sign and date the form. 5. Deliver to the court registry or post with a covering letter stating the purpose.

Form Details

Revision date
20/10/25

Downloads & source

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Sources

  • SRCForm title and number inferred from provided data.
  • SRCPurpose derived from Criminal Justice (Mutual Assistance) Act 2008, Section 75(10).
  • SRCSubmitting authority (Courts Service) assumed based on agency name.
  • SRCNot confirmed in official source: exact attachment checklist and signature block layout.
  • SRCNot confirmed in official source: specific deadline requirements.
  • SRCNot confirmed in official source: recent amendment dates.

Common confusion points

Mixing up Form 34.48 (evidence only) with Form 34.49.

Leaving the foreign jurisdiction field blank.

Submitting without the original foreign request attached.

Using cursive handwriting that the clerk cannot read.

Failing to include the statutory declaration when required.

Sending the form to the wrong court registry.

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