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96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

This form is a summons used to request a court to vary, discharge, make interim, or ex parte orders under Section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023. It should be used when there's a need to modify or terminate an existing Section 28 order in criminal proceedings.

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Form Overview

96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

This form is a summons used to request a court to vary, discharge, make interim, or ex parte orders under Section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023. It should be used when there's a need to modify or terminate an existing Section 28 order in criminal proceedings.

The form captures details about the existing Section 28 order, the requested changes, reasons for the variation or discharge, and supporting evidence or arguments.

Risk Radar

  • The most common mistake is failing to provide adequate notice to all parties before filing.
  • Incorrectly completing the form with missing or inaccurate information
  • Failing to provide proper notice to all parties involved
  • Not attaching necessary supporting documentation
  • Using outdated versions of the form

Plain English

This form helps you ask a judge to change, end, or temporarily adjust a court order related to criminal cases under a specific Irish law. It's used when circumstances have changed or when you need different arrangements than what's currently ordered.

Submission Date

  • File this form as early as possible before your next court date, typically at least 7-10 days in advance to allow for proper service on all parties and court processing time.
  • 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

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What this form is for

  • Use this form when you need to change the terms of an existing Section 28 order
  • Use this form when you need to completely end an existing Section 28 order
  • Use this form when you need a temporary modification to an existing Section 28 order
  • Use this form when you need to make an application without notice to the other party (ex parte)
  • Do not use this form for initial applications under Section 28 - use the appropriate initial application form instead

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Situation: Initial application for an order under Section 28Likely form: 96C.12 Application for Section 28 OrderWhy it matters: Different procedures apply to initial applicationsCheck before you continue: Verify you're using the correct form for your specific request
Situation: Seeking to vary a civil orderLikely form: Appropriate civil procedure formWhy it matters: Different legislation and procedures apply to civil mattersCheck before you continue: Confirm you're dealing with criminal proceedings
Situation: Seeking to vary a family law orderLikely form: Family court application formWhy it matters: Family law has separate procedures and formsCheck before you continue: Ensure your case is not classified as a family law matter
Situation: Emergency application without noticeLikely form: 96C.12 with ex parte applicationWhy it matters: Special procedures apply when seeking ex parte ordersCheck before you continue: Verify you meet the legal threshold for ex parte applications

Deadline or filing window

File this form as early as possible before your next court date, typically at least 7-10 days in advance to allow for proper service on all parties and court processing time.

Before you submit

  • Verify you have the correct version of form 96C.12
  • Complete all required sections of the form
  • Include specific details about the current Section 28 order
  • Clearly state the exact changes you are requesting
  • Provide legal grounds for your application
  • Attach all relevant supporting documents
  • Ensure proper calculation of any fees required
  • Check that all parties will be properly served

How to file this form

  1. 1Obtain the correct version of form 96C.12 from the Courts Service website or court office
  2. 2Complete the form with accurate and detailed information about your request
  3. 3Prepare any supporting documents or evidence
  4. 4File the form with the appropriate court office
  5. 5Ensure proper service on all other parties according to court rules
  6. 6Attend any required court hearing
  7. 7Keep a copy of the filed form and any court orders

Known limitations

  • This form cannot be used for initial applications under Section 28
  • Ex parte applications require special legal justification
  • The court may refuse to hear your application if proper procedures are not followed
  • Changes to orders are not guaranteed and depend on court discretion
  • Some variations may require additional documentation or evidence

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Current Form Status

This form is current as of the Criminal Justice (Miscellaneous Provisions) Act 2023, but court procedures may be updated periodically. Check the Courts Service website for the most recent version.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that you're using the version of the form that corresponds to the Criminal Justice (Miscellaneous Provisions) Act 2023
  • Verify the form number matches 96C.12 as some forms may have similar numbers
  • Ensure you have the latest edition as court forms are periodically updated
  • Confirm the form is still in use as some older forms may have been replaced

Quick Facts

This form should be filed by parties involved in criminal proceedings who wish to seek changes to existing Section 28 orders, including prosecutors, defendants, or other authorized representatives.
The form captures details about the existing Section 28 order, the requested changes, reasons for the variation or discharge, and supporting evidence or arguments.
Submit this form as soon as you need to make changes to an existing Section 28 order, with sufficient time before the next court hearing to allow proper processing and notice to all parties.
File this form with the relevant court office handling your case, either in person at the courthouse or through the Courts Service electronic filing system if available for your case type.
Submitting correctly ensures your request is properly considered by the court and avoids delays that could impact your case or the rights of other parties.
Complete all sections of the form with accurate information about the current order and requested changes. Attach any relevant supporting documents and ensure all parties receive proper notice as required by court rules.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

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After you file

  • Monitor your court date and prepare for the hearing
  • Keep copies of all filed documents and correspondence
  • Follow up with the court if you haven't received confirmation
  • Prepare for possible counter-applications from other parties
  • Attend any scheduled hearings
  • Document any court orders resulting from your application

Source and verification log

  • Form number: 96C.12 confirmed from provided information
  • Issuing agency: Courts Service of Ireland confirmed
  • Related legislation: Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29 confirmed
  • Purpose: Summons to vary, discharge, make interim, or ex parte orders under Section 28 confirmed
  • Filing procedures: Not confirmed in official source
  • Current version status: Not confirmed in official source
  • Fee requirements: Not confirmed in official source
  • Specific service requirements: Not confirmed in official source

Common confusion points

7 things to watch for

  • 1

    Confusing this form with initial application forms for Section 28 orders

  • 2

    Uncertainty about when an ex parte application is appropriate

  • 3

    Misunderstanding the difference between varying, discharging, and interim orders

  • 4

    Not knowing which court has jurisdiction for specific types of variations

  • 5

    Confusion about proper service requirements on other parties

  • 6

    Uncertainty about the legal grounds required for different types of variations

  • 7

    Not understanding the time limits for filing certain types of variations

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