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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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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Situation: Initial application for an order under Section 28 | Likely form: 96C.12 Application for Section 28 Order | Why it matters: Different procedures apply to initial applications | Check before you continue: Verify you're using the correct form for your specific request |
| Situation: Seeking to vary a civil order | Likely form: Appropriate civil procedure form | Why it matters: Different legislation and procedures apply to civil matters | Check before you continue: Confirm you're dealing with criminal proceedings |
| Situation: Seeking to vary a family law order | Likely form: Family court application form | Why it matters: Family law has separate procedures and forms | Check before you continue: Ensure your case is not classified as a family law matter |
| Situation: Emergency application without notice | Likely form: 96C.12 with ex parte application | Why it matters: Special procedures apply when seeking ex parte orders | Check before you continue: Verify you meet the legal threshold for ex parte applications |
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.
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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
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96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29
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7 things to watch for
Confusing this form with initial application forms for Section 28 orders
Uncertainty about when an ex parte application is appropriate
Misunderstanding the difference between varying, discharging, and interim orders
Not knowing which court has jurisdiction for specific types of variations
Confusion about proper service requirements on other parties
Uncertainty about the legal grounds required for different types of variations
Not understanding the time limits for filing certain types of variations
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