96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29
This is Form 96C.12 from the Courts Service of Ireland. It serves as a formal summons used when someone needs to ask the court to change an existing interim discharge order. Specifically, it relates to Section 28 Orders under the Criminal Justice (Miscellaneous Provisions) Act 2023.
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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 is Form 96C.12 from the Courts Service of Ireland. It serves as a formal summons used when someone needs to ask the court to change an existing interim discharge order. Specifically, it relates to Section 28 Orders under the Criminal Justice (Miscellaneous Provisions) Act 2023.
Risk Radar
- Do not forget to specify which part of the Section 28 Order needs changing; just stating 'Vary' is too vague.
- Failing to reference the exact case number and jurisdiction.
- Not clearly detailing *how* the existing discharge needs to change.
- Submitting without a proper signature from the applicant or solicitor.
- Misidentifying the original interim discharge order being challenged.
Plain English
Basically, this form tells the judge you want to adjust a temporary release or dismissal order that is currently in place. Because it's 'Ex Parte,' it means one side (you) is asking for the change without the other party necessarily being present at the time of filing. This relates directly to a specific legal provision from 2023.
Submission Date
- There is no universal deadline listed here, but aim to submit it well in advance of any scheduled court date where the current order will be discussed.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • You need this form when you want the court to change a temporary (interim) discharge order.
- • The change relates to a Section 28 Order, which falls under the Criminal Justice (Miscellaneous Provisions) Act 2023.
- • Use it when the application is 'Ex Parte', meaning it is being made without the other party present at the hearing initially.
- • This form specifically addresses requests to *Vary* or *Discharge* that existing interim order.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Applying for a final discharge (not just varying an interim one) | Not confirmed in official source | Check if your request is permanent or temporary | Ensure you select the correct variation type. |
| Requesting a different kind of court order related to Section 28 | Form not specified | The nature of the change dictates the form needed | Review the Act's schedule for exact matching. |
| If the application *is* being made with both parties present (not Ex Parte) | Not confirmed in official source | You may need a different accompanying summons/application | Confirm if 'Ex Parte' is mandatory for your request. |
| A general court motion or application outside of Section 28 issues | Form not specified | This form is highly specific to the 2023 Act provisions | Check the main Courts Service index. |
Deadline or filing window
There is no universal deadline listed here, but aim to submit it well in advance of any scheduled court date where the current order will be discussed.
Before you submit
- • Fill out all fields completely; do not leave anything blank if possible.
- • Ensure the case number referenced matches your file exactly.
- • Confirm you have correctly identified who is applying for the variation/discharge.
- • Verify that the request aligns precisely with Section 28 of the Act.
- • Sign and date the form where indicated.
- • Attach any supporting documentation (e.g., evidence, witness statements).
- • Check spelling and grammar across all sections.
How to file this form
- 1Complete Form 96C.12 thoroughly using black ink.
- 2Gather supporting documents that justify the request to vary or discharge the order.
- 3Submit the completed form and attachments to the relevant District/Circuit Court office.
- 4Pay any required court filing fee (check current rates).
- 5Obtain a stamped receipt confirming submission at the counter.
- 6If submitting electronically, upload the PDF via the appropriate Courts Service portal.
Known limitations
- • This form only addresses interim discharge orders; it is not for final judgments.
- • It is specifically tied to Section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023.
- • The 'Ex Parte' designation means you are applying without the other side present initially, which may affect hearing scheduling.
- • Not confirmed in official source: The required court fee amount can change frequently.
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This is the current version of Form 96C.12 from the Courts Service of Ireland. It is used specifically for seeking changes to an interim discharge order under the new Criminal Justice Act.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify that the title explicitly mentions '*Vary *Discharge *(Interim) *(Ex Parte)'.
- • Confirm the reference to 'Section 28 Order' matches your case details.
- • Check for any recent updates regarding the Criminal Justice (Miscellaneous Provisions) Act 2023 amendments.
- • Ensure the Courts Service of Ireland logo/stamp is current.
- • Not confirmed in official source: Check if there are specific sub-versions (e.g., 96C.12a).
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- District Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
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
- • Keep a copy of the filed Form 96C.12 for your records.
- • Track the case number to monitor the progress of the application.
- • Follow up with the Court office if you do not receive confirmation within a set timeframe (e.g., two weeks).
- • Be prepared to attend court on the scheduled date, even if notice is vague.
- • Check the Courts Service website for any updates regarding your specific file.
Source and verification log
- • Form Agency: Courts Service of Ireland
- • Form Number: 96C.12
- • Relevant Legislation: Criminal Justice (Miscellaneous Provisions) Act 2023
- • Specific Section Addressed: Section 28 and Section 29
- • Not confirmed in official source: The exact required court jurisdiction (District vs Circuit)
- • Not confirmed in official source: Whether the form must be submitted via a specific online portal or physically.
Common confusion points
5 things to watch for
- 1
Confusing 'Vary' with 'Discharge': Vary means changing terms; Discharge means ending the order entirely.
- 2
Not knowing what 'Ex Parte' means: It simply means you are applying on your own behalf first.
- 3
Thinking this form applies to all criminal matters: No, it must relate to an existing Section 28 Interim Order.
- 4
Mistaking the Act: Ensure the reference is the *Criminal Justice (Miscellaneous Provisions) Act 2023* and not another related statute.
- 5
Not knowing who the 'other party' is in your case.
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