{
  "url": "https://openlegislation.uk/magistrates-courts-domestic-proceedings-rules-northern-ireland-1996/rule-10A",
  "json_url": "https://openlegislation.uk/magistrates-courts-domestic-proceedings-rules-northern-ireland-1996/rule-10A.json",
  "legislation": "nisr/1996/324",
  "legislation_title": "Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-domestic-proceedings-rules-northern-ireland-1996",
  "path": "rule/10A",
  "kind": "rule",
  "number": "10A",
  "heading": "Ex parte applications under the Order of 1998",
  "text": "(1) An application for an occupation order or a non-molestation order under the Order of 1998 may, with the leave of the court, be made ex parte and in which case—\n(a) Article 77(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (civil proceedings to be on complaint) and rule 10 shall not apply; and\n(b) the evidence in support of the application shall state the reasons why the application is made ex parte.\n(2) Where the leave of the court is granted, the application may be made orally and the applicant shall, within 48 hours of the making of the application or as directed by the court,—\n(a) file a written copy of the application in Form F1 together with any supporting statement with the clerk of petty sessions; and\n(b) serve a copy of the application in Form F1, together with any supporting statement on the respondent.\n(3) Service of any document referred to in paragraph (2)(b) may be effected—\n(a) if the respondent is not known to be acting by solicitor—\n(i) by delivering it to him personally, or\n(ii) by delivering it at, or by sending it by first class post, to his residence or his last known residence, or\n(b) if the respondent is known to be acting by solicitor—\n(i) by delivering the document at, or sending it by first class post to the solicitor’s address for service,\n(ii) where the solicitor’s address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange, or\n(iii) by sending a legible copy of the document by facsimile transmission to the solicitor’s office.\n(4) Upon complying with paragraph (2)(b) the applicant shall file a statement in Form F4 and the statement shall indicate—\n(a) the manner, date, time and place of service, or\n(b) where service was effected by post, the date, time and place of posting.\n(5) Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Rules 10-13 substituted (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 4 (with rule 7); S.R. 1999/92, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1996/324/rule/10A",
    "retrieved_at": "2026-10-29T02:34:42.479513+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}