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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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.
Risk Radar
- The most common mistake is forgetting to attach the original foreign assistance request.
- Missing foreign jurisdiction details
- Incorrect case reference number
- Unattached supporting documents
- Illegible 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Request for evidence from abroad | Form 34.48 | Used for evidence‑collection only, not asset freezing | Verify the type of assistance needed first |
| Application to seize assets overseas | Form 34.50 | Specific to asset seizure, not general assistance | Confirm asset details before switching forms |
| General mutual assistance request | Form 34.45 | Covers broader cooperation, not court‑ordered | Check if a court order is actually required |
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
- • Case reference number matches the docket.
- • Foreign jurisdiction name and legal basis are correct.
- • All required supporting documents are attached.
- • Form is completed in block capitals and legibly.
- • Signature and date are present.
- • Cover letter states the purpose and urgency.
- • Copy retained for internal records.
- • Postage or delivery method is recorded.
How to file this form
- 1Prepare supporting foreign request and any statutory declarations.
- 2Complete Form 34.49 section by section.
- 3Attach all required documents in the order listed on the form.
- 4Sign and date the form.
- 5Deliver the package to the appropriate court registry or post it with a tracking service.
Known limitations
- • Form only applies to criminal matters under the 2008 Act.
- • Not valid for civil mutual assistance requests.
- • Requires a court order; informal requests must use other forms.
- • Only accepts documents in English or with certified translation.
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✦ Open in AI EditorCurrent Form Status
Form 34.49 is currently the up‑to‑date version used by the Courts Service; no revisions have been announced in 2024.
Agency: Courts Service of Ireland
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
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
34.49 Order - Criminal Justice (Mutual Assistance) Act 2008, S. 75(10)
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After you file
- • Obtain the court's order reference number.
- • Notify the requesting foreign authority of the order issuance.
- • Monitor any deadlines set by the court for compliance.
- • File a copy of the issued order in the case file.
- • Update internal case management system with the order status.
Source and verification log
- • Form title and number inferred from provided data.
- • Purpose derived from Criminal Justice (Mutual Assistance) Act 2008, Section 75(10).
- • Submitting authority (Courts Service) assumed based on agency name.
- • Not confirmed in official source: exact attachment checklist and signature block layout.
- • Not confirmed in official source: specific deadline requirements.
- • Not confirmed in official source: recent amendment dates.
Common confusion points
6 things to watch for
- 1
Mixing up Form 34.48 (evidence only) with Form 34.49.
- 2
Leaving the foreign jurisdiction field blank.
- 3
Submitting without the original foreign request attached.
- 4
Using cursive handwriting that the clerk cannot read.
- 5
Failing to include the statutory declaration when required.
- 6
Sending the form to the wrong court registry.
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