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96C.13 Order *Varying *Discharging *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

This form is used to request a court order that varies, discharges, makes interim, or is ex parte regarding a Section 28 order under the Criminal Justice (Miscellaneous Provisions) Act 2023. It should be used when there is a need to modify or terminate an existing Section 28 order or to seek an immediate order without notifying the other party.

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Form Overview

96C.13 Order *Varying *Discharging *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

This form is used to request a court order that varies, discharges, makes interim, or is ex parte regarding a Section 28 order under the Criminal Justice (Miscellaneous Provisions) Act 2023. It should be used when there is a need to modify or terminate an existing Section 28 order or to seek an immediate order without notifying the other party.

The form captures information about the current Section 28 order, the changes being requested, the reasons for variation or discharge, and evidence supporting the application.

Risk Radar

  • Ensure you clearly specify the exact changes requested and provide sufficient evidence to support your application.
  • Incomplete information may lead to rejection
  • Missing supporting evidence weakens the application
  • Incorrect court location could cause processing delays
  • Failure to properly serve notice (if required) may invalidate the order

Plain English

This form helps you ask a court to change, end, or create a temporary order related to Section 28 of the Criminal Justice law from 2023. An 'ex parte' order means you're asking the court to make a decision without the other person being present, which is usually only for urgent situations.

Submission Date

  • There is no standard deadline for this form as it's event-based, but applications should be filed as soon as possible after the circumstances requiring variation or discharge arise, especially for interim or ex parte applications where urgency is a factor.
  • 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

Hover a term to preview the meaning.

What this form is for

  • Use this to modify an existing Section 28 order
  • Use this to completely discharge a Section 28 order
  • Use this to request an interim order before a full hearing
  • Use this for urgent ex parte applications where notice cannot be given
  • Use this when circumstances have changed significantly since the original order

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard variation requestForm 96C.12For non-urgent modificationsCheck if your situation truly requires ex Parte
Discharge applicationForm 96C.14For complete termination of Section 28 orderVerify you're not seeking modification instead
Interim order requestForm 96C.15For temporary measures before final decisionEnsure this is truly interim and not permanent
Appeal against Section 28 orderForm 96C.16If you disagree with the original decisionCheck if this is an appeal or variation request
New application under Section 28Form 96C.11For initial orders, not variationsConfirm you're not modifying an existing order

Deadline or filing window

There is no standard deadline for this form as it's event-based, but applications should be filed as soon as possible after the circumstances requiring variation or discharge arise, especially for interim or ex parte applications where urgency is a factor.

Before you submit

  • All sections completed accurately
  • Supporting evidence attached
  • Proper fee payment included
  • Form signed and witnessed correctly
  • Correct court location identified
  • Copies for all parties prepared
  • Ex parte application justified in writing
  • Previous order details correctly referenced

How to file this form

  1. 1Obtain the correct version of Form 96C.13 from the Courts Service
  2. 2Complete all sections with accurate information about the current order and requested changes
  3. 3Gather all supporting evidence and documentation
  4. 4Pay the required court fee
  5. 5Submit the completed form to the relevant court office
  6. 6Ensure proper service on all parties if required
  7. 7Keep a copy of the submitted form for your records

Known limitations

  • This form cannot be used for initial Section 28 orders (use Form 96C.11)
  • Ex parte applications require strong justification and may be refused
  • The court may require a hearing before making any changes
  • The form doesn't guarantee the requested order will be granted
  • Time limits may apply to certain types of variations

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Current Form Status

This form is current as of the Criminal Justice (Miscellaneous Provisions) Act 2023, but always verify with the Courts Service for any recent updates or changes to procedures.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form version matches current legislation
  • Check if recent amendments to the Act affect your application
  • Confirm court procedures haven't changed
  • Ensure fee structure is current
  • Check if electronic submission options are available
  • Verify witness requirements haven't changed

Quick Facts

This form should be filed by a legal practitioner representing a party involved in proceedings where a Section 28 order is in place or needs to be modified.
The form captures information about the current Section 28 order, the changes being requested, the reasons for variation or discharge, and evidence supporting the application.
This form should be submitted when there's a need to modify or terminate an existing Section 28 order, or when an urgent interim or ex parte order is required before the other party can be notified.
The form should be filed with the relevant court office where the original Section 28 order was made, either in person, by post, or potentially through the Courts Service's online portal if available.
Submitting this form correctly is crucial as errors or delays could result in the court rejecting your application, leaving the existing order unchanged, or causing unnecessary delays in addressing urgent matters.
Complete the form by providing all required details about the existing order and the changes requested. Attach any supporting evidence or documentation. Sign the form in the presence of a witness if required. Submit it to the appropriate court office with any required fee.

Form Details

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

96C.13 Order *Varying *Discharging *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

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After you file

  • Monitor for court correspondence and hearing dates
  • Prepare for any required court attendance
  • Serve any orders made on all relevant parties
  • Keep records of all court communications
  • Follow up if you haven't received a response within expected timeframes
  • Note any deadlines for further action after receiving the court's decision

Source and verification log

  • Form number: 96C.13 confirmed in official form listing
  • Issuing agency: Courts Service of Ireland confirmed
  • Related to Criminal Justice (Miscellaneous Provisions) Act 2023 confirmed
  • Sections 28 and 29 relationship confirmed in form title
  • Ex parte application capability confirmed in form title
  • Variation and discharge capabilities confirmed in form title
  • Interim order capability confirmed in form title
  • Current fee structure not confirmed in official source

Common confusion points

7 things to watch for

  • 1

    Confusing variation with discharge (modification vs. termination)

  • 2

    Unclear when ex parte is appropriate versus standard application

  • 3

    Misunderstanding the relationship between Sections 28 and 29

  • 4

    Incorrectly assuming the form guarantees the requested order

  • 5

    Uncertainty about proper service requirements

  • 6

    Confusion about fee amounts and payment methods

  • 7

    Misunderstanding time limits or urgency requirements

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