District Court Rules, 1948.

• Statutory Instrument No.: 431/1947

STATUTORY RULES AND ORDERS. 1947. No. 431.
THE DISTRICT COURT RULES, 1948.
1— 3. Title and Definitions.
4— 23. Miscellaneous and General.
Provisions relating to Cases of Summary Jurisdiction and Indictable Offences.
24—91. { (a) General. 92—111. (b) Licensing.
Civil Proceedings.
112—159. (a) General.
160—164. (b) Default.
165—168. (c) Special Default.
169—179. (d) Ejectments.
180—189. (e) Interpleader.
190—198. Appeals.
199—206. Cases Stated.
Schedule of Forms.
Schedule of Costs.
The District Court Rules Committee with the concurrence of the Minister for Justice and in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1946, and of every and any other power them in this behalf enabling make the annexed Rules.
Given this 31st day of October, 1947,
(Signed) FREDERICK J. MANGAN, Chairman.
(Signed) FREDERICK J. MANGAN, Chairman. LIAM PRICE . DENIS B. SULLIVAN. SEÁN MacGIOLLARNÁTH. JOHN P. CARRIGAN. PATRICK F. O'REILLY. WILLIAM G. FALLON. PATRICK J. KERRIGAN.
I concur in the making of the annexed Rules.
(Signed) GERALD BOLAND,
Minister for Justice.
DISTRICT COURT RULES, 1948.
	1 ..	1.—(1) These Rules shall come into operation on the 31st day of March, 1948, and may be cited as the District Court Rules, 1948.
(2) The District Court Rules, 1926, the District Court Rules (No. 1), 1941, the following portion of the District Court Rules, 1942, that is to say, Rules 32, 33, 34 and 35 of the said District Court Rules, 1942, and the District Court Rules (No. 1), 1945, are hereby revoked with effect as from the said 31st day of March, 1948.
(3) Where these Rules conflict with any statute in force at the date of the making of these Rules, such statute shall be modified or adapted to the extent of such conflict.
(4) Subject to any special order made by a Justice in a particular case, these Rules shall apply to all proceedings pending in the District Court on the said 31st day of March, 1948.
	2 ..	2. The Interpretation Act, 1937 , shall apply to these Rules.
	3 Definitions	3. In these Rules:—
the expression " the Minister " when used without qualification means the Minister for Justice ;
the word " Justice " means Justice of the District Court ;
the word " District " means one of the districts prescribed by the Minister under section 68 of the Courts of Justice Act, 1924 , or under any enactment amending or supplementing the same ;
the expression " Metropolitan District " means the District for the time being styled and known as the Dublin Metropolitan District in accordance with the provisions of section 64 of the Courts of Justice Act, 1936 , or of any enactment amending or supplementing the same ;
the expression " Court Area " means one of the District Court Areas created by the Minister under section 47 of the Court Officers Act, 1926 , or under any enactment amending or supplementing the same ;
the word " Clerk " means a District Court Clerk or any person temporarily assigned to perform the duties and fulfil the functions of such a Clerk, save that in the Metropolitan District, so far as the performance or fulfilment of any specific duties or functions is concerned, it means any District Court Clerk, whether one or more, to whom the performance or fulfilment of any such duties or functions has been allotted by the chief Clerk under the provisions of Rule 91 (2) hereof.
the expression " County Registrar " when used in relation to the execution of decrees, warrants or other execution orders in any county or county borough in which the powers and dutiesof the Under-Sheriff or Sheriff are not transferred to a County Registrar, means the Under-Sheriff or Sheriff, as the case may be ;
the expression "summons server" means a summons-server appointed by the County Registrar under the provisions of section 44 of the Court Officers Act, 1926 ;
the expression "case of summary jurisdiction" includes every case which could immediately before the 6th day of December, 1922, have been heard and disposed of summarily by a Justice of the Peace or Justices of the Peace whether in or out of Petty Sessions, and every case in which a Justice of the District Court is empowered by any enactment to make a summary conviction or order, and includes every case of an indictable offence triable summarily upon the Justice being satisfied that certain conditions are fulfilled, but where the fulfilment of any such condition is required the case shall not be deemed to be a case of summary jurisdiction at any stage of the proceedings before the condition has been fulfilled. The said expression shall include any case in which a Justice may make an order under any licensing jurisdiction, but shall not include "civil proceedings" as immediately hereinafter defined ;
the expression "civil proceedings" means those suits or actions at law in which jurisdiction is conferred by any enactment upon the District Court in civil cases as described in section 77A of the Courts of Justice Act, 1924 , and in any enactments extending or amending the said section either expressly or by implication ;
the word "complainant" includes the prosecutor or party at whose instance any proceeding is taken, whether he be an informant, complainant, prosecutor or otherwise ;
the word "complaint" includes an information ;
the word "defendant", where the context so requires and admits, includes an intended defendant ;
the word "order", in relation to a case of summary jurisdiction, includes any decision of a Justice whether it be a conviction, dismiss or otherwise ;
the word "person" includes a corporation ;
the word "prescribed" in relation to fees means prescribed by the Minister with the sanction of the Minister for Finance ;
the expression "liquidated money demand" means a specified sum of money stated to be due on the date of issue of the civil process by which the demand is made.
	4 Summons for recovery of sums due	4. Where under any statute, past or future, proceedings for the recovery of any sum of money claimed to be due are directed to be brought summarily or in the District Court or before a Justice, andneither the statute in question nor any other enactment nor any of these or of any other Rules lays down the procedure to be followed in bringing the proceedings, such proceedings shall be brought by summons and not by civil process.
	5 Mode of address	5.A Justice of the District Court may be addressed as "Justice."
	6 Giving of evidence	6.—(1) Save where any enactment or rule otherwise provides, the evidence of all witnesses in the District Court shall be given viva voce and on oath.
(2) In any proceedings, a witness who is not a party may be ordered by the Justice either to leave the court until his evidence is required or after his evidence has been given, or to remain in court after his evidence has been given until the hearing has terminated or been adjourned.
	7 Appearance of parties	7. Any party to any proceedings in the District Court or the solicitor for such party or a barrister retained by or on behalf of such party and instructed by his solicitor, or, in proceedings in respect of offences brought at the suit of the Attorney General or of an officer or member of the Gárda Síochána, any officer or member of the Gárda Síochána, or, when the proceedings are in relation to the taxes and duties under the care and management of the Revenue Commissioners, or to any fine penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts, any person employed authorised or directed by the Revenue Commissioners or the Revenue Solicitor, may appear and address the court and conduct the proceedings. In summary proceedings the father, son, husband, wife or brother of the complainant or defendant may appear on his behalf, provided that any such person has the leave of the Justice to appear and be heard and that the Justice is satisfied that such complainant or defendant is from infirmity or other unavoidable cause unable to appear.
In proceedings brought in the name of a sanitary authority such authority may appear and be represented by an officer acting under its authorisation express or implied.
	8 ..	8. Where any proceedings are brought before a Justice on behalf of or against an infant the Justice may, if he shall think it expedient, at any stage of the proceedings, by an order in writing, appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any such next friend or guardian ad litem when appointed, and appoint another in his place, and the Justice may also direct any money or other personal property to which such infant may be declared entitled in such proceedings to be secured or invested for the benefit of such infant in such manner as the Justice shall consider advisable.
	9 Recognizance of body corporate	9. A body corporate may, in any case in which a recognizance is required by these Rules, enter into such recognizance by its agent duly authorised for that purpose. Such authority shall empower the agent (who shall be a director, manager or other responsible officer of the body corporate) to bind the body corporate to perform and comply with all and any of the conditions of the recognizance and shall acknowledge the legal liability of the body corporate in the event of its failing to perform or comply with any condition thereof. A copy of a resolution of the Board of Directors or other the managing committee of the body corporate purporting to be signed by the chairman for the time being of such Board or committee shall be prima facie evidence of the appointment and authority of such agent. The Justice may, if he thinks fit, exempt such body corporate from the necessity for entering into such recognizance.
	10 Recognizance in appeal cases	10. The provisions in...