Rules of the Superior Courts

Statutory Instrument No.15/1986

S.I. No. 15 of 1986.

THE RULES OF THE SUPERIOR COURTS

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 19 day of December 1985.

Tomas A. Finlay

Harry Hill

Liam Hamilton

Frederick Morris

Brian Walsh

Mary Laffoy

Frank Griffin

W. B. Allen

Seán Gannon

D. R. Pigot

Mella Carroll

I concur in the making of the annexed Rules of Court.

Dated this 17th day of January 1986.

MICHAEL NOONAN,

Aire Dli agus Cirt.

THE RULES OF THE SUPERIOR COURTS

The following Rules (which may be cited as "The Rules of the Superior Courts" or, in the abbreviated form, "R.S.C.") shall come into operation on the 1st day of October, 1986, and shall on and after that date apply, where appropriate, to all proceedings in causes or matters whether then pending or commenced thereafter.

As and from the said date the Orders and Rules specified in Appendix Z hereto shall stand annulled.

ORDER 1. COMMENCEMENT OF PROCEEDINGS.

1. Save as otherwise provided in these Rules, civil proceedings in the High Court shall be instituted by a summons of the Court to be called an originating summons.

2. An originating summons for the commencement of plenary proceedings with pleadings and hearing on oral evidence (in these Rules called a plenary summons) shall (save in admiralty proceedings) be in the Form No. 1 in Appendix A Part I.

3. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a summary summons) shall, in the case of any claim mentioned in Order 2, rule 1, be in the Form No. 2 in Appendix A, Part I.

4. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a special summons) shall, in the case of any claim mentioned in Order 3 (other than in admiralty proceedings) be in the Form No. 3 in Appendix A, Part I.

5. Any costs occasioned by the use of any forms of summonses or of indorsements thereon, other or more prolix than the forms in these Rules prescribed shall be borne by the party using the same, unless the Court shall otherwise direct.

6. In all proceedings (other than to take a minor into wardship) commenced by originating summons, procedure by plenary summons shall be obligatory except where procedure by summary summons or by special summons is required or authorised by these Rules.

ORDER 2. PROCEDURE BY SUMMARY SUMMONS.

1. Procedure by summary summons may be adopted in the following classes of claims:—

(1) In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising—

( a ) upon a contract, express or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or

( b ) on a bond or contract under seal for payment of a liquidated amount of money; or

( c ) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

( d ) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or

( e ) on a trust.

(2) In actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits—

( a ) against a tenant whose term has expired or has been duly determined by notice to quit; or

( b ) for non-payment of rent.

(3) Claims in which the plaintiff in the first instance desires to have an account taken.

2. Procedure by summary summons may be adopted by consent of all parties in the case of a claim not coming within any of the classes in rule 1.

ORDER 3. PROCEDURE BY SPECIAL SUMMONS.

Procedure by special summons may be adopted in the following classes of claims:—

(1) The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.

(2) The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.

(3) The payment into Court of any money in the hands of executors, administrators or trustees.

(4) A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees (including the furnishing and vouching of accounts).

(5) The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.

(6) The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.

(7) The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.

(8) The determination, under the Finance Act, 1894, section 14 (2), of a dispute as to the proportion of estate duty to be borne by any property or person.

(9) Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing Acts, 1881 to 1911.

(10) Where no proceeding is pending by reason whereof the infant is a ward of Court, an application as to any of the following matters:—

( a ) sections 12, 16 and 17 of the Infants Property Act, 1830, as extended to Ireland by the Infants Property (Ireland) Act, 1835; section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855, as extended by the Glebe Lands (Ireland) Act, 1875, and the Leases for Schools (Ireland) Act, 1881;

( b ) the settlement of any property of an infant on marriage under the Infants Settlements Act, 1855, as extended to Ireland by the Infants Settlements (Ireland) Act, 1860;

( c ) the guardianship, care and maintenance or advancement of any infant.

(11) The appointment of a trustee or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act, 1893, section 39; or an order directing a person to convey.

(12) The determination of any question under the Vendor and Purchaser Act, 1874, section 9.

(13) Any relief under the Married Women's Status Act, 1957 section 12.

(14) Any relief under the Trustee Act, 1893, sections 42 or 44.

(15) Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee.

(16) Any relief in respect of funds lodged in Court pursuant to the Land Clauses Consolidation Act, 1845, section 69.

(17) An interpleader order.

(18) Applications in connection with the lodgment in Court of any funds, the investment of any funds lodged in Court, or the payment out of any funds lodged in Court, whether pursuant to the provisions of any statute or otherwise, where there is no pending proceedings in respect thereof and no other procedure prescribed or required by these Rules.

(19) Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding in which the application may be made.

(20) Any other proceeding in which procedure by special summons is required or authorised by these Rules.

(21) Any other proceeding which is required or authorised by statute to be brought in a summary manner and for which no other procedure is prescribed by these Rules.

(22) Such other matters as the Court may think fit to dispose of by special summons.

ORDER 4. I. INDORSEMENT OF CLAIM.

1. An indorsement of claim shall be made on every originating summons before it is issued.

2. The indorsement of claim on a plenary summons shall be entitled "GENERAL INDORSEMENT OF CLAIM" and there shall be an indorsement of the relief claimed and the grounds thereof expressed in general terms in such one of the forms in Appendix B, Part II, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require.

3. In the indorsement required by rule 2 it shall not be essential to set forth the precise ground of complaint or the precise remedy or relief to which the plaintiff considers himself entitled.

4. The indorsement of claim on a summary summons and on a special summons shall be entitled "SPECIAL INDORSEMENT OF CLAIM," and shall state specifically and with all necessary particulars the relief claimed and the grounds thereof. The indorsement of claim on a summary summons or a special summons shall be in such one of the forms in Appendix B, Part III, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require.

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