|
EXPLANATORY NOTE
|
|
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
|
|
These Rules, which come into operation on the 3rd day of December, 2001, replace in revised and consolidated form the Rules listed in Schedule A hereto. They prescribe the practice and procedures to be followed and the forms to be used in the Circuit Court proceedings to which they relate on and from the operative date, save for proceedings pending in the Court on that date, which proceedings shall be continued and completed as if these Rules had not been made.
|
|
TABLE OF CONTENTS
|
|
|
|
Page
|
|
|
INTERPRETATION OF TERMS
|
...
|
...
|
...
|
1
|
|
|
ANNULMENT OF EXISTING RULES
|
...
|
...
|
...
|
2
|
|
Order
|
|
1
|
SITTINGS, LANGUAGE AND OFFICE HOURS
|
3
|
|
2
|
VENUE
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
5
|
|
3
|
JUDGES' ROBES AND MODE OF ADDRESS TO
|
|
|
|
THE JUDGES
|
...
|
...
|
...
|
...
|
...
|
...
|
7
|
|
4
|
COURT SEAL
|
...
|
...
|
...
|
...
|
...
|
...
|
9
|
|
5
|
COMMENCEMENT OF PROCEEDINGS
|
...
|
...
|
11
|
|
6
|
PARTIES
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
15
|
|
7
|
THIRD PARTY PROCEDURE
|
...
|
...
|
...
|
19
|
|
8
|
ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES
|
|
|
|
OTHER THAN THEIR OWN
|
...
|
...
|
...
|
...
|
21
|
|
9
|
JOINDER OF CLAIMS
|
...
|
...
|
...
|
...
|
...
|
23
|
|
10
|
INDORSEMENT OF CLAIM
|
...
|
...
|
...
|
...
|
25
|
|
11
|
ISSUE OF CIVIL BILL, SERVICE AND ENTRY
|
27
|
|
12
|
RENEWAL OF CIVIL BILL
|
...
|
...
|
...
|
...
|
31
|
|
13
|
SERVICE OUT OF THE JURISDICTION
|
...
|
...
|
33
|
|
14
|
SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN
|
|
|
|
COMMUNITIES) ACT, 1998
|
...
|
...
|
...
|
...
|
37
|
|
15
|
APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND
|
|
|
|
COUNTERCLAIM
|
...
|
...
|
...
|
...
|
...
|
...
|
41
|
|
16
|
SECURITY FOR COSTS
|
...
|
...
|
...
|
...
|
...
|
47
|
|
17
|
PARTICULARS AND FURTHER PARTICULARS
|
|
|
|
IN CLAIM OR DEFENCE
|
...
|
...
|
...
|
...
|
49
|
|
(vi)
|
|
18
|
COUNTY REGISTRAR
|
...
|
...
|
...
|
...
|
...
|
51
|
|
19
|
SIDE-BAR APPLICATIONS
|
...
|
...
|
...
|
...
|
55
|
|
20
|
SITTINGS IN CHAMBERS AND INTERLOCUTORY
|
|
|
|
APPLICATIONS
|
...
|
...
|
...
|
...
|
...
|
57
|
|
21
|
DISCONTINUANCE
|
...
|
...
|
...
|
...
|
...
|
59
|
|
22
|
CHANGE OF PARTIES
|
...
|
...
|
...
|
...
|
...
|
61
|
|
23
|
EVIDENCE
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
63
|
|
24
|
ATTENDANCE OF WITNESSES
|
...
|
...
|
...
|
65
|
|
25
|
AFFIDAVITS
|
...
|
...
|
...
|
...
|
...
|
...
|
67
|
|
26
|
JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY
|
|
|
|
OF GOODS AND CHATTELS
|
...
|
...
|
...
|
71
|
|
27
|
JUDGMENT BY DEFAULT IN CASES NOT COMING
|
|
|
|
WITHIN THE PRECEDING ORDER
|
...
|
...
|
73
|
|
28
|
SUMMARY JUDGMENT
|
...
|
...
|
...
|
...
|
75
|
|
29
|
JUDGMENT BY CONSENT IN THE OFFICE
|
77
|
|
30
|
REVIEW OF JUDGMENTS
|
...
|
...
|
...
|
...
|
79
|
|
31
|
ADMISSIONS
|
...
|
...
|
...
|
...
|
...
|
...
|
81
|
|
32
|
DISCOVERY AND INSPECTION OF DOCUMENTS
|
|
|
|
AND INTERROGATORIES
|
...
|
...
|
...
|
83
|
|
33
|
TRIAL
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
85
|
|
34
|
ORDER AS TO TRIAL OF SEPARATE ISSUES
|
87
|
|
35
|
TRANSFER OF ACTIONS
|
...
|
...
|
...
|
...
|
89
|
|
36
|
EXECUTION
|
...
|
...
|
...
|
...
|
...
|
...
|
91
|
|
37
|
ATTACHMENT AND COMMITTAL
|
...
|
...
|
95
|
|
38
|
ATTACHMENT OF DEBTS BY GARNISHEE
|
97
|
|
39
|
RECEIVER BY WAY OF EQUITABLE
|
|
|
|
EXECUTION
|
...
|
...
|
...
|
...
|
...
|
...
|
99
|
|
(vii)
|
|
40
|
INTERPLEADER
|
...
|
...
|
...
|
...
|
...
|
...
|
101
|
|
41
|
APPEALS FROM THE DISTRICT COURT
|
...
|
105
|
|
42
|
APPEALS TO THE COURT OF CRIMINAL
|
|
|
|
APPEAL
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
107
|
|
43
|
SALES
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
109
|
|
44
|
SECURITY
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
111
|
|
45
|
ADMINISTRATORS PENDENTE LITE AND
|
|
|
|
RECEIVERS
|
...
|
...
|
...
|
...
|
...
|
...
|
113
|
|
46
|
THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE
|
|
|
|
TRUSTEE ACTS
|
...
|
...
|
...
|
...
|
...
|
...
|
115
|
|
47
|
PERSONS OF UNSOUND MIND
|
...
|
...
|
...
|
119
|
|
48
|
ACCOUNTS
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
123
|
|
49
|
INTOXICATING LIQUOR LICENCES
|
...
|
...
|
127
|
|
50
|
PROBATE ACTIONS
|
...
|
...
|
...
|
...
|
...
|
129
|
|
51
|
LANDLORD AND TENANT
|
...
|
...
|
...
|
...
|
131
|
|
52
|
MALICIOUS INJURIES
|
...
|
...
|
...
|
...
|
...
|
135
|
|
53
|
RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999
|
139
|
|
54
|
HOUSING ACT, 1966
|
...
|
...
|
...
|
...
|
...
|
141
|
|
55
|
HOUSING (MISCELLANEOUS PROVISIONS)
|
|
|
|
ACT, 1979 (NO. 27 OF 1979)
|
...
|
...
|
...
|
...
|
143
|
|
56
|
PLANNING
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
145
|
|
57
|
EMPLOYMENT
|
...
|
...
|
...
|
...
|
...
|
...
|
151
|
|
58
|
LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF
|
|
|
|
1974)
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
157
|
|
59
|
FAMILY LAW
|
...
|
...
|
...
|
...
|
...
|
...
|
161
|
|
(viii)
|
|
60
|
DATA PROTECTION
|
...
|
...
|
...
|
...
|
...
|
191
|
|
61
|
PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES)
|
|
|
|
ACT, 1998
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
193
|
|
62
|
CASES STATED
|
...
|
...
|
...
|
...
|
...
|
...
|
195
|
|
63
|
TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT
|
|
|
|
COURT
|
...
|
...
|
...
|
...
|
...
|
...
|
197
|
|
64
|
MOTIONS
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
199
|
|
65
|
AMENDMENTS
|
...
|
...
|
...
|
...
|
...
|
...
|
201
|
|
66
|
COSTS
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
203
|
|
67
|
GENERAL
|
...
|
...
|
...
|
...
|
...
|
...
|
...
|
209
|
|
68
|
SEX OFFENDERS ACT, 2001
|
...
|
...
|
...
|
...
|
211
|
|
|
SCHEDULE A
|
|
|
|
RULES WHICH ARE ANNULLED BY THESE RULES
|
213
|
|
|
SCHEDULE B
|
|
|
|
FORMS
|
215
|
|
|
S.I. No. 510 of 2001
|
|
CIRCUIT COURT RULES, 2001
|
|
We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.
|
|
Dated this 26th day of October, 2001.
|
|
(Signed):
|
Esmond Smyth
|
|
|
(Chairman of the Circuit Court Rules Committee)
|
|
|
Kieran O'Connor
|
|
|
Carroll Moran
|
|
|
Anne Dunne
|
|
|
Fergal Foley
|
|
|
Joe Deane
|
|
|
Gerard Doherty
|
|
|
Susan Ryan (Secretary)
|
|
|
I concur in the making of the above Rules of Court.
|
|
Dated this 15th day of November, 2001.
|
|
(Signed):
|
JOHN O'DONOGHUE,
|
|
|
Minister for Justice, Equality and Law Reform.
|
|
|
RULES
|
|
THE CIRCUIT COURT RULES, 2001
|
|
INTERPRETATION OF TERMS
|
|
1. “Action” means a civil proceeding commenced by Civil Bill or such other procedure as is provided by these Rules and includes a cause or matter. Where the context so requires, the term “Civil Bill” includes all other forms of originating document. In all cases where proceedings are commenced otherwise than by Civil Bill, these Rules shall apply to the document by which such proceedings were originated as if it were a Civil Bill.
|
|
2. “Cause” includes any suit or other original proceeding.
|
|
3. “contracting state” means contracting state as defined by Section 4 of the 1998 Act.
|
|
4. “corporation” and “association” have the meanings provided for in Section 15(4) of the 1998 Act.
|
|
5. “County Registrar” means the Registrar in any County attached to the Court under the Court Officers Act, 1926 , and any Act amending or extending the same, and includes any deputy County Registrar and any person appointed to act as such Registrar.
|
|
6. “The Court” means the Circuit Court as established by the Principal Act and any subsequent amendments thereto.
|
7. “Days” when not expressed to be “clear days” shall be exclusive of the first and inclusive of the last of such days. Where a limited time of less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Saturday and Sunday shall not be reckoned in the computation of such limited time. Where the time for doing any act or taking any proceedings expires on a Saturday, Sunday or other day on which... |
