Circuit Court Rules (Actions For Possession and Well-charging Relief) 2009

• Statutory Instrument No.: 264/2009
• Published date: 17 July 2009

S.I. No. 264 of 2009

CIRCUIT COURT RULES (ACTIONS FOR POSSESSION AND WELL-CHARGING RELIEF) 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th July, 2009.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , 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, Equality and Law Reform, make the annexed Rules of Court.

Dated this 26th day of May 2009.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Gerard J. Doherty

Joe Deane

Noel Rubotham

Patricia Casey

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

Dated this 8th day of July 2009.

Signed: DERMOT AHERN.

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 264 of 2009

CIRCUIT COURT RULES (ACTIONS FOR POSSESSION AND WELL-CHARGING RELIEF) 2009

1. These Rules, which may be cited as the Circuit Court Rules (Actions for Possession and Well-Charging Relief) 2009, shall come into operation on the 8th day of July 2009.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2009.

3. The Circuit Court Rules are amended by the insertion immediately following Order 5A of the following:

“Order 5B

PROCEDURE IN CERTAIN ACTIONS FOR POSSESSION OF LAND AND ACTIONS FOR WELL-CHARGING RELIEF

1. This Order applies to any proceedings in which the plaintiff claims any of the following reliefs:

(a) recovery of possession of any land on foot of a legal mortgage or charge;

(b) an order declaring the amount due on foot of a mortgage to be well charged on land.

2. Save where otherwise expressly provided by this Order, in the event that any conflict shall arise between the provision of any rule of this Order and any other provision of these Rules, the provision of the rule of this Order shall, in respect of any proceedings to which this Order applies, prevail.

3. (1) Proceedings to which this Order applies shall be commenced by a Civil Bill in Form 2R of the Schedule of Forms. The special indorsement of claim in such Civil Bill shall state specifically and with all necessary particulars the relief claimed and the grounds thereof.

(2) A Civil Bill to which this Order applies shall be served, together with a copy of the affidavit mentioned in rule 5, on each defendant not later than 21 days before the return date mentioned in rule 4.

4. Every Civil Bill to which this Order applies shall, upon being issued, be assigned a return date before the County Registrar, which date shall be entered in the Civil Bill.

5. (1) There shall be served with the Civil Bill a copy of an affidavit (and copies of any exhibits to that affidavit) sworn by or on behalf of the plaintiff, verifying the claim indorsed on the Civil Bill.

(2) A defendant intending to defend proceedings to which this Order applies shall enter an Appearance in the Office in Form 5 in the Schedule of Forms within ten days of the service upon him of the Civil Bill and shall defend the plaintiff’s claim by filing a replying affidavit to the plaintiff’s affidavit and serving a copy of that replying affidavit (and copies of any exhibits to that affidavit) on the plaintiff not later than four days before the return date.

6. (1) No party shall have the right in proceedings to which this Order applies to adduce any evidence otherwise than by affidavit, except—

(a) by leave of the Judge,

(b) where permitted in accordance with rule 7(4) or rule 8(1), or

(c) where the proceedings have been adjourned for plenary hearing in accordance with rule 8(2).

(2) Any party...