Circuit Court Rules (No. 3), 1997

• Statutory Instrument No.: 500/1997

S.I. No. 500 of 1997.

CIRCUIT COURT RULES (NO. 3), 1997

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, Equality and Law Reform make the annexed Rules of Court.

Dated this 13th day of October, 1997.

(Signed): Diarmuid P. Sheridan

(Acting Chairman of the Circuit Court Rules Committee)

Kieran O'Connor

Esmonde Smyth

Anne Dunne

Fergal Foley

Gerard Doherty

Joe Deane

Michael Quinlan (Secretary)

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

Dated this 11 day of December, 1997.

Signed: John O' Donoghue

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 500 of 1997:

CIRCUIT COURT RULES (NO. 3), 1997 1. These Rules may be cited as the Circuit Court Rules (No. 3), 1997 and shall come into operation on the 22nd day of December, 1997. 2. The Order referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended. 3. All applications made or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

RULE 1

1. Order 10 shall be deleted and is hereby revoked and the following Order 10 shall be substituted therefor:

ORDER 10

Issue of Civil Bill or Other Originating Document, Service and Entry.

1. Save as otherwise provided in these Rules, every Civil Bill or other originating document shall be signed and presented in duplicate to be issued out of the Office of the Court in a County having jurisdiction pursuant to these Rules (hereinafter "the Office"). The Civil Bill or other originating document which is stamped, sealed and issued in the manner hereinafter set out shall be the original Civil Bill or other originating document. The duplicate thereof shall be filed in the Office.

2. The original Civil Bill or any other originating document shall, before issue thereof for service, be stamped in the appropriate amount, if any, as prescribed by law and, where stamping is required by law, if not so stamped, the original Civil Bill and the duplicate Civil Bill shall have no effect or force.

3. The original Civil Bill or other originating document shall be dated with the date of presentation to the Office, sealed, marked with the record number by the proper officer and entered in the cause book and shall thereupon be deemed to be issued, subject to the provisions of section 7(6)(a)(ii) of the Courts Act, 1964 . No Civil Bill or other originating document shall be served until the same shall have been so dated, sealed, stamped and marked. In presenting such Civil Bill or other originating document (in duplicate) to the Office for issuing, such presentation may be made by post or in person. In circumstances in which the Civil Bill or other originating document has been presented by post, the proper officer shall return the Civil Bill or other originating document to the Plaintiff or the Plaintiff's solicitor, as appropriate, by ordinary prepaid post.

4. No Civil Bill or other originating document for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court or of the County Registrar (pursuant to Order 16 Rule 1 (vi) hereof), save in accordance with the provisions of Orders 11 and 11A of these Rules.

5. Save as provided by Rules 10, 11 and 17 of this Order, a copy of the Civil Bill or a copy of the other originating document shall be served by one of the officers duly appointed as Summons Servers by the County Registrar. A Summons Server or other authorised person shall not accept service of any document purporting to be a copy of the Civil Bill or other originating document unless the original of such Civil Bill duly dated, sealed, stamped, marked and issued as prescribed by Rules 1, 2 and 3 hereof be...