District Court Rules, 1955

• Jurisdiction: Ireland
• Citation: IR SI 83/1955
• Year: 1955

S.I. No. 83 of 1955.

DISTRICT COURT RULES, 1955.

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 1953, and of every and any other power them in this behalf enabling, make the following Rules :— 1. These Rules may be cited as the District Court Rules, 1955. 2. These Rules shall come into operation on the 1st day of June, 1955, and shall be read together with the Principal Rules, the District Court Rules (No. 2), 1948 ( S.I. No. 270 of 1948 ), and the District Court Rules (No. 3), 1948 ( S.I. No. 431 of 1948 ). 3. In these Rules " the Principal Rules " means the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ). 4. The following Rule shall be substituted for Rule 8 of the Principal Rules :

"8.—(1) An infant may sue by his next friend, and in such case there shall be lodged with the civil process or summons a written authority authorising the commencement and prosecution of the suit on behalf of the infant and the use of the name of such person as next friend signed by such person.

(2) 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." 5. The following Rule shall be substituted for Rule 13 of the Principal Rules :

Enlargement and abridgement of times.

" 13.—(1) Subject to paragraph (2) of this Rule, the Justice may upon such terms as he thinks fit enlarge or abridge the time appointed by these Rules, or fixed by the Justice under this Rule, for doing any act or taking any proceeding, and any such enlargement may be made although the application for the same is not made until after the expiration of the time appointed or fixed. The Justice may declare anystep taken or act done to be sufficient even though not taken or done within the time or in the manner prescribed by these Rules. He may also at any time adjourn the hearing of any proceeding upon such terms as he thinks fit.

(2) The times limited by Rule 199 of these Rules for lodging a notice requiring a case stated and for entering into a recognizance conditioned to prosecute without delay such case stated shall not be capable of enlargement under paragraph (1) of this Rule." 6. In paragraph (4) of Rule 39, paragraph (4) of Rule 55, subparagraph (12) of Rule 60, subparagraph (4) of Rule 64, and Rule 90 of the Principal Rules " eight clear days " shall be substituted for " fifteen days " in all places where " fifteen days " occurs. 7. Rule 52 of the Principal Rules is hereby amended by the deletion of all matter after " the person served :—" and the substitution therefor of the following :

"(a) does not exceed 4 miles 4s. 0d. } For each copy served (b)...