District Court Rules (No. 2) 1955

• Jurisdiction: Ireland
• Citation: IR SI 84/1955
• Year: 1955

S.I. No. 84 of 1955.

DISTRICT COURT RULES (No. 2), 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 (No. 2), 1955. 2. These Rules shall come into operation on the 1st day of July, 1955, and shall be read together with the Rules of 1948 and the District Court Rules, 1955. 3. Subject to any special order made by a Justice in a particular case, these Rules shall apply to all proceedings pending in the District Court on the said 1st day of July, 1955. 4. In these Rules :—

" the Principal Rules " means the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 );

" the Rules of 1948 " means 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 ). 5. The following Rule shall be substituted for Rule 130 of the Principal Rules :

Fees of summons servers.

" 130. The fee payable to any summons server in respect of the service of any Civil Process shall be 4/- and, where personal service is required, it shall be 5/- for each copy served. The fee payable in respect of the service of any document other than a Civil Process of which service is required by these Rules shall be in accordance with the scale laid down in Rule 52 hereof." 6. The following Rule shall be substituted for Rule 147 of the Principal Rules :

Costs and witnesses' expenses.

" 147.—(1) A Justice in hearing and determining any Civil Process may grant to the successful party such witnesses' expenses as he shall think fit to award, and, save as otherwise provided by statute or by these Rules, may in his discretion grant or withhold the costs of any party.

(2) Save as is otherwise provided by these Rules, the costs and fees specified in each scale in the Schedule of Costs annexed hereto shall be the only lawful fees, costs, charges andemoluments for the business therein indicated or described, as between party and party, and no other fees, costs, charges or emoluments shall be payable or recoverable therefor.

(3) In civil proceedings where the plaintiff is successful and the defendant has not been professionally represented at the hearing the costs shall be in accordance with the appropriate scale for undefended cases, unless the Justice, upon application made to him at the hearing, shall direct that the scale for defended cases shall apply.

(4) No costs other than necessary outlay shall be granted to a successful party unless he is professionally represented at the hearing of the proceedings.

(5) The Justice may allow such costs of any adjournment of the hearing or further hearing of any Civil Process as he thinks fit, and may order that such costs be added to or deducted from the costs allowed to either party on the final determination of the civil process, or may, if he thinks it reasonable to do so, make a separate order (Form VIII) for their payment." 7. The following Rule shall be substituted for Rule 161 of the Principal Rules :

Defence.

" 161.—(1) Where the defendant has neglected to give such notice of defence within the time limited but shall appear at the Court and prove to the satisfaction of the Justice that he has just grounds of defence in law or on the merits and satisfactorily explains his neglect, the Justice may, upon such terms as he thinks just, adjourn the hearing to a later Court for the Court Area in which he is then sitting or to any other Court within his District. Where the defendant shall have given notice of defence, or shall have obtained an adjournment as aforesaid, the civil process shall be entered for hearing in the Civil Process Book. At the hearing the affidavit lodged on behalf of the plaintiff shall, unless the Justice shall otherwise direct, be receivable as prima facie evidence of the plaintiff's claim, but the Justice may, if he thinks fit, order that the plaintiff or somebody on his behalf prove the claim in open court.

(2) If a Decree shall be made for part only of the amount claimed in the civil process the plaintiff shall be entitled only to the costs of an ordinary civil process as set out in the appropriate scale in the Schedule of Costs." 8. The Schedule of Costs annexed to these Rules shall be substituted for the Schedule of Costs annexed to the Principal Rules.

Given this 29th day of April, 1955.

FREDERICK J. MANGAN, Chairman.

JAMES F. CROTTY.

DENIS P. O'DONOVAN.

LIAM PRICE.

WILLIAM G. FALLON.

PATRICK J. KERRIGAN.

I concur in the making of the foregoing Rules.

Dated this 3rd day of May, 1955.

JAMES EVERETT,

Minister for Justice.

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for does not exceed £2.

Settled before entry. Costs of decree if not defended. Costs of decree if defended. Costs of dismiss. £ s. d. £ s. d. £ s. d. £ s. d. 1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service 0 5 0 0 5 0 0 5 0 Instructions for Defence including correspondence and filling and signing notice of defence and copy for service 0 3 0 2. Paid stamp on original civil process 0 1 6 0 1 6 0 1 6 — — 3. Paid service 0 4 0 0 4 0 0 4 0 — — 4. Instructions for hearing and preparing proofs — 0 2 0 0 2 6 Instructions for hearing and preparing proofs 0 3 6 5. Attending and conducting case at hearing — 0 4 0 0 6 6 Attending and conducting defence at hearing 0 7 6 6. Drawing and signing decree — 0 1 6 0 1 6 Drawing and signing dismiss 0 1 6 7. Stamp on decree — 0 1 6 0 1 6 Stamp on dismiss 0 1 6 Total £0 10 6 £0 19 6 £1 2 6 £0 17 0

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for exceeds £2 and does not exceed £5.

Settled before entry. Costs of decree if not defended. Costs of decree if defended. Costs of dismiss. £ s. d. £ s. d. £ s. d. £ s. d. 1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service 0 6 0 0 6 0 0 6 0 Instructions for defence including correspondence and filling and signing notice of defence and copy for service 0 5 0 2. Paid stamp on original civil process 0 1 6 0 1 6 0 1 6 — — 3. Paid service 0 4 0 0 4 0 0 4 0 — — 4. Instructions for hearing and preparing proofs — 0 5 0 0 5 0 Instructions for hearing and preparing proofs 0 5 0 5. Attending to lodge original civil process for entry and additional copy to keep — 0 1 0 0 1 0 Attending to lodge notice of defence for entry and additional copy to keep 0 1 0 6. Attending and conducting case at hearing — 0 7 6 0 12 6 Attending and conducting defence at hearing 0 15 0 7. Drawing and signing decree — 0 2 6 0 2 6 Drawing and signing dismiss 0 2 6 8. Stamp on decree — 0 1 6 0 1 6 Stamp on dismiss 0 1 6 Total £0 11 6 £1 9 0 £1 14 0 £1 10 0

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for exceeds £5 and does not exceed £10

Settled before entry. Costs of decree if not defended. Costs of decree if defended. Costs of dismiss. £ s. d. £ s. d. £ s. d. £ s. d. 1. Instructions to recover amount and including correspondence, attendance, filling in and signing civil process and copy for service 0 10 0 0 10 6 0 10 6 Instructions for defence including correspondence and filling and signing notice of defence and copy for service 0 10 0 2. Paid stamp on original civil process 0 1 6 0 1 6 0 1 6 — — 3. Paid service 0 4 0 0 4 0 0 4 0 — — 4. Instructions for hearing and preparing proofs — 0 7 6 0 7 6 Instructions for hearing and preparing proofs 0 10 0 5. Attending to lodge original civil process for entry and additional copy to keep — 0 2 0 0 2 0 Attending to lodge notice of defence for entry and additional copy to keep 0 2 0 6. Attending and conducting case at hearing — 0 10 6 1 0 0 Attending and conducting defence at hearing 0 15 0 7. Drawing and signing decree — 0 2 6 0 2 6 Drawing and signing dismiss 0 2 6 8. Stamp on decree — 0 1 6 0 1 6 Stamp on dismiss 0 1 6 Total £0 15 6 £2 0 0 £2 9 6 £2 1 0

SCHEDULE OF COSTS.

SOLICITORS' COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

In proceedings where the amount due at the date of issue of civil process and in case of a dismiss the amount sued for exceeds £10 and does not exceed...