Rules of the Superior Courts (No. 2) (Discovery), 1999

• Jurisdiction: Ireland
• Year: 1999
• Citation: IR SI 233/1999

We, the Superior Courts Rules Committee, constituted pursuant to the provisons of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14 and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 20th day of April, 1999.

Liam Hamilton Harry Hill Frederick Morris Edward Comyn Ronan Keane Gordon Holmes Kevin Lynch Eamon Marray Richard Johnson

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

Dated this 23rd day of July, 1999.

JOHN O'DONOGHUE,

Aire Dli agus Cirt

Comhionannais agus Athchoirithe Dli.

S.I. No. 233 of 1999 .

RULES OF THE SUPERIOR COURTS (NO. 2) (DISCOVERY), 1999.

1. The following shall be inserted as Order 31 rule 12 of the Rules of the Superior Courts in substitution for the existing Order 31 rule 12:

“(1) Any party may apply to the Court by way of notice of motion for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his or her possession or power, relating to any matter in question therein. Every such notice of motion shall specify the precise categories of documents in respect of which discovery is sought and shall be grounded upon the affidavit of the party seeking such an order of discovery which shall:

(a) verify that the discovery of documents sought is necessary for disposing fairly of the cause or matter or for saving costs;

(b) furnish the reasons why each category of documents is required to be discovered.

(2) On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the cause or matter, or by virtue of non-compliance with the provisions of subrule 4(1), or make such order on terms as to security for the costs of discovery or otherwise and either generally or limited to certain classes or documents as may be thought fit.

(3) An order shall not be made under this rule if and so far as the Court shall be of the opinion that it is not necessary either for disposing fairly...