Rules of the Superior Courts (Evidence) 2007

• Jurisdiction: Ireland
• Citation: IR SI 13/2007
• Year: 2007

S.I. No.13 of 2007

Rules of the Superior Courts (Evidence) 2007

We, the Superior Courts Rules Committee, constituted pursuant to the provisions 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 following Rules of Court.

Dated this 26th day of October, 2006.

Joseph Finnegan

Richard Johnson

Lyndon McCann

Patrick O'Connor

Patrick Groarke

Noel Rubotham

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

Dated this 16th day of January, 2007.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.13 of 2007

Rules of the Superior Courts (Evidence) 2007 1. The Rules of the Superior Courts are hereby amended by the substitution for rule 5 of Order 39 of the following:

“5. (1) In this rule and in rule 5A:

“the Regulation” means Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L174/1 of 27 June 2001);

“Member State” means a Member State of the European Union with the exception of Denmark.

(2) The Court may, in any case in which the Regulation applies, on the application of any party or of its own motion, order the issue of:

(a) a request, in Form A in the Annex to the Regulation, to the competent court of another Member State to take evidence; or

(b) a request, in Form I in the Annex to the Regulation, to a central body or competent authority, designated by the Member State concerned in accordance with Article 3(3) of the Regulation, to take evidence directly in that Member State.

(3) Where an order under this rule is sought by a party, the Court may, before making such an order, require that party to file in the Central Office for consideration by the Court a completed draft of Form A or Form I (as appropriate) in the Annex to the Regulation (including any questions sought to be put to any witness, statement of facts about which any witness is sought to be examined, or documents or objects sought to be inspected by the opposing party), together with a...