Rules of the Superior Courts (No. 6) (Disclosure of Reports and Statements) 1998

• Jurisdiction: Ireland
• Citation: IR SI 391/1998
• Year: 1998

S.I. No. 391 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 6) (DISCLOSURE OF REPORTS AND STATEMENTS), 1998

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 annexed Rules of Court.

Dated this 23rd day of July, 1998.

Frederick Morris

Ronan Keane

Kevin Lynch

Richard Johnson

Gordon Holmes

Eamon Marray

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

Dated this 14th day of October, 1998.

John O'Donoghue

Aire Dlí agus Cirt

Comhionannais agus Athchóirithe Dlí

S.I. No. 391 of 1998

RULES OF THE SUPERIOR COURTS (NO. 6) (DISCLOSURE OF REPORTS AND STATEMENTS), 1998 1. The following rules shall be inserted as rules 45 to 51 in Order 39 of the Rules of the Superior Courts after rule 44 thereof:

"VI DISCLOSURE OF REPORTS AND STATEMENTS

Definition

45. (1) (a) "action" includes any claim for damages in respect of any personal injuries to a person howsoever caused (including a claim for fatal injuries brought pursuant to section 48 of the Civil Liability Act, 1961 ) but does not include an action to which section 1 (3) of the Courts Act, 1988 applies so as to entitle a party to trial by jury in that action.

(b) "the Act" means the Courts and Court Officers Act, 1995 .

(c) "parties" includes a plaintiff or co-plaintiff, defendant or co-defendant or any third party, counterclaimant or notice party to the action save where the context otherwise requires.

(d) "personal injuries" includes any disease and any impairment of a person's physical or mental condition.

(e) "report" means a report or reports or statement from accountants, actuaries, architects, dentists, doctors, engineers, occupational therapists, psychologists, psychiatrists, scientists, or any other expert whatsoever intended to be called to give evidence in relation to an issue in an action and containing the substance of the evidence to be adduced and shall also include any maps, drawings, photographs, graphs, charts, calculations or other like matter referred to in any such report. Any copy report (including a copy report in the form of a letter), copy statement or copy letter however made, recorded or retained from any such expert mentioned above intended to be called to give evidence in relation to an issue or action and containing the substance of the evidence to be adduced, the original of which has been concealed, destroyed, lost, mislaid or is not otherwise readily available, shall also be deemed to be a report for the purposes of this rule.

(f) "the section" means section 45 of the Courts and Court Officers Act, 1995 .

Disclosure of Reports and Statements

46. (1) The plaintiff in an action shall furnish to the other party or parties or their respective solicitors (as the case may be) a schedule listing all reports from expert witnesses intended to be called within one month of the service of the notice of trial in respect of the action or within such further time as may be agreed by the parties or permitted by the Court.

Within seven days of receipt of the plaintiff's schedule, the defendant or any other party or parties shall furnish to the...