Rules of the Superior Courts (Coroners) 2020

• Jurisdiction: Ireland
• Citation: IR SI 43/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th February, 2020.

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, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , the Coroners Act 1962 , section 33D(10) and section 62(6), and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 16th day of January, 2020.

Frank Clarke (Chairperson)

George Birmingham

Peter Kelly

Elizabeth Dunne

Brian R. Murray

Deirdre Murphy

Teresa Pilkington

Stuart Gilhooly

Liam Kennedy

James Finn

John Mahon

I concur in the making of the foregoing rules

Dated this 6 day of February 2020

CHARLES FLANAGAN

Minister for Justice and Equality

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Coroners) 2020, shall come into operation on the 17th day of February 2020.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2020.

2. The Rules of the Superior Courts are amended by the insertion immediately following Order 138 of the Order set out in the Schedule.

Schedule

“Order 139

Applications under the Coroners Act 1962

Definitions

1. In this Order:

the “1962 Act” means the Coroners Act 1962 ; the “2019 Act” means the Coroners (Amendment) Act 2019 .

Title of proceedings

2. An originating notice of motion issued in accordance with this Order shall be entitled:

“The High Court

In the Matter of the Coroners Act 1962

On the Application of AB, Coroner for the District of..

and, where applicable

Between

AB, Coroner for the District of Applicant

and

CD, Respondent]”

Applications under section 33D of the 1962 Act

3. (1) An application by a coroner for an order under section 33D(6) of the 1962 Act (inserted by section 21 of the 2019 Act) shall be made by motion on such notice as the applicant considers reasonably practicable to the person to whom a direction was given under section 33D(1) of the 1962 Act (in this rule, the “respondent”) and, subject to sub-rule (2), grounded upon an affidavit, The Court may adjourn the application so as to give the respondent a sufficient opportunity to be heard on the application.

(2) The originating notice of motion shall:

(a) specify the direction or directions sought, and

(b) indicate whether the Court is requested under section 33D(7) of the 1962 Act (inserted by section 21 of the 2019 Act) to hear the application otherwise than in public and if so, state the reasons for such request.

(3) Where the Court is satisfied that the urgency of the case so requires, it may direct or allow the application to which this rule applies to be heard on oral evidence.

(4) Where an affidavit is delivered by or on behalf of the applicant, the affidavit shall:

(a) specify the capacity in which the respondent has been directed to give medical records relating to the deceased person to the registered medical practitioner making the examination;

(b) exhibit a copy of the direction or of the confirmation of the direction;

(c) set out any reasons given to the applicant by the respondent for failing or refusing to comply with the direction;

(d) set out any facts and circumstances relevant to the consideration of the application by the Court, in particular such facts and circumstances as are relevant for the purposes of section 33D(8) of the 1962 Act and, where necessary, the basis of the deponent’s belief as to the existence of such facts or circumstances;

(e) verify the facts grounding the reasons for any request to the Court under section 33D(7) of the 1962 Act to hear the application otherwise than in public.

(5) Where the applicant has delivered an affidavit, the respondent may, but is not obliged to, deliver a replying affidavit, which shall indicate the parts of the applicant’s affidavit which the respondent accepts and which the respondent does not accept, and sets out the reasons why the respondent has failed or refused to comply with the direction and any facts or circumstances supporting such reasons and, where necessary, the basis of the deponent’s belief as to the existence of such facts or circumstances.

(6) The provisions of Order 52, rule 6 shall not apply to an application under this rule.

Applications under section 62 of the 1962 Act

4.(1) A coroner may apply to the Court under section 62 of the 1962 Act (inserted by section 36 of the...