The Rules of the Circuit Court 1950

• Jurisdiction: Ireland

S.I. No. 179 of 1950.

THE RULES OF THE CIRCUIT COURT, 1950.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 30th day of June, 1950.

Signed : W. G. SHANNON.

W. J. GLEESON.

PATRICK J. ROE.

E. C. MICKS.

ROGER O'HANRAHAN.

SEÁN O h-UADHAIGH.

JOSEPH P. TYRRELL.

MICHEÁL Ó CLEIRIGH.

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

Dated this 3rd day of July, 1950.

(Signed) SEÁN MACEOIN,

Minister for Justice.

CONTENTS :

Title and Citation.

Interpretation of Terms.

Order 1. Sittings, Language and Office Hours.

" 2. Venue.

" 3. Judges' Robes and Mode of Address to the Judges.

" 4. Court Seal.

" 5. Commencement of Proceedings.

" 6. Parties.

" 7. Actions by and against Firms and Persons carrying on business in names other than their own.

" 8. Joinder of Claims.

" 9. Indorsement of Claim.

"10. Service and Entry.

"11. Service out of the Jurisdiction.

"12. Appearance, Defence, Lodgment and Counterclaim.

"13. Security for Costs.

"14. Particulars and further Particulars in Claim or Defence.

"15. County Registrar.

"16. Side-Bar Applications.

"17. Sittings in Chambers and Interlocutory Applications.

"18. Discontinuance.

"19. Change of Parties.

"20. Evidence.

"21. Attendance of Witnesses.

"22. Affidavits.

"23. Judgment by Default in cases of Liquidated Demands and Claims for delivery of Goods and Chattels.

"24. Summary Judgment.

"25. Judgment by Default in cases not coming within the preceding Orders.

"26. Judgment by consent in the Office.

"27. Review of Judgments.

"28. Admissions.

"29. Discovery of Documents.

"30. Trial.

"31. Order as to Trial of Separate Issues.

"32. Transfer of Actions.

Order 33. Execution.

" 34. Probate.

" 35. Ejectments.

" 36. Attachment and Committal.

" 37. Attachment of Debts by Garnishee.

" 38. Receiver by way of Equitable Execution.

" 39. Interpleader.

" 40. Workmen's Compensation Acts.

" 41. Bankruptcy.

" 42. Intoxicating Liquor Licences.

" 43. Appeals from the District Court.

" 44. Appeals to the Court of Criminal Appeal.

" 45. Sales.

" 46. Security.

" 47. Administrators Pendente Lite and Receivers.

" 48. The County Officers and Courts (Ireland) Act, 1877 ; The Settled Land Acts ; The Trustee Relief Acts ; and the Trustee Acts.

" 49. Persons of unsound mind.

" 50. Accounts.

" 51. Motions.

" 52. Criminal Injury Applications.

" 53. Registration of Title.

" 54. Rent Restrictions Acts.

" 55. Landlord and Tenant Acts.

" 56. Housing (Miscellaneous Provisions) Act, 1931 .

" 57. Amendments.

" 58. Costs.

" 59. General.

FIRST SCHEDULE.

SITTINGS—TOWNS.

SECOND SCHEDULE.

FORMS.

THIRD SCHEDULE.

COSTS AND COUNSEL'S FEES.

APPENDIX.

REPEALS.

RULES OF THE CIRCUIT COURT OF JUSTICE.

The following Orders and Rules may be cited as " The Rules of the Circuit Court, 1950."

They shall come into operation on the 2nd day of October, 1950, and shall also apply, so far as may be practicable (unless otherwise expressly provided), to all proceedings taken on or after that day in all causes and matters then pending. The Orders and Rules mentioned in the Appendix hereto are hereby annulled, and the following Orders and Rules shall stand in lieu thereof.

INTERPRETATION OF TERMS.

1. " Action " means a civil proceeding commenced by Civil Bill.

2. " Cause " includes any action, suit or other original proceeding between a plaintiff and a defendant.

3. " County Registrar " means the Registrar in any County attached to the Court under the Court Officers Act, 1926 , and any Act amending or extending the same, and includes any deputy County Registrar and any person appointed to act as such Registrar.

4. " The Court " means the Circuit Court as established by the Principal Act.

5. " Days " when not expressed to be " clear days " shall be exclusive of the first and inclusive of the last of such days.

6. " Decree " means the order of the Court embodying its Judgment.

7. " Equity Suit " and " Equity Proceeding " shall include any proceedings of the nature set forth in Section 33 of the County Officers and Courts (Ireland) Act, 1877, or any Act extending or amending the same.

8. " The Judge " means a Judge of the Circuit Court or an Assistant or Deputy Judge of the Circuit Court.

9. " Judgment " means, as the context permits or requires, the decision or order of the Court or a Judge in any proceeding.

10. " Matter " includes every proceeding in the Court commenced otherwise than by Civil Bill.

11. " The Minister " means the Minister for Justice.

12. " Oath " includes solemn affirmation and statutory declaration.

13. " Office " or " the Office " means the Office of the Court in any County.

14. " Party " includes any person entitled to appear and be heard in relation to any action, application, suit or other proceeding.

15. " Person " includes a firm and a body corporate or politic.

16. " The Principal Act " means the Courts of Justice Act, 1924 (No. 10 of 1924), and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent Acts.

17. " Solicitor " includes a firm of Solicitors or any partner therein.

18. " Suit " includes action.

19. " Originating document " includes every document by which proceedings in the Court are instituted.

ORDER 1. SITTINGS, LANGUAGE AND OFFICE HOURS.

Sittings.

Further Sittings

1. Sittings of the Court shall be held at the places within each Circuit set forth in the First Schedule to these Rules, and at such times as the Judge of such Circuit shall from time to time direct and appoint. Notice of such sittings in every County, save Dublin, shall be published in Iris Oifigiúil and in a newspaper circulating in the County, not later than two months before the date thereof ; provided that the Judge, or, in his absence, the County Registrar by his direction, may, whenever it is found impracticable to hold a sitting of the Court as published, notwithstanding anything contained in any public notice previously given, adjourn such sitting to such further date (at the same place) as he may think fit, on giving such notice as may in the circumstances be practicable; provided that in the event of the Judge at any scheduled place being of opinion that any cause, action or matter cannot, owing to the time allotted for the sittings, or for any other sufficient reason, be conveniently heard or disposed of at that sittings, it shall be lawful for such Judge, either with or without any application for that purpose, to adjourn the hearing of such cause, action or matter to some date to be fixed by him. This Rule is subject to the exercise by the President of the Circuit Court of the powers conferred upon him by Part III of the Courts of Justice Act, 1947 .

Vacation.

2. Save as is provided in the next following Rule with reference to the Dublin Circuit, no sittings of the Court shall be held during the months of August and September, which shall be observed as vacation.

Vacation sittings for the Dublin Circuit.

3. During the months of August and September a Judge of the Circuit Court shall sit in Dublin, on such dates as may be announced, to hear all such applications and cases for the Dublin Circuit as may require to be promptly heard.

Urgent applications within the Circuit, or urgent applications under Section 17 of the Courts of Justice Act, 1947 .

4. Applications of an urgent nature may be made to a Judge, during vacation or otherwise, at any time or place approved by him. Notice of intention to make any such application shall be given to the County Registrar, who shall submit the matter to the Judge for his directions.

Language.

5. Either the National language or the English language may be used in any Court document, or at the hearing of any cause or matter.

Office hours.

6. The Offices of the Court shall be open to the public for the transaction of business on every week-day between the hours of 10 a.m. and 4 p.m., with the exception of such days as may be proclaimed by lawful authority to be public holidays. The County Registrar may, however, direct that the Office under his control be closed at 1 p.m. on Saturday, or on whatever day is customarily observed as the weekly half-holiday in the town in which such Office is situated.

ORDER 2. VENUE.

Save when the High Court, or the Court, otherwise orders, all actions and matters, whether transferred from the High Court, or originated in the Court, shall be tried or heard :—"

(a) those relating to title to land, and rectification of the Register, in the County in which the lands in question are situate, or where are situate the lands out of which, or in respect of which, any incorporeal hereditaments in dispute issue or arise, or where the larger portion of any such lands may be situate ;

(b) those of the nature heretofore assigned to the equity side of the County Court, in the County where suits and matters of that kind have been heretofore heard by that Court ;

(c) under the probate jurisdiction and for administration of estates of deceased persons, in the County where the testator or intestate at the time of his death had a fixed place of abode ;

(d) under the lunacy jurisdiction, in the County where the person of, or alleged to be of, unsound mind ordinarily resides ;

(e) at the election of the plaintiff, in any action founded on contract (whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof), in the County...