25/07/1936: Order By The Minister For Justice Of The 25Th Day Of July, 1936

HIGH COURT AND SUPREME COURT RULES (ALTERATIONS)

ORDER BY THE MINISTER FOR JUSTICE OF THE 25th DAY OF JULY, 1936

RESOLUTION PASSED BY DÁIL EIREANN ON WEDNESDAY, THE 12th AUGUST, 1936.

"That the Dáil hereby approves of the alterations in the Rules of Court (Orders XXV, XXVI and XXVII) made by the Minister for Justice on the 25th day of July, 1936, under Section 36 of the Courts of Justice Act, 1924 ."

RULES OF HIGH COURT AND SUPREME COURT.

ALTERATIONS:

ORDER BY THE MINISTER FOR JUSTICE OF THE 25th JULY, 1936.

I, Gerald Boland, Minister for Posts and Telegraphs, acting as Agent for the Minister for Justice, by virtue of the powers conferred upon me by Section 36 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the concurrence duly obtained of a majority of the Committee constituted pursuant to the provisions of the said section, do hereby alter the High Court Rules made on the 13th July, 1926, as follows, viz.:—

The following Rules shall apply to Appeals to the Supreme Court and Orders XXV, XXVI and XXVII of the Rules of the High Court and Supreme Court, 1926, shall be amended accordingly, and in particular rule 1 of Order XXV shall be wholly repealed.

1. Every Appeal to the Supreme Court from any Judgment or Order (other than an order made ex parte), of any Court or judicial body shall be brought by Notice of Motion to which the following provisions shall apply:—

(i) Every such Notice of Motion of Appeal shall be a four-day Notice.

(ii) Every Notice of Motion of Appeal shall be served within twenty-one days from the day of the date on which the Judgment or Order against which the Appeal is taken was passed and perfected and the date upon which every Judgment or Order was passed or perfected shall be endorsed on the Judgment or Order by the proper Officer of the Court or Judge by whom the same was made or pronounced.

(iii) Every Appeal to the Supreme Court shall be entered in the office of the proper Officer of the Supreme Court at latest upon the day after that upon which notice thereof shall have been served upon the Respondent.

(iv) The party appealing from any Judgment or Order shall lodge with the proper Officer of the Supreme Court an Office Copy of the Judgment or Order the subject of the Appeal and shall leave with such Officer a copy of the Notice of Appeal to be filed, and such Officer shall thereupon set down the Appeal in the proper List of Appeals and, as soon as the necessary papers are in order and ready for the Court, it shall come on to be heard according to its order in such List, unless otherwise directed by the Supreme Court, but so as not to come into the List for hearing before the day named in the Notice of Appeal.

(v) The party appealing shall lodge in the office of the Supreme Court before the day named for hearing of the Appeal the pleadings and documents in reference thereto.

(vi) The Notice of Motion shall state whether the whole or part only of the Judgment or Order is complained of, and in the latter case shall specify such part.

(vii) The Notice of Appeal shall in every case state the grounds upon which the Appeal is taken and the Order (if any) in lieu of the Judgment or Order complained of for which the party appealing asks.

(viii) The appellant shall lodge with the proper officer of the Supreme Court before the day named for the hearing of the Appeal three Books of Appeal for the use of the Judges, each containing copies of all documents required for the purposes of the appeal, with a sufficient index.

2. In the case of any Appeal on a question of law under the Workmen's Compensation Act, 1934 , or any Act amending the same, the foregoing provisions as to Appeals to the Supreme Court shall apply, and it shall be the duty of the proper officer of the Supreme Court to apply to the Registrar of the Circuit Court or the proper officer thereof for a signed copy of the note made by the Circuit Judge of any question of law raised before him and of the facts in evidence in relation thereto and of his decision thereon and of his decision on the question or matter submitted to him.Such copy shall be supplied for the use of the Supreme Court and received at the hearing of the Appeal, and the Registrar of the Supreme Court shall further apply to the County Registrar or other proper officer of the Circuit Court in which the case was heard to transmit to him for the use of the Supreme Court a file of all documents and papers relating to the case.

If the note before-mentioned cannot be produced, the Supreme Court shall have power to hear and determine an Appeal upon any other evidence or statement of what occurred at the hearing of

the case before the Circuit Court which the Supreme Court may deem sufficient.

3. Where an ex-parte application has been refused in whole or in part by the High Court or a Judge thereof, an application for a similar purpose may be made to the Supreme Court ex parte within four days from the date of such refusal, or within such enlarged time as the High Court or the Judge thereof or the Supreme Court may allow.

Dated this 25th day of July, 1936.

(Sgd.) GERALD BOLAND.