S.I. No. 277/1956 - District Court Rules, 1956.

S.I. No. 277 of 1956.

DISTRICT COURT RULES, 1956.

The District Court Rules Committee, in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1953, and with the concurrence of the Minister for Justice, hereby make the following Rules :

1. These Rules may be cited as the District Court Rules, 1956.

2.—(1) These Rules shall come into operation on the 9th day of November, 1956, and shall be read together with the Principal Rules, the District Court Rules (No. 2), 1948 ( S.I. No. 270 of 1948 ), the District Court Rules (No. 3), 1948 ( S.I. No. 431 of 1948 ), the District Court Rules, 1955 ( S.I. No. 83 of 1955 ), and the District Court Rules (No. 2) 1955, ( S.I. No. 84 of 1955 ).

(2) These Rules and the Principal Rules, the District Court Rules (No. 2), 1948, the District Court Rules (No. 3), 1948, the District Court Rules, 1955, and the District Court Rules (No. 2), 1955, may be cited together as the District Court Rules, 1948 to 1956.

3. In these Rules " the Principal Rules " means the District Court Rules, 1948 ( S. R. & O. No. 341 of 1947 ).

4. The Schedule of Costs (inserted by the District Court Rules (No. 2), 1955) annexed to the Principal Rules shall be amended as follows :

(a) " £0 5s. 0d." shall be substituted in every case for the amounts specified in the Schedule of Costs in respect of the following items :

Paid stamp on original civil process,

Paid stamp on Ejectment Civil Process,

Stamp on decree, Paid stamp on decree,

Stamp on dismiss, and Paid stamp on dismiss,

and the amounts set out in the Schedule of Costs in respect of Totals shall be deemed to be altered accordingly,

(b) the table contained in Part I of the Schedule to these Rules shall be substituted for the table entitled " Solicitors Costs In Cases of Special Default Civil Process ", and

(c) the table contained in Part II of the Schedule to these Rules shall be substituted for the table entitled " Rates Summonses ".

SCHEDULE.

PART I.

SOLICITORS' COSTS IN CASES OF SPECIAL DEFAULT CIVIL PROCESS

	If debt paid within 10 days of service of process			If claim admitted by notice and no offer as to payment accepted			If no notice served
	£	s.	d.	£	s.	d.	£	s.	d.
Where amount due at date of issue of Process does not exceed £2	0	15	6	1	4	0	1	8	6
Where said amount does not exceed £5	1	0	6	1	13	0	1	19	0
" " " " £10	1	3	6	1	19	6	2	4	0
" " " " £25	1	13	6	3	0	0	3	11	0
" " " " £50	2	3	6	3	10	0	4	1	0

If the Special Default Process be defended the costs of the successful party shall be in accordance with the appropriate ordinary default scale.

Where no notice of intention to defend or of admission has been served and the case is placed in the Court List by direction of the Justice the Plaintiff' a costs as above stated may, in the discretion of the Justice, be increased by s sum not exceeding 10s.

Where either of such notices is served the Plaintiff's costs above stated shall be reduced by the sum of 3s. if the affidavit of debt has not been sworn before a Commissioner for Oaths.

PART II

RATES SUMMONSES

In summary proceedings brought by summons for the recovery of rates the following scale of Solicitors' Costs in addition to the fee paid for service of the summons may be applied, subject to the discretion of the Justice:—

	Costs before entry			Costs after entry
	£	s.	d.	£	s.	d.
Not exceeding £2	0	10	6	0	15	6
Exceeding £2 and not exceeding £5	0	12	0	1	5	0
" £5 " " £10	0	15	6	1	11	6
" £10 " " £25	1	0	6	1	19	0
" £25	1	3	0	2	5	0
				or such greater sum as the Justice shall think proper.

GIVEN this 2nd day of November, 1956.

FREDERICK J. MANGAN, Chairman.

CATHAL O FLOINN,

DENIS P. O'DONOVAN,

PATRICK F. O'REILLY,

PATRICK J. KERRIGAN,

WILLIAM G. FALLON.

I concur in the making of the foregoing Rules.

Dated this 5th day of November, 1956.

JAMES EVERETT,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on the 9th November, 1956, provide for the amendment of the Schedule of Costs annexed to the District Court Rules (No. 2), 1955, so as to allow for the new court fees prescribed in the District Court (Fees) Order, 1956 ( S.I. No. 250 of 1956 ).