S.I. No. 48/1980 - Rules of the Superior Courts (No. 1), 1980.

S.I. No. 48 of 1980.

RULES OF THE SUPERIOR COURTS (NO. 1), 1980.

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 14th day of December, 1979.

THOMAS F. O'HIGGINS.

SÉAN DE BUITLÉIR.

HERBERT R. McWILLIAM.

FREDERICK MORRIS.

MARY LAFFOY.

DAVID R. PIGOT.

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

Dated this 20th day of February, 1980.

GERARD COLLINS,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (NO. 1), 1980.

1. Part II of Order 36 shall be repealed and the following substituted therefor

"II. Notice of trial and setting down.

11. Notice of trial may be given in any cause or matter by the plaintiff or other party in the position of the plaintiff. Such notice may be given with the reply (if any) whether it closes the pleadings or not, or at any time after the issues of fact are ready for trial.

12. ( a ) If the plaintiff in any action does not within six weeks after the close of the pleadings, or within such extended time as the Court may allow, give notice of trial, the defendant may apply to the Court to dismiss the action for want of prosecution; and on the hearing of such application, the Court may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court may seem just.

( b ) If the plaintiff in any action does not within three weeks after the close of the pleadings give notice of trial, the defendant may on notice to the plaintiff apply to the Court for liberty to give notice of trial, and on the hearing of such application the Court may make such order, on such terms, as to the Court shall seem just.

13. If within six days after the order of the Master or the Court fixing the time and mode of trial the petitioner shall not enter a matrimonial proceeding for trial, the respondent may enter such proceeding for trial, or may apply to the Court to dismiss the petition for want of prosecution.

14. If within six days after the order of the Master or the Court fixing the time and mode of trial, the plaintiff in a probate or an admiralty action shall not enter the action for trial, the defendant may enter the action for trial.

15. Notice of trial shall state whether it is for the trial of the cause or matter or of issues therein, and shall be in one of the Forms Nos. 17 and 18 in Appendix C.

16. Ten days' notice of trial shall be given, unless the party to whom it is given has consented, or is under terms, or has been ordered, to take short notice of trial; and shall be sufficient in all cases, unless otherwise ordered by the Court. Short notice of trial shall be four days' notice, unless otherwise ordered.

17. Notice of trial shall be given before setting down the action for trial.

18. Unless, within six days after notice of trial is given the trial shall be set down by one party or the other, the notice of trial shall be no longer in force.

19. Notice of trial or of setting down or entering for trial shall not be or operate as for any particular sittings; but shall be deemed to be for any day after the expiration of the notice on which the trial may come on in its order upon the list.

20. No notice of trial shall be countermanded except by consent or by leave of the Court, which leave may be given subject to such terms as to costs, or otherwise, as may be just.

21. If the party giving notice of trial omits to set down the trial on the day of or day after giving notice of trial, the party to whom notice has been given may, unless the notice has been countermanded under rule 20, within four days set down the trial.

22. The officer having the management of the Central Office for the time being shall be the proper officer to make entries and render accounts of all fines or penal sums imposed by the Court.

23. When any cause or matter shall have been adjourned for further consideration, the same may, after the expiration of eight days, and within fourteen days from the filing of the Examiner's certificate, be set down for further consideration, on the written request of the solicitor for the plaintiff or party having the conduct of the proceedings, and after the expiration of such fourteen days the cause or matter may be set down by the Registrar on the written request of the solicitor for the plaintiff or for any other party; and in either case, upon production of the judgment or order adjourning further consideration, or a copy thereof and a copy of the Examiner's certificate or a memorandum of the date when the certificate was filed, indorsed on the request by the proper officer. The request may be in the Form No. 27 in Appendix G. The cause or matter when so set down shall not be put into the list for further consideration until after the expiration of six days from the day on which the same was so set down. Notice thereof shall be given to the other parties in the action at least four days before the day for which the same may be so marked for further consideration. Such notices may be in the Form No. 28 in Appendix G."

2. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1980.

EXPLANATORY NOTE.

These Rules, which amend Order 36, Part II, of the Rules of the Superior Courts, provide that a Defendant may more speedily have an action brought to trial in cases of delay on the part of the Plaintiff in setting the action down for trial after the pleadings have been closed.