S.I. No. 3/1985 - District Court (Third Party Procedure) Rules, 1984.

S.I. No. 3 of 1985.

DISTRICT COURT (THIRD PARTY PROCEDURE) RULES, 1984.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court—

1. These Rules may be cited as the District Court (Third Party Procedure) Rules, 1984.

2. These Rules shall come into operation on the 1st day of February, 1985 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"Form" means a form set out in the Schedule of Forms or such modification thereof as may be suitable;

"Principal Rules" means the District Court Rules, 1948 (S. R. & O. 1947 No. 431).

4. Where in any civil proceedings a defendant

( a ) claims against any person not already a party any contribution or indemnity, or

( b ) claims against such person any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) requires that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the plaintiff and the defendant but also between either or both of them and such person,

such defendant may within ten days of the service on him of the civil process (exclusive of the date of such service) issue and serve on such person a notice (in these Rules called a third party notice) in the Form 1 containing a statement of the claim against the defendant and the claim made by him against the third party.

5. With the third party notice the defendant shall serve on such person a copy of the civil process.

6. The defendant shall within the period aforesaid lodge with or send by post to the plaintiff or his solicitor and to the district court clerk a copy of the third party notice.

7. The provisions of the Principal Rules relating to the modes of service of civil processes and the provisions of section 7 of the Courts Act, 1964 shall apply to the service of third party notices issued under these Rules.

8. Where a third party notice is served upon the person against whom it is issued he shall as from the time of service be a party (in these Rules referred to as a third party) with the same rights as if he had been duly sued in the ordinary way by the defendant by whom the notice is issued or by the plaintiff.

9. Where a third party intends to defend the claim by the defendant against him or the claim by the plaintiff against the defendant he shall give notice in the Form 2 and the provisions of the Principal Rules relating to lodgments, set-off or counterclaim, and Notice of intention to defend shall mutatis mutandis apply.

10. Proceedings on a third party notice may at any stage be set aside by the Court.

11. Where a third party fails to give notice of his intention to defend he shall be bound by any decree (including a decree by consent) or decision in the proceedings so far as it is relevant to any claim, question or issue stated in the third party notice.

12. Where in any civil proceedings a defendant has served a third party notice, the Court may at or after the trial, or if the proceedings are decided otherwise than by trial, on an application by motion grant such decree or dismiss to or against any party or parties as the nature of the case may require.

13. Where in civil proceedings a decree is granted against a defendant and a decree is granted to the defendant against a third party, execution shall not issue against the third party without the leave of the Court until the decree against the defendant has been satisfied.

14. Where in any civil proceedings a defendant claims against any person already a party

( a ) any contribution or indemnity, or

( b ) any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the plaintiff and the defendant but also as between either or both of them and that person,

the defendant may, within ten days of the service upon him of the civil process (exclusive of the date of service) issue and serve on such person a notice in the Form 3 containing a statement of the nature and grounds of his claim or of the question or issue to be determined. This Rule shall not apply to any claim which could be made by counterclaim.

SCHEDULE OF FORMS

General heading to be used on all forms:—

THIRD PARTY NOTICE

TAKE NOTICE that these proceedings have been brought by the plaintiff against the defendant. The plaintiff claims against the defendant

as appears on the civil process a copy of which is delivered herewith.

The defendant claims that the following issue should be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and you:—

IF YOU DISPUTE THE CLAIM then within ten days of the service upon you of this notice (exclusive of the date of service) detach and complete the two forms of Notice of Intention to Defend at the end of this Notice, give or send one to the District Court Clerk at and the other to the defendant or his solicitor.

IF YOU GIVE OR SEND THESE NOTICES, the District Court Clerk will notify you of the place, time and date you and your witnesses (if any) should attend for the Court hearing of the claim.

IF YOU PAY THE CLAIM AND COSTS as stated above to the defendant or his solicitor before the expiration of ten days from the date of service upon you of this Notice all further proceedings will be stayed and you will avoid further costs.

NOTICES OF INTENTION TO DEFEND (as in Form 2)

NOTICE OF INTENTION TO DEFEND

(To be served on the defendant or his solicitor)

The Third Party intends to defend

*the defendant's claim against him.

*the Plaintiff's claim against the defendant.

*Delete where inapplicable.

To (Defendant/Defendant's Solicitor)

of

NOTICE OF INTENTION TO DEFEND

(To be lodged with the District Court Clerk)

The Third Party intends to defend

*the defendant's claim against him.

*the Plaintiff's claim against the defendant.

*Delete where inapplicable.

To the District Court Clerk

at

STATEMENT OF CLAIM

TAKE NOTICE that at the hearing of the proceedings the above Defendant's claim against you will be as follows—

(set out the nature and grounds of claim or of question or issue to be determined)

GIVEN this 30th day of November, 1984.

T. F. DONNELLY,

Chairman.

M. CYRIL MAGUIRE.

WILLIAM A. TORMEY.

JOHN P. CLIFFORD.

GERARD A. LEE.

SEÁN McMULLIN.

SEAMUS Ó CATHASAIGH.

I concur in the making of the foregoing Rules.

Dated this 2nd day of January, 1985

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into operation on 1st February, 1985 regulate the practice and procedure of the District Court in relation to claims made by a defendant in civil proceedings against a third party and prescribe forms to be used in connection with such claims.