S.I. No. 317/1992 - District Court (Set-Off Or Counterclaim) Rules, 1992.

S.I. No. 317 of 1992.

DISTRICT COURT (SET-OFF OR COUNTERCLAIM) RULES, 1992.

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 (Set-Off or Counterclaim) Rules, 1992.

2. These Rules shall come into operation on the 10th day of November, 1992 and shall be read together with all other District Court Rules for the time being in force.

3. Rule 144 (set-off or counterclaim) of the District Court Rules, 1948 (S.R. & O. 1947, No. 431) is hereby amended by the deletion of all words therein after the word "Clerk" in the second-last sentence and the substitution therefor of the following—

"within one month after the date of the service of the Civil Process upon him. The Court may, on the application of the Defendant, if satisfied that the Plaintiff and the Clerk have had notice thereof and that it is in the interests of both parties to do so, extend the said period for giving notice on such terms and conditions as it thinks proper; provided always that the Plaintiff shall be given reasonable notice and adequate particulars of the set-off or counterclaim in sufficient time to enable him to prepare for the hearing.

The costs of and incidental to such set-off or counterclaim to be awarded to either party shall be in the discretion of the Court."

GIVEN this 29th day of June 1992.

PETER SMITHWICK, Chairman,

SEÁN McMULLIN,

P. J. BRENNAN,

JOHN P. CLIFFORD,

JOHN GARAVAN,

JOHN P. BROPHY,

SÉAMUS S. Ó CATHASAIGH.

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

Dated this 4th day of November, 1992.

PÁDRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 10th November, 1992, amend the relevant provisions of Rule 144 of the District Court Rules, 1948 relating to the specified period within which a Defendant in any Civil Process may give notice of set-off or counterclaim to the Plaintiff and to the District Court Clerk. The Rules further provide the conditions on which the District Court may extend the period for giving the said notice.