S.I. No. 510/2001 - Circuit Court Rules, 2001.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which come into operation on the 3rd day of December, 2001, replace in revised and consolidated form the Rules listed in Schedule A hereto. They prescribe the practice and procedures to be followed and the forms to be used in the Circuit Court proceedings to which they relate on and from the operative date, save for proceedings pending in the Court on that date, which proceedings shall be continued and completed as if these Rules had not been made.

TABLE OF CONTENTS

S.I. No. 510 of 2001

CIRCUIT COURT RULES, 2001

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 26th day of October, 2001.

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

Dated this 15th day of November, 2001.

RULES

THE CIRCUIT COURT RULES, 2001

INTERPRETATION OF TERMS

1. “Action” means a civil proceeding commenced by Civil Bill or such other procedure as is provided by these Rules and includes a cause or matter. Where the context so requires, the term “Civil Bill” includes all other forms of originating document. In all cases where proceedings are commenced otherwise than by Civil Bill, these Rules shall apply to the document by which such proceedings were originated as if it were a Civil Bill.

2. “Cause” includes any suit or other original proceeding.

3. “contracting state” means contracting state as defined by Section 4 of the 1998 Act.

4. “corporation” and “association” have the meanings provided for in Section 15(4) of the 1998 Act.

5. “County Registrar” means the Registrar in any County attached to the Court under the Court Officers Act, 1926 , and any Act amending or extending the same, and includes any deputy County Registrar and any person appointed to act as such Registrar.

6. “The Court” means the Circuit Court as established by the Principal Act and any subsequent amendments thereto.

7. “Days” when not expressed to be “clear days” shall be exclusive of the first and inclusive of the last of such days. Where a limited time of less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Saturday and Sunday shall not be reckoned in the computation of such limited time. Where the time for doing any act or taking any proceedings expires on a Saturday, Sunday or other day on which the office is closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the office next is open.

8. “Decree” means the Order of the Court embodying its Judgment.

9. “domicile” is to be determined in accordance with the provisions of Section 15 of the 1998 Act and Articles 52 and 53 of the 1968 Convention.

10. “Equity Suit” and “Equity Proceeding” shall include any proceedings of the nature set forth in Section 33 of the County Officers and Courts (Ireland) Act, 1877, or any Act extending or amending the same.

11. “The Judge” means a Judge of the Circuit Court.

12. “Judgment” means, as the context permits or requires, the decision or order of the Court or of a Judge in any proceeding.

13. “The Minister” means the Minister for Justice, Equality and Law Reform.

14. “Oath” includes solemn affirmation and statutory declaration.

15. “Office” or “the Office” means the Office of the Court in any County.

16. “official address” has the meaning provided for in Part III paragraph 5 of the Ninth Schedule to the 1998 Act.

17. “Originating document” includes every document by which proceedings in the Court are instituted.

18. “Party” includes any person entitled to appear and be heard in relation to any action, application, suit or other proceeding.

19. “Person” includes a firm and a body corporate or politic.

20. “The Principal Act” means the Courts of Justice Act, 1924 (No. 10 of 1924), and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent Acts.

21. “Solicitor” includes a firm of Solicitors or any partner therein.

22. “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

23. “1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on the 27th September, 1968, and is to be construed in accordance with Section 2 of the 1998 Act.

ANNULMENT OF EXISTING RULES

These Rules shall come into operation on the 3rd day of December, 2001.

On and from the said date the Rules listed in Schedule A hereto shall, stand annulled, save as to any proceedings pending in the Court, which proceedings shall be continued and completed as if these Rules had not been made.

The Interpretation Act, 1937 , shall apply to these Rules.

ORDER 1

SITTINGS, LANGUAGE AND OFFICE HOURS

1. Sittings of the Court shall be held at the places within each Circuit as may be from time to time prescribed, and at such times as the Judge of such Circuit shall from time to time direct and appoint. Notice of such sittings in every County, save Dublin, shall be published in Iris Oifigiuil and in a newspaper circulating in the County, not later than two months before the date thereof; provided that the Judge, or, in his absence, the County Registrar by his direction, may, whenever it is found impracticable to hold a sitting of the Court as published, notwithstanding anything contained in any public notice previously given, adjourn such sitting to such further date (at the same place) as he may think fit, on giving such notice as may in the circumstances be practicable; provided that in the event of the Judge at any scheduled place being of opinion that any cause, action or matter cannot, owing to the time allotted for the sittings, or for any other sufficient reason, be conveniently heard or disposed of at that sittings, it shall be lawful for such Judge, either with or without any application for that purpose, to adjourn the hearing of such action, cause or matter to some date to be fixed by him. This Rule is subject to the exercise by the President of the Circuit Court of the powers conferred upon him by Part III of the Courts of Justice Act, 1947 .

2. This Rule applies to the Dublin Circuit only subject to the provisions of Rule 1 hereof. The President of the Circuit Court if assigned to the Dublin Circuit or the Senior Judge of the Dublin Circuit if the President is not assigned to that Circuit shall direct and appoint the times and places for the Sittings of the Circuit Court in the Dublin Circuit. Notice of such Sittings shall be published in Iris Oifigiuil not later than two months before the date thereof. The said notice shall set out the day of commencement and the day of termination of each Sitting. Provided that the President of the Circuit Court if assigned to the Dublin Circuit or the Senior Judge of the Dublin Circuit if the President of the Circuit Court is not assigned to the Dublin Circuit may with the consent of all the Judges permanently assigned to the Dublin Circuit extend any Sittings of the Circuit Court in the Dublin Circuit beyond the date of termination of that Sittings. It will not be necessary to publish any notice of such extension.

3. Save as is provided in this Order, no sittings of the Court shall be held during the months of August and September, which shall be observed as Vacation other than to continue a hearing commenced before the first of August.

4. During the months of August and September a Judge or Judges of the Circuit Court shall sit in Dublin, on such dates as may be announced, to hear all such applications and cases for the Dublin Circuit as may require to be promptly heard. Further, the President of the Circuit Court may, in accordance with the powers conferred on him by Section 10 of the Courts of Justice Act. 1947, fix sittings to be held in any Circuit during the month of August or September where such additional sittings are, in the view of the President of the Circuit Court, necessary or desirable.

5. Applications of an urgent nature whether during a vacation or otherwise may be made to the President of the Circuit Court or a Judge nominated by him. Notice of intention to make any such application shall be given to the County Registrar who shall submit the matter to the President or a Judge nominated by him which said application shall be made at any time or place approved by the President of the Circuit Court or a Judge nominated by him.

6. Either the National language or the English language may be used in any Court document, or at the hearing of any cause or matter.

7. The Offices of the Court shall be open to the public for the transaction of business on every week-day between the hours of 10 a.m. and 4.30 p.m., with the exception of Saturday and of such days as may be proclaimed by lawful authority to be public holidays.

ORDER 2

VENUE

Save when the High Court, or the Court, otherwise orders, all actions, causes or matters, whether transferred from the High Court, or originated in the Court, shall be tried and heard:—

(a) those relating to title to land and rectification of the Register, in the County in which the lands are situate, or where are situate the lands out of which, or in respect of which, any incorporeal hereditaments in dispute issue or arise, or where the larger portion of any such lands may be situate;

(b) those of the nature heretofore assigned to the equity side of the County Court, in the County where suits and matters of that kind have been heretofore heard by that Court;

(c) under the probate jurisdiction and for the administration of estates of deceased persons, in the County where the testator or intestate at the time of his death ordinarily resided;

(d) under the lunacy jurisdiction, in the County where the person of, or alleged to be of, unsound mind ordinarily resides;

(e) at the election of the plaintiff, in any action founded on contract (whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or in the County within which the contract was made;

(f) at the election of the plaintiff, in any action founded on tort, in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation, or in the County wherein the tort is alleged to have been committed;

(g) in all other cases (subject to the provisions of these Rules relating to matrimonial cases and cases concerning children and cases concerning domestic violence), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation.

(h) Subject to Title II of the 1968 Convention, the jurisdiction of the Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation;

(i) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 8.2 or Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation;

(j) Where jurisdiction depends on the domicile of a corporation or association, that jurisdiction shall be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the corporation or association has its registered office or other official address or where the central management and control of the corporation is exercised or where the corporation or association carries on business.

ORDER 3

JUDGES' ROBES AND MODE OF ADDRESS TO THE JUDGES

1. The Judges shall during the sittings of the Court wear: a black coat and vest of uniform nature and material, of the kind heretofore worn by Senior Counsel; a black gown of uniform make; white bands as heretofore worn; and a wig of the kind known as the small or bobbed wig, save as otherwise provided.

2. A Judge shall be addressed in Court by his title, and may be referred to in Irish as “An Chúirt” or in English as “The Court”.

ORDER 4

COURT SEAL

1. The Court shall have for use in each County an embossing Seal or, in circumstances in which the Office has multiple locations, embossing Seals with an appropriate inscription, as directed by the Minister, specifying the name of the Circuit in connection with which it is to be used. Such Seal shall be placed and retained in the custody of the County Registrar. It shall not be necessary that any Decree, Order, Warrant or other document shall be signed by the Judge, but all such documents shall be authenticated by the Seal of the Court impressed thereon and the signature of the County Registrar.

2. Where by reason of the re-arrangement of Circuits an embossing Seal is not available for a particular Circuit Court area then until such time as an embossing Seal becomes available, all documents required by Rule 1 of this Order to be authenticated by the Seal of the Court shall be authenticated by the signatures of both the Circuit Court Judge and the County Registrar for the said area.

ORDER 5

COMMENCEMENT OF PROCEEDINGS

1. Civil proceedings in the Court shall, unless otherwise provided by Statute or by these Rules, be instituted by the issue of a Civil Bill, which shall be in the appropriate form in accordance with the Schedule of Forms to these Rules (being Forms 2A to 20), or such modification thereof as may be suitable and shall state such facts as may be necessary to show the jurisdiction of the Court.

2. Civil Bill Ejectments on the title and Civil Bills issued for the purpose of establishing questions of title to land, other than ejectments for overholding or for non-payment of rent, shall be headed “Title Jurisdiction” and shall contain such statement of the Poor Law Valuation or rent (as the case may be) as shall show jurisdiction. At the hearing of any such case the plaintiff may be required to produce a map of the lands.

3. Subject to Order 8, the Civil Bill shall state:—

(a) the given or first name, surname, occupation and residence or place of business of the plaintiff.

(b) the surname of the defendant, his residence or place of business, and, where known, his given or first name and his occupation, and, if the defendant is sued in a representative capacity, the capacity in which he is sued.

4. The Civil Bill shall call upon a defendant to enter an appearance within a stated time after service (which shall not be less than ten days or other time limited for appearance by agreement of the parties or any order of the Court) to answer the claim of the plaintiff, and shall warn him of the consequences of failure to do so provided that the expiry of such time shall not entitle the Office to refuse to permit an appearance to be entered.

5. Every Civil Bill shall be signed by the plaintiff, or by his Solicitor, and shall be endorsed with particulars of the plaintiff's demand:—

(a) stating the nature, extent and grounds thereof, full particulars of all items of special damage being claimed and the relief sought and, where it is a money claim, the amount thereof and the rate and amount of interest (if any) claimed. If, in the first instance, the plaintiff desires an account to be taken, that fact shall be stated, together with the specific amount (if any) which the plaintiff claims to be subject to that account;

(b) where there is more than one claim, stating like particulars of each claim to those in paragraph (a), and the relief sought in respect of each;

(c) stating the abandonment of any part of a claim, if the plaintiff desires abandonment in order to bring the claim within the jurisdiction;

(d) where the plaintiff sues in a representative capacity, stating the capacity in which he sues; and

(e) where the plaintiff sues as assignee, stating the name, address and description of the assignor at the date of the assignment, and the date of such assignment.

6. Whenever the plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be in accordance with a Schedule of fees to be determined by the County Registrar for the County of the City of Dublin from time to time.

If there are more defendants than one, the above amounts may be increased by a reasonable sum for each additional defendant served.

7. Where, by any Statute not mentioned in these Rules, proceedings are authorised or directed to be taken in the Court, such proceedings shall be commenced by Civil Bill.

8. The Consent prescribed by Section 48(1) of the Principal Act, as amended, which provides for the enlargement of the jurisdiction of the Court by consent of the parties shall be in the form set forth in Form 1 of the Schedule of Forms hereto, and shall be lodged with the County Registrar either before or at any time during the hearing.

9. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action, cause or matter with costs, unless the Consent prescribed by Section 48 of the Principal Act has been signed. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction relates to venue and appears on the face of the originating document, the Court may transfer the action, cause or matter to the appropriate circuit or may strike out the action, cause or matter with costs as it considers appropriate.

10. Where proceedings are commenced in the Circuit Court on the basis of jurisdiction derived from the 1968 Convention the Civil Bill shall before issue be indorsed:

(a) with a statement that the Court has power under the 1998 Act to hear and determine the action, cause or matter, and specifying the particular provision or provisions of the 1968 Convention under which the Court should assume jurisdiction; and

(b) a statement that no proceedings between the parties concerning the same cause of action is pending between the parties in another contracting state; and

(c) the facts which are relied upon to show jurisdiction and venue.

ORDER 6

PARTIES

1. All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise; provided that if, upon a motion on notice by any defendant, it shall appear that such joinder may embarrass or delay the trial, the Judge may order separate trials, or make such other order as may be right, and provided also that no person shall be made a plaintiff without his consent.

2. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. When the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties. It shall not be necessary that every defendant shall be interested as to all the relief sought, or as to every cause of action included in any proceedings against him; but the Judge may make such order as may appear just, to prevent any defendant from being embarrassed, or put to expense, by being required to attend any proceedings in which he has no interest.

3. The plaintiff may, at his option, join as defendants to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.

4. No action, cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Judge may in every action, cause or matter deal with the subject in controversy so far as regards the rights and interests of the parties actually before him. The Judge may, at any stage of the proceedings, either upon or without the application of any party, and on such terms as may appear to him to be just, order that the name of any party, whether plaintiff or defendant, who has been improperly joined, be struck out, and that the name of any person who ought to have been joined as a party, or whose presence before the Court may be necessary in order to enable the Judge to adjudicate upon and settle all the questions involved in the cause or matter, be added as a plaintiff or a defendant. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his consent in writing thereto. Every person whose name is so added as defendant shall be served with a Civil Bill in such manner as may be prescribed by any Order of the Court, and the action, cause or matter, as against such party, shall be deemed to have begun only on the service of such Civil Bill.

5. An infant may sue by his next friend, and in such case there shall be lodged with the Civil Bill a written authority authorising the commencement and prosecution of the suit on behalf of the infant and the use of the name of such person as next friend, signed by such person.

6. An infant may defend by his guardian ad litem appointed for that purpose in accordance with Order 19 of these Rules.

7. When proceedings have been brought on behalf of or against an infant, the Court may appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any next friend or guardian ad litem, and appoint another in his place, and may also direct that any money or other personal property to which such infant may be declared entitled in such proceedings be secured or invested for the benefit of such infant in such manner as the Judge shall consider advisable.

8. A person of unsound mind whether or not so found by inquisition may sue by his committee or next friend, and may defend by the committee or by the guardian ad litem appointed for that purpose in accordance with Order 19 of these Rules, or by the Court.

9. Trustees, executors and administrators may sue and be sued on behalf of, or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Judge may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors, and administrators sued in proceedings to enforce a security by sale or otherwise.

10. Save in actions founded on tort, when there are numerous persons having the same interest in one action or matter, one or more of such persons may sue or be sued, or may be authorised by the Judge to defend, in such action or matter, on behalf of or for the benefit of all persons so interested.

11. Where proceedings are taken for the recovery of land, any tenant, under-tenant, or other person in actual possession of the property sought to be recovered, or any part thereof, may be named as defendant and the Civil Bill shall be directed to such tenant, under-tenant, or other person, with the addition of the words “and all persons concerned”.

12. Where proceedings are taken as mentioned in the last preceding rule, any person not named in or served with the Civil Bill may by leave of the Judge appear and defend at the hearing, and the Judge may there after deal with such person, both as to costs and otherwise, as if he had originally been served with the Civil Bill as defendant.

13. When any person residing outside the Circuit, but inside the State, is a necessary and proper party to a proceeding properly instituted in the Court against some person within the Circuit, such first mentioned person may be served with the Civil Bill or other document without special leave.

14. Subject to the requirements of Rule 9 of Section 66 of the Chancery (Ireland) Act, 1867, wherever, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced affecting the rights or interests of persons not parties to the action, the Court may direct that any persons interested in the estate, or under the trusts, or in the hereditaments, shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings, in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may within one month after such service apply to the Court to discharge, vary or add to the said judgment or order.

ORDER 7

THIRD PARTY PROCEDURE

1. Where in any action a defendant claims as against any person not already a party to the action (in this Order called “the third party”)

(a) that he is entitled to contribution or indemnity;

(b) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff;

(c) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and the third party or between any or either of them,

the Court may give leave to the defendant to issue and serve a third party notice and may, at the same time, if it shall appear desirable to do so, give the third party liberty to appear at the trial and take such part therein as may be just, and generally give such directions as to the Court shall appear proper for having any question or the rights or liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.

2. The application for such leave shall be made by motion on notice to the plaintiff in accordance with Form 6C as set out in the Schedule of Forms attached hereto. Unless the plaintiff wishes to add the third party as a defendant, his attendance at the hearing of the motion shall not be necessary. If the plaintiff does attend he shall not be entitled to costs in respect of the motion except by special direction of the Court.

3. Application for leave to issue the third party notice shall, unless otherwise ordered by the Court, be made after the service of an Appearance and at any time prior to the trial of the action.

4. The third party notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and all information required to be set out in the indorsement of a Civil Bill as provided for in these rules and any directions of the Court given under Rule 1 hereof. The third party notice shall be issued and served in the same manner as in the case of a Civil Bill and shall be served within twenty-one days of the making of the Order unless otherwise directed by the Court. A copy of the Civil Bill and defence together with a copy of the Order joining the third party shall be served with the third party notice which said third party notice shall also be served upon the Plaintiff(s). Where the third party is joined as a defendant, an amended Civil Bill together with a copy of the Order joining the third party as a defendant shall be served upon all defendants by the plaintiff within twenty-one days of the making of the Order unless otherwise directed by the Court. Any amended defence of an original defendant to the proceedings shall be served upon the plaintiff within ten days from the date of service of the amended Civil Bill.

5. The third party shall, as from the time of service upon him of the third party notice, be a party to the action with the same rights in respect of defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant and shall be entitled to be served with all pleadings in the proceedings by the party filing and/or delivering same.

6. The third party notice shall call upon a third party to enter an appearance within a stated time after service (which shall not be less than ten days or other time limited for appearance by agreement of the parties or any order of the Court) to answer the claim of the defendant, and shall warn him of the consequences of failure to do so provided that the expiry of such time shall not entitle the Office to refuse to permit an appearance to be entered.

7. Where a third party enters an appearance, he shall deliver his defence within ten days from the date thereof or within such further period as may be allowed by the Court or consented to by the defendant(s) in the proceedings.

8. After the third party enters an appearance, and before the expiration of the time limited for the delivery of defence, he may, after serving notice of the intended application upon the plaintiff and all defendants, apply to the Court to vary any directions given by the Court under Rule 1 of this Order.

9. The Court may decide all questions of costs as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others or give such directions as to costs as the justice of the case may require.

ORDER 8

ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

1. Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action and in the names of such persons; and any party to an action may in such cases apply by notice of motion to the Court for a statement of the names, descriptions and places of residence of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct.

2. When a Civil Bill is issued by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names, descriptions and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitors shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Judge may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the Civil Bill, but all proceedings shall, nevertheless, continue in the name of the firm.

3. Where persons are sued as partners in the name of their firm under Rule 1 of this Order, the Civil Bill shall be served either upon any one or more of the partners personally or at the principal place, within the jurisdiction, of the business of the partnership, upon any person having at the time of service the control or management of the partnership business there; and, subject to these rules, such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a Civil Bill against them shall be necessary; provided that in the case of a partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the Civil Bill shall be served on every person within the jurisdiction sought to be made liable.

4. Where persons are sued as partners in the name of their firm, they shall appear individually in their own names; but all subsequent proceedings shall, nevertheless, continue in the name of the firm.

5. Debts owing by a firm carrying on business within the jurisdiction may be attached under Order 38, although one or more members of such firm may be resident abroad, provided that any person having the control or management of the partnership business, or any member of the firm within the jurisdiction, is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.

6. The above Rules shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction, but no execution shall be issued in such actions without leave of the Judge after motion on notice to the party so to be affected, and on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just.

7. Any person carrying on business within the jurisdiction in a name or style other than his own name which is not registered pursuant to the Registration of Business Names Act, 1963 , may be sued in such name or style; and the plaintiff in such cases may apply by Notice of Motion to the Court for an Order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified upon oath or otherwise as the Court may direct.

8. In all cases to which Rule 7 of this Order applies service of a Civil Bill or any other document may be effected by service in the manner provided by these Rules on the person carrying on business or on such person who at the time of the service appears to have control or to be managing the said business, at the place where the said business is carried on. Such service shall be deemed to be good service upon the person sued whether or not that person is out of the jurisdiction and no leave to issue the Civil Bill or other document shall be necessary.

9. In so far as the nature of the case will permit, all rules relating to the proceedings against firms shall apply to all cases to which Rule 7 of this Order applies.

ORDER 9

JOINDER OF CLAIMS

1. Save as in the next succeeding Rule provided, two or more claims may be made in one originating document, either alternatively or otherwise, so long as the claims are not mutually inconsistent or based upon inconsistent allegations of fact, but, if it appears to the Judge that claims joined in any action or matter cannot be conveniently tried together, he may order separate trials or may exclude any claim, and may order the record to be amended accordingly, and may make such order as to costs as may be just.

2. No claim may be joined with one for the recovery of land except in respect of mesne profits or arrears of rent, or double rent in connection therewith, or any part thereof, and damages for breach of any contract under which the land, or any part thereof, is held, or for any wrong or injury to the said land or any part thereof. An action for redemption, and a motion for delivery by a defendant of possession of mortgaged property therein, shall not be deemed a claim for the recovery of land within the meaning of this Rule.

ORDER 10

INDORSEMENT OF CLAIM

1. In proceedings on bills of exchange, promissory notes or other securities for money, the Civil Bill shall set forth the dates of the same respectively, the sums for which the same were respectively given, and the sums claimed to be due thereon for principal and interest, and the rate of such interest, the parties to the same respectively, and the dates when the same respectively became due and payable.

2. In all proceedings for rent and for use and occupation of land, the Civil Bill shall state the amount claimed for rent or use and occupation and the period up to which the same is alleged to be due, the name of and the place in the town or townland and the county in which the land or tenements or part thereof are situate, and, when brought upon a lease or other instrument, the date thereof and the parties thereto.

3. In all proceedings founded upon any written document not included in the last two preceding Rules, the Civil Bill shall state the date of the document and the parties thereto and, if for the payment of money, the amount claimed, or, if for the breach of any contract, the alleged breach or breaches of such contract.

4. If a plaintiff, where the amount alleged to be due to him exceeds the jurisdiction of the Court, shall be satisfied to recover such sum as is within the jurisdiction, he shall state upon the face of the Civil Bill that he abandons all claim to any larger amount, and thereupon the Court may deal with the claim, and the decree (if any) made shall be in full satisfaction of the whole of the original demand.

ORDER 11

ISSUE OF CIVIL BILL, SERVICE AND ENTRY

1. Save as otherwise provided in these Rules, every Civil Bill shall be signed and presented in duplicate to be issued out of the Office of the Court in a County having jurisdiction pursuant to these Rules (hereinafter referred to as “the Office”). The Civil Bill which is stamped, sealed and issued in the manner herein after set out shall be the original Civil Bill. The duplicate thereof shall be filed in the Office.

2. The Civil Bill shall, before issue thereof for service, be stamped in the appropriate amount, if any, as prescribed by law and, where stamping is required by law, if not so stamped, the Civil Bill and the duplicate Civil Bill shall have no effect or force.

3. The Civil Bill shall be presented to the Office, sealed, marked with the record number by the proper officer and shall thereupon be deemed to be issued, subject to the provisions of section 7 (6)(a)(ii) of the Courts Act, 1964 , and shall thereafter be entered in the cause book in date and numerical order of issue. At the time of issuing, the proper officer shall mark upon the duplicate Civil Bill the date of issue, full details in relation to stamping and the record number assigned to the Civil Bill. No Civil Bill shall be served until the same shall have been so dated, sealed, stamped and marked. In presenting such Civil Bill together with the duplicate thereof to the Office for issuing, such presentation may be by post or in person. In circumstances in which the Civil Bill has been presented by post, the proper officer shall return the Civil Bill to the Plaintiff or the Plaintiff's solicitor, as appropriate, by ordinary pre-paid post.

4. No Civil Bill for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court or of the County Registrar, save in accordance with the provisions of Orders 13 and 14 of these Rules.

5. Save as provided by Rules 10, 11 and 19 of this Order, a copy of the Civil Bill shall be served by one of the officers duly appointed as Summons Servers by the County Registrar. A Summons Server or other authorised person shall not accept for service any document purporting to be a copy of the Civil Bill unless the original of such Civil Bill duly dated, sealed, stamped, indorsed, marked and issued as prescribed by Rules 1, 2 and 3 hereof be at the same time handed to him to be shown at the time of service to the defendant or other person to be served. The fee payable to such Summons Server or other authorised person shall be such sum as determined by the County Registrar from time to time, but, when the Civil Bill is served upon two or more defendants residing in the same household, only one service fee shall be payable. Wherever and for so long as no Summons Server in each case stands assigned to any area by the County Registrar of the County in which such area is situate, then service may be effected in the manner prescribed by Section 7 of the Courts Act, 1964 .

6. Save where otherwise directed or permitted service of a Civil Bill shall be effected upon the defendant personally wherever he is to be found within the jurisdiction or at the defendant's residence within the jurisdiction personally upon the husband or wife of the defendant or upon some relative or employee of the defendant over the age of sixteen years and apparently resident there. At the time of service the original Civil Bill duly sealed and issued shall be shown to the person served.

7. Every Summons Server, or other person duly authorised to effect service, shall compare the copies of the Civil Bills or other documents delivered to him for service with their respective originals and, prior to the service of such copies shall indorse his name upon the same; and after he has effected service, such person serving a Civil Bill shall, within three days at most after service, indorse his name upon each original, stating also the day of the week and, date upon which, and in the manner in which, and place, where such service was made, and the person, whether husband or wife or relative or employee, upon, whom the same was served.

8. Service in accordance with these Rules shall be authenticated by affidavit or statutory declaration by the person serving same and such affidavit or statutory declaration of service of such civil bill shall mention the date on which the indorsements referred to in Rule 7 hereof were made and shall be sworn or declared within a reasonable time of such service having taken place. Such affidavit or statutory declaration may be indorsed on the original document.

9. Where personal service is prescribed and is alleged to have been effected, but the person who has made such service does not know of his own knowledge that the person served is the person named for personal service, he may make the affidavit or statutory declaration referred to in the preceding Rule, stating therein that same is true to the best of his knowledge and belief, but, in any such case, the Judge may on his own initiative or on the application of any person who is alleged to be affected by the said service require such further evidence thereof as he may think right.

10. A Solicitor may undertake in writing to accept service of a Civil Bill and in such case service on such Solicitor shall be sufficient, provided that he shall at the time of service indorse on the original Civil Bill his acceptance of service thereof and his undertaking to enter an appearance thereto.

11. If it be made to appear to the Judge or the County Registrar that the plaintiff is from any cause unable to effect prompt personal service, or such other service as is prescribed by these Rules, the Judge or the County Registrar may make such order for substituted service, or for the substitution for service of notice by advertisement, or otherwise as may be just, and (save where service is allowed by advertisement), whenever any such order shall be made, a copy thereof shall be served with the Civil Bill or other document, or such notice, and every such order shall state the time within which the defendant may enter an appearance or comply with the requirements of such order.

12. Every application to the Court or the County Registrar for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made.

13. In any case, the Judge or the County Registrar may declare the service actually effected sufficient.

14. When an infant is a defendant to an action, service on his father or guardian, or, if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Judge or the County Registrar otherwise orders, be deemed good service on the infant; provided that the Judge may order that service made or to be made on the infant shall be deemed good service.

15. When a person of unsound mind whether or not so found by inquisition is a defendant to an action, service on the Committee of the Lunatic, or upon the person with whom the person of unsound mind resides, or under whose care he is, shall, unless the Judge or the County Registrar orders otherwise, be deemed good service on the defendant.

16. A Summons Server, or other person duly authorised to effect service, shall, within four days after service, return the original document properly indorsed as prescribed by these Rules to the Solicitor or other person from whom the same was received.

17. In special circumstances and for good cause shown the Judge or the County Registar may permit service of any Civil Bill to be effected by a person other than a Summons Server.

18. In all cases where proceedings are commenced otherwise than by Civil Bill, the preceding Rules of this Order shall apply to the document by which such proceedings were originated as if it were a Civil Bill.

19. Any document, as to which no mode of service is prescribed by these Rules, may be served by delivering the same to the party or person on whom it is to be served personally, or by delivering the same at the residence or place of business of such person, or by sending the same by pre-paid post, addressed to such party or person at his last known residence or place of business.

20. Where a party or person acts by a Solicitor, any document required to be delivered to or served upon such party may be delivered to or served upon such Solicitor, except in cases where by these Rules personal service upon a party is required; and service of any such document upon such Solicitor, or delivery of the same at his office, or sending the same to him by pre-paid post to such office shall be deemed to be good service upon the party or person for whom such Solicitor acts as upon the day when the same is so delivered or served, or upon which in the ordinary course of post it would be delivered.

21. The endorsement of service and the statutory declaration for the service of Civil Bills or other originating documents as provided by Section 7 of the Courts Act, 1964 , shall be in the form set out at Form 1B of the Schedule of Forms annexed hereto.

ORDER 12

RENEWAL OF CIVIL BILL

1. No Civil Bill shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the County Registrar for the County in which the Civil Bill was issued for leave to renew the Civil Bill. After the expiration of twelve months, an application to extend time for leave to renew the Civil Bill shall be made to the Court. The Court or the County Registrar, as the case may be, if satisfied that reasonable efforts have been made to serve the defendant, or for other good reason, may order that the Civil Bill be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed Civil Bill. The Civil Bill shall in such case be renewed by being stamped with the date of the day, month and year of such renewal; such stamp to be provided and kept for that purpose in the appropriate Circuit Court Office and to be impressed upon the Civil Bill by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in the Form 25 hereunto annexed; and a Civil Bill or other originating document so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the Civil Bill.

2. In any case where a Civil Bill has been renewed on an ex parte application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order.

3. The production of a Civil Bill purporting to be marked with a stamp showing the same to have been renewed in the manner aforesaid, shall be evidence of its having been so renewed and of the commencement of the action as of the first date of such Civil Bill for all purposes.

4. Where a Civil Bill of which the production is necessary, has been destroyed or lost the Court upon being satisfied of the destruction or loss, and of the correctness of a copy thereof, may order that such copy shall be sealed and served in lieu of the original Civil Bill or other originating document.

ORDER 13

SERVICE OUT OF THE JURISDICTION

1. Service out of the jurisdiction of a Civil Bill, or notice thereof, may be allowed by the Court or the County Registrar whenever:—

(a) the whole subject matter of the action is land situate within the jurisdiction (with or without rents or profits), or the perpetuation of testimony relating to land within the jurisdiction; or

(b) any act, deed, will, contract, obligation, or liability affecting land or hereditaments situate within the jurisdiction is sought to be construed, rectified, set aside, or enforced in the action; or

(c) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or

(d) the action is for the administration of the estate of any deceased person, who, at the time of his death, was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, and which ought to be executed according to the law of Ireland; or

(e) the action is one brought to enforce, rescind, dissolve, annul, or otherwise affect a contract, or to recover damages or other relief for or in respect of the breach of a contract—

(i) made within the jurisdiction, or

(ii) made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or

(iii) by its terms or by implication to be governed by Irish Law, or

(f) the action is one brought in respect of a breach committed within the jurisdiction of a contract, wherever made, even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction; or

(g) the action is founded on a tort committed within the jurisdiction; or

(h) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or

(i) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction; or

(j) the proceeding relates to an infant or a person of unsound mind whether or not so found domiciled in, or a citizen of, Ireland or

(k) the proceeding is an interpleader proceeding relating to property within the jurisdiction; or

(l) the proceeding is for the appointment of an arbitrator or umpire or to remit, set aside or enforce an award in an arbitration held or to be held within the jurisdiction; or

(m) the proceeding is by a mortgagee or mortgagor in relation to a mortgage of personal property situate within the jurisdiction and seeks relief of the nature or kind following, that is to say, sale, delivery of possession by the mortgagor, redemption reconveyance, or delivery of possession by the mortgagee, but does not seek (unless and except so far as is permissible under sub-head (e) of this Rule) any personal judgment or order for payment of any moneys due under the mortgage; or

(n) the proceeding relates to matrimonial or family law, the applicant in the proceeding is domiciled or ordinarily resident within the jurisdiction and jurisdiction in such circumstances or otherwise is permitted by Statute;

(o) the proceedings are pursuant to the terms of the Succession Act 1965 and the deceased, at the time of his death, had a fixed place of abode within the jurisdiction.

In any of the above sub-paragraphs the expression “personal property situate within the jurisdiction” means property which on the death of an owner thereof intestate would form the subject matter of a grant of Letters of Administration to his estate out of the Principal Probate Registry; the expression “mortgage” means a mortgage, charge or lien of any description; the expression “mortgagee” means a person for the time being entitled to or interested in a mortgage; and the expression “mortgagor” means a person for the time being entitled to or interested in property subject to a mortgage.

2. Every application for leave to serve a Civil Bill or notice thereof on a defendant out of Ireland shall be supported by affidavit, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant or person to be served is or probably may be found, and whether such defendant or person sought to be served is or is not a citizen of Ireland, and the grounds upon which the application is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or the Country Registrar that the case is a proper one for service out of Ireland under these Rules.

3. Notwithstanding anything contained in this Order, the parties to any contract may agree:—

(a) that the Court shall have jurisdiction to entertain any proceeding in respect of such contract; and also, or in the alternative,

(b) that service of any document in any such proceeding may be effected at any place within or out of the jurisdiction on any party, or on any person on behalf of any party, or in any manner specified or indicated in such contract. Service of any such document at the place (if any) or on the party, or on the person (if any) or in the manner (if any) specified or indicated in the contract, shall be deemed to be good service wherever the parties are resident, and if no place, or mode or person be so specified or indicated, service out of the jurisdiction of such document may be ordered.

4. In Probate actions service of a Civil Bill, or notice thereof, may by leave of the Court or the County Registrar be allowed out of the jurisdiction.

5. Applications under this Order shall be made before the issue of the document, and the affidavit to ground the same shall, when no proceeding is pending, be entitled as between the parties to the intended proceeding and “In the Matter of the Courts of Justice Acts, 1924-1995”.

6. Any order giving leave to effect service, or to give notice out of the jurisdiction, shall limit a time after such service or notice, within which the person to be served may enter an appearance, and such time shall depend on the place or country where or within which the document is to be served, or the notice given.

7. Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, shall be served upon him.

8. Subject to the provisions of this Order, notice in lieu of service shall be given in the manner in which documents are required by these Rules to be served.

9. Whenever an Order shall be made giving leave to serve a document or notice thereof on a person out of the jurisdiction, a copy of such order shall be served with the document or notice.

10. This order shall apply to all proceedings, however instituted, and to any order or notice therein. Where the person to be served is not a citizen of Ireland, a copy of the originating document (other than a Civil Bill) or of the order or notice shall be served instead of the original, together with an intimation in writing that a proceeding in the form of the copy has been instituted, or an order in the terms of the copy made.

11. Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which, when lands, funds, choses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without purporting to exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings, so that such person shall have an opportunity of claiming, opposing or otherwise intervening.

12. Any person served with a Civil Bill, or notice thereof, may apply to the Court on notice to discharge the order authorising service.

ORDER 14

SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1998

1. Notwithstanding the Rules of Order 13, service of a Civil Bill or notice thereof out of the jurisdiction is permissible without the leave of the Court, if, it complies with the following conditions:

(i) The claim made by the Civil Bill is one which by virtue of the 1998 Act the Court has power to hear and determine; and

(ii) No proceedings between the parties concerning the same cause of action is pending between the parties in another contracting state; and

(iii) either —

(a) the defendant or other person to be served is domiciled in Ireland or in any other contracting state, or

(b) the proceedings commenced by the Civil Bill are proceedings to which the provisions of Article 16 of the 1968 Convention concerning exclusive jurisdiction apply, or

(c) the defendant or other party to be served is a party to an agreement conferring jurisdiction to which the provisions of Article 17 of the 1968 Convention concerning prorogation of jurisdiction apply.

2. Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, is to be served on him.

3. (i) Notwithstanding the provisions of Rules 3, 4 and 5 of Order 11 and save as provided in Rules 8, 9 and 11 of Order 11, service under this Order on an individual shall be effected by personal service or by registered or insured post and service on a corporation or association shall be effected in the manner provided by sub-rule (v) below.

(ii) Personal service shall be effected by delivery of a copy of the Civil Bill or notice thereof on the person to be served.

(iii) Service by registered or insured post shall be effected by delivery to the person to be served of an envelope addressed to such person. At the time of posting an application should be made to the postal authorities for an advice of delivery.

(iv) Where it appears that the person to be served is within the jurisdiction of the state where service is to be effected and that reasonable efforts have been made to effect service in accordance with the foregoing provisions of this Rule, service may be effected by delivery of such copy notice or envelope at the house or residence of the person to be served or at the place where such person carries on any profession, business or occupation, to the wife, husband, child, father, mother, brother or sister of the person to be served, or to any servant or clerk of the person to be served (the person to whom such copy notice or envelope shall be delivered being of the age of sixteen years or upwards).

(v) Service on a corporation or association shall be effected by leaving a copy of the Civil Bill at the place of central management or control of or at the registered or other official, address of the corporation or association, or by delivery by insured post or registered post of an envelope addressed to the corporation or association to its place of central management or control or its registered office or other official address.

(vi) In addition to the above, service may be effected upon a solicitor within the jurisdiction, in accordance with Order 11 Rule 10. Alternatively, service may be effected upon a defendant or his legal representative in any manner which may have been agreed or consented to in writing by the said defendant or his legal representative.

4. Where a Civil Bill or notice thereof is to be served out of the State under Rule 1, the time to be inserted therein within which the person to be served shall enter an appearance shall be—

(i) 35 days where a Civil Bill or notice thereof is to be served in the European territory of another contracting state, or

(ii) 42 days where a Civil Bill or notice thereof is to be served under Rule 1 in any non-European territory of a contracting state.

The time for entering an appearance provided in Order 15 Rule 2 shall be modified accordingly.

5. (i) Where a person served desires to contest the jurisdiction of the Court to hear and determine the claim under the provisions of the 1968 Convention, he may enter an appearance solely for the purpose of contesting jurisdiction.

(ii) Any person who desires to contest jurisdiction shall deliver a Defence stating that he contests the jurisdiction of the Court, under the provisions of the 1968 Convention and shall set out therein the grounds upon which jurisdiction is contested. In such cases the appearance which has been entered shall be deemed for the purposes of Article 18 of the Convention to have been entered solely to contest jurisdiction, notwithstanding any averment in the Defence which may go to the merits of the claim.

(ii) Where a Defence has been delivered in which jurisdiction is contested, any party to the proceedings may apply to the Court on motion on notice grounded upon affidavit for determination of the question of jurisdiction as a preliminary issue, or the matter may be set down for trial. The Judge may determine the question of jurisdiction on affidavit, or may direct the trial of an issue, with or without pleadings, as he may see fit, and may give such direction in relation thereto as he may see fit.

(iii) Any person who desires to contest jurisdiction in proceedings in which there is no provision in the Rules for the delivery of a Defence, shall at the soonest opportunity apply to the Court on fourteen days notice to the other party or parties for an order declining jurisdiction and the Judge may determine the question of jurisdiction on affidavit, or may direct the trial of a preliminary issue, with or without pleadings, or may direct that the question of jurisdiction be determined at the hearing of the substantive matter, as he may see fit, and may give such directions in relation thereto as he may see fit.

6. Where a person served with a Civil Bill outside the State pursuant to Rule 1 hereof has entered an Appearance, the time within which a Defence should be delivered by him shall be 28 days from the date of entry of his Appearance, or where an application has been brought for an Order declining jurisdiction in accordance with Rule 5 above, the time shall be 28 days from the date of determination of the said application, unless the Court shall otherwise order.

ORDER 15

APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND COUNTERCLAIM

1. If a defendant intends to defend a Civil Bill or other proceeding, he shall enter an appearance in the Office in the prescribed form as provided for in Form 5 of the Schedule of Forms annexed hereto. Such form shall be lodged with or sent by post to the County Registrar so as to reach the Office before the expiration of the time limited for appearance, and a copy of such form shall at the same time be lodged with or sent by post to the plaintiff (if he sues in person) or his Solicitor subject to the provisions of Order 5 rule 4 hereof.

2. Save where otherwise provided by these Rules, the time for entering an appearance shall be ten days from the service of the Civil Bill, exclusive of the day of service, or such further time as may be agreed between the parties unless the Court shall otherwise direct.

3. Where no appearance has been entered, within the time allowed, to a Civil Bill, for a defendant who is an infant, or a person of unsound mind not so found by inquisition, the plaintiff shall, before further proceeding with the action against the said defendant, apply in the Office in the manner prescribed in Order 19 of these Rules, for an order that some proper person be assigned guardian ad litem of such defendant by whom he may appear and defend.

4. A defendant who has entered an Appearance as aforesaid shall within the further period of ten days thereafter, deliver to the plaintiff or his Solicitor a notice in writing in these Rules referred to as the Defence which shall be dated and which shall be in accordance with Form 6A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

5. The Defence shall state clearly the grounds upon which the defendant disputes the plaintiff's claim. Subject to the provisions of Order 65 no defence shall be admitted to defeat the claim or any part thereof unless, in the opinion of the Judge, it could fairly have been inferred from the particulars given in the Defence.

6. Every defendant in ejectment proceedings shall be entitled to plead every defence which he may have at law or in equity.

7. A defendant in an action may set off or set up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set off or counterclaim is a claim in damages or not, and such set off or counterclaim shall have the same effect as a cross action, so as to enable the Judge to pronounce a final judgment in the same action, both on the original and on the counterclaim. But the Judge may, on the application of the plaintiff before trial, if in the opinion of the Judge such set off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.

8. With a Defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.

9. (a) This rule shall apply to the Dublin Circuit only. Any Defendant may at the time of entry of an appearance or at any time thereafter being

(i) any date not later than the date of the Notice of Trial or

(ii) at least eight weeks before the hearing date mentioned in the Notice of Trial as may be agreed between the parties,

lodge in Court an amount which he alleges is sufficient to satisfy the plaintiff's claim, and such lodgment may be with an admission or denial of liability. Where there is more than one claim or cause of action the defendant shall state in respect of which of them such lodgment is made.

(b) This rule shall apply to all Circuits other than the Dublin Circuit. Any Defendant may at the time of entry of an appearance or at any time thereafter being

(i) any date not later than the date of the Notice of Trial, or

(ii) at least eight weeks before the day upon which the case is first due to be heard or such shorter period prior to the day upon which the case is first due to be heard as may be agreed between the parties,

lodge in Court an amount which he alleges is sufficient to satisfy the plaintiff's claim, and such lodgment may be with an admission or denial of liability. Where there is more than one claim or cause of action the defendant shall state in respect of which of them such lodgment is made.

10. (a) This rule shall apply to the Dublin Circuit only. A defendant may once, without leave, and upon notice to the plaintiff, lodge in Court an additional sum of money as an increase to a lodgement made under Rule 9a above. Such notice must be given and additional lodgment made

(i) at a date not later than the date of the Notice of Trial or

(ii) at least eight weeks (or such shorter period as is agreed between the parties) before the date for hearing mentioned in the Notice of Trial. If such notice is not given, and such additional lodgment is not made as aforesaid, the lodgment made under Rule 9 shall be deemed to be the only lodgment in Court, and this Order shall be construed accordingly.

(b) This rule shall apply to all Circuits other than the Dublin Circuit. A defendant may once, without leave, and upon notice to the plaintiff, lodge in Court an additional sum of money as an increase to a lodgement made under Rule 9b above. Such notice must be given and additional lodgment made

(i) at a date not later than the date of the Notice of Trial or

(ii) at least eight weeks (or such shorter period as is agreed between the parties) before the day upon which the case is first due to be heard. If such notice is not given, and such additional lodgment is not made as aforesaid, the lodgment made under Rule 9b shall be deemed to be the only lodgment in Court, and this Order shall be construed accordingly.

11. A Defendant making a lodgment under this Order shall intimate such fact by a document other than his Defence and such document shall be kept by the County Registrar in a separate file and neither he nor any other person shall disclose the fact of such lodgment to the Judge until he shall have decided all issues between the parties save the liability for costs. Such document shall be in the form prescribed in the Schedule of Forms attached hereto at Form 6B, and shall be filed in accordance with these Rules and a copy thereof served on the Plaintiff.

12. Save in the case of a lodgment with a defence of tender, the plaintiff may, within ten days after such lodgment as aforesaid, serve notice on the defendant that he accepts the amount lodged, which notice shall operate as a stay of all further proceedings and the settlement of the plaintiff's claim in respect of which the lodgment was made, save as to costs.

If the plaintiff is under a legal disability, then, together with notice of acceptance of the amount lodged, he shall serve a notice of motion on the defendant to have such acceptance approved by the Court, and thereafter no further proceeding in the action shall be taken except by leave of the Judge, and, on the hearing of such notice of motion, the plaintiff may be declared entitled to such costs as the Court may consider just, whether such acceptance is approved or not by the Court.

13. Where the plaintiff, not being under any legal disability, wishes to accept the amount lodged, payment thereof shall be made to the Plaintiff without the necessity for any Decree or Order by the Court, upon the lodgment with the County Registrar of a notice of acceptance of such amount in full satisfaction of the claim in respect of which the lodgment is made, signed by the plaintiff or his solicitor. In addition the plaintiff shall lodge a copy of the notice required in Rule 12, or, when no notice was served within the time specified in Rule 12, a letter from the defendant's solicitor, (or where he has no solicitor, from the defendant) consenting to the late acceptance of the amount lodged.

14. Where the plaintiff, not being under legal disability, accepts a lodgment under this Order, he shall be at liberty, in case his entire claim is thereby satisfied, to tax his costs after the expiration of four days from the service of notice of acceptance, unless the Judge shall otherwise order, and in case of non-payment of the costs within seven days after such taxation, to enter judgment for his costs so taxed.

15. If the Plaintiff, not being under a legal disability, does not accept the total amount lodged within the time named, he shall be liable for all costs thereafter incurred on foot of the claim in respect of which the lodgment was made, unless he obtains judgment for a greater amount than the total amount lodged, exclusive of costs.

16. Save as may be otherwise ordered by the Court, if the Plaintiff does not accept the amount lodged, in accordance with the provisions of these Rules, then, at the termination of the proceedings, all sums lodged shall be repaid to the solicitor on record for the Defendant at the time of such termination or, where there is no solicitor on record for the Defendant at that time, to the Defendant personally.

17. No Defence shall be delivered after the time specified in these Rules, without the leave of the County Registrar save as shall otherwise be agreed between the parties, and no Defence shall be delivered unless defendant has previously entered an Appearance as required by these Rules.

18. Subject to Order 17 of these Rules, no pleading subsequent to Defence, or Defence and Counterclaim, shall be allowed.

19. Notwithstanding anything contained in Rule 16 of this Order a plaintiff, prior to service of notice of trial, may, upon written notice to a defendant, lodge money in Court in answer to a counterclaim, subject to the like conditions as to costs and otherwise as upon lodgment in Court by a defendant.

20. In all actions where a lodgment of money is made pursuant to the provisions of the Rules of this Order the party making such lodgment may by notice to the County Registrar request that the money be placed either on a deposit or on a current account. The party making such lodgment on a deposit account shall be entitled to payment of the interest accruing thereon and such interest shall be paid out to the solicitor for the person who made same or, if there is no solicitor on record for such person, to the person who made same upon the determination of the proceedings subject to any ruling to the contrary which the Court may make. Such interest shall not form part of such lodgment.

21. (1) A party shall be regarded as a qualified party for the purposes of this rule if such party is:

(a) a Minister of Government; or

(b) the Attorney General; or

(c) the Government; or

(d) the State; or

(e) any party in respect of whom the State is providing an indemnity; or

(f) an indemnifier of any party and authorised to carry on business in the State as an insurance undertaking pursuant to the law for the time being in force; or

(g) the Motor Insurers Bureau; or

(h) the Visiting Motor Insurers Bureau.

(2) Where a qualified party is entitled to make or increase a lodgment on his own behalf or on behalf of any other party under the foregoing rules or by order of the Court then such party may, in lieu of lodging any money in Court, make an offer of tender of payment to the other party of parties to the cause or proceedings.

(3) Any tender offer of payment made hereunder shall be deemed to be a lodgment and to have the same effect as a lodgment and all the foregoing provisions of Order 15 shall apply mutatis mutandis to such tender offers as regards time for making and accepting same as they apply to a lodgment.

(4) A tender offer shall be made in accordance with Form Nos. 6B(i) or 6B(ii), as appropriate, and shall state whether liability is admitted or denied and, subject to Rule 11, shall be regarded as part of the pleadings. Notice of acceptance of the tender shall be in accordance with Form No. 6B(iii) and the provisions of Rules 12, 13, 14 shall apply thereto.

(5) In any case in which a tender offer has been accepted, the party having made such offer thereupon being required to pay the sum specified, such sum specified shall be paid within four weeks of the date of receipt of notice of acceptance of same.

(6) Any qualified party who has made a tender offer which has been accepted but who has failed to pay the sum specified in the said tender offer within the time required shall continue to be liable to pay the sum specified together with interest thereon at the rate fixed for judgments of the Court for each month or portion of the month for which the said sum of any part thereof remains unpaid.

(7) Any party or qualified party shall have liberty to apply to the Court in relation to any tender offer or any matter relating thereto and the court may make such order or give such directions thereon as shall appear just and proper.

ORDER 16

SECURITY FOR COSTS

1. When a party shall require security for costs from another party, he shall be at liberty to apply by notice to such party for such security; and in case the latter shall not, within seven days after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for such security by motion on notice grounded upon affidavit; and every such application shall be made before the party seeking the security takes any step save entering an appearance in the cause or matter after his right to such security shall have arisen, unless the Judge shall, under special circumstances, otherwise order.

2. A defendant shall not be entitled to an order compelling the plaintiff to give security for costs solely on the ground that the plaintiff resides outside the jurisdiction of the Court.

3. No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the Court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits.

4. In any action or matter in which security for costs is required, the security shall be of such amount and be given at such time or times, and in such manner and form, as the County Registrar shall direct, subject to an appeal to the Court.

5. Where a bond is to be given as security for costs, it shall, unless the Judge shall otherwise direct, be given to the party or person requiring the security, and not to an Officer of the Court.

ORDER 17

PARTICULARS AND FURTHER PARTICULARS IN CLAIM OR DEFENCE

1. In all proceedings for the recovery of book or shop debts, or other running accounts, the plaintiff shall furnish full particulars of his demand within a reasonable period before, or at the time of, the service of the Civil Bill.

2. A defendant, at any time after service of a Civil Bill upon him and before delivery of a Defence, or a plaintiff at any time after delivery of a Defence or Counterclaim, may apply to the other party by notice in writing for copies of all or any of the accounts or documents upon which the action or Defence or Counterclaim is founded, and such copies shall be delivered within seven days after receipt of such notice on payment of the usual scrivenery charges such request shall be in accordance with Form 7 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

The party delivering such copies shall forthwith, on notice in writing being given, allow the other party to inspect the originals of such accounts or documents as are in his possession or procurement.

3. Any party to a proceeding may also, at the time specified in the last preceding Rule, by notice in writing require the other party to furnish such further information as is reasonably necessary as to any specified matters arising upon the claim in a Civil Bill or upon the Defence and Counterclaim. Such request shall be in accordance with Form 8 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

4. A further and better statement of the nature of the Claim or Defence or Counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered upon such terms as to costs and otherwise, as may be just, and the Judge may order in a case of failure to comply with such order, that the Claim or Counterclaim shall be stayed or dismissed, or the Defence struck out.

5. The party at whose instance particulars have been delivered under an Order of the Court shall, unless the Order otherwise provides, have the same length of time for pleading after the delivery of particulars that he had at the date of the service of the notice of the application. Save as in these Rules provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.

6. If in the opinion of the Court any party has not given sufficient particulars in any pleading, notice, or written proceeding requiring particulars, the Court may disallow to such party all or part of the costs in respect of such pleading, notice, or written proceeding, and, in addition to or in lieu of such disallowance, may award the costs and expenses occasioned by such insufficiency against such party.

ORDER 18

COUNTY REGISTRAR

1. The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.

In particular and without prejudice to the generality of the foregoing and without prejudice to any other provisions of these Rules, the County Registrar may, in accordance with Section 34 (1) and the Second Schedule of the Courts and Court Officers Act 1995 make the following orders:

(i) Any order which may be made as of course.

(ii) Any order for a statement of the names of persons who may be co-partners in any firm suing or being sued in action or matter.

(iii) An order for enlargement of the time for doing any act or taking any step in action or matter.

(iv) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(v) An order for the appointment or the discharge of a receiver in uncontested applications.

(vi) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(vii) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(viii) An order for the taking of evidence on commission.

(ix) An order on an application for directions as to service in case of a civil bill or other originating document not inter partes or as to other procedure in any action or matter.

(x) An order adding or substituting a party in any proceeding.

(xi) An order giving liberty to intervene and appear.

(xii) An order for the amendment of pleadings on consent.

(xiii) An order to receive a consent and make the same a rule of Court where the parties are sui juris.

(xiv) An Order under the Bankers Books Evidence Acts 1879 and 1959.

(xv) An order for payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a judge) for his or her benefit during minority.

(xvi) An order in uncontested cases to have an account taken or inquiry made.

(xvii) An order for the issue, for service outside the jurisdiction of a citation to see proceedings in contentious probate matters.

(xviii) An order for the issue of a citation to lodge in Court a grant of probate or letters of administration in contentious probate matters.

(xix) An order giving liberty to file a supplemental affidavit of scripts.

(xx) An order for the lodgement of scripts by any party.

(xxi) An order appointing a receiver in place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(xxii) A stop order on moneys or securities in Court.

(xxiii) An order for the issue of a sub-poena under Order 39 rule 30 of the Rules of the Superior Courts.

(xxiv) An order to vacate a lis pendens on the application of the person who registered the same.

(xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

(xxvi) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(xxvii) An order giving liberty to issue a new Order of Execution on the loss of the original.

(xxviii) An order for transfer of proceedings to the District Court on consent of the parties, including all ancillary orders for the transfer of monies lodged in Court.

(xxix) An order giving liberty to serve a third party notice on consent of the plaintiff.

2. The County Registrar shall take and make all such accounts and inquiries as may be ordered by the Court, and shall certify the result thereof to the Court on completion and for this purpose he shall have all the powers of the Examiner in the High Court, and he shall issue such citations and subpoenas as are necessary to implement the jurisdiction of the Court.

3. If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit.

4. The County Registrar shall have power to settle all necessary advertisements, and arrange for the insertion thereof in such publications as he shall think right.

5. The County Registrar may summon to attend before him, and may examine on oath any party to any proceeding, or any witness whose attendance in connection with any of the duties or powers conferred upon him by statute, or otherwise, he may deem necessary.

6. The County Registrar shall have power, when directed by the Judge or empowered by these Rules, to tax all Bills of Costs, including costs as between solicitor and client, and shall certify the amount properly due thereon. In every case he shall measure the costs by fixing a reasonable sum in respect of the entire Bill or any particular item therein.

7. Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate, ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he shall think fit.

8. In the absence of any order of the Court, or of a direction or request by a person entitled to make the same, as to the investment of sums of cash paid into Court, the County Registrar shall apply to the Judge for directions as to the investment thereof.

9. In the absence of the Judge the County Registrar shall have power to declare the Court adjourned for such period, or to such date, as may be necessary.

10. The County Registrar in each County may from time to time carry over to a general ledger account for dormant balances the balances of funds to the credit of any ledger account which have not been dealt with for fifteen years or upwards; and he may carry to the credit of the same general ledger account the interest or dividends from time to time accruing upon the balances of funds which have been so carried over. When an order dealing with funds carried over under this Rule is to be acted upon, the County Registrar shall carry back such funds, and any interest or dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.

11. On or before the 31st day of December in every third year the County Registrar shall prepare a list or statement of the accounts in the Office carried over to the general ledger account under the next preceding Rule. The said list or statement shall be filed and exhibited in the Office, and a copy thereof shall be published in Iris Oifigiúil.

ORDER 19

SIDE-BAR APPLICATIONS

1. On lodgment of the appropriate documents and payment of the prescribed fees, application may be made in the Office in accordance with Form 26 of the Schedule of Forms annexed hereto in respect of the following matters, and orders may be made thereon by the County Registrar:—

(i) for the appointment of a guardian ad litem of an infant, or of a person of unsound mind not so found;

(ii) for a plaintiff, lately a minor, to proceed in his own name;

(iii) to proceed, notwithstanding the death of a party, his right surviving;

(iv) to make a conditional order absolute on certificate of no cause;

(v) to deem good the service of a Civil Bill or other originating document under Order 11 Rule 13;

(vi) to allow service of a Civil Bill or other originating document out of the jurisdiction, pursuant to Order 13;

(vii) for the payment out of Court on his attaining his majority of money lodged to the credit of a minor;

(viii) for the correction of clerical errors or errors in the names of parties in any proceedings, whether on consent or not, but subject to re-service when not on consent;

(ix) for the renewal of a Civil Bill or other originating document as provided for in Order 12 hereof;

(x) To proceed against a defendant, lately an infant, he or she having attained his or her full age;

(xi) To proceed by or against a new Attorney General;

(xii) That a party do furnish a rental;

(xiii) That tenants do pay their rents to receiver, sequestrator, guardian or administrator pendente lite;

(xiv) That persons indebted to personal estate do pay the sums due by them to receiver or administrator pendente lite;

(xv) For injunction to Sheriff to put a purchaser into possession in the case of a County Registrar assigned to the Circuit Court offices for the counties of Dublin and Cork;

(xvi) For injunction to Sheriff to put a tenant into possession in the case of a County Registrar assigned to the Circuit Court offices for the counties of Dublin and Cork;

(xvii) To confirm sale absolutely;

(xviii) To receive a consent and make the same a Rule of Court where the parties are sui juris;

(xix) To make a conditional order absolute on a certificate of no cause, and to make an order directing payment of such costs (if any) as were reserved on the making of the conditional order;

(xx) For judgement of ouster on a disclaimer;

(xxi) To proceed compromise off.

ORDER 20

SITTINGS IN CHAMBERS AND INTERLOCUTORY APPLICATIONS

1. Applications which in the opinion of the Judge would be more conveniently and expeditiously disposed of in Chambers than in open Court may be made to and heard by the Judge in Chambers.

2. Applications in connection with any of the matters hereinafter mentioned may be made to the Judge by any party, without notice to any other party, on lodging with the County Registrar a copy of the Civil Bill, an ex parte docket in accordance with Form 27 of the Schedule of Forms annexed hereto and filing an affidavit in support of the application.

The orders for which application may be made under this Rule are as follows:—

(a) the production of any deed;

(b) the appointment of a receiver over lands or other property;

(c) the possession, detention, preservation, or inspection of any property or thing;

(d) security from any person for any moneys in his possession;

(e) enforcing the deposit or payment into Court, pending litigation, of anything mentioned in (c) and (d);

(f) the sale of any goods, wares, or merchandise which may be of a perishable nature, or which the Court may think desirable to have sold at once, and the payment of the price into Court;

(g) the taking of any accounts, or making of any inquiries, or directing or authorising of any other proceeding which the Judge may think proper for the purpose of the action or suit;

(h) liberty to effect service in a special manner or for directions as to service, or to deem good any service already effected;

(i) an ad interim injunction;

(j) a conditional order of garnishee;

(k) the appointment of a receiver by way of equitable execution;

(l) service out of the jurisdiction;

(m) receiving a consent and making the same a rule of Court.

3. The orders which the Judge may make under the last preceding Rule may, save where the said Rule otherwise provides, be either absolute in the first instance, or conditional on no cause being shown to the contrary, and the Judge may in any particular case give such directions as he may think fit, or may order that notice of the application be given to any other party.

ORDER 21

DISCONTINUANCE

1. The plaintiff may, at any time before the receipt of the defendant's Defence, or after the receipt thereof, before taking any other proceeding in the action (save any interlocutory application), by notice in writing wholly discontinue his action against all or any of the defendants, or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn. Such costs shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this order otherwise provided, it shall not be competent for the plaintiff to withdraw or discontinue the action without leave of the Judge, but the Judge may before, or at, or after the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out. The Judge may, in like manner, and with the like discretion as to terms, upon the application of the defendant, order the whole or any part of his alleged grounds of defence or counter-claim to be withdrawn or struck out, but it shall not be competent for a defendant to withdraw his Defence, or any part thereof, without such leave.

2. When an action, matter or proceeding has been entered for trial, it may be withdrawn by either plaintiff or defendant, upon producing to the County Registrar a consent in writing signed by the parties.

3. Any defendant may enter judgment for the costs of the action, if it is wholly discontinued against him, or for the costs occasioned by the matter withdrawn, if the action be not wholly discontinued, in case such respective costs are not paid within four days after taxation.

4. If any subsequent action shall be brought before payment of the costs of a discontinued action, for the same or substantially the same cause of action, the Judge may order a stay of such subsequent action until such costs shall have been paid.

5. The County Registrar shall, on the application of the plaintiff or defendant, as the case may be, tax the costs referred to in the preceding Rules of this Order.

ORDER 22

CHANGE OF PARTIES

1. An action, proceeding or matter, shall not become abated by reason of the death or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or the finding of the issues of fact and the judgment, or between the pronouncement and recording of the judgment or order, but the judgment or order may in such case be entered notwithstanding the death.

2. In case of the death, or bankruptcy, or devolution of estate by operation of law, of any party to an action, proceeding or matter the Judge may, if it be deemed necessary for the complete settlement of the questions involved, order that the personal representative, assignee, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice, and on such terms as the Judge shall think just, and the Judge shall make such order for the disposal of the action, proceeding, or matter, as may be just.

3. In case of an assignment, creation, or devolution of any estate or title pendente lite, the action, proceeding, or matter, may be continued by or against the person to, or upon whom, such estate or title has come or devolved.

4. Where, by reason of the death, or bankruptcy, or any other event occurring after the commencement of an action, proceeding or matter, and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the action, proceeding, or matter, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties, and such new party or parties, may be obtained ex parte on application to the Court upon an allegation of such change or transmission of interest or liability, or of such person interested having come into existence.

5. An order obtained as in the last preceding Rule mentioned shall, unless the Court shall otherwise direct, be served upon the continuing party or parties, or their Solicitors, and also upon each such new party unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to the next two following Rules, be binding on the person served therewith, and every person served therewith who is not already a party to the action, proceeding, or matter, shall be bound to enter an Appearance thereto within the same time, and in the same manner, as if he had been served with the originating document.

6. Where any person who is not under disability, or who although under disability, has a guardian ad litem in the action, proceeding, or matter, shall be served with such order as in Rule 4 of this Order mentioned, such person may apply to the Court to discharge or vary such order at any time within ten days from the service thereof.

7. Where any person being under disability, and not having a guardian ad litem in the action proceeding, or matter, is served with any order as in Rule 4 of this Order mentioned, such person may apply to the Court to discharge or vary such order at any time within ten days from the appointment of a guardian ad litem for such party, and, until such period of ten days shall have expired, such order shall have no force or effect as against such last mentioned person.

8. Where the plaintiff or defendant in action, proceeding, or matter, dies and the cause of action survives but the person entitled to proceed fails to proceed, the defendant (or the person against whom the action, proceeding or matter, may be continued) may apply by motion on notice to compel the plaintiff (or the person entitled to proceed), to proceed within such time as may be ordered; and, in default of such proceeding, judgment may be entered for or an order made in favour of the defendant, or, as the case may be, for or in favour of the person against whom the action, proceeding, or matter, might have been continued.

ORDER 23

EVIDENCE

1. In the absence of any agreement in writing between the Solicitors for all parties, and subject to these Rules and the law of evidence, the witnesses at the trial of any action shall be examined viva voce on oath and in open Court, but the Judge may at any time for such reasons as he thinks right order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Judge may think reasonable, provided that where it appears to the Judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit.

2. Documents put in evidence shall be marked by an officer of the Court and, unless the Judge otherwise directs, shall be returned to the party tendering the same as soon as possible after the hearing.

3. In any action where it shall appear necessary for the purposes of justice, an order may be made for the examination upon oath before the Court, or before any officer in the Office and nominated by the County Registrar, or by the Judge, or before any other suitable person, and at any convenient place, of any witness or person, and the order may empower any party to any such action, proceeding, or matter, to give such examination or deposition in evidence therein on such terms, if any, as the Judge may direct.

ORDER 24

ATTENDANCE OF WITNESSES

1. Any party desiring the attendance of any person to give evidence or produce any books, papers or documents to the Court, or to an officer of the Court, shall apply for, and the County Registrar shall issue, a witness summons requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein. Such summons shall be in accordance with Form 14 of the Schedule of Forms annexed hereto.

2. In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Judge may direct the issue thereof, or otherwise deal with the matter as to him shall seem just.

3. Service of a witness summons shall in all cases be personal or by registered post upon the person named therein unless the Judge or County Registrar shall order otherwise. If it shall appear that the person served was not given reasonable time to enable him to appear in pursuance of the summons, or that his reasonable expenses have not been paid or offered to him, the Judge may set aside or disregard such service.

4. Every witness summons, other than a summons duces tecum, may be directed to, and served upon, more than one person.

5. Any Officer of the Court required to attend with any record or document at any sitting or place outside the County in which he is serving as such officer, shall be entitled to require that the Solicitor or party desiring his attendance shall deposit with him a sufficient sum of money to answer his just charges and expenses in respect of such attendance, and undertake to pay any further just charges and expenses which may not be fully answered by such deposit.

6. If any person having been duly summoned to give evidence or to produce any books, papers or documents in his possession or under his control, which the party requiring his attendance desires to put in evidence, fails without lawful excuse to attend or to give evidence or to produce such books, papers or documents according to the summons, or, unless duly excused, fails to remain in attendance throughout the hearing, the Court, if satisfied that such person has been duly summoned, and that his reasonable expenses have been tendered to him, may attach him for contempt, or may impose upon him a fine for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month.

7. The Court may, on cause shown, remit the whole or any part of any fine or imprisonment which it may have imposed under the last preceding Rule, or may order that the amount of any fine so imposed, or any part thereof, be paid to either party in respect of the costs and expenses of any postponement or adjournment rendered necessary by the default of such witness as aforesaid.

ORDER 25

AFFIDAVITS

1. All affidavits shall be made before the County Registrar, or a Commissioner to administer oaths for the High Court, or a practising solicitor or, where the person making an affidavit resides outside Ireland, or is for the time being thereout, before any person duly authorised to administer oaths in the country where such person ordinarily resides or is.

2. All affidavits shall be written or printed book-wise; shall be expressed in the first person of the deponent; shall be drawn up in numbered paragraphs; and shall be entitled in the action or matter in which they are sworn.

3. All affidavits shall state the deponent's occupation and place of residence, and if the deponent shall be over eighteen years of age he shall so state, and if under such age shall state his exact age. All affidavits shall be confined to such facts as the deponent is able to prove of his own knowledge, and shall state his means of knowledge thereof, except on interlocutory motions, on which statements by the deponent as to his belief, with the grounds thereof, may be admitted.

4. No affidavit shall be sufficient if sworn before the Solicitor acting for the party on whose behalf the affidavit is to be used, or before the partner, agent, correspondent or clerk of such Solicitor, or before the party himself.

5. Every person taking an affidavit, a declaration, or the acknowledgment of any deed or recognizance—

(a) shall express the date upon which and the place where he takes such affidavit, declaration or acknowledgment; otherwise the same shall not be held authentic nor be admitted to be filed without the leave of the Judge;

(b) shall certify in the jurat either that he himself knows the deponent, or knows some person named in the jurat who certifies his knowledge of the deponent;

(c) shall certify therein, when such affidavit, declaration, acknowledgment or recognizance is sworn or made by any person who appears to be illiterate or blind, that such affidavit, declaration, acknowledgment or recognizance was read in his presence to the deponent, that the deponent appeared to understand it, and that the deponent made his signature or mark in his presence. No such affidavit, declaration, acknowledgment or recognizance shall be used in evidence in the absence of this certificate unless the Judge is otherwise satisfied that the same was read over to, and appeared to be understood by the deponent.

6. There shall be on every affidavit a footnote showing on whose behalf it is filed, and the person by whom it is filed and his address, and no affidavit shall be filed or used without such note unless the Judge shall otherwise direct.

7. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure, shall without leave of the Judge be filed, read, or made use of in any proceeding pending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the person taking the affidavit, nor in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the person taking it.

8. The Judge may receive any affidavit sworn for the purpose of being used in any action or matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and in that event direct a memorandum to be made on the document that it has been so received.

9. Before any affidavit is used it shall be filed in the Office, but this Rule shall not hinder the Judge from making an order upon the undertaking of the applicant or his Solicitor to file any affidavit sworn before the making of such order, or permitted by the Judge to be made after such order, provided that the Judge may stay the issue of such order until such affidavit shall have been filed.

10. Every affidavit which is filed shall have endorsed thereon by the County Registrar a memorandum of the date on which the same was filed, and when so endorsed it shall be taken for all purposes to have been duly filed on the date so endorsed thereon.

11. Where a special time is limited for delivering or filing affidavits, no affidavit delivered or filed after that time shall be used unless by leave of the Judge.

12. Every alteration in an account verified by affidavit shall be marked with the initials of the person before whom the affidavit is sworn, and such alteration shall not be made by erasure.

13. Documents identified by or referred to in an affidavit shall not be annexed thereto, but shall be referred to therein as exhibits.

14. Every certificate on an exhibit referred to in an affidavit signed by the person before whom the affidavit is sworn shall be marked with the short title of the action or matter.

15. (1) Affidavits or declarations of service shall state when, where, and how, and by whom, such service was effected, and, in the case of delivery to any person, shall (subject to Order 11, Rule 7) state that the deponent was at the time of such delivery acquainted with the appearance of such person;

(2) Affidavits or declarations of service of a Civil Bill in actions for the recovery of land for non-payment of rent or for overholding shall state that the deponent or declarant does not know of any person other than those who have been served who is in the actual possession of the land sought to be recovered, or any part thereof, as tenant or undertenant;

(3) Affidavits or declarations of service of a Civil Bill in other actions for the recovery of land shall state that the deponent or declarant does not know of and does not believe that there is any person other than those who have been served in the actual possession, or in the receipt of the rents and profits of the lands sought to be recovered, or any part thereof. Such statement shall be verified by the affidavit of the Solicitor for the plaintiff, or of one of the persons by whom he was instructed to institute the proceedings, or if the plaintiff is not represented by a Solicitor, by the affidavit of the plaintiff.

16. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or which shall contain argumentative matter, or which shall be prolix, shall be borne by the party filing the same.

ORDER 26

JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY OF GOODS AND CHATTELS

1. Where the plaintiffs claim in a Civil Bill is for a debt, or liquidated demand, or for the delivery of specific goods or chattels, and a defendant has not entered an Appearance within time limited in the Civil Bill, or, having entered an Appearance, has not delivered a Defence within the time limited by these Rules, the plaintiff may, in default of such Appearance or Defence, as the case may be, apply in the Office for judgment to be entered against such defendant. In any such cases in which the defendant shall, after action brought, have satisfied the plaintiff's claim (save as to costs), the plaintiff may apply in the Office for judgment for the costs applicable to the plaintiff's claim. The application for such judgment shall be supported by the documents mentioned in Rules 2 and 3 of this Order with such alterations and additions thereto as may be appropriate and shall be in accordance with Forms 9 and 10 of the Schedule of Forms annexed hereto.

2. An application under the provisions of Rule 1 of this Order shall be supported by:—

(a) the sealed Civil Bill with endorsement of service thereon in accordance with these Rules;

(b) an affidavit or statutory declaration of service of the Civil Bill, or of service of notice thereof, as the case may be; and

(c) if the application be for judgment in default of Appearance, a certificate by the County Registrar that no Appearance has been entered, or if the application be for judgment in default of Defence, an affidavit by the plaintiff or solicitor for the Plaintiff verifying that an Appearance has been entered but that a Defence has not been delivered.

(d) an affidavit verifying the plaintiff's claim made by the plaintiff, or by some other person on his behalf who can swear positively to the facts; and

(e) a certificate by the plaintiff where he sues in person, or, where he does not, then by his Solicitor, specifying the amount then actually due, or certifying that the goods or chattels in respect of which the judgment is sought are still withheld by the defendant as the case may be, and, in the case of judgment in default of Defence, that no Defence has been served.

3. Where the claim is by the Minister of a Government Department, or the Land Commission, or the Commissioners of Public Works, the same may be verified, and the sum then actually due, or the fact that the goods are still withheld, as the case may be, may be proved by any certificate under seal which is by statute made evidence of the matters therein certified instead of by affidavit as is provided in the last preceding Rule.

4. The affidavit verifying the plaintiff's claim specified in Rule 2(d) shall be sworn, and the certificate specified in Rule 2(e) shall be given, within the period of twenty-eight days next preceding the date of the application for judgment, otherwise same shall not be sufficient.

5. On lodgment in the Office of the documents specified in Rules 2 and 3, together with a duly stamped request for judgment in accordance with the appropriate form in the Schedule of Forms, judgment may be entered in the Office for the sum so certified to be then actually due, or for the amount claimed in the Civil Bill, whichever be the less, or for the delivery of the goods or chattels, as the case may be, together with costs according to the appropriate scale. Where the claim has been satisfied (save as to costs), judgment may be entered in the Office for costs only.

6. Where there are two or more defendants, and any one has made default in entering an Appearance, or delivering a Defence, as the case may be, the plaintiff may, in accordance with the provisions of this Order, have judgment against such defendant entered in the Office, and may issue execution against such defendant without prejudice to his right to proceed with the action against any other defendant who may have entered an Appearance or delivered a Defence, as the case may be.

7. Reasonable costs as determined by the Court or the County Registrar shall be allowed in cases of judgment by default.

8. No judgment may be entered under this Order against any party who has been served with a Civil Bill outside the State under Order 13.

9. Every Affidavit used for the purpose of grounding an Application for Judgment in default under Order 26 shall contain averments as to whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

ORDER 27

JUDGMENT BY DEFAULT IN CASES NOT COMING WITHIN THE PRECEDING ORDER

1. (i) In any case in which the plaintiff is not entitled under the provisions of the preceding Order to apply for judgment, and a defendant has made default in entering an appearance or delivering a Defence, as the case may be, the plaintiff may, subject to the provisions of the following Sub-Rules of this Rule, at any time after such default, on notice to be served on such defendant, not less than four clear days before the hearing apply to the Court for judgment which said applications shall be made in accordance with Forms 9 and 10 of the Schedule of Forms annexed hereto.

(ii) Except as provided in Sub-Rule (v) hereof, no notice of motion for Judgment in default of a defence in actions claiming unliquidated damages in tort or contract may be served unless the plaintiff has at least fourteen days prior to the service of such notice written to the defendant giving him notice of his intention to serve a notice of motion for Judgment and at the same time consenting to the late delivery of a defence within fourteen days from the date of the letter.

(iii) If no defence is delivered within the said period the plaintiff shall be at liberty to serve a notice of motion for Judgment in default of defence which shall be returnable to a date not less than fourteen clear days from the date of the service of the notice, such notice of motion to be filed not later than six days before the return date.

(iv) If, not later than seven days after the service of such notice of motion for Judgment, the defendant delivers a defence to the plaintiff and not less than six days before the return date lodges a copy thereof in the Office of the County Registrar with a certified copy of the notice of motion attached thereto, the said motion for Judgment shall not be put in the Judge's list but shall stand struck out and the defendant shall pay to the plaintiff the such sum in respect of his costs of the said motion for Judgment as may be determined by the County Registrar from time to time.

(v) If, in any case the plaintiff can establish special reasons for making it necessary to serve a notice of motion for Judgment in default of defence in the cases provided for by this Rule with greater urgency than in accordance with the provisions hereinbefore contained, he may apply ex parte to the Court for an Order giving him liberty to serve a notice of motion for Judgment in default of Defence giving not less than four clear days' notice to the defendant, or in the alternative the Judge may deem good the service of a notice of motion giving not less than four clear days' notice to the Defendant.

2. Upon the hearing of such application the Judge may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the plaintiff's claim endorsed upon the Civil Bill, or may give leave to the defendant to defend the whole or part of the claim upon such terms as he may consider just.

3. Upon the hearing of an application for judgment under this Order the Judge or County Registrar may make such Order as to costs as he may consider just.

4. (a) Where an application is brought under this Order for Judgment in default of Appearance or Defence against a party who has been served with a Civil Bill or originating document outside the State under the provisions of Order 13, such application shall be supported by an affidavit stating that in the deponent's belief:

(i) each claim made is one which by virtue of the 1998 Act the Court has power to hear and determine;

(ii) the Courts of no other State have exclusive jurisdiction within the meaning of the 1968 Convention to hear and determine such claim;

(iii) the defendant or respondent has been served with or has otherwise been able to receive a Civil Bill or originating document or notice thereof in sufficient time to enable him to arrange his defence, or that all necessary step have been taken to that end, as required by Article 20 the 1968 Convention.

(b) Notice of the said application, together with a copy of the affidavit grounding the same, shall be served on the Defendant not less than 10 days before the hearing of the same.

5. Every Affidavit used for the purpose of grounding an Applicable for Judgment in default under Order 27 shall contain averments as whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

ORDER 28

SUMMARY JUDGMENT

1. Where the plaintiff's claim in a Civil Bill is:—

(a) for a debt or liquidated demand in money, or

(b) for the delivery of a chattel or specific goods in an action for detinue, or

(c) for the enforcement, performance or carrying out of a trust, or

(d) for ejectment, with or without a claim for rent or mesne profits,

and a defendant has entered an Appearance or has delivered a Defence, the plaintiff may apply to the Court for summary judgment against such defendant in accordance with the provisions of this Order.

2. This Order shall apply to all actions of ejectment whether or not the relationship of landlord and tenant has ever existed between the parties, and whether or not the Civil Bill is brought specifically upon the title.

3. An application for summary judgment under this Order shall be made by Motion on notice in accordance with Form 11 of the Schedule of Forms annexed hereto to be served upon the defendant not less than four clear days before the hearing thereof. Such application shall be supported by an affidavit made by the plaintiff, or by some other person on his behalf who can swear positively to the facts verifying the plaintiff's claim, and stating that in the deponent's belief the defendant has not a bona fide defence to the plaintiff's claim, and that the Appearance has been entered and the Defence (if any) has been delivered solely for the purpose of delay. Such affidavit, which shall be in accordance with Form 12 of the Schedule of Forms annexed hereto shall be served upon the defendant with the Motion.

4. Upon the hearing of such application no party shall have the right to adduce any evidence otherwise than by affidavit, and the plaintiff shall be limited to the affidavit specified in Rule 3 of this Order; provided always that the Judge may require or permit any party to produce further evidence. Such further evidence may be given orally or on affidavit as the Judge may require or permit.

5. Upon the hearing of such application judgment may be ordered to be entered for the plaintiff unless the defendant:—

(a) satisfies the Judge that prima facie he has a good defence to the plaintiff's claim, or

(b) pays into Court to abide the result of the action such sum as may be deemed sufficient to entitle him to defend.

6. Except in actions for the recovery of land for non-payment of rent, if it appears that the defence set up by the defendant applies only to a part of the plaintiff's claim, or that any part of his claim is admitted, the plaintiff shall have judgment for such part of his claim as the defence does not apply to or as is admitted, subject to such terms, if any, as to staying execution, the payment of costs, or otherwise as the Judge may order; and the defendant may be allowed to defend as to the residue of the plaintiff's claim.

7. Where the Judge does not order judgment to be entered for the plaintiff he may:—

(a) dismiss the application, or

(b) give the defendant leave to defend unconditionally, or subject to such terms as to giving security, or as to the time and mode of trial, or otherwise, as he may think fit, or

(c) with the consent of all the parties, treat the hearing of the application as the trial of the action, and dispose of the same in a summary manner.

8. If it appears to the Judge that any defendant ought to be allowed to defend the action, and that any other defendant ought not be allowed to defend, the former may be allowed to defend, and the Judge may order judgment to be entered for the plaintiff against the latter, and the plaintiff issue execution upon such judgment without prejudice to his right to proceed with the action against the former.

9. Upon the hearing of an application for summary judgment the Judge may make such order as to costs as he may consider just.

10. Every Affidavit used for the purpose of grounding an Application for Summary Judgment under Order 28 shall contain averments as to whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

ORDER 29

JUDGMENT BY CONSENT IN THE OFFICE

1. A defendant may, in accordance with the provisions of this Order, at any stage of the proceedings, consent to judgment being entered against him. In all cases other than those for which provision is made by the following rules of this Order judgment by consent shall be entered only by order of the Court.

2. Judgment by consent without reference to the Court may be entered in the Office only where:—

(a) all the parties to the consent are sui juris, and

(b) the consent is to judgment for ejectment, rent, mesne profits, debt, damages for breach of contract or in tort, or for the delivery of specific goods or chattels, and

(c) the consent is to judgment upon the plaintiff's claim without terms or conditions as to stay of execution or payment by instalments.

3. A consent may be to judgment determining only the issue of the defendant's liability upon the plaintiff's claim, or part thereof, and reserving the right to have all other issues and matters determined by the Court.

4. No consent to judgment shall be sufficient unless it is in writing, and signed by the defendant so consenting, and by a Solicitor, if represented by a Solicitor. On lodgment in the Office of such consent, which shall be accordance with Form 4 of the Schedule of Forms annexed hereto, together with an affidavit verifying the execution thereof by the consenting defendant, judgment may be entered in the Office against such defendant in the terms of the consent without reference to the Court.

5. Where the plaintiff's Civil Bill includes claims in respect of two or more separate or distinct causes of action a defendant may, in accordance with the provisions of this Order, consent to judgment in respect of any one claim, and appear and defend in respect of any other.

6. Where the plaintiff's Civil Bill includes a claim for a debt or liquidated demand in money, or for the delivery of specific goods or chattels, a defendant may in accordance with the provisions of this Order, consent to judgment in respect of portion of such debt, demand or goods, as the case may be, and appear and defend as to the remainder.

7. The County Registrar may in any case refuse to enter judgment by consent in the Office, and in any such case he shall refer the matter to the Court.

8. The provisions of this Order shall, with the necessary modifications, apply to counterclaims.

ORDER 30

REVIEW OF JUDGMENTS

1. Any party against whom a judgment in default of appearance or defence has been given may, not later than ten days after he has knowledge thereof, serve a notice of motion in accordance with Form 13 of the Schedule of Forms annexed hereto to vary or set aside the said judgment, but service of the notice of motion shall not operate as a stay of proceedings in the action save with the leave of the Court and upon such directions as to the Court shall seem appropriate. In cases of urgency, applications for a stay may be made in accordance with the terms of Order 1 rule 5 of these Rules.

2. Every such notice shall set forth clearly and briefly the reasons why the party applying did not enter an appearance or did not deliver a defence, as the case may be, the nature of the fraud, misrepresentation, surprise or mistake relied upon, and the grounds of defence to the action in which the said judgment was given.

3. Save where the Court shall otherwise direct, no such motion shall be heard until the party applying has complied with the directions of the Court (if any) including any directions relating to the lodgment in Court of such sums, either in respect of the judgment debt itself, the costs awarded against him by such judgment, and such further sum, if any, as security for costs of the motion as the Judge shall consider just.

4. The Judge may, on the hearing of any such motion, vary or set aside the judgment in question, upon such terms as to costs or otherwise, including lodgment in Court of the amount of such judgment, or any part thereof, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action, proceeding or matter. The Judge may also make such order as he may consider just in regard to moneys paid into Court by the defendant.

ORDER 31

ADMISSIONS

1. Any party may call upon any other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is certified by the Judge to have been a saving of expense.

2. Any party may, by notice in writing, at any time not later than ten days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within seven days after service of such notice, or within such further time as may be allowed by the Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Judge certifies that the refusal to admit was reasonable, or unless the Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. Provided also that the Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just; and provided further that all such costs and expenses as in the opinion of the Judge have been caused by the omission of any party to serve such notice as aforesaid shall, whatever the result of the cause, matter, or issue may be, unless the Judge shall otherwise order, be paid by the party omitting to serve such notice.

3. Any admissions, if not made during the hearing, shall be in writing, and shall be signed by the party making the same, or by his Solicitor.

ORDER 32

DISCOVERY AND INSPECTION OF DOCUMENTS AND INTERROGATORIES

1. Where a request in writing for voluntary discovery has been made at least fourteen days prior to the issuing of the notice of motion and no agreement in writing to make discovery in the terms requested has been received within such period, any party may apply to the Court or to the County Registrar by notice of motion to be served not less than four clear days before the hearing thereof, for an order directing any other party to any proceeding to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Judge may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the proceeding, or make such order on such terms as to the security for the costs of discovery or otherwise, and either generally or limited to certain classes of documents, as he may think fit. Such affidavit of documents shall be in accordance with Form 31 of the Schedule of Forms annexed hereto.

2. The affidavit to be made by a party against whom such order as is mentioned in the last preceding Rule has been made shall specify which, if any, of the documents therein mentioned he objects to produce and it shall be in the form in the Schedule of Forms hereto with such variations as circumstance may require.

3. It shall be lawful for the Judge at any time during the pendency of any cause or matter to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Judge shall think right; and the Judge may deal with such documents, when produced, in such manner as he shall think just.

4. Every party to a cause or matter shall be entitled at any time by notice in writing, to give notice to any party, in whose pleading or affidavit reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his Solicitor, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf, unless he satisfy the Judge that such document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse, which the Judge shall deem sufficient for not complying with such notice; in which case the Judge may allow the same to be put in evidence on such terms as to costs and otherwise as he shall think fit.

5. If the parties served with notice under Rule 4 omit to give notice of a time for inspection, or object to give inspection, the Judge or the County Registrar may, on the application of the party desiring it, make an order for inspection at such time and in such place and in such manner as he thinks right. Such application shall be made by motion on notice to be served not later than four clear days before the hearing thereof and founded upon an affidavit showing of what documents inspection is sought and that they are in the possession or power of the other party.

6. If any party fails to comply with any order for discovery or inspection of documents, he shall be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended.

7. In every cause or matter, the costs of discovery shall, unless otherwise ordered by the Judge, be allowed, as part of the costs of the party seeking discovery, either as between party and party or solicitor and client, where, and only where, such discovery shall be certified by the Judge.

8. This Order shall apply to infant plaintiffs and defendants, and to their next friends and guardians ad litem.

9. Any person not a party to the cause or action before the Court who appears to the Court or to the County Registrar to be likely to have or to have had in his possession custody or power any documents which are relevant to an issue arising or likely to arise out of the cause or action or is or is likely to be in a position to give evidence relevant to any such issue may by leave of the Court or the County Registrar upon the application of any party to the said cause or action be directed by order of the Court or the County Registrar to answer such interrogatories or to make discovery of such documents or to permit inspection of such documents provided that, in advance of the issuing of such notice of motion, such discovery shall be requested to be made voluntarily in accordance with the provisions of Rule 1 hereof, the request for voluntary discovery being made to the person against whom discovery is sought and the other parties to the proceedings. The provisions of this Order shall apply mutatis mutandis as if the said Order of the Court or the County Registrar had been directed to a party to the said cause or action provided always that the party seeking such order shall indemnify such person in respect of all costs thereby reasonably incurred by such person and such costs borne by the said party shall be deemed to be costs of that party in the proceedings.

ORDER 33

TRIAL

1. When a Defence has been duly entered, the plaintiff may, after the service thereof, serve notice of trial or a notice for the fixing of a date for trial, as directed by the County Registrar in accordance with Forms 15A and 15B of the Schedule of Forms annexed hereto.

2. This Rule shall not apply to the Dublin Circuit. Not less than ten days notice of trial shall be served upon the defendant and all other necessary parties, save that the parties shall be at liberty to agree that a shorter notice period shall apply and shall be for the Sittings next ensuing after the expiration of the time mentioned in the said notice, and same shall be filed at the Office not later than seven days before the opening of such Sittings. Such notice of trial and filing thereof shall operate to set down the action or matter (including a counterclaim if any) for hearing at the said next ensuing Sittings.

3. This Rule shall apply only to the Dublin Circuit. Ten days' notice of trial, as directed by the County Registrar in accordance with Forms 15A and 15B of the Schedule of Forms annexed hereto, shall be necessary and sufficient, and shall be served upon the defendant and all other necessary parties, and filed at the Office, save that the parties shall be at liberty to agree that a shorter notice period shall apply. Such notice of trial and filing thereof shall operate to set down the action or matter (including a counterclaim if any) for hearing upon the date of trial set out in the notice of trial or upon any day after the expiration of the date mentioned in such notice upon which the trial may come on in its order in the list or upon such date as may be fixed by the Court or the County Registrar following the service of a Notice.

4. Where the plaintiff has failed to serve notice of trial within ten days after the delivery of the Defence the defendant may do so and may file the same in accordance with these Rules.

5. If the plaintiff, in any action other than a probate action, does not within ten days after the delivery of the Defence serve notice of trial, the defendant may, in lieu of serving notice of trial in accordance with the preceding Rule, apply to the Court to dismiss the action for want of prosecution, and on the hearing of such application the judge may order the action to be dismissed accordingly, and may make such other order, and on such terms, as to him may seem just.

6. The Judge, if he considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as he shall deem just.

7. A counterclaim may be proceeded with separately, and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed.

8. In any proceeding, a witness who is not a party may be ordered by the Judge to leave the Court until his evidence is required, or after his evidence has been given, or to remain in Court after his evidence has been given until the trial is terminated or adjourned.

9. Judgment may be given for one or more plaintiffs, and against or in favour of one or more defendants.

10. The Judge may, if he think it expedient in the interests of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he shall think fit.

11. If, when a case is called in Court, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim so far as the burden of proof lies upon him.

12. If, when a case is called in Court, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him.

13. The Judge on pronouncing any judgment or making any order (or at any subsequent time on notice being given to the opposite party), may order the time or times when, and by what instalments, the debt or damages and costs of the judgment, or the amount stated in the order and the costs shall be paid, provided that if such order for instalments shall be made on pronouncing any judgment or making any order, no order for execution shall issue against the defendant until after default of payment of some instalment according to such order. The Judge may also stay execution on foot of any decree or order for such period and on such terms as he shall think just. Such decrees, dismisses, instalment orders or stays shall be in accordance with Forms 16, 17, 18 and 19 of the Schedule of Forms annexed hereto.

ORDER 34

ORDER AS TO TRIAL OF SEPARATE ISSUES

1. If it appears to the Judge that there is in any cause or matter a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, the Judge may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

2. The Judge may in any cause or matter, at any time or from time to time, order that different questions of fact arising therein be tried by different modes of trial, or that one or more questions of fact be tried before the others.

ORDER 35

TRANSFER OF ACTIONS

1. Whenever the High Court shall transfer any action or proceeding to the Court, the plaintiff shall lodge with the County Registrar, within fourteen days from the date of the order for transfer, the summons and all pleadings, orders, and all documents already delivered or made, and thenceforward the action or proceeding shall be taken and heard in the Court as if it had been originally commenced therein, and the costs of the action or proceeding up to the date of the order for transfer shall be determined by the Judge unless the order of transfer shall otherwise direct.

2. Where in any case of transfer in the last preceding rule mentioned, the plaintiff shall have omitted or refused to lodge the documents in the said rule prescribed, the defendant may, at any time after the time limited in the said rule, lodge the said documents or a certified copy of the order for transfer, and copies of the other documents verified by affidavit, and thereupon the action shall proceed as in the last preceding rule prescribed.

3. The party lodging the said documents as in the last two preceding rules provided, shall within fourteen days of such lodgment, file and serve on the other party a notice that the said documents have been lodged with the County Registrar.

4. When any action or proceeding shall be sent forward or transferred to the High Court from the Court, the County Registrar shall transmit to the proper Officer of the High Court the file in the action or proceeding.

5. In any case where the defendant has not delivered a Defence before the transfer of the action, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of service of the notice provided by Rule 3 of this Order. Where the defendant has, as provided by Rule 2 of this Order, lodged the documents with the County Registrar, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of such lodgment.

ORDER 36

EXECUTION

1. Any judgment or order for the payment of money shall be enforced at the request of the party prosecuting such judgment or order by an execution order issued under the Seal of the Court in Form 20 of the Schedule of Forms annexed hereto.

2. Any judgment or order for the recovery of or for the delivery of possession of land, whether made in an action of ejectment or in any other action or matter, may be enforced by an order for possession issued under the Seal of the Court in Form 23 of the Schedule of Forms annexed hereto.

3. When, in any proceeding other than an ejectment, an order is made for the recovery of or the delivery of possession of land to any person, an execution order for possession shall not be issued by the County Registrar without evidence (by affidavit or declaration) of service of the order and disobedience thereto.

4. A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything may be enforced by an execution order by way of attachment or committal.

5. Any judgment or order against a corporation wilfully disobeyed may, by leave of the judge, be enforced by an execution order by way of attachment or committal against the directors or other officers thereof, or any of them.

6. Where a judgment or order is for the recovery of any property other than money or land, the Judge may order, upon the motion of the plaintiff or other person entitled to prosecute such judgment or order, that in default of delivery an execution order shall issue for the delivery of the property without giving the defendant the option of retaining the same upon payment of the value assessed, if any, and that if the property cannot be found, and unless the Judge otherwise orders, distraint shall be made on all the goods, chattels and lands of the defendant until the property has been delivered, or, at the option of the plaintiff, that the Sheriff or Court Messenger shall cause to be levied on the defendant's goods the assessed value, if any, of the property. Such execution orders shall be in accordance with Forms 21 and 22 of the Schedule of Forms annexed hereto.

7. If any difficulty arises in or about the execution or enforcement of any judgment or order other than a judgment or order for the recovery or payment of money, any party interested may apply to the Court, and the Judge may make such order thereon for the attendance and examination of any party or otherwise as he may think just.

8. Where a judgment or order is against a firm, execution may issue:

(a) against any property of the partnership within the jurisdiction;

(b) against any person who has appeared in his own name under Rule 4 of Order 8 and has failed to deliver a defence, or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner.

If the person who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court on notice to such last-named person for leave so to do; and the Judge may give such leave if the liability be not disputed, or, if such liability be disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in any action may be tried and determined. Except as against any property of the partnership, a judgment against a firm shall not render liable, or otherwise affect any member thereof who was out of the jurisdiction when the Civil Bill was issued, and who has not entered an appearance unless he has been made a party to the action under Order 6, or has been served within the jurisdiction after the Civil Bill was issued.

9. Every decree of the Court, and every judgment in default of appearance or defence, shall be in full force and effect for a period of twelve years from the date thereof, and an execution order based on any such decree or judgment may be issued in the Office within the said period, but not after the expiration of six years from the date of such decree or judgment without leave of the Court. An application for such leave shall be made by motion on notice to the party sought to be made liable.

10. If, at any time during the period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties entitled or liable to execution, the party claiming to be so entitled may apply to the Court on notice for leave to issue execution, and the original decree or judgment may be amended so as to give effect to any order made by the Court on the application.

11. Every order of the Court in any cause may be enforced in the same manner as a judgment to the same effect.

12. An order for execution if unsatisfied shall remain in force for one year only from and exclusive of the date of its issue.

13. An execution order may, on the application of the party entitled thereto, be renewed in the Office at any time during the currency of the decree or judgment in respect of which it was originally issued for the period of not more than one year from the date of such renewal, provided that the said decree or judgment be in full force and effect for the period for which the said execution order is so renewed. The fact of the renewal of any such order shall be indorsed thereon and the order shall be re-sealed. An order for execution so renewed shall have effect and be entitled to priority according to the time marked thereon as the date of its original issue.

14. A person seeking renewal of an order for execution shall make and file an affidavit averring that he is entitled to such renewal and setting out all credits, if any, to which the person liable to such execution is entitled and, where the judgment, decree or order sought to be enforced is for payment of money, the amount then due on foot thereof.

15. Where an execution order has been destroyed or lost the party entitled to execution may apply to the Court or County Registrar for a re-issue of the said order, and thereupon the Judge or County Registrar may order such re-issue.

16. Where any change has taken place by death, assignment, or otherwise, in the parties entitled or liable to execution, and a party alleges himself to be entitled by reason of one and the same change or other cause to enforce the judgments or orders in more actions or matters than one, or to enforce a judgment or order against more persons than one, he may make one application for leave to issue the necessary process in all or any of such actions or matters, or against all or any of such persons, specifying in a schedule to such application all the actions or matters in respect of which such application is made, and one order only may be made on such application in respect of all or any of such actions or matters, or all or any of such persons, and, in serving notice of any such order on any person affected thereby it shall be sufficient to set forth such part only of the order as affects such person without setting forth the rest of such order.

17. Every order for execution shall be endorsed with the name and place of business of the Solicitor actually suing out the same, and, if no Solicitor shall be employed to sue out the order, then it shall be indorsed with a memorandum expressing that the same has been sued out by the party in person, mentioning the place of residence and postal address of such party.

18. No execution order shall be issued until the party desirous of issuing the same, or his Solicitor, shall have lodged a requisition therefor, giving the title of the proceedings, the date of the judgment, and of the order (if any) giving leave to issue execution, and the names and description of the parties against whom, or of the firm against whose goods the execution order is to be issued.

19. Every execution order for the recovery of money shall contain a direction to the Sheriff to levy the money due and payable, and sought to be recovered under the judgment or order of the Court, stating the amount so as to distinguish any sum stated to have been paid and that remaining due, and the costs awarded, and the amount of the costs for issuing the execution order, and also to levy interest on the money due and payable, if sought to be recovered, at such rate as may from time to time be determined from the time when the judgment or order of the Court was entered or made, unless the judgment or order of the Court otherwise directs.

20. Orders for execution against goods may be issued concurrently in more than one County, provided that the costs of more than one order on foot of the same judgment shall not be allowed against the execution debtor unless by order of the Judge.

21. Where a notice of motion for committal has been served, or an order of committal has been made against a debtor, and is outstanding, an order for execution against the goods of the debtor shall not be issued in the same proceeding except by leave of the Judge, and on such terms as he may impose.

22. An order for execution may at any time, on payment of the prescribed fees payable to the Sheriff, be withdrawn or suspended by notice to the Sheriff by the party or person who has sued out the same.

23. Whenever any money is levied or paid to a Court Messenger under any execution order or other process, the Court Messenger shall give a receipt for the same in accordance with the form prescribed in the Schedule of Forms annexed hereto at Form 24.

24. The plaintiff or other party applying for execution may obtain separate execution orders for the relief granted under any decree or order and for the costs thereof.

25. Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment or order, within which the act is to be done, and upon the copy of the judgment or order which shall be served upon the person required to obey the same there shall be endorsed a memorandum in the words or to the effect following, viz.:—

“If you, the within-named A.B., neglect to obey this judgment (or order) by the time herein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey the said judgment (or order).”

26. If a mandatory order, injunction, or judgment for the specific performance of any contract be not complied with, the Judge, in addition to or in lieu of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done, so far as practicable, by the party by whom the judgment or order has been obtained, or by some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Judge may direct, and execution may issue for the amount so ascertained, and for such sum, if any, for costs as the Judge may award.

27. On every execution order there shall be printed, either at the foot or on the back thereof, a true copy of the schedule of fees payable to the Sheriff for execution, in accordance with any order for the time being in force with regard to the execution orders of the Court.

ORDER 37

ATTACHMENT AND COMMITTAL

1. If the person bound by any order of the Court, other than a judgment for the payment of money, fails to comply with its terms, the party entitled to the benefit of such order may serve a notice requiring the person so bound to attend the Court on a day and at an hour to be named in such notice to show cause why he should not be committed for his contempt in neglecting to obey such order. The said notice shall be served personally in all cases unless the Court for good cause shall order otherwise. Furthermore, prior to the service of the said notice, a copy of the Court Order in respect of which obedience is sought, shall be personally served upon the party against whom the Order was made with a penal endorsement thereon.

2. No order of attachment shall be issued without the leave of the Court, to be applied for by Motion on notice to the party against whom the attachment is sought to be issued which said notice shall be served personally upon the person sought to be attached. Furthermore, prior to the service of the said notice, a copy of the Court Order in respect of which obedience is sought, shall be personally served upon the party against whom the Order was made with a penal endorsement thereon.

3. Every order of attachment or committal for contempt of Court shall be directed to the Superintendent of the Garda Siochana for the district in which the party to be attached or committed resides, or may be found, or to such other member of the Garda Siochana as the Court may direct.

4. The party at whose instance an order for attachment or committal has been obtained shall lodge it with the proper officer for execution.

5. Any person in custody under any order for attachment or committal may apply to the Court for his discharge, on giving notice to the party at whose instance he has been committed of his intention so to apply.

ORDER 38

ATTACHMENT OF DEBTS BY GARNISHEE

1. The Court may, on the ex parte application of any person who has obtained a judgment or order for the recovery or payment of money, either before or after any oral examination of the debtor liable under such judgment or order, and upon affidavit by himself or his Solicitor, stating that the judgment has been recovered, or the order made, and that it is still unsatisfied, and to what amount, and that any other person is indebted to such debtor and is within the jurisdiction, order that all debts owing or accruing from such third person (hereinafter called the garnishee) to such debtor shall be attached to answer the judgment or order; and by the same or any subsequent order it may be ordered that the garnishee shall appear before the Court to show cause why he should not pay to the person who has obtained such judgment or order the debt due from him to such debtor, or so much thereof as may be sufficient to satisfy the judgment or order.

In this rule “any other person” shall include a firm, any member of which is resident within the jurisdiction, and a garnishee order may be made against any firm in the name of the firm; and any appearance by any member then within the jurisdiction pursuant to any order made under this rule shall be a sufficient appearance by the firm.

2. Service of such order upon the garnishee, or notice thereof given to him in such manner as the Court shall direct, shall bind such debts in his hands.

3. If the garnishee does not forthwith pay into Court the amount due from him to the debtor liable under a judgment or order, or an amount equal to the judgment or order, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear, then the Judge may order execution to issue, and it may issue accordingly, without any previous notice, to levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment or order, together with the costs of the garnishee proceedings.

4. If the garnishee disputes his liability, the Judge, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability be tried or determined in any manner in which any issue or questions in an action may be tried or determined.

5. Whenever in proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Judge may order such third person to appear and state the nature and particulars of his claim upon such debt.

6. After hearing any third person under such order as in Rule 5 mentioned, and any other person whom by the same or any subsequent order the Court may order to appear, or in case of such third person not appearing when ordered, the Judge may order execution to issue to levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment or order, together with costs of the garnishee proceedings, and of any issue or question to be tried or determined according to the preceding Rules of this Order, and may bar the claim of such third person, or make such other order as the Judge shall think fit, upon such terms, in all cases, with respect to the lien or charge (if any) of such third person, and to costs, as he shall think just.

7. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the debtor liable under a judgment or order to the amount paid or levied, although such proceeding may be set aside or the judgment or order reversed.

8. The County Registrar shall keep a debt attachment book; and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person upon application to the County Registrar.

9. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Judge, and as regards the costs of the judgment creditor shall, unless otherwise directed, be retained out of the money recovered by him under the garnishee order in priority to the amount of the judgment debt.

10. If the sum attached is shown to be due in respect of salary or wages and the Judge is satisfied that its attachment, in whole or in part, will not leave a sufficient amount to the judgment debtor to maintain himself and those dependent upon him, the order may be set aside, or may be varied so as to apply only to the balance of such wages or salary after deduction of an amount sufficient in the opinion of the Judge for the maintenance of the debtor and his dependants.

11. After a sum has been attached in the hands of a garnishee the debtor may, if he has good and sufficient cause for so doing, apply to the Court to discharge the garnishee order, and the Judge may vary or discharge the said order if he shall consider that such cause has been shown.

ORDER 39

RECEIVER BY WAY OF EQUITABLE EXECUTION

1. In every case in which an application is made for the appointment of a receiver by way of equitable execution the Judge, in determining whether it is just or convenient that such appointment should be made, shall have regard to the amount of the judgment held by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs and expenses of and incidental to his appointment, and may direct any inquiries on these or other matters before making the appointment. The order shall be made upon such terms as to costs and otherwise as the Judge may direct, including the entry into security by the receiver in appropriate cases.

2. The order may be made on an ex parte application. The affidavit in support thereof shall conform to the requirements of Rule 1 of the last preceding Order, save that it shall suffice for the plaintiff to show that he has reason to believe that a sum of money, but not necessarily a debt, is held by or about to be paid by some other person to or on behalf of the judgment debtor, and that the said judgment debtor has a beneficial interest therein.

3. Where an order is made by the Court appointing a receiver by way of equitable execution the order shall be absolute, subject to the right of the judgment debtor, or other person affected thereby, to apply to the Court to discharge the said order, and on such application the Judge may vary or discharge the said order as he thinks right.

4. An order appointing a receiver by way of equitable execution may be limited to a single sum, or may cover several sums, or a series of continuing periodical payments in which the judgment debtor is beneficially interested.

ORDER 40

INTERPLEADER

1. Relief by way of interpleader may be granted:—

(a) where the person seeking relief (in this Order called “the applicant”) is under liability for any debt, money, goods or chattels, for or in respect of which he is, or expects to be, sued by two or more parties (in this Order called “the claimants”) making adverse claims thereto;

(b) where the applicant is a Sheriff, or other officer charged with the execution of process by or under the authority of the Court, and claim is made to any money, goods, or chattels taken or intended to be taken in execution under any process, or to the proceeds or value of any such goods or chattels, by any person other than the person against whom the process issued.

2. The applicant must satisfy the Court by affidavit or otherwise:—

(a) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs; and

(b) that the applicant does not collude with any of the claimants; and

(c) that the applicant is willing to pay or transfer the subject-matter into Court or to dispose of it as the Judge may direct.

3. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.

4. Where the applicant is a defendant, application for relief may be made at any time after service of the Civil Bill.

5. The applicant may issue an Interpleader Application in accordance with Form 3 in the Schedule of Forms hereto calling on the claimants to appear and state the nature and particulars of their claims and either to maintain or relinquish them.

6. If the application is made by a defendant in an action the Judge may stay all further proceedings in the action.

7. If the claimants appear in pursuance of the application, the Judge may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.

8. The Judge may, with the consent of both claimants, decide their claims in summary manner, and on such terms as may be just.

9. Where the question is a question of law, and the facts are not in dispute, the Judge may decide the question without directing the trial of an issue.

10. If a claimant, having been duly served with an application calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the application, or, having appeared, neglects or refuses to comply with any order made after his appearance, the Judge may make an order declaring him and all persons claiming under him, forever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.

11. Except where otherwise provided by statute, the judgment in any action or any issue ordered to be tried or stated in an interpleader proceeding, and the decision of the Judge in a summary way under Rule 8 of this Order, shall be final and conclusive against the claimants and all persons claiming under them.

12. Where goods or chattels have been seized in execution by a sheriff, or other officer charged with the execution of process of the Court, and any claimant alleges that he is entitled under a bill of sale or otherwise, to the goods or chattels by way of security for debt, the Judge may order the sale of the whole or part thereof, and direct the application of the proceeds of sale in such manner and upon such terms as may be just.

13. The rules applicable to discovery shall, with the necessary modifications, apply to interpleader proceedings.

14. The Judge may, in or for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable.

15. A claim made to or in respect of any goods or chattels taken or about to be taken in execution under the process of the Court shall be in writing. On the receipt of the claim the Sheriff or such other officer shall forthwith give notice thereof to the execution creditor in accordance with Form 29 of the Schedule of Forms annexed hereto, or to the like effect, and the execution creditor shall, within four days after receiving the notice, give notice to the Sheriff or such other officer in accordance with Form 30 of the Schedule of Forms annexed hereto that he admits or disputes the claim, in the form in the said Schedule, or to the like effect. If the execution creditor admits the title of the claimant and gives notice as directed by this rule, he shall only be liable to such Sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim.

16. Where the execution creditor does not in due time, as directed by the last preceding rule, admit or dispute the title of the claimant to the goods or chattels, and the claimant does not withdraw his claim thereto by notice in writing to the Sheriff or such officer, the Sheriff or such officer may issue an interpleader application, and should the claimant withdraw his claim by notice in writing to the sheriff or such officer, or the execution creditor in like manner serve an admission of the title of the claimant prior to the return day of such application, and at the same time give notice of such admission to the claimant, the Judge may in and for the purposes of the interpleader proceedings, make all such orders as to costs, fees, charges and expenses as may be just.

ORDER 41

APPEALS FROM THE DISTRICT COURT

1. When an appeal is taken from any decision of the District Court in accordance with the Rules of that Court, the Clerk of such Court shall transmit to the County Registrar:—

(i) In civil cases:—

(a) the original summons, Civil Process or other document by which the proceedings have been instituted;

(b) the original notice of appeal;

(c) the original or statutory declaration of service of the notice of appeal;

(d) the recognizance (if any);

(ii) in criminal cases:—

(a) a certified copy of the conviction or order;

(b) the original notice of appeal;

(c) the depositions (if any);

(d) the statement of the accused in writing (if any); and

(e) the recognizance (if any);

(f) the original summons or other document by which the proceedings have been instituted;

(g) the bond or other security given in the District Court (if any);

(iii) in licensing cases:—

a certified copy of the Certificate or Order of the Judge from which the appeal is taken, and the original document by which the proceedings have been instituted.

2. The hearing shall take place at the Sitting which is held in the nearest town in the Circuit to the Courthouse at which the decision appealed from was given, unless the Judge shall otherwise order.

3. If so directed by the Court, the original decree or dismiss or a certified copy thereof shall be produced on the hearing of the appeal by the appellant.

4. If an appeal is not prosecuted, the Judge may order the party appealing to pay to the party receiving notice of appeal such costs and expenses as to the judge shall seem just.

5. Whenever an appeal in a criminal case from a justice of the District Court to a Judge of the Circuit Court shall not have been prosecuted, or the original Order shall have been confirmed or varied on appeal, or either party shall upon appeal have been ordered to pay a specified sum for costs, the Judge may direct the issue by the County Registrar of all warrants necessary and proper for the execution of the original Order or of such varied Order and to enforce the payment of such costs.

6. Where the Order of the Judge of the District Court, as confirmed or varied on appeal, directs the imprisonment of any person the Judge may, upon confirming or varying the said Order, or at any time before the issue of a warrant by a Judge of the District Court, or by the County Registrar, for the execution of such Order so varied or confirmed, direct that such person be taken into custody forthwith, or detained in custody, and imprisoned pending the issue of such warrant.

7. In cases in which jurisdiction has been conferred upon the District Court by Section 77A of the Courts of Justice Act, 1924 the Court may issue the instrument necessary to enforce its decision, or may allow the same to be issued by the District Court in accordance with Section 23 of the Courts of Justice (District Court) Act, 1946 .

8. The County Registrar shall certify to the Clerk of the District Court from which the appeal was taken the purport of every order made by the Court on appeal, and shall return to the said clerk the original summons, Civil Summons or other documents by which the proceedings have been instituted.

9. The Court may, upon such terms (if any) as it may think reasonable extend the time for all appeals to be taken pursuant to the provisions of the Rules of this Order.

ORDER 42

APPEALS TO THE COURT OF CRIMINAL APPEAL

1. The application for a Certificate required by Section 63 of the Courts of Justice Act, 1924 shall be made to the Court immediately on the termination of a trial or within three days thereof.

ORDER 43

SALES

1. If, in any action or matter relating to land, it shall appear necessary or expedient that the land, or any part thereof, shall be sold, the Court may order the same to be sold, and any party bound by the order and in possession of the land, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or to such other person as the Court may direct.

2. In all cases where a sale, mortgage, partition or exchange is ordered, the Court, in addition to the powers already existing, shall have power to authorise the same to be carried out:

(a) by laying proposals before the Court for its sanction; or

(b) by proceedings out of Court, and any moneys produced thereby shall be paid into Court, or to trustees, or otherwise dealt with as the Court may order;

provided always that the Judge shall not authorise a sale out of Court unless and until he is satisfied that all persons interested in the lands to be sold, mortgaged, partitioned or exchanged, are before the Court, or are bound by the order for sale, mortgage, partition, or exchange.

3. When any property is ordered to be sold, the order shall direct who shall have the carriage of the sale and where the same shall be held, and by whom the conditions and contracts of sale and abstract of title, if any such be necessary, shall be prepared. Whenever in an action for the administration of the estate of a deceased person, or the execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator or trustee, the conduct of such sale shall be given to such executor, administrator or trustee, unless the Judge shall otherwise direct.

4. The Judge may refer to a Counsel appointed by him any matter relating to the investigation of the title to any land with a view to an investment of money in the purchase, or on mortgage thereof, or with a view to a sale thereof, or to the settlement of a draft or a conveyance, mortgage, settlement, or other instrument, or any other matter which the Judge may think fit.

5. Where a judgment or order directs any property to be sold, unless otherwise ordered, the same shall be sold to the best purchaser, and if the sale be approved by the Court, all proper parties shall join in the sale and conveyance as the Court shall direct.

6. If, in any action or matter relating to goods or chattels, it shall appear necessary or expedient that the same, or any of the same, shall be sold, the Judge may order such sale by any person or persons named in such order, and in such manner, and on such terms as he may think desirable, and in any case in which such goods or chattels are of a perishable nature, or likely to deteriorate from keeping, or in which it may be desirable for any other just and sufficient reason to have an immediate sale, such order for sale may be made at any time after the commencement of the proceedings.

ORDER 44

SECURITY

1. Where a bond or recognizance is required from any person the Judge may authorise the acceptance of an instrument executed by any solvent person or corporation (including an Insurance Company) approved by him. Every such bond or recognizance shall recite that the person or corporation executing the same is bound or indebted, as the case may be, to the Judge for the time being within whose Circuit the proceedings are.

2. Every bond or recognizance shall be executed in the presence of the Judge, or the County Registrar, or a Commissioner to administer oaths for the High Court, or where the person entering into such bond or recognizance resides outside Ireland, or is for the time being thereout, before any person duly authorised to administer oaths where such person ordinarily resides or is.

3. It shall not be necessary to enrol any bond or recognizance, but the same shall be filed in the Office, and may subsequently be assigned or otherwise dealt with by the Judge as may be just.

4. All sureties shall make an affidavit of their sufficiency unless the Judge shall dispense with such affidavit.

5. Neither the County Registrar nor any Officer attached to the Court shall become surety in any case where by the practice of the Court security is required.

ORDER 45

ADMINISTRATORS PENDENTE LITE AND RECEIVERS

1. When in the course of any proceeding it appears at any time to the Judge expedient that an administrator pendente lite or a receiver should be appointed, such appointment may be made whether or not the same be asked for as part of the relief in the Civil Bill or other originating document.

2. Where an order is made directing an administrator pendente lite or a receiver to be appointed, the person to be appointed, unless otherwise ordered, shall give security to be approved by the Judge for the faithful discharge of his duties, and duly account for what he shall receive as such administrator or receiver, and pay the same as the Judge shall direct. The person so to be appointed shall, unless otherwise ordered, be allowed a proper remuneration or allowance.

3. When an administrator pendente lite or a receiver is appointed with a direction that he shall pass accounts, the County Registrar, under the direction of the Court, shall fix the day or times at which he shall lodge and vouch such accounts, and also the days upon which or the times at which he shall pay the balances appearing due upon the accounts so lodged, or such part thereof as shall be certified as proper to be paid by him, and with respect to any such administrator or receiver as shall neglect to lodge, or pass his accounts, or pay the balance thereof, at the time fixed for this purpose, the Judge may from time to time disallow the salary or allowance claimed by such administrator or receiver; and may charge him with interest at such a rate as may from time to time be determined upon the balance so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such administrator or receiver.

4. Such administrators' and receivers' accounts shall be written bookwise on paper of A4 size, and the items of every account shall be numbered consecutively, and the accounts shall be verified by affidavit and be therein referred to as exhibits.

5. Such administrator or receiver shall be at liberty, without any express direction, to pay all ordinary outgoings, but all other payments shall be made only under the direction of the Court.

ORDER 46

THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE TRUSTEE ACTS

1. Proceedings under Section 33 (i) and (k) of the County Officers and Courts (Ireland) Act, 1877, as extended by the Principal Act, or under the Settled Land Acts, the Trustee Relief Acts or the Trustee Acts (other than for payment into Court by Trustees), shall be commenced by issuing a Civil Bill in accordance with Form 2B of the Schedule of Forms annexed hereto, entitled in the matter of the Act under which the proceeding is taken and of the trust or settlement, as the case may be, which said Civil Bill shall be entitled “Equity Civil Bill”.

2. At the foot of every Equity Civil Bill under this Order presented to the Court, and of every copy thereof, there shall be placed the names and addresses of the persons intended to be served therewith; and, if no person is intended to be served, a statement to that effect shall be made at the foot of the Civil Bill and of every copy thereof.

3. When no person is intended to be served with a Civil Bill, the County Registrar shall upon the issuing thereof, indorse a place of hearing and a day and hour therefor upon the appropriately amended Civil Bill and upon a sealed copy thereof.

4. Upon the hearing of any Civil Bill or any motion thereunder, the facts relied upon in support of or in opposition thereto shall be proved by affidavit unless the Judge otherwise directs.

5. The Judge may refer any matter to the County Registrar to make inquiries and to report the result of such inquiries.

6. Any person desiring to pay money, transfer stock, or deposit security in trust to attend the orders of the Court, shall make and shall file in the Office an affidavit entitled in the matter of the Act under which the proceeding is taken and of the particular trust, and setting forth—

(a) his own name, address, and description;

(b) the place where he is to be served with any order of the Court or any notice of any matter or order, or with any document relating to the trust fund;

(c) the amount of money, stock, or security which he proposes to pay, transfer, or deposit in trust to attend the orders of the Court;

(d) a short description of the trust or of the nature and contents of the instrument creating it;

(e) the names, addresses, and descriptions of the persons interested in or entitled to the fund, to the best of the knowledge and belief of the deponent; and

(f) the submission of the deponent to answer all such inquiries relating to the application of the money paid in, or stock transferred, or security deposited, as the Judge may think proper to make or direct.

7. Upon the receipt by the County Registrar of such affidavit he shall indorse thereon a memorandum of the day on which the same was filed, and when such affidavit has been so indorsed it shall be taken for all purposes to have been filed as indorsed thereon.

8. Any person filing such affidavit may obtain from the County Registrar a certificate, entitled in the matter of the Act under which the money is to be lodged, the stock transferred, or the security deposited, and of the particular trust, that the affidavit has been filed.

9. In the case of money, the person filing such affidavit may forthwith obtain a privity from the County Registrar and lodge the amount in Court to the separate credit of the particular trust. The County Registrar shall thereupon record the receipt of the funds.

10. In the case of stock, the person filing such affidavit may, upon the receipt of the certificate in the second last preceding rule mentioned, transfer the stock into the name of the County Registrar in trust to attend the orders of the Court, and shall forthwith leave the certificate of transfer with the County Registrar, who shall immediately indorse thereon a memorandum of the day and hour on which the same was received by him.

11. In the case of any other security, the person filing the affidavit may forthwith deposit the security with the County Registrar in the name of the County Registrar in trust to attend the orders of the Court, and the County Registrar shall immediately indorse on the affidavit a memorandum of the day on which the security was deposited with him.

12. Upon the recording of the receipt or certificate of transfer, or upon giving a certificate of lodgment or deposit of security, the County Registrar shall make an entry in the appropriate Record Book of the title of the particular trust and the amount of the money paid, or particulars of stock transferred, or security deposited, and the names and addresses of the persons making such payment, transfer, or deposit, and the names of all persons stated in the affidavit to be, or who claim to be interested in, or entitled to, such money, stock, or security, and their addresses and descriptions as given in the affidavit, and shall forthwith send by post to each of such last mentioned persons to the address given in the affidavit a notice containing particulars of the payment, transfer or deposit.

13. Any person entitled to, or claiming to be interested in, any funds in Court, or the trustee who desires the direction of the Court as to investment, paying out, or distribution of the whole, or any part of the funds or the income thereof, may issue a Civil Bill setting forth the particular trust in which he applies, and the substance of the order he seeks to obtain, and praying for the order and direction of the Court with respect to the funds so paid into Court and the rights of all persons thereto. Such plaintiff shall serve a copy of the Civil Bill upon all persons interested, claiming or appearing to be interested, in the said funds.

14. Where the Civil Bill relates to the capital of a fund in Court, the trustee and all persons interested in such fund shall be named in the Civil Bill as persons intended to be served therewith; and where the Civil Bill relates to the income only of the trust fund the trustee only shall be so named, unless and until the Judge shall otherwise direct.

15. Where any person avails himself of the provisions of this Order without sufficient reason, the Judge may direct such person to bear his own costs, and to pay the costs of any other persons, or to bear and pay any part of such respective costs.

ORDER 47

PERSONS OF UNSOUND MIND

1. Every originating application to the Court to have a person declared to be of unsound mind shall be commenced by Civil Bill in which Form 2F of the Schedule of Forms annexed hereto being a Civil Bill as to Capacity signed by the applicant and by his Solicitor (if any), and prior to the issue of such Civil Bill there shall be filed two affidavits, whereof one shall be made some person having an interest in the wellbeing of the person alleged to be of unsound mind, and the other by a medical practitioner.

2. The affidavit of the person having an interest in the wellbeing of such person shall set forth:—

(i) the name and residence of the person alleged to be of unsound mind and of his next of kin, so far as same are known to the deponent; and

(ii) the evidence of the alleged unsoundness of mind within the personal knowledge of the deponent; and

(iii) the particulars of the property required to be protected and to be applied for the said person's advantage.

3. The affidavit of the medical practitioner shall set forth distinctly and particularly:—

(i) the nature of the alleged unsoundness of mind; and

(ii) the evidence as to demeanour, conversation, acts and physical causes upon which the opinion of the deponent as to soundness or unsoundness of mind is founded.

4. The applicant or his Solicitor shall issue the Civil Bill and affidavits with the County Registrar, and as soon as shall be practicable after the issuing thereof, shall cause a copy of such Civil Bill to be served upon the person alleged to be of unsound mind, and upon the person with whom he resides, or under whose care he is, together with a notice of the issuing of such affidavits.

5. An Appearance and Defence to such Civil Bill shall be entered and delivered as the case may be in the manner and within the times specified in Order 15.

6. Upon the expiration of the time for Appearance, or, where an Appearance has been entered, upon the expiration of the time for a Defence the applicant or his Solicitor may serve notice of trial, and shall serve the same upon all persons who have been served with the Civil Bill, and upon such other persons (if any) as have entered an appearance thereto.

7. If the applicant or his Solicitor does not serve notice of trial within ten days after delivery of the Defence, then the person alleged to be of unsound mind, or any person who shall have entered an appearance on his behalf, may do so, or may apply to the Court by motion on notice to the applicant to have such Civil Bill dismissed for want of prosecution or may serve a notice of trial in accordance with Order 33 rules 4 and 5 of these rules.

8. Upon the hearing of such Civil Bill, the Judge, if he shall consider the evidence in support of the application insufficient, may require such other evidence as may seem to him necessary or expedient, and may direct a medical practitioner, other than the practitioner upon whose affidavit the Civil Bill was grounded, to report confidentially to the Judge upon the circumstances of the case, and may adjourn the hearing pending the receipt of such report.

9. If the Judge is of opinion upon the hearing of the Civil Bill that such person is of unsound mind and incapable of managing his person or property, and that the property requires to be protected and applied for his advantage, he may declare that such person is of unsound mind and incapable of managing his person or property, and that such property requires to be protected and applied for his advantage; and in that event he shall appoint, or give directions for the appointment of, a guardian of the person and property of the said person, and may commit to such guardian the care of the said person, and the management of his property. In any case in which the Judge may think proper he may appoint different persons guardians of the person and of the property. Where an order is made directing the appointment of such a guardian or guardians, the person to be appointed, unless otherwise ordered, shall give security to be approved by the Judge for the faithful discharge of his duties, and shall duly account for what he shall receive as such guardian, and shall pay the same as the Judge shall direct.

10. In any case in which the Judge shall declare a person to be of unsound mind and incapable of managing his person or property, or in any case in which he shall dismiss the Civil Bill, the Judge may make such order as to costs and expenses of and incidental to the proceedings as to him shall seem right.

11. The medical practitioner visiting and reporting under the direction of the Court shall be allowed such fee as the Judge may think proper. Such fee shall be dealt with by the Judge and as part of the expenses of the proceedings, but shall in the first instance be paid by the petitioner, or by the Solicitor having carriage of the proceedings, as the Judge may direct.

12. The Judge may at any time direct the investment of any fund the property of the person of unsound mind in such securities, and subject to such conditions as may seem proper, and direct such accounts as he shall think necessary to be passed by the guardian of the property, at such time and in such manner as he shall appoint, and all such accounts shall be taken by the County Registrar and shall be filed in the Office.

13. Should the property increase in value, the guardian shall notify the fact to the County Registrar; and if the property is enlarged by such increase beyond the jurisdiction of the Court, the County Registrar shall notify this fact to the Court and to the Registrar of Wards of Court.

14. When any judgment or order has been made by the Court declaring any person to be of unsound mind and incapable of managing his person or property, the County Registrar shall forthwith send notice of such judgment or order with a sealed copy thereof to the Registrar of Wards of Court, and such notice shall set forth the then known amount of such person's property and the net income arising therefrom.

15. Where, under order of the Court, any person resides in an institution or mental hospital for the care of the insane, one of the Inspectors of Mental Hospitals shall forward to the County Registrar once in each year, for the information of the Court, a report as to the care, treatment and general condition of such person.

16. Every guardian of a person of unsound mind shall once at least in each year, and as often as he shall be required by the Court, furnish to the County Registrar a return setting forth, as nearly as the circumstances of each case will permit, the particulars which Committees of Lunatics are required to furnish to the Registrar of Wards of Court under the General Orders in Lunacy (27th June, 1879) or such other General Orders as may be from time to time in force.

17. The Court may discharge from control and regulation of the Court any person of unsound mind so found, upon being satisfied that he has been restored to sound mind and to the capacity for managing his property; but no order for discharge shall be made by the Court until the Judge has personally examined the person to be discharged.

18. Upon the death of any person of unsound mind so found, it shall be the duty of the guardians appointed by the Court to file with the County Registrar a certificate or other evidence of the death of such person with a verified statement setting forth the circumstances of such person's property, and the claims, if any, against it in respect of costs, maintenance, or otherwise, in the matter of the lunacy, and the Judge, upon being satisfied that all such claims have been duly discharged, and (if required by the Judge) upon probate or letters of administration being exhibited to the County Registrar, shall by order direct the matter to be dismissed out of the jurisdiction of the Court.

19. Every application to the Court subsequent to the judgment upon a Civil Bill as to Capacity shall be made by motion grounded upon an affidavit setting forth the facts relevant to the application.

20. Subject to the foregoing rules, the rules and practice in relation to persons of unsound minds and wardship for the time being relating to the jurisdiction of the President of the High Court shall, so far as applicable, apply to all proceedings in respect of persons of unsound mind in the Circuit Court.

ORDER 48

ACCOUNTS

1. When the County Registrar is directed to make inquiries or take accounts, otherwise than during and as part of a case actually being heard by the Judge, he shall by summons returnable not less than seven days from the date thereof, addressed to all parties entitled or required to attend, direct such parties to attend before him at the Office, or at such other place as the Court shall direct for the purpose of proceeding with such inquiries or accounts.

2. The County Registrar shall sit at the time and place appointed, or at any adjourned sitting, and shall hear all parties interested or their Solicitors.

3. When advertisements are ordered by the Court the County Registrar shall cause the same to be prepared and they shall state the time, place, and purpose of such sitting, and shall be published not later than fourteen days before the date of such sitting.

4. Subject to any directions or rulings of the Court or the County Registrar, any books in which the accounts, or any of them, of the accounting party have been kept shall be taken as prima facie evidence of the truth of the matters therein contained.

5. Every advertisement for creditors, incumbrancers or other persons having any claim upon the interest of any person in the distribution of any assets or money to be ascertained, administered or distributed by the Court, which shall be issued pursuant to any judgment or order, shall direct such creditor, incumbrancer or other person to send, within a time to be therein limited, to the County Registrar his name, address, full particulars of his claim or interest, a statement of his account, and the nature of the security (if any) held by him, and in such advertisement the time for adjudicating on claims shall be stated.

6. Every claim by a creditor, incumbrancer or other person, if not admitted, shall be verified by affidavit, or supported by such other evidence as the County Registrar shall require, but such person need not appear in support of his claim unless required to do so by the County Registrar.

7. Every creditor, incumbrancer or other claimant, shall produce to the County Registrar any security held by him at such time as shall be specified in the advertisement of adjudication on claims, and every creditor, incumbrancer or other claimant shall, if so directed by the County Registrar, produce before him, or transmit to the Office, all deeds and documents necessary to substantiate his claim at such time as shall be specified by the County Registrar.

8. Every person claiming as heir-at-law, devisee, next-of-kin, or legatee shall, if so directed by the County Registrar, produce before him or transmit to the Office any pedigree or proof mentioned in such direction within such time as shall be thereby specified.

9. In case any creditor, incumbrancer or other claimant shall neglect or refuse to comply with the last two preceding Rules, he shall be disallowed any costs of proving his claim unless the Court shall otherwise direct.

10. Upon the day appointed for adjudication, or at any adjournment, the County Registrar shall take the evidence of the accounting party upon debts or claims, and may allow any of such debts or claims without further proof, and may direct such investigations of all or any of the debts or claims not allowed and require such further particulars, information or evidence relating thereto as he may think fit, and may require any creditor or other person to attend in support of his claim, and the adjudication of such claims as are not then allowed shall be adjourned to a time to be then fixed.

11. All sworn evidence to be used before the County Registrar on such inquiries may be taken by affidavit or orally, and all affidavits shall be brought before the Court by the County Registrar with his report or certificate.

12. No notice of allowance need be given by the County Registrar to any creditor or other person when his claim has been allowed in full, but notice shall be given to every creditor or other person whose claim, or any part thereof, has not been allowed, and who has not attended at the adjudication where such disallowance was made, calling upon him to prove his claim by a time to be named in such notice, not being less than seven days thereafter, or to attend at a time to be therein named, being the day to which the adjudication shall have been adjourned. If any creditor or other person shall fail to comply with such notice, his claim, or such part thereof as aforesaid, may be disallowed.

13. Any creditor or other person who has not previously sent in the particulars of his claim pursuant to the advertisement may do so not less than two clear days before any day to which the adjudication is adjourned.

14. If any claim be sent in after the time fixed by the advertisement, except as provided by the last preceding Rule, the County Registrar may, upon special application, entertain the same upon such terms and conditions as to costs, or otherwise, as he thinks fit.

15. When the County Registrar has been ordered to certify to the Court upon any matter, he shall present to the Court a certificate in writing prepared and signed by him.

16. The County Registrar shall, in all cases not disposed of by him during and as part of a case actually being heard by the Court, have his certificate prepared and notice given to all parties interested therein, or affected thereby, fourteen clear days before presenting the same, that they may inspect it in the Office.

17. Copies of such certificate may be obtained by any person entitled thereto upon payment of the prescribed fees.

18. Where any party interested in or affected by a certificate of the County Registrar desires to have the same varied, he may apply to the Court by motion on notice on the day appointed for presenting the same, and the Judge shall thereupon hear such application and determine the subject matter thereof, and shall confirm or vary the certificate or make such further order as to him shall appear right.

19. Application under the last preceding Rule shall be made on notice to all parties to be given not later than four clear days before the day appointed for presenting the certificate, and such notice shall state the nature or particulars of the variation required.

20. Every Certificate of the County Registrar shall be presented to the Court by the County Registrar for confirmation, and thereupon the Judge may confirm or otherwise deal with same in such manner as to him may seem right. Every certificate as approved by the Court shall be forthwith filed in the Office.

21. The Judge may, if the special circumstances of the case require it, upon an application by motion for the purpose, direct a certificate to be discharged or varied at any time after the same has become binding on the parties.

22. The Judge may at any time on his own initiative, or upon a reference from the County Registrar, or upon the application of any person interested, make such further order or give such further directions as may be necessary for the purpose of taking any account, or holding any inquiry previously directed. Four clear days' notice of such reference or application shall be given to all interested parties.

23. When any matter is referred to the County Registrar he shall, as soon as conveniently may be, ascertain by advertisement or otherwise if there are any persons who, if the Order had been made in an action pending in the former High Court of Chancery, ought to be served under Rule IX of Section 66 of the 30 and 31 Vic. c.44 (Chancery (Ir.) Act, 1867).

24. Any notice necessary under the last preceding Rule shall be prepared by the party having carriage of the proceedings and submitted to the County Registrar for his approval. After such approval the notice shall be served by the party having carriage, and any party served therewith may thereupon attend the proceedings under the order.

25. Any party who shall be served with such notice may apply to the Court to set aside, vary, or add to the order. Such application shall be made within ten days after service of such notice, or within such extended time as the Judge may allow.

26. Two clear days' notice stating the nature of the application intended to be made shall be given to the parties to the action by the party moving.

27. If, during the progress of any account or inquiry, it shall appear that the subject matter exceeds the amount to which the jurisdiction of the Court is limited, the County Registrar may proceed with and complete the account or inquiry, but he shall, at the next sitting of the Court, present a certificate of the state of the proceedings, and, if the Judge shall be of opinion that such excess exists, then, unless the parties shall by a memorandum signed by them or their respective Solicitors consent that the Judge shall proceed in and determine such action or matter, the Judge shall direct such action or matter to be transferred to the High Court.

28. If, during the hearing of any action or matter, it shall appear to the Judge to be expedient to direct any inquiry or calculation to be made, or any account to be taken or vouched, the Judge may direct the County Registrar to proceed therewith and to certify the result in writing to the Court, and the hearing of the action or matter, or the passing or auditing of any account, may be adjourned or postponed, pending such certificate as the Judge may direct.

ORDER 49

INTOXICATING LIQUOR LICENCES

1. Every application in respect of an Excise licence for the sale of intoxicating liquor shall be made at the Sittings of the Court held in the town nearest to the premises to which the application relates, and in the county in which such premises are situate.

2. Every such application shall be preceded by a notice signed by the applicant stating his intention to apply to the Court for a certificate to enable him to obtain an excise licence to sell intoxicating liquor for consumption on the premises, and setting forth the situation and place of the premises, as well in respect to the road or highway on or adjacent to which it lies, or otherwise in a true and particular manner specifying the town, townland, and if in a city or town, the street, square, lane, or other description of place, together with the number of such premises, if such premises shall have been numbered, and also the place of abode of such person, and further stating the Sitting of the Court at which the application is to be made. On the hearing of such application the applicant shall produce to the Court a map or plan upon which the premises the subject-matter of the application are outlined in red with the area to be licensed clearly delineated.

3. Every such notice shall state at the head thereof the Act and Section of the Act under which the application is intended to be made.

4. Such notice shall be served upon:—

(i) the Officer in charge of the Garda Síochána of the District (a) in which the applicant resides, and, (b) in which the premises are situate;

(ii) the Judge of the District Court within whose district the premises are situate;

(iii) the County Registrar for the County in which the premises are situate; and

(iv) the Fire Authority.

5. Save in the Dublin Circuit, such notice shall be served at least twenty-one days before the day upon which the application is to be made. In the Dublin Circuit, such notice shall be served at least twenty-one days before the day upon which such application is intended to be made, and shall operate to set down the application for hearing upon any day after the expiration of the said time upon which the application may come on for hearing in its order in the list.

6. (a) This rule shall not apply to the Dublin Circuit; such notice shall, not less than 21 days before the day upon which the application is to be made, be advertised in a newspaper circulating in the place in which such premises are situate, and a copy of such newspaper shall be lodged with the County Registrar immediately upon its issue.

(b) This rule shall apply to the Dublin Circuit only; such notice shall be advertised and lodged with the County Registrar in like manner as above provided in the case of the other Circuits, but such advertisement shall be made not less than 21 days before the date mentioned in such notice as the date upon which the application is intended to be made.

7. The County Registrar shall file all notices served upon him, and the advertisements in all newspapers lodged with him, in connection with such applications.

ORDER 50

PROBATE ACTIONS

1. (a) Any person desirous of taking proceedings in the Court for the purpose of obtaining a grant, or revocation of a grant, of Probate or Letters of Administration shall issue a Civil Bill in the form prescribed in Form 2G of the Schedule of Forms; such Civil Bill shall be headed with the words “Testamentary Civil Bill.” Save in relation to proceedings aforementioned, any person desirous of taking proceedings in the Court pursuant to the provisions of the Succession Act, 1965 shall issue a Civil Bill in the form prescribed in Form 2H of the Schedule of Forms; such Civil Bill shall be headed with the words “Succession Law Civil Bill”. On issuing a Testamentary Civil Bill or a Succession Law Civil Bill the plaintiff shall, if he has not already done so, lodge a caveat in the Probate Office entitled in the estate of the deceased person. Following the issuing of the Testamentary Civil Bill, details of the lodgement of the caveat shall be endorsed thereon by the Probate Office prior to service thereof. Thereafter, the caveat lodged in the matter will continue in force until the Probate Office is satisfied that the proceedings have been completed whether determined, discontinued or otherwise.

For the purposes of this Rule, “the Probate Office” means the Probate Office or the relevant District Probate Registry.

(b) The issue of a Testamentary Civil Bill shall be preceded by the filing of an affidavit made by the plaintiff, or, if more than one plaintiff, then by one of them, verifying the claim, and specifying the names and residences of the next-of-kin, and of such persons as may be entitled under an intestacy to any interest in the assets of the alleged testator or intestate in the said Civil Bill named.

2. In any such action the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee, or in what other character.

3. Where any person shall have lodged a caveat against the grant of Probate or Letters of Administration, and proceedings are taken to obtain such a grant, that person shall be a defendant.

4. In proceedings for the revocation of Probate or Letters of Administration, the person applying for such revocation shall be plaintiff, and the person to whom such grant has been made shall be a defendant.

5. If upon the hearing of any Probate action it shall appear to the Judge that any person or persons not already a plaintiff or defendant therein ought to be made a party or parties to the suit, he may adjourn the proceedings and direct that such person or persons shall be made parties thereto by amendment of the Civil Bill.

6. Any of the next-of-kin of any alleged testator or intestate, or any beneficiary of any alleged testator, may appear at the hearing of any Probate action although he may not have been made a party to the same or served therein.

7. In any Probate action any defendant may propound a will by way of counterclaim.

8. Any party may rely on wills alternatively in his pleadings.

9. In Probate actions the plaintiff and defendant, within ten days of the entry of an appearance on the part of the defendant, shall respectively file affidavits as to scripts, whether they have or have not any script in their possession. Such affidavits shall be in the form set out at Form 28 in the Schedule of Forms with such variations as circumstances may require.

10. Every script in the custody or under the control of the party making the affidavit shall be annexed thereto, and deposited therewith in the office.

11. No party to the cause, or his Solicitor, shall be at liberty, except by leave of the Court, to inspect the affidavits as to scripts, or the scripts annexed thereto, filed by any party to the cause, until his own affidavit as to scripts shall have been filed.

12. The party opposing a will may with his Defence give notice to the party setting up the will that he merely insists upon the will being proved in solemn form of law, and only intends to cross-examine the witnesses produced in support of the will, and he shall thereupon be at liberty to do so, and shall not in any event be liable to pay the costs of the other side unless the Judge shall be of opinion that there was no reasonable ground for opposing the will.

ORDER 51

LANDLORD AND TENANT

Rule 1 — Ejectments

1. In all actions for the recovery of land the Civil Bill shall contain a sufficient description of the property sought to be recovered, and the place wherein the same is situate.

2. In every ejectment for non-payment of rent or overholding, the Civil Bill shall specify the names of the landlord and lessor, and tenant or tenants, respectively, the nature of the tenancy, and the rent at which the same shall be then or shall have been last holden, and in cases where the proceedings shall be grounded upon the tenancy having been determined, the fact of the determination of such tenancy and the means by which the same shall have been determined, and in cases where the proceedings shall be grounded upon the non-payment of rent, the amount of the rent due after all fair and just allowances, specifying up to what gale day the same is due.

3. In ejectment proceedings for non-payment of rent or for overholding, it shall not be necessary to serve the Civil Bill upon any person other than the person or persons in actual possession of the lands, or any part thereof, as tenant or under-tenant, but in all other actions for the recovery of land every person in the actual possession, or in receipt of the rents and profits, of the lands, or any part thereof, shall be served, unless the Court shall otherwise direct.

4. Service of the Civil Bill in any action for the recovery of land may, in case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the Civil Bill upon the door of the dwellinghouse or some other conspicuous part of the property; provided, however, that in such cases before judgment for possession shall be given, the Judge shall be satisfied that there was no person in actual possession, or in receipt of the rents or profits, upon whom other service might have been effected.

5. The defendant in any ejectment for non-payment of rent, or any person having a specific interest in the contract of tenancy, may at any time before the decree for possession shall have been executed, pay to the plaintiff, or his Solicitor, all rent and arrears of rent due at the time of the service of the Civil Bill, and a sum sufficient to cover the plaintiff's costs, or may tender the same, and, in case such tender be refused, may lodge the same in Court and give notice to the plaintiff or his Solicitor of such lodgment, and thereupon the Judge may order all further proceedings to be stayed upon payment of such costs incurred up to the date of tender as he may deem reasonable, and the money so lodged, or a sufficient part thereof, shall be paid over to the plaintiff or his Solicitor.

6. The Judge, upon pronouncing a decree in any ejectment where there shall be more than one defendant, may order that the costs of such ejectment shall be paid by one or more of such defendants and not by the other or others of them.

7. Upon every execution order for possession in ejectment for non-payment or rent, there shall be a statement of the amount then due for rent and costs. If at any time after the delivery to the Sheriff of such order, but before execution, the defendant pays to the Sheriff the sum so stated for rent and costs, and the amount of expenses properly incurred by the Sheriff for the purpose of executing such order, the Sheriff shall thereupon stay execution.

8. After execution in the case of ejectment for non-payment of rent the Court may grant an order of restitution, or give any other relief in equity, on the application of the defendant or any other person having a specific interest in the contract of tenancy, and on the payment to the plaintiff or the lodgment in Court of the amount due for rent, arrears of rent and costs, within six months after the execution as provided by Sections 70 and 71 of the Landlord and Tenant Law Amendment Act (Ireland), 1860.

Rule 2 — Landlord and Tenant (Amendment) Act, 1980

1. In this Order “the Act” means the Landlord and Tenant (Amendment) Act, 1980 (No. 10 of 1980).

2. All applications shall be brought by Civil Bill being a Landlord and Tenant Civil Bill in accordance with Form 21 in the Schedule of Forms, or such modifications thereof as may be appropriate.

3. All Landlord and Tenant Civil Bills shall be dated and shall bear the name, address and description of the plaintiff and an address for service of proceedings, and shall be signed by the party's Solicitor, if any, or, where the plaintiff does not have a Solicitor, by that party personally.

4. On the issuing of a Landlord and Tenant Civil Bill, the rules as set down in Order 11 of these Rules shall apply mutatis mutandis.

5. If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Civil Bill enter an Appearance and within a further ten days shall deliver to the plaintiff and any other parties a Defence in accordance with Form 6A in the Schedule of Forms, or as near thereto as the circumstances admit.

6. There shall be attached to every such Civil Bill, and served and filed therewith, any documents therein referred to as annexed thereto.

7. Save by special leave of the Court, all proceedings under the Act shall be heard upon oral evidence.

8. Any application under the 1980 Act may be brought together with any other application or applications upon the same Civil Bill.

9. Upon the application on notice of any party, the Judge may order any other party to deliver fuller and better particulars of any matters stated in the Civil Bill or Defence, or to deliver copies of any documents referred to therein. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such order the Judge may deal with the matter as to him shall seem right.

10. Any person desirous of paying money into Court pursuant to Section 61 or Section 62 of the Act shall be entitled to obtain from the County Registrar a privity for such purpose, and such money shall be paid in upon such privity.

11. A person who has so paid money into Court shall forthwith serve notice of such payment upon the tenant, if the payment is in pursuance of Section 61 of the Act, and upon the tenant and the alleged mortgagee, if the payment is in pursuance of Section 62 of the Act. Such notice of payment shall state the distinguishing letter and number of the privity.

Rule 3 — Landlord and Tenant (Ground Rents) Acts, 1967

1. In this Order “the Act” means the Landlord and Tenant (Ground Rents) Act, 1967 .

2. An appeal to the Court under Section 22 (1) of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 32A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and shall be called an action.

3. The appellant shall be the plaintiff and the other party to the arbitration under the Act shall be the defendant.

4. The Notice of Motion shall state whether the appeal is from the whole or part of the award, order or other decision of the County Registrar, and if the appeal is from a part only it shall specify such part.

5. An application to the Court under Section 22(3) of the Act for leave to enforce the award or order of the County Registrar shall be commenced by the issue of a Notice of Motion which shall be in accordance with Form 32B of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and shall be called an action.

6. The applicant shall be the plaintiff and the other party to the arbitration shall be the defendant.

7. In every action the Notice of Motion shall be served in accordance with the provisions of Order 11 of these Rules. The Notice of Motion in an action by way of appeal to the Circuit Court under Section 22 (1) of the Act shall be served within six weeks after the date of the award, order or decision of the County Registrar.

8. This Rule shall not apply to the Dublin Circuit. Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before the commencement of such Sittings.

9. This Rule shall apply to the Dublin Circuit only. Every Notice of Motion shall state the date upon which it is desired that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before such date.

10. Upon the filing in accordance with these Rules of the Notice of Motion the County Registrar shall enter the same for hearing.

11. Every Notice of Motion shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon or at any time thereafter the Judge may make such order as to him shall seem right.

12. If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Notice of Motion, serve on the plaintiff and any other parties a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and such Defence shall be delivered to the plaintiff within seven days after the date of the last service thereof.

13. Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff, and shall be signed by his Solicitor, if any, or, if none, by himself.

14. Save by special leave of the Court every action under the Act shall be heard upon oral evidence.

15. A copy certified by the County Registrar of the award, order or decision appealed from or in respect of which an application is made shall be produced to the Court by the plaintiff on the hearing of the action.

16. In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

ORDER 52

MALICIOUS INJURIES

Rule 1 — Malicious Injuries Act, 1981

1. In this Order, “the Act” means the Malicious Injuries Act, 1981 , (No. 9 of 1981).

“Local Authority” has the meaning assigned to it by Section 2 of the Act.

2. All applications shall be brought by originating Motion on notice in accordance with the Form 33A in the Schedule of Forms or such modification thereof as may be appropriate. Every Motion issued under this Order shall name as defendant the Local Authority upon which the preliminary notice under Section 8 of the Act has been served and shall be dated and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or if none, by himself. The application shall be commenced in the County in which the Local Authority against which an award of compensation is sought and upon which the preliminary notice has been served is established.

3. Every Motion issued under this Order and every notice under Section 10 of the Act shall be served by registered post, or in any of the modes in which a Civil Bill may be served, upon the County Secretary or Town Clerk of the Local Authority to be served, provided that such service need not be effected by a Summons Server.

4. This Rule shall not apply to the Dublin Circuit. Every Motion issued under this Order shall state the date of commencement of the Sittings at which it is intended that the Motion shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the Office by the plaintiff not later than ten days before the commencement of such Sittings.

5. This Rule shall apply only to the Dublin Circuit. Every Motion shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the plaintiff at the Office not later than ten days before such date.

6. Every notice under Section 10 of the Act shall set out the grounds to be relied upon for a request to the Court that any compensation awarded should be paid wholly or partly out of the funds of the notice party. There shall be attached to and served with every notice under Section 10 a copy of the preliminary notice which has been served upon the Local Authority.

7. Any Local Authority which intends to seek a reduction or exclusion of compensation pursuant to the provisions of Sub-Section (1) or Sub-Section (3) of Section 12 of the Act shall give to the applicant seven days notice of its intention to rely upon the same and such notice shall indicate the provision or provisions intended to be relied upon and shall give such particulars in relation thereto as shall adequately inform the applicant of the nature of the case which the Local Authority intends to make under the said Section. In the case of non-compliance with this Rule the Judge may adjourn the application or deal otherwise with the matter as to him shall seem meet.

8. Non-compliance with these Rules shall not render any Proceedings void unless the Court shall so direct.

9. The powers of the Court shall include power to extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court shall deem meet, any act or proceedings under this Act or under this Order.

10. Every application under Section 19 Sub-section 4 of the Act shall be instituted by originating Motion on notice in accordance with Form 33B in the Schedule of Forms, or such modification thereof as may be appropriate and shall be served by registered letter or in any of the modes in which a Civil Bill may be served, provided that such service need not be effected by a Summons Server.

11. The County Registrar shall keep a book, to be called the Malicious Injuries Book, in which he shall enter each Motion issued under this Order for compensation for malicious injury in the order in which it shall be received by him, and shall set out therein the ruling of the Court in each case.

12. Every Decree for compensation, or refusal to award compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses' expenses) shall be inserted therein. Such Decree or refusal shall be in accordance with Forms 33C or 33D of the Schedule of Forms as may be appropriate.

13. The Court shall have power to award costs and to measure the same, or alternatively to direct the same to be taxed by the County Registrar, except insofar as the same are provided for by Regulations made under Section 15 Sub-Section 2 of the Act. Such taxation shall be in accordance with such scale as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66 Rule 5.

Rule 2 — Criminal Injuries to the Person

1. An application for compensation for criminal injuries under Section 106 of the Grand Jury (Ireland) Act, 1836, as amended by Section 5 of the Local Government (Ireland) Act, 1898, shall be made in the County where the injury was committed in accordance with Form 34B of the Schedule of Forms annexed hereto.

2. In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative provided that the preliminary notice hereinafter required may be served by or on behalf of some one or more of his next of kin.

3. Within fourteen days from the commission of a criminal injury, the applicant, or someone acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the Court for compensation to be served on the County Secretary or Town Clerk of the Local Authority for the area where the injury was committed and upon the Member in Charge of the Garda Síochána Station for the place where such injury was committed. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed and shall be in accordance with Form 34A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate.

4. The costs, as between party and party shall be measured by the Court or shall be referred to the County Registrar for taxation according to such scales as may be prescribed. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed by it. Witness expenses shall be dealt with in accordance with Order 66 Rule 5 of these Rules.

5. Save as is hereinbefore provided, the provisions of Order 52, except Rules 6, 7 and 10 thereof, shall apply, mutatis mutandis, to applications for compensation for criminal injury to the person as they apply to applications for compensation for malicious injury.

ORDER 53

RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999

1. In this Order, “the Act” means the Companies (Amendment)(No. 2) Act, 1999 (No. 30 of 1999).

2. All applications for the restoration of companies to the register of companies which may be made before the Court under the Act shall be by originating Notice of Motion grounded upon Affidavit. Every Motion issued under this Order shall name as the plaintiff the creditor making the application or the registrar of companies as appropriate. Where the application is made by a creditor, the application shall be made to the Judge of the Circuit Court for the circuit in which the registered office of the company was, immediately before it was struck off the register, situated or, if no office was registered at that time, for the circuit in which the creditor resides or, in case the creditor resides outside the State, for the Dublin Circuit. Where application is made by the registrar of companies, the application shall be made to the Judge of the Circuit Court for the Dublin Circuit.

3. Every Motion issued under this Order and every notice required under Section 12B(3) or 12B(7) of the Companies (Amendment) Act, 1982 (as amended by the Companies Act, 1990 ) shall be served by registered post, or in any of the modes in which a Civil Bill may be served.

4. This Rule shall not apply to the Dublin Circuit. Every Motion issued under this Order shall state the date of commencement of the Sittings at which it is intended that the Motion shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the Office by the plaintiff not later than ten days before the commencement of such Sittings.

6. This Rule shall apply only to the Dublin Circuit. Every Motion shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the plaintiff at the Office not later than ten days before such date.

7. Non-compliance with these Rules shall not render any Proceedings void unless the Court shall so direct.

8. The powers of the Court shall include power to extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the Court shall deem meet, any act or proceedings under this Act or under this Order.

9. The Court shall make such Order in respect of costs as it thinks fit.

ORDER 54

HOUSING ACT, 1966

1. An Appeal to the Circuit Court under Section 72 of the Housing Act, 1966 (No.21 of 1966) , shall be commenced by the issue of a Civil Bill being a Housing Civil Bill in accordance with Form 2J of the Schedule of Forms annexed hereto and the general rules as provided for herein shall apply thereto.

2. The appellant shall be the plaintiff and the Local Authority shall be the defendant.

3. The Judge may inspect the premises to which the proceedings relate in any case in which he thinks that such inspection is desirable.

4. An application to the Court for an Order determining a lease under Section 73 of the Housing Act, 1966 , (No.21 of 1966), shall be commenced by the issue of a Housing Civil Bill in the form aforementioned and the general rules as provided for herein shall apply thereto.

5. The applicant shall be the plaintiff and the other party to the lease shall be the defendant.

6. Where the plaintiff is the lessee of any premises, he shall join as plaintiff any person to whom he has sublet, or has mortgaged, the premises, and who consents in writing to be so joined, and as defendant any person to whom he has sublet, or has mortgaged, the premises and who does not so consent.

7. The costs of any action to which this Order applies shall be such as the Judge shall direct at the hearing and the Judge may direct the taxation of same in such manner as he thinks fit.

ORDER 55

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979 (NO. 27 OF 1979)

1. In this Order, “The Act” means the Housing (Miscellaneous Provisions) Act, 1979 , (No. 27 of 1979) and “the Minister” means the Minister for the Environment and Local Government.

2. An appeal to the Circuit Court under Section 18(5) of the Act shall be commenced within the time set out in Section 18(5) of the Act by the issue and filing of a Civil Bill being a Housing Civil Bill, in accordance with Form 2K of the Schedule of Forms annexed hereto, or such modification thereof as shall be appropriate. There shall be filed with any such application a copy of the decision of the Minister to which such application relates. In default of such filing, the Defendant may himself file such application, together with a copy of the said decision, and thereupon or at any time thereafter, the Judge may make such Order as to him shall seem right.

3. The Appellant shall be the plaintiff and the Minister shall be the defendant.

4. Applications shall be brought in the County in which the house concerned is situate, or, with the consent of the Minister, in any other County.

5. All applications shall be served either by sending the same, by prepaid registered post addressed to the Minister, or by leaving the same at the office of the Minister, in an envelope addressed to the Minister.

6. This Rule shall not apply to Dublin. Every application shall state the date of commencement of the sittings at which it is intended that the application shall be listed for hearing, and shall be filed by the plaintiff not later than twenty-one days before the commencement of such sittings.

7. This Rule shall apply only to the Dublin Circuit. Every application shall state the date on which it is desired that the application shall be listed for hearing and shall be filed by the plaintiff not later than twenty-one days before such date.

8. Upon the filing in accordance with these Rules of an Housing Civil Bill, the County Registrar shall enter the same for hearing.

9. All applications shall be dated, and bear the name and address for service of the applicant and shall be signed by his Solicitor, if any, or, if none, by himself.

10. Save by special leave of the Court, all applications under the Act shall be heard upon oral evidence.

11. In every application to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

ORDER 56

PLANNING

Rule 1 — Local Government (Planning and Development) Act, 1963 (No. 36 of 1963)

1. In this Order “the Act” means the Local Government (Planning and Development) Act, 1963 .

“The Planning Authority” has the meaning assigned to it by Section 2 (2) of the Act.

2. (a) An appeal to the Circuit Court under Section 21 of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 35A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate, and shall be called an action.

(b) The appellant shall be the plaintiff and the Planning Authority shall be the defendant.

3. (a) An application to the Court for an extension of time within which to make a claim for compensation under Part IV of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 35B of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate, and shall be called an action.

4. (b) The applicant shall be the plaintiff and the Planning Authority shall be the defendant.

5. In every action the Notice of Motion shall be served no later than 14 days prior to the return date thereon, in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules.

6. Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the Office not later than 21 days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.

7. This Rule shall apply only to the Dublin Circuit. Every Notice of Motion shall state the date upon which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the Office not later than 21 days before such date.

8. Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or, if none, by himself.

9. Upon the filing in accordance with these Rules of a Notice of Motion the County Registrar shall enter the same for hearing.

10. If a defendant wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Notice of Motion, serve on the plaintiff and any other parties a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto, or such modification thereof as may be appropriate, and such Defence shall be delivered to the plaintiff within seven days after the date of the last service thereof.

11. Save by special leave of the Court every action under the Act shall be heard upon oral evidence.

12. In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

Rule 2 — Local Government (Planning and Development) Act, 1976 (No. 20 of 1976)

1. In this Order “the Act” means the Local Government (Planning and Development) Act, 1976 , (No. 20 of 1976), and “Development Certificate” has the meaning assigned to it by Section 29 Sub-Section 7(b) of the Act.

2. All applications by way of an Appeal against the refusing or granting of a Development Certificate under Section 29 Sub-Section 11 of the Act and all applications for an Order under Section 29 Sub-Section 13 of the Act shall be brought by way of Civil Bill being a Planning Civil Bill in accordance with Form 2L of the Schedule of Forms annexed hereto, with in each case such modifications thereof as may be appropriate in the circumstances. There shall be filed with each such Application a copy of any Development Certificate granted or a copy of any notification of decision to refuse a Development Certificate together with in each case a copy of the relevant Grant of Planning Permission. In default of such filing the respondent may himself file the same and thereupon or at any time thereafter the Judge may make such Order as to him shall seem right.

3. Applications under this Order shall be brought in the County where there is situate either the place in relation to which the application is being made or the Offices of the relevant Planning Authority.

4. The relevant Planning Authority shall be named as a defendant to every Planning Civil Bill. In addition, in every case where the plaintiff is a person other than the person who has applied to the Local Authority for the grant of a Development Certificate, the latter person shall be added as a defendant.

5. All Planning Civil Bills shall be served in accordance with the provisions of Order 11 of these Rules. Service of a Planning Civil Bill upon a Planning Authority shall be effected by sending the same by prepaid registered post to the office of the Planning Authority, addressed to the County Secretary or Town Clerk thereof, as may be appropriate.

6. All Planning Civil Bills under Rule 2 of this Order shall be dated and bear the name, address and description of the plaintiff and shall be signed by the plaintiff's Solicitor, if any, or, if none, by himself.

7. If any defendant wishes to dispute wholly or partly the claim of the plaintiff, he shall within ten days after service on him of the Civil Bill enter an Appearance and within a further ten days thereafter serve on the plaintiff and any other party a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto or as near thereto as the circumstances admit.

8. Upon the application on notice of any party, the Judge may order any other party to deliver further and better particulars of any matters stated in the Planning Civil Bill or Defence or to deliver copies of any document referred to therein or to deliver copies of any relevant Development Certificate, Planning Permission or notification of refusal to grant Development Certificate. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such Order the Judge may deal with the matter as to him shall seem right.

9. Save by special leave of the Court all Applications made under Rule 2 of this Order shall be heard on oral evidence.

10. In every case where the Court shall make an Order directing the issuance of a Development Certificate, the County Registrar shall cause to be served upon the relevant Planning Authority a copy of the Order of the Court and the service of such copy Order shall be deemed to be a sufficient communication to the Planning Authority, a sufficient direction to issue the Development Certificate and a sufficient transmission of such Certificate as may be described in the said Order.

Rule 3 — Local Government (Planning and Development) Act, 1992 (No. 14 of 1992)

1. In this Order

“the 1992 Act” means the Local Government (Planning and Development) Act, 1992 ;

“the 1976 Act” means the Local Government (Planning and Development) Act, 1976 .

2. An application under this Order shall be brought in the County in which the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or where the land or development sought to be affected or any part thereof is situate.

3. (a) An application for an Order under Section 27 of the 1976 Act, as amended by Section 19(4)(g) of the 1992 Act, shall be by motion on notice to the person against whom relief is sought, subject to the provisions of Rule 3(b) hereof in accordance with Form 35C of the Schedule of Forms annexed hereto.

(b) An Order under Section 27 of the 1976 Act, as amended by Section 19(4)(g) of the 1992 Act, against a person whose identity is unknown to the plaintiff, shall be referred to as “an Order under Rule 3(b)”, and the person against whom it is granted or sought shall be referred to as “the defendant”.

(c) A plaintiff in an application for an Order under Rule 3(b) shall, instead of complying with Rule 4(a), describe the defendant by reference to:-

(i) a photograph, or

(ii) any other means whereby the respondent can be identified with sufficient particularity to enable service to be effected; and the form of the notice of motion shall be modified accordingly.

(d) A plaintiff in an application for an Order under Rule 3(b) shall, in addition to the requirements of Rules 4 and 7 of this Order, include in the affidavit grounding the application and filed in accordance with the provisions of Rule 8 hereof, or shall file a separate affidavit containing, the following averments:

(i) verifying that he was unable to ascertain, within the time reasonably available to him, the defendant's identity;

(ii) setting out the action taken to ascertain the defendant's identity, and

(iii) verifying the means by which the defendant has been described in the originating application and that the description is the best that the plaintiff is able to provide.

(e) Rule 3 (c) hereof is without prejudice to the power of the Court to make an order for substituted service.

4. The Notice of Motion shall be entitled in the matter of the Act on the application of the person bringing the application; shall state the relief sought; describe the land or development sought to be affected: shall state the name and place of residence or address for service of the person seeking relief: the date upon which it is proposed to apply to the Court for relief: and shall be filed in the Office of the Court for the County in which the application is being brought in accordance with Rule 2 hereof (hereinafter referred to as “the appropriate Office”).

5. Subject to the provisions of Rule 3 hereof and without prejudice to the power of the Court to make an order for substituted service, notice of the motion shall be given to the person against whom the relief is sought (the defendant); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose or may dismiss the application.

6. There must be at least ten days between the service of the notice and the day named therein for the hearing of the motion.

7. (a) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of the motion under Rule 3 shall be by affidavit.

(b) Any affidavit to be used in support of the motion shall be filed in the appropriate Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the appropriate Office by the defendant within seven days of the service on him of the applicant's affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the plaintiff.

9. Pending the determination of an application under Section 27 of the 1976 Act, as amended by Section 19(4)(g) of the 1992 Act, the Court on the application of the plaintiff or the defendant, by interlocutory order, (or if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte) may make any order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate, necessary or expedient.

ORDER 57

EMPLOYMENT

Rule 1 — Unfair Dismissals Acts, 1977-1993 (No. 10 of 1977, No. 5 of 1991 and No. 22 of 1993)

1. In this Order, “the Acts” mean the Unfair Dismissals Acts, 1977-1993, (No. 10 of 1977, No. 5 of 1991 and No. 22 of 1993), “The Tribunal” means the Employment Appeals Tribunal, and “The Minister” means the Minister for Enterprise, Trade and Employment.

2. All applications under Section 10 of the 1977 Act or under Section 11 of the 1993 Act whether by way of claim for redress by the Minister or by way of claim for enforcement or by way of appeal from the Tribunal shall be made by way of Motion on Notice which shall set out the grounds upon which the plaintiff is relying for the reliefs sought. Such applications shall be in accordance with Form 36A of the Schedule of Forms annexed hereto.

3. Applications shall be brought in the County where the employer concerned ordinarily resides or carries on any profession, business or occupation.

4. All applications shall be served no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the defendant before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such Solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.

5. Notice of every application shall be given to the Tribunal. Such notice shall be effected before the filing of the application by the delivery of a copy of the application at, or by sending same by prepaid registered post to, the Office of the Secretary of the Tribunal.

6. The following documents shall be filed with the application:-

(a) a copy of the original Notice to Appeal to the Tribunal;

(b) a copy of the Notice of Appearance;

(c) a copy of the determination of the Tribunal:

(d) the original letter from the Tribunal notifying the making of communication of the said determination;

(e) a copy of any particulars provided by either party to the Tribunal.

7. Every application made by way of an appeal from a determination of the Tribunal shall contain a statement of the grounds upon which the applicant intends to rely. If the plaintiff wishes to appeal against part only of a determination of the Tribunal, the application shall clearly identify that part against which it is intended to appeal.

8. All applications shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or, if none, by himself.

9. Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the application, or to deliver copies of any documents referred to therein.

10. Save by special leave of the Court or save as otherwise provided for by the Acts, all applications under the Acts shall be heard upon oral evidence.

11. The Court may make such Order as to costs as may be appropriate, having regard to the provisions of Section 10 of the 1977 Act, including an Order measuring the costs.

12. The Secretary of the Tribunal shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

Rule 2 — Payment of Wages Act, 1991

1. In this Order “the Act” means the Payment of Wages Act, 1991 (No. 25 of 1991), and “the Tribunal” means the Employment Appeals Tribunal and “Commissioner” means a rights commissioner.

2. Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal shall, pursuant to Section 8 of the Act, be made by way of Motion on Notice in accordance with Form 36B of the Schedule of Forms annexed hereto which shall set out the grounds upon which the applicant relies for the reliefs sought and shall have annexed thereto:-

(a) a certified copy of the original decision of the Commissioner or the original determination of the Tribunal, and

(b) a certified copy of the original letter from the Commissioner or the Tribunal notifying the applicant of the making of the said decision or determination.

3. Applications shall be brought in the County where the person in whose favour the decision or determination was made, ordinarily resides.

4. All applications shall be served no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the defendant before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such Solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.

5. Notice of every application shall be given to the Tribunal and the Commissioner. Such notice shall be effected by the delivery of a copy of the application at, or by sending same by prepaid registered post to, the Office of the Secretary of the Tribunal or the Office of the Secretary of the Labour Relations Commission, as appropriate.

6. Save by special leave of the Court, all applications under Section 8 of the Act shall be heard upon oral evidence or as may be determined by the Court.

7. The Court may make such Order as to costs as may be appropriate.

8. The Secretary of the Tribunal and the Secretary of the Labour Relations Commission shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive copy of any written Judgment delivered by the Judge relating thereto.

Rule 3 — Adoptive Leave Act, 1995

1. In this Order “the Act” means the Adoptive Leave Act, 1995 (No. 2 of 1995), and “the Tribunal” means the Employment Appeals Tribunal and “Commissioner” means a rights commissioner and “the Minister” means the Minister for Justice, Equality and Law Reform.

2. Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to Section 39 of the Act, be made by way of Motion on Notice in accordance with Form 36C of the Schedule of Forms annexed hereto which shall set out the grounds upon which the plaintiff relies for the reliefs sought and shall have annexed thereto:-

(a) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal;

and

(b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the applicant with the aforementioned decision of the Commissioner or determination of the Tribunal;

(c) a copy Notice of Appeal, if applicable;

and shall set out

(i) all facts relevant to the alleged failure to carry out the decisions or determinations;

(ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed and, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.

3. Applications shall, in accordance with section 39(4) of the Act, be brought in the County where the relevant employer ordinarily resides or carries on any profession, business or occupation.

4. All applications shall be served no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the defendant before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such Solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.

5. Notice of every application shall be given to the Tribunal and the Commissioner. Such notice shall be effected before filing of the application by the delivery of a copy of the application at, or by sending the same by prepaid registered post to, the Office of the Secretary of the Tribunal or to the Rights Commissioner, Labour Relations Commission, as appropriate.

6. Save by special leave of the Court, all applications under Section 39 of the Act shall only be heard upon oral evidence or as may be determined by the Court.

7. The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

Rule 4 — Organisation of Working Time Act, 1997

1. In this Order, “the Act” means the Organisation of Working Time Act, 1997 (No. 20 of 1997), “a determination of the Labour Court” shall be interpreted having regard to the provisions of Section 29(2) of the Act and “the Minister” means the Minister for Enterprise. Trade and Employment.

2. All applications under Section 29 of the Act by way of claim for enforcement of determinations of the Labour Court by the Minister or by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member shall be made by way of Motion on Notice in accordance with Form 36D of the Schedule of Forms annexed hereto with such amendments as are appropriate which shall set out the grounds upon which the Applicant relies for the reliefs sought and which shall have annexed thereto:-

(a) the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

3. Applications shall be brought in the County where the employer concerned ordinarily resides or carries on any profession, business or occupation.

4. Notice of every application shall be given to the employer or employers in question and to the Labour Court by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 11 of these Rules, or by leaving a true copy of same at the employer's residence or place of business or by pre-paid registered post to the employer's residence or place of business and, in the case of the Labour Court, by leaving a true copy of same at the Labour Court.

5. Save by special leave of the Court, all applications under Section 29 of the Act shall be heard upon oral evidence or as may be determined by the Court.

6. The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

7. The Registrar of the Labour Court shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

Rule 5 — Parental Leave Act, 1998

1. In this Order “the Act” means the Parental Leave Act, 1998 (No. 30 of 1998), and “the Tribunal” means the Employment Appeals Tribunal and “Commissioner” means a rights commissioner and “the Minister” means the Minister for Justice, Equality and Law Reform.

2. All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as application made or proceedings taken in accordance with these Rules.

3. Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 22 of the Act, be made by way of Motion on Notice grounded upon Affidavit sworn by the party seeking enforcement of the decisions or determinations or, in the case of the Minister, by an appropriate officer duly authorised by the Minister, which said Affidavit shall exhibit

(a) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal and

(b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the Applicant with the aforementioned decision of the Commissioner or determination of the Tribunal;

(c) a copy Notice of Appeal, if applicable;

and shall set out

(i) all the facts relevant to the alleged failure to carry out the decisions or determinations;

(ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed and, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.

4. Applications shall, in accordance with section 22(4) of the Act, be brought in the County where the relevant employer ordinarily resides or carries on any profession, business or occupation.

5. Notice of every application shall be given to the employer or employers in question and to the Tribunal and the Commissioner as appropriate by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 10 of the Circuit Court Rules, 1950, as amended, or by leaving a true copy of same at the employer's residence or place of business or by pre-paid registered post to the employer's residence or place of business and by the delivery of a copy of the application at, or by sending the same by prepaid registered post to the Office of the Secretary of the Tribunal or to the Rights Commissioner, Labour Relations Commission, as appropriate.

6. Save by special leave of the Court, all applications under Section 22 of the Act shall only be heard upon Affidavit.

7. The Court may make such Order as to costs as may be appropriate.

ORDER 58

LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF 1974)

1. In this Order “the Act” means the Local Elections (Petitions and Disqualifications) Act, 1974 (No.8 of 1974). “Local Election” has the meaning assigned to it by Section 1(1) of the Act.

2. A petition in the Court to question a local election shall be commenced by Civil Bill being an Election Civil Bill in accordance with Form 2M of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 3 to 6 thereof. Such petition shall be brought in the County in which is situate the principal office of the Local Authority to which the petition relates.

3. The plaintiff shall be the Petitioner and all persons who have been served with a copy of the Civil Bill pursuant to Section 4(1) of the Act shall be defendants.

4. All Election Civil Bills shall be served in accordance with the provisions of Section 26 of the Act and shall be subject to the same Rules as to filing as apply to all other categories of Civil Bill.

5. Each defendant/respondent shall within ten days of the service of the Civil Bill enter an Appearance and within a further ten days serve on the plaintiff/petitioner and file in the office a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

6. Save by special leave of the Court every proceeding under the Act shall be tried upon oral evidence.

7. The Court shall appoint a person to attend at the hearing of every proceeding and, where necessary, to make a report, and that person shall be known as the official stenographer.

8. Every appeal on a question of law to the Supreme Court by virtue of the provisions of Subsection 3 of Section 7 of the Act shall be by way of Case Stated. A party desiring to appeal to the Supreme Court must lodge a Notice of Intention to appeal with the County Registrar within fourteen days of the date of the order appealed against. Such notice shall be in accordance with Form 38A of the Schedule of Forms annexed hereto or such modification thereof as may be necessary.

9. Every appeal by way of case stated shall be in accordance with Form 38B of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

10. Every appeal by way of case stated shall be prepared by the appellant, settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:-

(a) A Summary of the relevant facts of the proceedings.

(b) The grounds of appeal.

11. The Rules of the Superior Courts relating to service and entry of an appeal to The Supreme Court (contained in Order 58 thereof), shall be adopted and apply to service and entry of every appeal by way of case stated herein.

12. (1) The official stenographer shall at the conclusion of the hearing of the proceedings, sign the shorthand note taken by him and certify the same to be complete and correct.

(2) On request by the County Registrar the official stenographer shall furnish to him a report comprising the original shorthand note and a transcript of the whole of such note or such part thereof as may be required.

(3) The transcript shall be typewritten and certified by the person making the same, whether the official stenographer or some other person, to be a complete and correct transcript of the whole or such part as may be required of the shorthand note taken by the official stenographer.

(4) The report of the official stenographer shall contain the evidence, any objection taken in the course thereof, and the judgment of the Judge but shall not unless otherwise ordered by the Judge include any part of the speeches of Solicitor or Counsel.

(5) A party interested in an appeal may obtain from the County Registrar a copy of the transcript prepared for the purposes of the appeal on payment of the proper charges.

13. Every application for the opinion of the Supreme Court on any question of law arising at the trial of an action by virtue of the provisions of Subsection 1 of Section 23 of the Act shall be by way of consultative case stated.

14. Every consultative case stated shall be in accordance with Form 38C of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

15. Every consultative case stated shall be prepared by the party applying for same or by the party nominated by the trial Judge and shall be settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:

(a) A Summary of the relevant facts of the proceedings.

(b) The question of law arising at the trial upon which the opinion of the Supreme Court is sought.

16. The Rules of the Superior Courts relating to cases stated to the Supreme Court contained in Rule 2(2), of Order 59 thereof shall be adopted and apply to every consultative case stated herein.

17. (1) Every application to the Court for leave to withdraw an Election Civil Bill shall be by Notice of Motion in accordance with Form 38D of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 9 to 12 thereof.

(2) Copies of the two newspapers in which the notice of intention to apply to the Court for leave to withdraw the Election Civil Bill has been inserted in accordance with the provisions of Subsection 3 of Section 9 of the Act shall be lodged with the County Registrar immediately upon issue.

18. An Application to the Court under Subsection (3) of Section 13 of the Act may be made ex parte.

19. In every proceedings to which this Order applies the Judge may make all such Orders as to costs as may be just and reasonable having regard to the provisions of Section 21 and 22 of the Act.

ORDER 59

FAMILY LAW

Rule 1 — Appointment of registered father as guardian

1. This Order provides for a special procedure for the determination of an application by the father to be appointed as guardian of an infant where:

(a)      The mother consents in writing to the appointment of the father as guardian, and

(b) the father is registered as the father in a Register maintained under the Births and Deaths Registration Acts, 1863 to 1987.

2. Every application under this Order shall be brought in the County where the applicant or the infant to whom the application relates ordinarily resides or carries on any profession, business or occupation.

3. All proceedings under this Order shall be instituted by the issue, out of the Office, of an originating Motion.

4. All applications made with the consent in writing of the mother pursuant to section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987 ) shall be brought in accordance with Form 37E of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself.

5. On the issue of an originating Motion, a copy thereof shall be filed and the County Registrar shall thereupon enter the same and cause the same to be listed on the return date mentioned therein. It shall not be necessary in the first instance to give notice of the application to the mother save that, in cases where the mother has not completed a Statutory Declaration in Form 37F of the Schedule of Forms annexed hereto or a suitable modification thereof or in the absence of the appearance of the mother in Court on the return date, the Judge may in his discretion adjourn the said application and may direct that notice thereof be served upon the mother and may give such further or other directions as to the hearing of the said application as may to him seem appropriate in the circumstances of the case.

7. Every application under this Order shall be heard on oral evidence. It will be necessary for the applicant to produce suitable evidence of the consent in writing of the mother, and a certified copy of the entry in the Register maintained under the Births and Deaths Registration Acts, 1863 to 1987, showing that the applicant is registered as the father of the infant to whom the application relates.

8. Every application under this Order shall be heard otherwise than in public.

Rule 2 — Declaration of Parentage

1. Every application under this Order shall be brought in the County where any party to the application ordinarily resides or carries on any profession, business or occupation, or, where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, before the Dublin Circuit.

2. All proceedings under this Order shall be instituted by the issue, out of the Office of the County Registrar, of a Family Law Civil Bill.

3. Every Family Law Civil Bill containing an application made pursuant to Section 35 of the Status of Children Act, 1987 , shall be brought in accordance with Form 2N of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his Solicitor, if any, or if none, by himself, save that where the applicant is under eighteen years of age on the date of the institution of proceedings, the Family Law Civil Bill shall bear the name, address and description of the next friend of the applicant and shall be signed by the Solicitor of the next friend, if any, or if none, by the next friend. Every Family Law Civil Bill issued pursuant to this Order shall contain the following information where applicable, and where not applicable, that fact shall be stated:

(a) The address within the State where every party to the proceedings resides or carries on any profession, business or occupation.

(b) The date of birth of the applicant.

(c) The place of birth of the applicant.

(d) If the place of birth of the applicant is not within the State, the reasons for seeking the declaration from the Court.

(e) The name and address of the person named as the father of the applicant.

(f) Whether the person named as the father of the applicant is or is not alive.

(g) The name and address of the person named as the mother of the applicant.

(h) Whether the person named as the mother of the applicant is or is not alive.

(i) In respect of each person named as father or mother, a brief statement of the grounds upon which it is alleged that the said person is the father or mother of the applicant.

4. Any person or persons named as father or mother of the applicant shall be named as respondents to the proceedings, unless he or she is the next friend of the applicant for the purpose of the said application. If any person who would otherwise be named as respondent is not alive or is not available for service of proceedings within the jurisdiction, then the application may be made in the first instance without service on that person. In every case the Court may direct that notice of any proceedings under this Order shall be given to such person or persons as the Court thinks fit and the Court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings. Such notice shall be given by service upon such person to be notified of a true copy of Family Law Civil Bill and of notice of the making of the order directing the giving of such notice.

5. On the issue of a Family Law Civil Bill pursuant to this Order, a copy thereof shall be filed and the County Registrar shall thereon enter the same.

6. Every Family Law Civil Bill issued pursuant to this Order shall be served by sending a copy of the same by prepaid ordinary post addressed to the respondent (or party directed to be notified as aforesaid) at his last known place of residence, or alternatively, may be served personally on the respondent or such person to be notified by any person over the age of eighteen years. Service by post shall be deemed to have been effected on the second day following the day of posting. An affidavit of service of every Family Law Civil Bill shall be sworn and shall be filed in the Office. Where it is difficult or impossible to serve any such respondent or other person within the jurisdiction, the Court or the County Registrar may make an Order for substituted service or for service outside the jurisdiction of the said Family Law Civil Bill or notice thereof or for both substituted service and service outside the jurisdiction.

7. If the respondent or any person served with notice of the said Family Law Civil Bill or any person who has been made a party to the said proceedings wishes to dispute, wholly or in part, the claim of the applicant or any of the information set out on the Family Law Civil Bill, he shall, within ten days of the service on him of the said Civil Bill or within such further time as the Court may allow, serve upon the applicant or his Solicitor a Defence in Form 6A in the Schedule of Forms hereto or such modification thereof as may be appropriate. A true copy of such Defence shall be filed at the Office and served on every other party to the said proceedings within two days after the service thereof upon the applicant or his Solicitor. If default is made in serving and/or filing any Defence, the Court may on application made by Motion on notice to the party in default give judgment on the Civil Bill or direct that the application proceed on the footing that the matters set out in the Civil Bill be deemed to be admitted by the party in default, upon the Court being satisfied that the said party in default was served with notice of the said application at least four clear days prior to the hearing thereof.

8. On the return date fixed therefor, or on any adjourned date, the Court may give such direction or directions as it may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the provision of information, the sending of papers to the Attorney General, the adding of the Attorney General or any other person as a party to the proceedings, the notification of the application to any person, and any other matter in relation to which applications or directions are provided by Part VI of the Status of Children Act, 1987 .

9. Save where the Court otherwise directs, every proceeding under this Order shall be heard on oral evidence. On the hearing of every proceeding the Court may direct that the whole or any part thereof shall be heard otherwise than in public, and an application for a direction under this Rule shall be so heard unless the Court otherwise directs.

10. Every application made pursuant to section 35 (v) (for a direction that papers be sent to the Attorney General) or section 35 (vii) (ordering that a person be added as a party to the proceedings) of the Status of Children Act, 1987 , and every application for judgment pursuant to Rule 7 shall, without prejudice to the power of the Court to act of its own motion, be made by Motion on notice to such parties as are affected thereby, which notice shall be served at least four clear days before the hearing of such Motion. Service by post shall be deemed to have been effected on the second day following the day of posting.

11. Any declaration made under this Order shall be made in Form 37G of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. A copy of every declaration made under this Order shall be furnished by the County Registrar to An tÁrd-Chláraitheóir within ten days of the making of such declaration.

Rule 3 — Blood Tests where Parentage is in Issue

1. Every application made pursuant to Section 38 of the Status of Children Act, 1987 , for a direction for the use of blood tests shall, without prejudice to the power of the Court to make a direction of its own motion, be made by Motion on Notice in accordance with Form 37H of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. Such notice of motion shall be headed up with the title of the proceedings in which the application is brought and shall specify the name of the person whose parentage is in dispute and shall set out the full name and address and date of birth of each person from whom it is proposed that a blood sample be taken.

2. The notice of motion shall be served on every person from whom it is proposed that a blood sample be taken at least four clear days before the date fixed for the hearing thereof. Service by post shall be deemed to have been effected on the second day after the day of posting.

3. Every said application shall be heard on oral evidence, unless the Court otherwise allows or directs.

4. Every direction under section 38 (1) shall be in Form 371 of the Schedule of Forms annexed hereto.

5. Where blood samples have been tested pursuant to section 40 of the Act, no party to the proceedings shall, unless the Court otherwise directs, be entitled to call as a witness the person under whose control the blood samples were tested or any person by whom anything necessary for the purpose of enabling these tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves a notice in Form 37J of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate on the other parties to the proceedings or on such of them as the Court may direct, of his intention to call that person as a witness.

Rule 4 —

Guardianship of Infants Act, 1964

Family Law (Maintenance of Spouses and Children) Act, 1976

Family Home Protection Act, 1976

Judicial Separation and Family Law Reform Act, 1989

Family Law Act, 1995

Family Law (Divorce) Act, 1996

Children Act, 1997

Introduction, Substitution and Revocation

1. In this Order “the 1996 Act” means the Family Law (Divorce) Act, 1996 (No. 33 of 1996) and

“the 1995 Act” means the Family Law Act, 1995 (No. 26 of 1995) and “the 1989 Act” means the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989) and “the 1964 Act” means The Guardianship of Infants Act, 1964 (No. 7 of 1964), “the 1997 Act” means The Children Act, 1997 (No. 40 of 1997), “the 1976 Act” means The Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976) and “the Second 1976 Act” means The Family Home Protection Act, 1976 (No. 27 of 1976).

Venue

2. Any proceedings under this Order shall be brought in the county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

Commencement

3. (a) All proceedings for divorce, judicial separation, relief after foreign divorce or separation outside the State, nullity, declarations of marital status, the determination of property issues between spouses pursuant to section 36 of the 1995 Act/formerly engaged couples pursuant to section 44 of the 1996 Act, relief pursuant to section 25 of the 1995 Act, section 18 of the 1996 or section 15A of the 1995 Act, relief pursuant to the 1964 Act, relief pursuant to the 1997 Act, relief pursuant to the 1976 Act or relief pursuant to the Second 1976 Act under this Order shall be instituted by the issuing out of the office of the County Registrar for the appropriate county of the appropriate Family Law Civil Bill in accordance with Form 2N of the Schedule of Forms annexed hereto with such modifications thereto as may be appropriate in the format and manner hereinafter provided save that no Family Law Civil Bill for relief after foreign divorce or separation outside the State shall be issued until requirements set down in Rule 4(b) of these Rules have been complied with. Upon issue, the Family Law Civil Bill shall be served in a manner provided for hereunder.

(b) No proceedings for a relief order after foreign divorce or separation outside the State shall issue without the leave of the appropriate Court in accordance with section 23(3) of the 1995 Act. Such application for leave to issue proceedings shall be made ex parte by way of ex parte docket grounded upon the Affidavit of the Applicant or another appropriate person. The aforementioned Affidavit shall exhibit a draft of the Family Law Civil Bill for relief after divorce or separation outside the State which the Applicant seeks leave to issue as well as the foreign divorce or separation decree, shall set forth fully the reasons why relief is being sought and shall make specific averment to the fact that, to the knowledge, information and belief of the Applicant, the jurisdictional requirements of section 27 of the 1995 Act are complied with in the particular case, specifying the particular basis of jurisdiction being relied upon.

Form of Proceedings

4. Every Family Law Civil Bill shall be in numbered paragraphs setting out the relief sought and the grounds relied upon in support of the application. The Civil Bill shall be in accordance with the form set out in Form 1 herein or such modification thereof as may be appropriate, subject to the requirements hereinafter set out.

(a) A Family Law Civil Bill for a Decree of Divorce shall, in all cases, include the following details:

(i) the date and place of marriage of the parties;

(ii) the length of time the parties have lived apart, including the date upon which the parties commenced living apart, and the addresses of both of the parties during that time, where known;

(iii) details of any previous matrimonial relief sought and/or obtained and details of any previous separation agreement entered into between the parties (where appropriate a certified copy of any relevant court order and/or deed of separation/separation agreement should be annexed to the Civil Bill):

(iv) the names and ages and dates of birth of any dependent children of the marriage;

(v) details of the family home(s) and/or other residences of the parties including, if relevant, details of any former family home/residence to include details of the manner of occupation/ownership thereof;

(vi) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

(vii) the basis of jurisdiction under the 1996 Act;

(viii) the occupation(s) of each party;

(ix) the grounds relied upon for the relief sought;

(x) each section of the 1996 Act under which relief is sought.

(b) A Family Law Civil Bill for a Decree of Judicial Separation shall, in all cases, include the following details:

(i) the date and place of marriage of the parties;

(ii) the names and ages and dates of birth of any dependent children of the marriage;

(iii) details of the family home(s) and/or other residence of the parties including, if relevant, details of any former family home/residence to include details of the manner of occupation/ownership thereof;

(iv) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

(v) the basis of jurisdiction under the Act;

(vi) the occupation(s) of each party;

(vii) the grounds relied upon for the decree and any other relief sought;

(viii) each section of the Act under which relief is sought including whether or not an Order pursuant to section 54 (3) of the 1995 Act is sought.

(c) A Family Law Civil Bill for relief after foreign divorce or separation outside the State pursuant to section 23 of the 1995 Act shall, in all cases, include the following details:

(i) the date and place of marriage and divorce/separation of the parties (a certified copy of the decree absolute or final decree of divorce/separation together with, where appropriate, an authenticated translation thereof shall be annexed to the Family Law Civil Bill);

(ii) financial and property and custodial/access arrangements operating ancillary to the said decree, whether such arrangements were made by agreement or by Order of the Court or otherwise and whether such arrangements were made contemporaneous to the decree or at another time and the extent of compliance therewith;

(iii) the names and ages and dates of birth of any dependent children of the marriage;

(iv) the family home and/or other residence of the parties including, if relevant, details of any former family home/residence to include details of the manner of occupation/ownership thereof;

(v) where reference is made in the Civil Bill to any immovable property within the State, whether it is registered or unregistered land and a description of the land/premises so referred to;

(vi) the basis of jurisdiction under section 27 of the 1995 Act;

(vii) the present marital status and occupation(s) of each party;

(viii) the grounds relied upon for the relief sought;

(ix) each section of the 1995 Act under which relief is sought;

(x) details relevant to the matters referred to in section 26 of the 1995 Act;

(d) A Family Law Civil Bill for nullity shall, in all cases, include the following details:

(i) the date and place of marriage of the parties:

(ii) the domicile of the spouses on the date of the marriage and on the date of the institution of proceedings and, where either spouse has died prior to the institution of proceedings, the domicile of the said spouse at the date of death;

(iii) whether or not the spouses or either of them has been ordinarily resident in the State throughout the period of one year prior to the date of institution of proceedings and, where either spouse has died prior to the institution of proceedings, whether or not the said spouse was ordinarily resident in the State throughout the period of one year prior to his death;

(iv) the address and description of each party;

(v) the number of children of the marriage;

(vi) the grounds upon which decree and any other relief is sought;

(vii) the relief sought (including whether or not a declaration relating to the custody of a dependent member of the family pursuant to section 46 of the 1995 Act is being sought) and the issues to be tried.

(e) A Family Law Civil Bill for Declaration of Marital Status shall, in all cases, include the following details:

(i) the nature of the Applicant's reason for seeking such a declaration;

(ii) full details of the marriage/divorce/annulment/legal separation in respect of which the declaration is sought including the date and place of such marriage/divorce/annulment/legal separation (where possible, a certified copy of the marriage certificate/decree of divorce/annulment/legal separation should be annexed to the Civil Bill);

(iii) the manner in which the jurisdictional requirements of section 29(2) of the 1995 Act are satisfied;

(iv) particulars of any previous or pending proceedings in relation to any marriage concerned or to the matrimonial status of a party to any such marriage in accordance with section 30 of the 1995 Act;

(v) the relief being sought;

(vi) any other relevant facts.

(f) A Family Law Civil Bill for the determination of property issues between spouses, pursuant to section 36 of the 1995 Act/formerly engaged persons, pursuant to section 44 of the 1996 Act, shall, in all cases, include the following:

(i) the description, nature and extent of the disputed property or monies;

(ii) the state of knowledge of the Applicant spouse in relation to possession and control of the disputed property or monies at all relevant times;

(iii) the nature and extent of the interest being claimed by the Applicant in the property or monies and the basis upon which such a claim is made;

(iv) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;

(v) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

(vi) the manner in which it is claimed that the Respondent spouse has failed, neglected or refused to make to the Applicant spouse such appropriate payment or disposition in all of the circumstances and details of any payment or disposition made;

(vii) that the time limits referred to at section 36(7) of the 1995 Act have been complied with;

(viii) any other relevant matters.

(g) A Family Law Civil Bill for relief pursuant to section 18 of the Family Law (Divorce) Act, 1996 or section 15A or section 25 of the Family Law Act, 1995 shall, in all cases include the following details:

(i) the date and place of marriage and the date of any decree of divorce/judicial separation and the marriage certificate and a certified copy of the decree of divorce/separation shall be annexed to the Civil Bill (with authenticated translations, where appropriate);

(ii) details of previous matrimonial relief obtained by the Applicant and in particular lump sum maintenance orders and property adjustment orders, if any;

(iii) details of any benefits previously received from or on behalf of the deceased spouse whether by way of agreement or otherwise and details of any benefits accruing to the Applicant under the terms of the Will of the deceased spouse or otherwise;

(iv) the date of death of the deceased spouse, the date on which representation was first granted in respect of the estate of the said spouse and, if applicable, the date upon which notice of the death of the deceased spouse was given to the Applicant spouse and the date upon which the Applicant spouse notified the personal representative of his/her intention to apply for relief pursuant to section 18(7) of the 1996 Act and section 15A(7) of the 1995 Act;

(v) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;

(vi) the marital status of the deceased spouse at the date of death and the marital status of the Applicant at the date of the application and whether the Applicant has remarried since the dissolution of the marriage between the Applicant and the deceased spouse;

(vii) details of all dependents of the deceased spouse at the date of death and of all dependents of the Applicant at the date of the application together with details of any other interested persons;

(viii) that no order pursuant to section 18(10) of the 1996 Act or section 15A(10) of the 1995 Act has previously been made;

(ix) details of the value of the estate of the deceased spouse, where known;

(x) any other relevant facts.

Applications pursuant to section 15A(6) or section 25(7) of the 1995 Act or section 18(6) of the 1996 Act by the personal representative in relation to the distribution of the estate shall be by motion, grounded on affidavit, on notice to the applicant spouse and such other persons as the Court shall direct.

(h) A Family Law Civil Bill for relief under the 1964 Act or the 1997 Act shall in all cases contain the following details:

(i) the precise reliefs being sought;

(ii) whether the Applicant is the mother or the father or some other relative of the infant;

(iii) whether the Respondent is the mother or the father or some other relative of the infant;

(iv) details of the guardians of the infant;

(v) the residential address and occupation of the Applicant and the Respondent;

(vi) the grounds upon which the application is being made;

(vii) the date of birth and place of residence of the infant together with all other relevant details relating to the infant;

(viii) any other relevant information.

(i) A Family Law Civil Bill for relief under the 1976 Act shall in all cases contain the following details:

(i) the precise reliefs being sought and the persons in respect of whom they are being sought;

(ii) the residential address and occupation of the Applicant and the Respondent;

(iii) the relationship between the Applicant and the Respondent and the persons in respect of whom the application is being made;

(iv) date of marriage (if applicable) including details of the date and place of marriage;

(v) names and dates of birth of all children concerned in the application together with their places of residence;

(vi) the nature of the failure to maintain being asserted;

(vii) any relevant change of circumstances (if applicable);

(viii) any other relevant circumstances;

(j) A Family Law Civil Bill for relief under the Second 1976 Act shall in all cases contain the following details:

(i) the address and description of the family home;

(ii) the date and place of marriage of the parties;

(iii) the residential address and occupation of the Applicant and the Respondent (if known);

(iv) the relief being sought and the facts intended to be relied upon;

(v) the rateable valuation of the premises;

(vi) any other relevant circumstances.

5. All Family Law Civil Bills shall be dated and shall bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by the party's Solicitor, if any, or, where the Applicant does not have a Solicitor, by that party personally. The address to which a Respondent should apply in order to receive information in relation to legal aid shall also be included in such Civil Bills.

Issuing and Entry

6. On the issuing of a Family Law Civil Bill the original thereof shall be filed, together with the appropriate certificate (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in the intended action sworn by the Applicant in compliance with Rules 17 and 18 hereof and, in all circumstances where there are dependent children, an Affidavit of Welfare in the intended action in compliance with Rule 19 hereof, and the County Registrar shall thereupon enter same.

Service

7. (a) All Family Law Civil Bills shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years together with the appropriate certificate in the form set out in Form 37D of the Schedule of Forms annexed hereto (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in compliance with Rules 17 and 18 hereof in the form set out in Form 37A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 19 hereof in the form set out in Form 37B of the Schedule of Forms annexed hereto. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought, notice thereof in accordance with Form 37C of the Schedule of Forms annexed hereto shall also be served on the trustees of the pension scheme in question by registered post at their registered office or other appropriate address and an Affidavit of such Service sworn and filed within fourteen days of service of the Civil Bill. Service shall be endorsed upon all Family Law Civil Bills in accordance with the provisions of Order 10 Rule 21 of these Rules. All other pleadings may be served by ordinary pre-paid post.

(b) In all cases in which a declaration of marital status under Section 29 of the 1995 Act is sought, the Family Law Civil Bill shall, in addition to the provisions of Rule 8(a) hereof, be served upon the parties to the marriage or, where no longer living, their personal representatives (all of whom shall be parties to the proceedings) and to such other persons as the Court may direct, including the Attorney General, in accordance with the provisions as to service of Family Law Civil Bills herein before set out in respect of the Respondent to proceedings which said persons (excepting the Attorney General) may be made parties to the application in accordance with section 29(6) of the 1995 Act. The Attorney General shall, however, be entitled to interplead in such proceedings.

(c) Where relief is sought pursuant to sections 15A or 25 of the 1995 Act or section 18 of the 1996 Act, the Family Law Civil Bill shall be served in accordance with these rules on the personal representative of the deceased and on the spouse (if any) of the deceased and on such other person or persons as the Court shall direct.

(d) Where, in any application pursuant to this Order, it is appropriate to direct an Order to any third person who is not a party to the proceedings, the Court may if it thinks fit adjourn the matter and direct the Applicant or the Respondent to notify the third person against whom an Order is sought of the fact that an Order is sought against him and of the adjourned date, so that this said third person may appear and be heard in relation to the making of the said Order. Alternatively, the Court may, when making an Order directed to any third person, provide, in the said Order, that the said third person should have liberty to apply to the Court on notice to the Applicant and the Respondent to set aside the Order made insofar as it is directed against or relates to the said third person.

Appearance

8. If a Respondent intends to contest the application, or any part thereof, he/she shall enter an Appearance in the Office within 10 days of the service upon him/her of the Family Law Civil Bill together with the appropriate certificate in the form set out in Form 37D of the Schedule of Forms annexed hereto (pursuant to section 6 of the 1989 Act and section 7 of the 1996 Act), and shall serve a copy of the Appearance and appropriate certificate on the Applicant's Solicitors or, where appropriate, on the Applicant. The Appearance shall bear an address for service of any interlocutory applications and shall be signed by the Respondent's Solicitor or, if the Respondent does not have a Solicitor, by the Respondent personally.

Defence

9. (a) A Respondent shall at the same time as entering an Appearance, or within 10 clear days from the date of service of the Appearance, or such further time as may be agreed between the parties or allowed by the Court, file and serve a Defence, together with an Affidavit of Means in compliance with Rules 17 and 18 hereof and, in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 19 hereof on the Applicant, or the Applicant's Solicitor, if any, and on the County Registrar in the forms set out in Forms 37A and 37B of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought by way of Counterclaim, notice thereof in accordance with Form 37C of the Schedule of Forms annexed hereto shall also be served on the trustees of the pension scheme in question by registered post at their registered office and a Affidavit of such Service sworn and filed within 7 days of service of the Defence and Counterclaim.

(b) No Appearance or Defence shall be entered after the time specified in these Rules without the leave of the Court or of the County Registrar or the agreement of the parties, and no Defence shall be entered unless the Respondent has previously entered an Appearance as required by these Rules.

(c) Whether or not a Defence is filed and served in any proceedings, the Respondent shall, where appropriate, in any event be obliged to file and serve an Affidavit of Means and a Welfare Statement in accordance with these Rules of Court within 20 days after the service of the Family Law Civil Bill upon him/her subject to Rule 36 hereof.

(d) Without prejudice to the entitlement of the Court to permit representations in relation to the making or refusal of an attachment of earnings order at the hearing of the action, such representations for the purposes of section 8(6)(b) of the 1995 Act or section 13(6)(b) of the 1996 Act or section 10 (3)(a) of the Family Law (Maintenance of Spouses and Children) Act, 1976 may be included in the Defence.

Motions for Judgment

10. (a) In any case in which a Respondent has made default in entering an Appearance or filing a Defence, as the case may be, the Applicant may, subject to the provisions of the following sub-rules of this Rule, at any time after such default, on notice to be served on the Respondent and, where relief pursuant to section 12 and/or 13 of the 1995 Act and section 17 of the 1996 Act is sought, on the trustees of the pension scheme concerned, not less than fourteen clear days before the hearing, apply to the Court for judgment in default of appearance/defence.

(b) No notice of motion for Judgment in default of defence shall be served unless the Applicant has at least fourteen days prior to the service of such notice written to the Respondent giving him notice of his/her intention to serve a notice of motion for Judgment in default of appearance/defence and at the same time consenting to the late filing of a Defence within fourteen days from the date of the letter.

(c) If no defence is delivered within the said period the Applicant shall be at liberty to serve a notice of motion for Judgment in default of defence which shall be returnable to a date not less than fourteen clear days from the date of the service of the notice, such notice of motion to be filed not later than six days before the return date.