S.I. No. 471/2016 - Rules of the Superior Courts (Order 122) 2016 .

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th September, 2016.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 21st day of July, 2016.

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

Dated this 12th day of September, 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 471 of 2016

RULES OF THE SUPERIOR COURTS (ORDER 122) 2016

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Order 122) 2016, shall come into operation on the 10th day of October 2016.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.

2. The Rules of the Superior Courts are amended by the substitution for rules 4 and 5 of Order 122 of the following rules respectively:

“4.Subject to rule 5, a party may deliver or amend a pleading during the Long vacation.

5. Save on consent of the parties or by direction of the Court, the month of August shall not be reckoned in the computation of the times appointed or allowed by these Rules for amending, or delivering a pleading.”

EXPLANATORY NOTE

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

These rules amend Order 122, rules 4 and 5 of the Rules of the Superior Courts to enable the delivery or amendment of pleadings during the Long vacation and to reduce the period during that vacation which is not reckonable in computing the time for amending or delivering a pleading.