← Ireland

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

S.I. No. 510/2001 - Circuit Court Rules, 2001. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2001 S.I. No. 510/2001 - Circuit Court Rules, 2001. S.I. No. 510/2001 - Circuit Court Rules, 2001. AmendmentsLeasuithe 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 Page INTERPRETATION OF TERMS ... ... ... 1 ANNULMENT OF EXISTING RULES ... ... ... 2 Order 1 SITTINGS, LANGUAGE AND OFFICE HOURS 3 2 VENUE ... ... ... ... ... ... ... 5 3 JUDGES' ROBES AND MODE OF ADDRESS TO THE JUDGES ... ... ... ... ... ... 7 4 COURT SEAL ... ... ... ... ... ... 9 5 COMMENCEMENT OF PROCEEDINGS ... ... 11 6 PARTIES ... ... ... ... ... ... ... 15 7 THIRD PARTY PROCEDURE ... ... ... 19 8 ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN ... ... ... ... 21 9 JOINDER OF CLAIMS ... ... ... ... ... 23 10 INDORSEMENT OF CLAIM ... ... ... ... 25 11 ISSUE OF CIVIL BILL, SERVICE AND ENTRY 27 12 RENEWAL OF CIVIL BILL ... ... ... ... 31 13 SERVICE OUT OF THE JURISDICTION ... ... 33 14 SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1998 ... ... ... ... 37 15 APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND COUNTERCLAIM ... ... ... ... ... ... 41 16 SECURITY FOR COSTS ... ... ... ... ... 47 17 PARTICULARS AND FURTHER PARTICULARS IN CLAIM OR DEFENCE ... ... ... ... 49 (
  4. vi)18 COUNTY REGISTRAR ... ... ... ... ... 51 19 SIDE-BAR APPLICATIONS ... ... ... ... 55 20 SITTINGS IN CHAMBERS AND INTERLOCUTORY APPLICATIONS ... ... ... ... ... 57 21 DISCONTINUANCE ... ... ... ... ... 59 22 CHANGE OF PARTIES ... ... ... ... ... 61 23 EVIDENCE ... ... ... ... ... ... ... 63 24 ATTENDANCE OF WITNESSES ... ... ... 65 25 AFFIDAVITS ... ... ... ... ... ... 67 26 JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY OF GOODS AND CHATTELS ... ... ... 71 27 JUDGMENT BY DEFAULT IN CASES NOT COMING WITHIN THE PRECEDING ORDER ... ... 73 28 SUMMARY JUDGMENT ... ... ... ... 75 29 JUDGMENT BY CONSENT IN THE OFFICE 77 30 REVIEW OF JUDGMENTS ... ... ... ... 79 31 ADMISSIONS ... ... ... ... ... ... 81 32 DISCOVERY AND INSPECTION OF DOCUMENTS AND INTERROGATORIES ... ... ... 83 33 TRIAL ... ... ... ... ... ... ... 85 34 ORDER AS TO TRIAL OF SEPARATE ISSUES 87 35 TRANSFER OF ACTIONS ... ... ... ... 89 36 EXECUTION ... ... ... ... ... ... 91 37 ATTACHMENT AND COMMITTAL ... ... 95 38 ATTACHMENT OF DEBTS BY GARNISHEE 97 39 RECEIVER BY WAY OF EQUITABLE EXECUTION ... ... ... ... ... ... 99 (vii) 40 INTERPLEADER ... ... ... ... ... ... 101 41 APPEALS FROM THE DISTRICT COURT ... 105 42 APPEALS TO THE COURT OF CRIMINAL APPEAL ... ... ... ... ... ... ... 107 43 SALES ... ... ... ... ... ... ... 109 44 SECURITY ... ... ... ... ... ... ... 111 45 ADMINISTRATORS PENDENTE LITE AND RECEIVERS ... ... ... ... ... ... 113 46 THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE TRUSTEE ACTS ... ... ... ... ... ... 115 47 PERSONS OF UNSOUND MIND ... ... ... 119 48 ACCOUNTS ... ... ... ... ... ... ... 123 49 INTOXICATING LIQUOR LICENCES ... ... 127 50 PROBATE ACTIONS ... ... ... ... ... 129 51 LANDLORD AND TENANT ... ... ... ... 131 52 MALICIOUS INJURIES ... ... ... ... ... 135 53 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 139 54 HOUSING ACT, 1966 ... ... ... ... ... 141 55 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979 (NO. 27 OF 1979) ... ... ... ... 143 56 PLANNING ... ... ... ... ... ... ... 145 57 EMPLOYMENT ... ... ... ... ... ... 151 58 LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF 1974) ... ... ... ... ... ... ... ... 157 59 FAMILY LAW ... ... ... ... ... ... 161 (viii) 60 DATA PROTECTION ... ... ... ... ... 191 61 PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1998 ... ... ... ... ... ... ... 193 62 CASES STATED ... ... ... ... ... ... 195 63 TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT COURT ... ... ... ... ... ... 197 64 MOTIONS ... ... ... ... ... ... ... 199 65 AMENDMENTS ... ... ... ... ... ... 201 66 COSTS ... ... ... ... ... ... ... 203 67 GENERAL ... ... ... ... ... ... ... 209 68 SEX OFFENDERS ACT, 2001 ... ... ... ... 211 SCHEDULE A RULES WHICH ARE ANNULLED BY THESE RULES 213 SCHEDULE B FORMS 215 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. (Signed): Esmond Smyth (Chairman of the Circuit Court Rules Committee) Kieran O'Connor Carroll Moran Anne Dunne Fergal Foley Joe Deane Gerard Doherty Susan Ryan (Secretary) I concur in the making of the above Rules of Court. Dated this 15th day of November, 2001. (Signed): JOHN O'DONOGHUE, Minister for Justice, Equality and Law Reform. 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.
  1. “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.
  2. “The Court” means the Circuit Court as established by the Principal Act and any subsequent amendments thereto.
  3. “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.
  4. “Decree” means the Order of the Court embodying its Judgment.
  5. “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.
  6. “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.
  7. “The Judge” means a Judge of the Circuit Court.
  8. “Judgment” means, as the context permits or requires, the decision or order of the Court or of a Judge in any proceeding.
  9. “The Minister” means the Minister for Justice, Equality and Law Reform.
  10. “Oath” includes solemn affirmation and statutory declaration.
  11. “Office” or “the Office” means the Office of the Court in any County.
  12. “official address” has the meaning provided for in Part III paragraph 5 of the Ninth Schedule to the 1998 Act.
  13. “Originating document” includes every document by which proceedings in the Court are instituted.
  14. “Party” includes any person entitled to appear and be heard in relation to any action, application, suit or other proceeding.
  15. “Person” includes a firm and a body corporate or politic.
  16. “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.
  17. “Solicitor” includes a firm of Solicitors or any partner therein.
  18. “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act,
  20. “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,
  21. 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
  22. 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 .
  23. 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.
  24. 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.
  25. 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.
  26. 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.
  27. Either the National language or the English language may be used in any Court document, or at the hearing of any cause or matter.
  28. 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)(
  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; (
  2. 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; (
  3. 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
  4. 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:— (
  5. a)the given or first name, surname, occupation and residence or place of business of the plaintiff. (
  6. 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:— (
  7. 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; (
  8. 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; (
  9. c)stating the abandonment of any part of a claim, if the plaintiff desires abandonment in order to bring the claim within the jurisdiction; (
  10. d)where the plaintiff sues in a representative capacity, stating the capacity in which he sues; and (
  11. 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: (
  1. 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 (
  2. 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 (
  3. 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”) (
  4. a)that he is entitled to contribution or indemnity; (
  5. 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; (
  6. 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(
  7. 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)(
  1. 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:— (
  2. 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 (
  3. 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 (
  4. c)any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or (
  5. 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 (
  6. 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— (
  7. i)made within the jurisdiction, or (
  8. 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 (
  9. 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 (
  10. g)the action is founded on a tort committed within the jurisdiction; or (
  11. 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 (
  12. 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 (
  13. 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 (
  14. k)the proceeding is an interpleader proceeding relating to property within the jurisdiction; or (
  15. 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 (
  16. 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 (
  17. e)of this Rule) any personal judgment or order for payment of any moneys due under the mortgage; or (
  18. 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; (
  19. 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:— (
  20. a)that the Court shall have jurisdiction to entertain any proceeding in respect of such contract; and also, or in the alternative, (
  21. 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: (
  22. 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 (
  23. ii)No proceedings between the parties concerning the same cause of action is pending between the parties in another contracting state; and (iii) either — (
  24. a)the defendant or other person to be served is domiciled in Ireland or in any other contracting state, or (
  25. 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 (
  26. 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. (
  27. 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 (
  28. v)below. (
  29. 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. (
  30. 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). (
  31. 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. (
  32. 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— (
  33. i)35 days where a Civil Bill or notice thereof is to be served in the European territory of another contracting state, or (
  34. 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. (
  35. 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. (
  36. 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. (
  37. 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. (
  38. 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 (
  39. i)any date not later than the date of the Notice of Trial or (
  40. 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. (
  41. 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 (
  42. i)any date not later than the date of the Notice of Trial, or (
  43. 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. (
  44. 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 (
  45. i)at a date not later than the date of the Notice of Trial or (
  46. 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. (
  47. 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 (
  48. i)at a date not later than the date of the Notice of Trial or (
  49. 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: (
  1. a)a Minister of Government; or (
  2. b)the Attorney General; or (
  3. c)the Government; or (
  4. d)the State; or (
  5. e)any party in respect of whom the State is providing an indemnity; or (
  6. 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 (
  7. g)the Motor Insurers Bureau; or (
  8. 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
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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
  12. 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: (
  1. i)Any order which may be made as of course. (
  2. 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. (
  3. iv)An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories. (
  4. v)An order for the appointment or the discharge of a receiver in uncontested applications. (
  5. 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. (
  6. 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. (
  7. x)An order adding or substituting a party in any proceeding. (
  8. 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. (
  9. 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. (
  10. 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:— (
  11. i)for the appointment of a guardian ad litem of an infant, or of a person of unsound mind not so found; (
  12. 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; (
  13. iv)to make a conditional order absolute on certificate of no cause; (
  14. v)to deem good the service of a Civil Bill or other originating document under Order 11 Rule 13; (
  15. 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; (
  16. ix)for the renewal of a Civil Bill or other originating document as provided for in Order 12 hereof; (
  17. x)To proceed against a defendant, lately an infant, he or she having attained his or her full age; (
  18. 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; (
  19. 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; (
  20. 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:— (
  21. a)the production of any deed; (
  22. b)the appointment of a receiver over lands or other property; (
  23. c)the possession, detention, preservation, or inspection of any property or thing; (
  24. d)security from any person for any moneys in his possession; (
  25. e)enforcing the deposit or payment into Court, pending litigation, of anything mentioned in (
  26. c)and (d); (
  27. 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; (
  28. 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; (
  29. h)liberty to effect service in a special manner or for directions as to service, or to deem good any service already effected; (
  30. i)an ad interim injunction; (
  31. j)a conditional order of garnishee; (
  32. k)the appointment of a receiver by way of equitable execution; (
  33. l)service out of the jurisdiction; (
  34. 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— (
  35. 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; (
  36. 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; (
  37. 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:— (
  1. a)the sealed Civil Bill with endorsement of service thereon in accordance with these Rules; (
  2. b)an affidavit or statutory declaration of service of the Civil Bill, or of service of notice thereof, as the case may be; and (
  3. 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. (
  4. 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 (
  5. 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(
  6. d)shall be sworn, and the certificate specified in Rule 2(
  7. e)shall be given, within the period

🔗 To official source

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.