Pre-Trial Management
Application To Have A Claim Forwarded To The Circuit Court Or To The High Court
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 Form of application
1. An application to have a claim forwarded to the Circuit Court or to the High Court under section 22(8)(b) of the Courts (Supplemental Provisions) Act 1961 (inserted by section 21 of the Courts Act 1971), must be by notice of motion (Form 44.01, Schedule C, modified as appropriate).
2 Service of application
2. (1) The original notice of motion must be filed with the Clerk and a copy of the notice of motion must be served on the other party to the proceeding in accordance with the provisions of Order 41 at least seven days before the return date.
(2) When the copy of the notice of motion has been served, a statutory declaration of service must be lodged with the Clerk at least four days before the return date.
Admissions
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 Admission of documents
1. (1) Any party may, by written notice (Form 45D.01, Schedule C), call on any other party to admit the authenticity of any document. An admission may be in the Form 45D.02, Schedule C.
(2) Where a party refuses or neglects to admit a document, after written notice to admit has been served, the costs of proving the document must be paid by the party who has neglected or refused to admit, regardless of the result, unless at the trial or hearing the Court certifies that the refusal to admit was reasonable.
(3) No costs of proving a document may be allowed unless:
(a) the party seeking to prove the document served notice to admit; or
(b) the Court certifies that the omission to serve notice to admit was a saving of expense.
2 Admission of facts
2. (1) Any party may, by written notice (Form 45D.03, Schedule C), at any time not later than ten days before the date fixed for the trial, call on any other party to admit, for the purposes of the trial only, any specific fact mentioned in the notice. An admission may be in the Form 45D.04, Schedule C.
(2) Where a party refuses or neglects to admit a fact within seven days after written notice to admit has been served, or within such further time as is allowed by the Court, the costs of proving the fact must be paid by the party who has neglected or refused to admit, regardless of the result, unless at the trial or hearing the Court certifies that the refusal to admit was reasonable, or unless the Court at any time otherwise orders or directs.
(3) Any admission made in response to a notice under this rule must be taken to be made only for the purposes of the particular civil proceedings, and not as an admission that may be used against the party on any other occasion or in favour of any person other than the party giving the notice.
(4) The Court may at any time allow any party to amend or withdraw any admission made under this rule on such terms as the Court considers just.
(5) Unless the Court orders otherwise, all costs and expenses as in the opinion of the Court have been caused by the failure of a party to serve a notice to admit documents or a notice to admit facts must, regardless of the result, be paid by the party who failed to serve the notice.
3 Admissions in writing
3. Any admission, if not made during the hearing, must be in writing, and must be signed by the party making the admission, or by his solicitor.
Amendment
: S.I. No. 17 Of 2014
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No 45E-S.I. No. 598 Of 2014: District Court (General) Rules 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 Court’s power to permit amendment
1. (1) The Court may, at any stage of civil proceedings:
(a) permit any party to alter or amend his or her statement of claim or pleading in the manner and on the terms the Court considers just;
(b) disallow any amendment already made; or
(c) amend any defect or error in any proceeding.
(2) All amendments must be permitted as are necessary for the purpose of determining the real questions in controversy between the parties.
2 Manner of amendment
2. (1) A pleading or other document may be amended by written alterations in the copy which has been served, and in the copy which has been filed. Where necessary, extensive amendments may be set out on additional sheets of paper to be inserted into the pleading at a place indicated in the pleading.
(2) When an amendment has been made, the amended document must be indorsed as follows: “Amended on the ….. day of ….. 20…. pursuant to Order dated the …… day of ……. 20….”.
(3) All amendments must be underlined so as to distinguish the amendments from the original text.
3 Clerical errors
3. The Court may correct any clerical mistake in a judgment or order, or any error arising in a judgment or order from any accidental slip or omission, at any time on the application by notice of motion of the party seeking the correction on notice to the party sought to be affected by the correction.
S.I. No. 598 of
2014:
District Court (General) Rules 2014
1. (1) These Rules, which may be cited as the District Court (General) Rules 2014, shall come into operation on the 31st day of December, 2014.
(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2014.
2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:
(…)
(iv) by the substitution for rule 3 of Order 45E of the following rule:
“3 Clerical errors
3. (1) The Court may correct any clerical mistake in a judgment or order, or any error arising in a judgment or order from any accidental slip or omission, at any time on the application by notice of motion of the party seeking the correction on notice to the party sought to be affected by the correction.
(2) Notwithstanding sub-rule (1), on application in writing of any party, the Clerk assigned to the Court area concerned may with the approval of the Court, make such correction where each and every party affected consent in writing, each such consent to be lodged with the said Clerk.
(3) The Court may correct any clerical mistake in a warrant issued in civil proceedings, or any error arising in a warrant issued in civil proceedings from any accidental slip or omission, at any time before execution of the warrant on the application ex parte by the party seeking the correction.”
Attendance Of Witnesses And Production Of Documents
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 — ATTENDANCE OF WITNESSES
1 Application to Clerk to issue witness summons
1. Any party desiring the attendance of a person (in this Order, a “witness”) to give evidence or produce any books, papers or documents to the Court, or to an officer of the Court, in any civil proceedings must apply for, and the Clerk may issue, a witness summons (Form 46.01, Schedule C) requiring the witness to whom the summons is directed to comply with the requirements of the witness summons at the time and place stated in the witness summons.
2 Application to Court to issue witness summons
2. (1) An application for the issue of a witness summons requiring an officer of the State to attend and produce any books, papers or documents to the Court (witness summons duces tecum) may not be issued except by order of the Court on an application ex parte.
(2) In any case of difficulty as regards the issue of any other witness summons, the party seeking the attendance of a witness may apply ex parte to the Court for the issue of a witness summons.
(3) On an application under sub-rule (1) or sub-rule (2), the Court may direct the issue of a witness summons, with or without conditions as it considers appropriate, or may make such other order as it considers just.
3 Service of witness summons
3. (1) A witness summons must be served personally or by registered post on the witness named in the witness summons, unless the Court orders otherwise.
(2) If it appears to the Court that a witness served with a witness summons was not given reasonable time to enable him or her to appear as directed in the witness summons, or that his or her reasonable expenses of attending have not been paid or offered to him or her, the Court may set aside or disregard service of the witness summons.
4 Persons named in witness summons
4. (1) A witness summons requiring a witness to attend to give evidence only (witness summons ad testificandum) may be directed to and served on more than one person.
(2) A witness summons requiring a witness to attend and produce any books, papers or documents to the Court, or to an officer of the Court (witness summons duces tecum) may be directed to only one person, except in the case of partners, where all the members of the firm may be addressed in the witness summons in which event the attendance of any one of the members of the firm to produce the document or thing must be taken to be sufficient compliance with the witness summons unless the Court thereafter directs a specific member of the firm to so attend.
5 Officer of the Court may require expenses
5. If any officer of the Court is required by a witness summons to attend with any record or document at any sitting or place outside the Court district in which he or she is serving, the officer may require that the party requiring his or her attendance (or that party’s solicitor) must:
(a) deposit with the officer a sufficient sum of money to answer his or her reasonable charges and expenses in respect of attendance, and
(b) undertake to pay any further reasonable charges and expenses which may not be fully met by the deposit.
6 Consequences of failure to comply with a witness summons
6. If a witness who has been duly summoned:
(a) fails without lawful excuse to attend or to give evidence or to produce the books, papers or documents according to the witness summons; or
(b) unless duly excused, fails to remain in attendance throughout the hearing,
the Court, if satisfied that the witness has been duly summoned and that his or her reasonable expenses have been tendered, may impose a fine on the witness for his or her default, or may make such other order as is just in the circumstances.
7 Remittal on cause shown
7. The Court may, on cause shown, remit the whole or any part of any fine or imprisonment imposed under rule 6, or may order that the amount of any fine imposed, or any part of any fine imposed, be paid to a party in respect of the costs and expenses of any adjournment made necessary by the default of the witness.
2 — EVIDENCE BY VIDEOCONFERENCE
8 Application for use of live television link
8. An application for a direction that a party may participate in a hearing in the proceedings, or that a witness give evidence in any such hearing, from a location other than the Court itself, by means of a live television link in accordance with section 26 of the Civil Law (Miscellaneous Provisions) Act 2008:
(a) may be made by motion on notice to the other party or parties;
(b) may be heard and decided without the prior issue of a notice of motion by the Court on any occasion when the Court is considering case management directions.
Case Management
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 Case management directions
1. (1) The Court may, at any time and from time to time, of its own motion and having heard the parties, give such directions and make such orders, including the fixing of time limits, for the conduct of civil proceedings, as appears convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings.
(2) Except where these Rules provide otherwise, the Court may:
(a) ensure that the issues, whether as to fact or law, are defined as clearly, as precisely and as concisely, as possible;
(b) give case management directions as to the steps which remain to be taken to prepare the case for trial, and the timetable for the completion of preparations of the case for trial, and for that purpose may adopt any timetable proposed by the parties if satisfied that it is reasonable;
(c) make orders or give directions with respect to pleadings, the exchange between the parties of statements of issues, the identifying of issues in dispute between the parties, particulars, discovery, inspection of documents, or otherwise, which may be necessary or expedient;
(d) make inquiries of the parties so as to ascertain the likely length of the trial and the arrangements, if any, for witnesses, information and communications technology (including video conferencing) and any other arrangements which require to be made for the trial;
(e) fix the time and mode of trial, and may fix a date for trial and may also give directions as to the service of a notice of trial;
(f) make any orders and give any directions in respect of arrangements for the trial as the Court considers necessary;
(g) direct any expert witnesses to consult with each other within such time as the Court specifies for the purposes of—
(i) identifying the issues in respect of which they intend to give evidence,
(ii) where possible, reaching agreement on the evidence that they intend to give in respect of those issues, and
(iii) considering any matter which the Court may direct them to consider,
and require that such witnesses record in a memorandum to be jointly submitted by them to the Clerk and delivered by them to the parties, particulars of the outcome of their consultations, within such time as the Court specifies, provided that any such outcome must not be in any way binding on the parties.
(3) The Court may adjourn the consideration of case management directions from time to time and from place to place as may be appropriate to enable any order made or direction given to be complied with or any act to be done or step to be taken.
2 Adjournment to facilitate ADR
2. The Court when considering case management directions, may on the application of any of the parties or of its own motion, exercise its powers in accordance with Order 49B to invite the parties to use an ADR process to settle or determine the proceedings or issue and to make consequent orders.
3 Case management records
3. (1) The Clerk must maintain a record, which may be in electronic form, of all case management directions given.
(2) A copy of the case management directions must be placed on the Court file and a further copy of the case management directions must be made available to a party to the civil proceedings at the party’s request.
4 Attendance
4. (1) In any case where the Court adjourns the civil proceedings to a hearing for the purpose of considering case management directions (in this rule, a “case management hearing”), the solicitors appearing for each of the parties or, where a party is not represented by a solicitor, the party himself or herself, must attend the case management hearing and any adjournment thereof.
(2) Where the Court considers it necessary or desirable, it may direct that a party attend a case management hearing notwithstanding the fact that the party may be represented by a solicitor.
(3) Each representative of a party attending a case management hearing must ensure that he or she is sufficiently familiar with the civil proceedings and has authority from the party he or she represents to deal with any matters that are likely to be dealt with.
(4) Where a party is represented by counsel such counsel may attend a case management hearing, but the fees of counsel for either party for attending a case management hearing will be allowed in the measurement of costs only where the Court so certifies.
5 Judge taking case management hearing may decline to hear trial
5. A Judge before whom a case management hearing has been conducted may determine that the trial of the civil proceeding should be before another Judge.
Mediation And Other Alternative Dispute Resolution
: S.I. No. 9 Of 2018
1 Definitions
1. In this Order:
the “2017 Act” means the Mediation Act 2017 (No 27 of 2017);
each of the expressions “mediation”, “mediation settlement” and “mediator” has the same meaning as in section 2 of the 2017 Act;
“another ADR process” means conciliation or another dispute resolution pro cess approved by the Court, but does not include mediation or arbitration.
2 Invitation to mediate; application for adjournment to facilitate mediation
2. (1) The Court may, in civil proceedings to which the 2017 Act applies, in accordance with section 16(1) of the 2017 Act, on the application of any of the parties or of its own motion, where it considers it appropriate having regard to all the circumstances of the case:
(a) invite the parties to consider mediation as a means of attempting to resolve the dispute the subject of the proceedings, and
(b) provide the parties to the proceedings with information about the benefits of mediation to settle the dispute the subject of the proceedings.
(2) Where, following an invitation by the Court, the parties decide to engage in mediation, the Court may, in accordance with section 16(2) of the 2017 Act—
(a) make an order adjourning the proceedings to such date as the Court considers just and convenient in all the circumstances,
(b) make an order extending the time for compliance by a party with any relevant provision of these Rules or with any order of the Court in the proceedings, or
(c) make such other order or give such direction as the Court considers necessary to facilitate the effective use of mediation.
(3) An application by a party to civil proceedings under section 19(1) of the 2017 Act for an order adjourning the proceedings must be made by motion to the Court on notice to the other party or parties in accordance with Order 44, but need not be grounded on any affidavit.
3 Application for invitation to mediate
3. An application by a party under section 16(1) of the 2017 Act must be made by motion to the Court on notice to the other party or parties in accordance with Order 44 within the period mentioned in section 16(4) of the 2017 Act. An application by such a party under section 16(4) of the 2017 Act to dispense with the requirement for an affidavit may be made ex parte at any sitting of the Court in the Court district concerned.
4 Orders by consent
4. If all the parties to a proceeding (including any third parties) agree at a mediation on the terms of an order to be made, including an order for the final disposition of a proceeding, the Court may make the order.
5 Proceedings to enforce mediation settlement
5. (1) An application under section 11(3) of the 2017 Act to enforce the terms of a mediation settlement must be made by notice of application in the Form 49B.01, Schedule C grounded on an affidavit sworn by or on behalf of the mov ing party which must exhibit and verify the mediation settlement.
(2) Copies of the notice of application, grounding affidavit and any exhibits must be served, in accordance with Order 41, on each other party to the mediation settlement not later than 14 days before the date fixed for the hearing of the application.
(3) A statutory declaration as to the service of the notice of application on each respondent must be lodged with the Clerk not later than seven days before the return date.
6 Mediator’s report to Court
6. (1) A mediator’s report required by section 17 of the Act must be entitled as in the proceedings to which it relates and must be submitted to the Court by the lodgment by the mediator with the Clerk of an affidavit verifying and exhib iting the report.
(2) An application under section 17(2) of the 2017 Act for a direction to dispense with the requirement that a copy of the report be given to the parties at least seven days prior to its submission to the Court may be made ex parte at any sitting of the Court in the Court district concerned.
7 Adjournment to facilitate other ADR process
7. (1) The Court, on the application of any of the parties or of its own motion, may, when it considers it appropriate and having regard to all the circumstances of the case, order that proceedings or any issue therein be adjourned for such time as the Court considers just and convenient and—
(i) invite the parties to use another ADR process to settle or determine the proceedings or issue, or
(ii) where the parties consent, refer the proceedings or issue to such process,
and may, for the purposes of such invitation or reference, invite the parties to attend such information session on the use of such other ADR process, if any, as the Court may specify.
(2) Where the parties decide to use another ADR process, the Court may make an order extending the time for compliance by any party with any pro vision of these Rules or any order of the Court in the proceedings, and may make such further or other orders or give such directions as the Court considers will facilitate the effective use of that process.
8 Application for adjournment to facilitate other ADR process
8. An application by a party for an order under rule 7 may be made by motion to the Court on notice to the opposing party or parties, or may be made without such motion at any other time when the proceedings are before the Court, including at a case management hearing.
9 Orders by consent
9. If all the parties to a proceeding (including any third parties) agree at an other ADR process on the terms of an order to be made, including an order for the final disposition of a proceeding, the Court may make the order.
10 Extension of time limits
10. Despite any other provision of these Rules, if a proceeding is referred to mediation or an other ADR process, the time for taking any step in a proceeding under any of those Rules must, unless the Court otherwise orders, be calculated as if time did not run during the period of any adjournment to facilitate the mediation or other ADR process.