Case Stated to CA
Circuit Court Rules
Cases stated
1. In Rules 1 to 5, ‘‘Case Stated’’ means a case stated, or when the context so requires, proposed to be stated, pursuant to Section 16 of the Courts of Justice Act, 1947.
2. It shall be the duty of the party appointed by the Court to have carriage of a Case Stated, or in the absence of such appointment, of the party who requests that a case be stated, without delay to prepare and submit to any other party to the case, a draft of the case for the agreement of every such other party.
3. The Judge may give such directions in relation to the preparation of the Case Stated as may be appropriate, and the cause or matter shall stand adjourned before the Judge for such limited period as the Judge may allow for the preparation and agreement of the case. It shall be the duty of the party having carriage of the case to submit a draft of the case as agreed, or in default of agreement, as prepared by him to the County Registrar for the Judge not less than ten days before the adjourned date.
4. In the event that no agreement has been reached, or that no draft has been prepared or submitted within the time allowed, the Judge may refuse to state a case or adjourn the matter for a further short period and the decision of the Judge shall be final. In any event the Judge may, if he sees fit himself, fix the terms of the case and state and sign the same accordingly. The Judge may make such Order in relation to the costs of the preparation of the case and the appearances before him as he may deem appropriate.
5.[1] As soon as the Case Stated shall have been signed it shall be lodged with the County Registrar for transmission to the Court of Appeal.6. This Rule and the subsequent Rules apply to a Revenue case stated, or where the context so requires, proposed to be stated, by the Judge, pursuant to Section 428 of the Income Tax Act, 1967, as applied by Section 430 of the same Act.
7. The party who requires the Judge to state a case shall forthwith send to the appellant or the inspector, as the case may be, a copy of the notice required under Section 428 (2) of the Income Tax Act, 1967.
8. It shall be the duty of the party who requires such a case to be stated to prepare a draft of the same and within three months from the date of determination of the Judge to send the said draft to the County Registrar for transmission to the Judge, and to send a copy thereof to the appellant or inspector, as the case may be.
9. In the event of failure to comply with the provisions of Rule 8, the successful party, whether the appellant or inspector, shall be at liberty himself to prepare a draft of the case stated and to send the same to the County Registrar for transmission to the Judge, in which event a copy of such draft shall be sent to the party who has requested the statement of the case.
10. In the event that no draft case stated has been sent by either party to the Judge within 6 months of the date of the notice required under Section 428 (2) of the Income Tax Act, 1967, the Judge may himself fix the terms of the case stated and state and sign the same accordingly, and in the alternative, may extend the time for the preparation of a draft of the case and notify the party requesting that a case be stated that unless a draft is submitted within such extended time, he may regard the said request as having been irrevocably withdrawn, and in the event that no draft is submitted within such extended time, the Judge may accordingly treat the said request as having been irrevocably withdrawn, and may refuse to state any case, unless he is satisfied that there are reasonable grounds for the delay and the decision of the Judge shall be final.
[1] Order 62 rule 5 substituted by SI 292 of 2020, effective 13 August 2020.
Rules of the Superior Courts
Cases Stated to the Court of Appeal
Order 86B[1] – Cases Stated to the Court of Appeal
Application of this Order
1. This Order applies to:
(a) a case stated by the High Court under the provisions of section 38 of the Courts of Justice Act 1936, and
(b) a case stated by a Circuit Court Judge under the provisions of section 16 of the Courts of Justice Act 1947.
Transmission of case stated
2. (1) In the case of a case stated by the High Court on Circuit, or by a Circuit Court Judge, the County Registrar, and in the case of a case stated by the High Court sitting in Dublin, the Registrar of such court, as soon as the case stated has been signed and lodged with the County Registrar or Registrar, as the case may be, shall indorse on the case stated:
(i) the date of lodgment,
(ii) the name of the party or parties who applied for the case to be stated,
(iii) the name of the party who is to have carriage of the case stated, and
(iv) the names and addresses of the solicitors (if any) for the parties.
(2) The County Registrar or Registrar, as the case may be, within seven days of lodgment of the case stated, shall serve notice of the signing and lodgment of the case stated by registered post on every party who appeared on the hearing of the appeal or matter in respect of which the case is stated and shall transmit the original of the case stated to the Registrar.
(3) The Registrar shall enter the case stated before the Court of Appeal for directions.
(4) The parties shall deliver or exchange and lodge in the Office written submissions on the case stated, in conformity with the requirements of any applicable statutory practice direction, at the time or times prescribed by any applicable statutory practice direction or directed by the Court of Appeal.
(5) As soon as the necessary papers are in order and ready, the Registrar may set down the case stated for hearing and the case stated will be heard according to its order in the list unless the Court of Appeal otherwise directs.
(6) After service of notice of signing and lodgment of a case stated, any interested party may obtain, on application to the Registrar, one or more copies of the case stated on payment of the prescribed fee.
(7) The party having carriage of the case stated, shall within 28 days after the service of notice of signing and lodgment of the case stated, lodge with the Registrar the requisite number of copies of the case stated, and of the documents (if any) referred to in the case stated.
Application to other cases stated under statute
3. The provisions of rule 2 apply, with any necessary modifications, to every case stated for the opinion of the Court of Appeal pursuant to the provisions of any statute for the time being in force and for which no other procedure is laid down in these Rules.
Case stated under Article 40.4.3° of the Constitution
4. (1) In the case of a case stated under Article 40.4.3° of the Constitution, the case shall be signed on behalf of the High Court by the appropriate High Court Registrar, and the High Court may direct which party is to have carriage of the case stated.
(2) When the case stated is signed, the appropriate High Court Registrar shall serve notice on every party to the proceedings in which the case has been stated, by registered post or, where a party consents, on that party by electronic means, and shall forthwith transmit the case stated to the Registrar.
(3) Every such party to the proceedings may receive one or more copies of the case stated from the Registrar, on payment of the prescribed fee.
(4) The Registrar shall enter the case stated before the Court of Appeal for directions.
(5) The parties shall deliver or exchange and lodge in the Office written submissions on the case stated, in conformity with the requirements of any applicable statutory practice direction, at the time or times prescribed by any applicable statutory practice direction or directed by the Court of Appeal.
(6) The party having carriage shall lodge with the Registrar as soon as may be, the requisite number of copies of the case stated, and on lodgment of those copies the case will be set down for hearing at such time as the Court of Appeal directs.
(7) If the Court of Appeal is of opinion that the law, the validity of which has been questioned, is invalid having regard to the provisions of the Constitution, the Court of Appeal shall forthwith order the release of the person detained in accordance with that law.
(8) If the Court of Appeal is of opinion that the law, the validity of which has been questioned, is not invalid having regard to the provisions of the Constitution, the Court of Appeal shall so answer the question raised for its determination in the case stated, and shall remit the case to the High Court to be dealt with according to law.
[1] Orders 86, “Court of Criminal Appeal”, 86A, “The Courts-Martial Appeal Court” and 87, “Appeals to the Supreme Court from the Central Criminal Court” substituted as Orders 86, 86A, 86B, 86C, 86D and 87 by SI 485 of 2014, effective 28 October 2014, subject to paragraph 2 of SI 485 of 2014.