Opinion Evidence Issues There is a general exclusion (the hearsay rule) on offering statements by third parties, (i.e. made other than by a witness in court), as evidence of their truth. A report offered as evidence of the truth of its contents would be hearsay. The general position is that opinion evidence may not be offered or considered by a Court. A witness may only […]
Default of Appearance I Where a defendant fails to appear to a summons and the claimant wishes to proceed on the basis of such default of appearance, he shall, before taking such proceeding, file an affidavit of service of the summons or notice in lieu of summons, as the case may be. Where an originating summons whether plenary or summary, is indorsed with a claim […]
EU & Other Convention Cases Where the summons has been issued out of the jurisdiction under the Judgements Regulation or the Lugano Convention, the claimant is not entitled to enter a judgement except with leave of Court. An application for leave to enter judgement must be made on notice and supported by an affidavit setting out the deponent’s belief: that the claim is one to […]
Overview Under the legal system, the trial is the ultimate method of deciding disputes. There are two aspects to the decision at trial. The first involves a determination of what the relevant facts of the case are. The second aspect is the application of legal principles to those facts. Upon the application of the law to the facts, a court order is made in accordance […]
Place of Trial All proceedings in the High Court are to be tried at the Four Courts, Dublin, unless otherwise provided by the Rules. Subject to this an application by any party for a direction that the trial of any proceedings other than those mentioned below, should take place at a particular venue may be made to a Judge promptly after the close of pleadings and […]
Place, mode and sequence of trial The Court may in any cause or matter, at any time or from time to time order: that different questions of fact arising therein be tried by different modes of trial; that one or more questions of fact be tried before the others; that one or more issues of fact be tried before any other or others. The Judge […]
Admissions I Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. Either party may call upon the other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, […]
Expert Evidence Where a plaintiff intends or proposes to offer expert evidence on any matter at the trial, the statement of claim shall disclose that intention or proposal and state succinctly the field of expertise concerned and the matters on which expert evidence is intended or proposed to be offered. This rule shall not apply to personal injuries actions.; Where a defendant intends or proposes to […]
Nature of Judgement A judgment or order in the broader sense, includes all decisions by the judge, master or registrar on questions and issues that arise between the parties in course of proceedings. In the present context, judgments and orders refer to final orders in civil cases, which decide the claim in dispute between the parties. There is distinction between a judgment “in personam” and […]