Oral Evidence the Norm In the absence of agreement in writing between the solicitors of all parties, and subject to the Rules, witnesses in a trial of the action, or for assessment of damages, are to be examined verbally in open Court. The basic principle of the trial is that matters of fact should be decided by way of oral evidence subject to cross-examination. Although […]
Evidence by Commission An application for evidence on commission is brought by way of a motion on notice to the other party. It should be based on an affidavit, justifying the application. The court may grant permission where it is necessary. The onus is on the party making the application to show why this is the case. The court will be more willing to afford […]
Pre-Commencement Duties Solicitors must advise their clients in relation to mediation as an alternative to court proceedings. They must provide clients with information in relation to mediation services and the advantages and benefits of mediation. Mediation remains voluntary. A solicitor acting in proceedings must make a statutory declaration that he or she has complied with the requirement. Proceedings may be adjourned where the declaration has […]
Preliminary Point of Law The court may order a trial of preliminary issues. It may determine particular issues upfront so as to achieve to a more expeditious and cost efficient result. For example ,if a particular matter of law is decided in a particular way this may determine the outcome of a trial. By consent of court or by consent of the parties on the […]
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 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. Notice to Admit 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 […]
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 […]