Circuit Court PI

Personal Injuries Civil Bill

A Circuit Court personal injuries action shall be instituted by an originating document which shall be in accordance with the prescribed form and shall be referred to as a personal injuries summons. The general provisions of the Circuit Court Rules which apply to a Civil Bill, apply with appropriate modifications,  to a personal injuries summons.

Where a claimant alleges that he was unable, at the time at which a personal injuries summons was issued, to include in the personal injuries summons any of the information required to be specified in the personal injuries summons, he shall include in the personal injuries summons a statement of the reasons why it is claimed that any such information could not be provided at the time of issue of the summons. The claimant shall, at the time the personal injuries summons is served or as soon as may be thereafter (whether by amendment or otherwise) provide such of the information required as was not included in the personal injuries summons.

The pleadings shall conform to the statutory requirements. A defence shall be delivered by each defendant who has entered an Appearance. The defence shall be in accordance with the prescribed form. The defence shall be delivered to the claimant or his Solicitor within 6 weeks of the entry by the defendant of an Appearance. Where any defendant makes a counterclaim, such counterclaim shall be in accordance with the prescribed form and shall be appended to the defence.

Verification

An affidavit of verification of a pleading or of further information required  be verified on oath shall be in accordance with the prescribed forms. Where the affidavit is not made separately to the pleading or other document concerned, it shall be appended to such pleading or other document.

A copy of the affidavit of verification shall be delivered to the party to whom the pleading or other document is to be delivered. Where the affidavit is appended to the pleading or other document, the copy of the affidavit shall be delivered within the time prescribed by these Rules for delivery of such pleading or other document. Otherwise, the affidavit shall be delivered within the time prescribed for lodgment of the affidavit in court.

Where the copy of the affidavit of verification is delivered subsequent to delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply shall run from the date of delivery of such copy. The affidavit of verification shall be lodged in court by being filed in the Office.

Applications Pre-Trial

The following applications in a personal injuries action shall, subject to the following rules of this Order, be made by motion to the Court on notice to the opposing party or parties, grounded, where necessary, upon an affidavit sworn by or on behalf of the moving party:

• an application by a defendant for a stay or dismissal of the action by reason of a claimant\’s failure to provide the information necessary to comply with the statutory requirement for a personal injuries summons;
• an application by a defendant for a stay or dismissal of the action by reason of a claimant\’s failure to provide further information required by law;
• an application by a claimant for a stay of the action or for judgment by reason of a defendant\’s failure to provide the statutory information necessary to comply with the statutory requirements for a defence;
• an application for an order for the delivery by the opposing party of further and better particulars of any pleading delivered by such party;
• an application by a party wishing to have evidence in the action given by affidavit;

The above applications shall not be issued unless:

• the moving party shall have first written to the relevant opposing party requesting that such party agree to the moving party\’s request;
• a period of twenty eight days for compliance with the moving party\’s request has been allowed; and
• the party requested has failed, refused or neglected to comply with, such request.

No application for judgment or for other relief in default of pleading shall be granted in a personal injuries action unless the moving party has satisfied the Court that he has verified his previous pleadings in that action on oath in accordance with this Order.

Mediation

A request by a party for a direction of the Court that a mediation conference be held shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party. Where the Court directs that a mediation conference be held, it may adjourn the proceedings for such time as it considers appropriate to enable the mediation conference to be held.

Where the Court directs that a mediation conference be held, it may extend the time for compliance by the parties or any of them with any provision of the rules or any order of the court in the proceedings. The report of the chairperson of a mediation conference shall be by way of affidavit which, in addition to any matters required by statute to be contained in such report, shall verify:

• his or her appointment as mediator;
• whether the mediation conference was or was not held;
• if not held, the reasons why the mediation conference did not take place;
• if held, the time and place at which the mediation conference was held; the parties in attendance; whether or not a settlement has been reached in the action and  the terms of any settlement signed by the parties.

Copies of the claimant\’s notice of an offer of terms of settlement and of the defendant\’s notice required by statute shall be lodged in court by being filed (together with an affidavit as to the service of the same on the opposing party) in the Court Office as soon as may be after the expiry of the prescribed period. The notice shall be in accordance with the prescribed form.

Pre-trial

A person presiding over a pre-trial hearing directed by the Court may at such hearing give such directions and make such orders as may be necessary for the purposes of determining what matters relating to the action are in dispute. Any direction given or order made at a pre-trial hearing by a person, other than a Judge, presiding over such hearing, may be appealed to the Court by a party affected.