Commencement CC
Circuit Court Rules
Commencement of proceedings
1. Civil proceedings in the Court shall, unless otherwise provided by Statute or by these Rules, be instituted by the issue of a Civil Bill, which shall be in the appropriate form in accordance with the Schedule of Forms to these Rules (being Forms 2A to 20), or such modification thereof as may be suitable and shall state such facts as may be necessary to show the jurisdiction of the Court.
2. [1] Civil Bill Ejectments on the title and Civil Bills issued for the purpose of establishing questions of title to land, other than ejectments for overholding or for non-payment of rent, shall be headed “Title Jurisdiction” and shall contain, as the case may be,
(a) a statement that the market value (within the meaning of section 2(1) of the Courts (Supplemental Provisions) Act 1961) of the land does not exceed €3,000,000 or
(b) such statement of the rent as shall show jurisdiction. At the hearing of any such case the plaintiff may be required to produce a map of the land.
3.[2] (1) Subject to Order 8, the Civil Bill shall state:
(a) the given or first name, surname, occupation and residence or place of business of the plaintiff;
(b) the surname of the defendant, his residence or place of business, and, where known, his given or first name and his occupation, and, if the defendant is sued in a representative capacity, the capacity in which he is sued.
(2) A solicitor acting for a plaintiff shall additionally indorse upon the Civil Bill his or her name or that of his or her firm and:
(i) the registered place of business where documents may be left for him or her, and
(ii) where the plaintiff’s solicitor consents to the receipt of such documents by electronic mail, his or her electronic mail address (in lieu of his or her registered place of business) to which documents in the proceedings may be sent in electronic form.
(3) The indorsement required by sub-rules (1) and (2) shall be in the following form:
“This Civil Bill was issued by……., whose registered place of business is…….., *[and who consents to the service of documents in the proceedings by electronic mail to ……………], solicitor for the plaintiff, ………, who *[resides/has his/her place of business] at…… and is……….”
(4) A plaintiff suing in person shall additionally indorse upon the Civil Bill:
(i) an address for service, where documents may be left for him or her, and
(ii) where the plaintiff consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of an address for service) to which documents may be sent in electronic form.
(5) The indorsement required by sub-rules (1) and (4) shall be in the following form:
“This Civil Bill was issued by the plaintiff,……., who *[resides/has his/her place of business] at…… and is………. *[and who consents to the service of documents in the proceedings by electronic mail to ……………],”
4. The Civil Bill shall call upon a defendant to enter an appearance within a stated time after service (which shall not be less than ten days or other time limited for appearance by agreement of the parties or any order of the Court) to answer the claim of the plaintiff, and shall warn him of the consequences of failure to do so provided that the expiry of such time shall not entitle the Office to refuse to permit an appearance to be entered.
5. Every Civil Bill shall be signed by the plaintiff, or by his Solicitor, and shall be endorsed with particulars of the plaintiff’s demand:—
(a) stating the nature, extent and grounds thereof, full particulars of all items of special damage being claimed and the relief sought and, where it is a money claim, the amount thereof and the rate and amount of interest (if any) claimed. If, in the first instance, the plaintiff desires an account to be taken, that fact shall be stated, together with the specific amount (if any) which the plaintiff claims to be subject to that account;
(b) where there is more than one claim, stating like particulars of each claim to those in paragraph (a), and the relief sought in respect of each;
(c) stating the abandonment of any part of a claim, if the plaintiff desires abandonment in order to bring the claim within the jurisdiction;
(d) where the plaintiff sues in a representative capacity, stating the capacity in which he sues; and
(e) where the plaintiff sues as assignee, stating the name, address and description of the assignor at the date of the assignment, and the date of such assignment.
5A.[3] [4] In the case of proceedings the bringing of which requires to be authorised in accordance with sections 14, 17, 32, 36 or 49, or rules under section 46(3) of the Personal Injuries Assessment Board Act, 2003, the indorsement of claim shall contain a statement
(a) confirming whether or not the proceedings have been authorised by the Personal Injuries Assessment Board
(b) specifying the section of the Personal Injuries Assessment Board Act, 2003 or the rule made under section 46(3) of that Act in accordance with which any such authorisation has been issued, and
(c) citing the date of issue of the authorisation and any reference or record number relating to any such authorisation.
6. Whenever the plaintiff’s claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be in accordance with a Schedule of fees to be determined by the County Registrar for the County of the City of Dublin from time to time.
If there are more defendants than one, the above amounts may be increased by a reasonable sum for each additional defendant served.
7. Where, by any Statute not mentioned in these Rules, proceedings are authorised or directed to be taken in the Court, such proceedings shall be commenced by Civil Bill.
8.[5] The Consent prescribed by Section 22(1)(b) of the Courts (Supplemental Provisions) Act 1961 which provides for the enlargement of the jurisdiction of the Court by consent of the parties shall be in the form set forth in Form 1 of the Schedule of Forms, and shall be lodged with the County Registrar either before or at any time during the hearing.
9.[6] Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action, cause or matter with costs, unless the Consent prescribed by Section 22(1)(b) of the Courts (Supplemental Provisions) Act 1961 has been signed. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction relates to venue and appears on the face of the originating document, the Court may transfer the action, cause or matter to the appropriate circuit or may strike out the action, cause or matter with costs as it considers appropriate.
10. [7][8] [9] Where proceedings are commenced in the Court on the basis of jurisdiction derived from:
(i) Regulation No. 1215/2012, or
(ii) the Lugano Convention as applied by the 1998 Act, or
(iii) the 1968 Convention as applied by the 1998 Act, or
(iv) Regulation 2201/2003 or, as the case may be,
(v) the Maintenance Regulation
the Civil Bill shall:
(a) before issue be indorsed with a statement that the Court has power under:
(i) Regulation No. 1215/2012, or
(ii) the Lugano Convention as applied by the 1998 Act, or
(iii) the 1968 Convention as applied by the 1998 Act, or
(iv) Regulation 2201/2003 or, as the case may be,(v) the Maintenance Regulation,
to hear and determine the action, cause or matter, and:
(I) specify the particular provision of Regulation No. 1215/2012, the Lugano Convention, Regulation 2201/2003 or, as the case may be, the Maintenance Regulation under which the Court has power to hear and determine the action, cause or matter, or
(II) specify the particular provision of the 1968 Convention under which the Court should assume jurisdiction;
(b) contain a statement that no proceedings between the parties concerning the same cause of action is pending between the parties in another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned;(b) contain a statement that no proceedings between the parties concerning the same cause of action is pending between the parties in another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned;
(c) contain a statement of the facts which are relied upon to show jurisdiction and venue;
(d) in proceedings referred to in Sections 3, 4 or 5 of Chapter II (Jurisdiction) of Regulation No. 1215/2012 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the defendant, the Civil Bill shall be endorsed before it is issued with a statement that:
(i) the defendant has a right to contest the jurisdiction of the Court and if he or she wishes to do so, he or she should enter an appearance to contest jurisdiction in accordance with Order 14, rule 5, and
(ii) if he or she enters an unconditional appearance, the Court has jurisdiction under Article 26.1 of Regulation No. 1215/2012, and
(iii) if he or she does not enter an appearance, judgment may be given in default against him or her.
[1] Order 5 rule 2 substituted by SI 499 of 2017, effective 8 December 2017.
[2] Order 5 rule 3 substituted by SI 378 of 2018, effective 17 October 2018.
[3] Order 5 rule 5A inserted by SI 542 of 2004, effective 16 September 2004.
[4] Order 5 rule 5A amended by SI 201 of 2017, effective 31 May 2017.
[5] Order 5 rule 8 substituted by SI 312 of 2007, effective 20 July 2007.
[6] Order 5 rule 9 substituted by SI 312 of 2007, effective 20 July 2007.
[7] Order 5 rule 10 appears to have been amended by Order 2A (see above), effective 23 December 2004.
[8] Order 5 rule 10 substituted by SI 597 of 2014, effective 19 December 2014.
[9] Order 5 rule 10 substituted by SI 618 of 2015, effective 30 December 2015.
Indorsement of claim
1. In proceedings on bills of exchange, promissory notes or other securities for money, the Civil Bill shall set forth the dates of the same respectively, the sums for which the same were respectively given, and the sums claimed to be due thereon for principal and interest, and the rate of such interest, the parties to the same respectively, and the dates when the same respectively became due and payable.
2. In all proceedings for rent and for use and occupation of land, the Civil Bill shall state the amount claimed for rent or use and occupation and the period up to which the same is alleged to be due, the name of and the place in the town or townland and the county in which the land or tenements or part thereof are situate, and, when brought upon a lease or other instrument, the date thereof and the parties thereto.
3. In all proceedings founded upon any written document not included in the last two preceding Rules, the Civil Bill shall state the date of the document and the parties thereto and, if for the payment of money, the amount claimed, or, if for the breach of any contract, the alleged breach or breaches of such contract.
4. If a plaintiff, where the amount alleged to be due to him exceeds the jurisdiction of the Court, shall be satisfied to recover such sum as is within the jurisdiction, he shall state upon the face of the Civil Bill that he abandons all claim to any larger amount, and thereupon the Court may deal with the claim, and the decree (if any) made shall be in full satisfaction of the whole of the original demand.
Issue of civil bills – service of documents
: S.I. No. 132 of 2009
ORDER 11[1]
ISSUE OF CIVIL BILLS,
SERVICE OF DOCUMENTS
Issue of Civil Bills
1. Save as otherwise provided in these Rules, every Civil Bill shall be signed and presented in duplicate to be issued out of the Office of the Court in a County having jurisdiction pursuant to these Rules (hereinafter referred to as “the Office”). The Civil Bill which is stamped, sealed and issued in the manner hereinafter set out shall be the original Civil Bill. The duplicate thereof shall be filed in the Office.
2. The Civil Bill shall, before issue thereof for service, be stamped in the appropriate amount, if any, as prescribed by law and, where stamping is required by law, if not so stamped, the Civil Bill and the duplicate Civil Bill shall have no effect or force.
3. The Civil Bill shall be presented to the Office, sealed, marked with the record number by the proper officer and shall thereupon be deemed to be issued and shall thereafter be entered in the cause book in date and numerical order of issue. At the time of issuing, the proper officer shall mark upon the duplicate Civil Bill the date of issue, full details in relation to stamping and the record number assigned to the Civil Bill. No Civil Bill shall be served until it shall have been so issued. In presenting such Civil Bill together with the duplicate thereof to the Office for issuing, such presentation may be by post or in person. Where the Civil Bill has been presented by post, the proper officer shall return the Civil Bill to the Plaintiff or the Plaintiff’s solicitor, as appropriate, by ordinary pre-paid post.
4. No Civil Bill for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court or of the County Registrar, save in accordance with the provisions of Orders 13 and 14.
Service of Civil Bills and other originating documents
5. In accordance with section 7 of the Courts Act 1964 , the service of a Civil Bill or of any other document by which proceedings in the Court are instituted may be effected by
(a) the sending of a copy of the Civil Bill or other originating document by registered prepaid post in an envelope addressed to the person to be served at his last known residence or place of business in the State and the document may be posted by the person on whose behalf it purports to be issued or a person authorised by him in that behalf;
(b) personal service (by a Summons Server or other person) upon the person to be served, or upon another person referred to in rule 6 on behalf of the person to be served.
6. Personal service of a Civil Bill or other originating document upon the defendant may be effected by delivering a copy of the Civil Bill or other originating document to the defendant personally wherever he is to be found within the jurisdiction. Where it appears by affidavit that the defendant is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect personal service, service of the Civil Bill or other originating document may be effected by delivering a copy thereof at the defendant’s place of residence within the jurisdiction to the husband or wife of the defendant or to some relative of the defendant over the age of sixteen years and apparently resident there or at the defendant’s place of business or employment or office within the jurisdiction to some employee of the defendant over the age of sixteen years.
7. After he has effected service, the person serving a Civil Bill or other originating document shall indorse his name upon the original, stating also the day of the week and date upon which, and in the manner in which, and place where, such service was effected, and the person, whether husband or wife or relative or employee, upon whom the Civil Bill or other originating document was served.
8. Service in accordance with these Rules shall be authenticated by affidavit or statutory declaration by the person serving same. The affidavit or statutory declaration of service of a Civil Bill or other originating document shall be sworn or declared within a reasonable time of service having been effected and, if service was effected by registered post, not earlier than ten days after the date of posting. Such affidavit or statutory declaration may be indorsed on the original Civil Bill or other originating document.
9. Where personal service is alleged to have been effected, but the person who has effected service does not know of his own knowledge that the person served is the person named, he may make the affidavit or statutory declaration referred to in the preceding Rule, stating therein that same is true to the best of his knowledge and belief, but in any such case, the Judge may on his own initiative or on the application of any person who is alleged to be affected by the said service require such further evidence thereof as he may think right.
10. Service of a Civil Bill or other originating document on a Solicitor shall be sufficient, provided that he shall at the time of service indorse on the original Civil Bill or other originating document his acceptance of service thereof and his undertaking to enter an appearance thereto.
Substituted service
11. Whenever an order for substituted service or for the substitution for service of notice by advertisement is made in accordance with section 7(5)(a) of the Courts Act 1964 or otherwise, a copy of that order shall be served with the Civil Bill, or the terms of that order stated in such notice. Every such order shall state the time within which the defendant may enter an appearance or comply with the requirements of such order.
12. Every application to the Court or the County Registrar for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made.
13. In any case, the Judge or the County Registrar may declare the service actually effected sufficient.
Service on particular defendants
14. When an infant is a defendant to an action, service on his parent or guardian, or if none, then upon the person with whom the infant resides or under whose care he is shall, unless the Judge or the County Registrar otherwise orders, be deemed good service on the infant; provided that the Judge may order that service made or to be made on the infant shall be deemed good service.
15. [2] Service on a relevant person (within the meaning of section 2(1) of the Assisted Decision-Making (Capacity) Act 2015) who is a defendant to an action, shall be in accordance with Order 6, rule 8
Service of other documents
16. In accordance with section 7 of the Courts Act 1964 , all notices of motion and other notices, orders of the Court (where service is required) and witness summonses shall be served in the same manner as a Civil Bill or other originating document.
17. Any document, as to which no mode of service is prescribed by statute or these Rules, may be served by delivering the same to the party or person on whom it is to be served personally, or by delivering the same at the residence or place of business of such person, or by sending the same by pre-paid post, addressed to such party or person at his last known residence or place of business.
18. Where a party or person acts by a Solicitor, any document required to be delivered to or served upon such party may be delivered to or served upon that Solicitor, except in cases where by these Rules personal service upon the party or person is required. Service of any such document upon that Solicitor, or delivery of the same at his office or to his Document Exchange, or sending the same to him by pre-paid post to such office shall be deemed to be good service upon the party or person for whom such Solicitor acts as upon the day when the same is so delivered or served, or upon which in the ordinary course of post it would be delivered.
19. The delivery or service of any notice for the purposes of section 8 or section 17 of the Civil Liability and Courts Act 2004 shall be in the manner prescribed in section 4 of that Act.
Proof of service
20. A person who has effected service of a document in accordance with this Order shall, within four days after service, return the original document properly indorsed as prescribed by these Rules to the Solicitor or other person from whom the same was received.
21. The endorsement of service and the statutory declaration for the service of Civil Bills or other originating document, as provided by section 7(6)(a) of the Courts Act 1964 , shall be in the form set out at Form 1B of the Schedule of Forms. Personal service or service by registered post of a Civil Bill or other originating document, may be endorsed on the Civil Bill or other originating document, and proved by statutory declaration in the form set out at Form 1C of the Schedule of Forms.
[1] Order substituted by SI 132 of 2009, effective 3 April 2009.
[2] Order 11 Rule 15 substituted by SI 201 of 2023 effective 27 April 2023.
Renewal of Civil Bill
ORDER 12[1]
1. (1) No Civil Bill shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the County Registrar for the County in which the Civil Bill was issued for leave to renew the Civil Bill.
(2) The County Registrar on an application made under sub-rule (1), if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the Civil Bill be renewed for three months from the date of such renewal inclusive.
(3) After the expiration of twelve months, and notwithstanding that an order may have been made under sub-rule (2), an application to extend time for leave to renew the Civil Bill shall be made to the Court.
(4) The Court on an application under sub-rule (3) may order a renewal of the Civil Bill for three months from the date of such renewal inclusive where satisfied that there are special circumstances which justify an extension, such circumstances to be stated in the order.
(5) The Civil Bill shall, where an order of renewal has been made, be renewed by being stamped with the date of the day, month and year of such renewal; such stamp to be provided and kept for that purpose in the appropriate Office and to be impressed upon the Civil Bill by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in the Form 25; and a Civil Bill or other originating document so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the Civil Bill.
2. In any case where a Civil Bill has been renewed on an ex parte application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order.
3. The production of a Civil Bill purporting to be marked with a stamp showing the same to have been renewed in the manner aforesaid, shall be evidence of its having been so renewed and of the commencement of the action as of the first date of such Civil Bill for all purposes.
4. Where a Civil Bill of which the production is necessary, has been destroyed or lost the Court upon being satisfied of the destruction or loss, and of the correctness of a copy thereof, may order that such copy shall be sealed and served in lieu of the original Civil Bill or other originating document.
[1] Order 12 substituted by SI 221 of 2019, effective 19 June 2019.
The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
1.[1] [2] The following proceedings shall be commenced by issuing an Equity Civil Bill in accordance with Form 2B of the Schedule of Forms, entitled in the matter of the Act under which the proceeding is taken and, where relevant, of the trust or settlement, as the case may be:
(a) proceedings under section 33(i) or (k) of the County Officers and Courts (Ireland) Act 1877,
(b) proceedings under the Trustee Acts (other than for payment into Court by trustees),
(c) any other proceedings required or permitted by these Rules to be commenced by Equity Civil Bill.
2. At the foot of every Equity Civil Bill under this Order presented to the Court, and of every copy thereof, there shall be placed the names and addresses of the persons intended to be served therewith; and, if no person is intended to be served, a statement to that effect shall be made at the foot of the Civil Bill and of every copy thereof.
3. When no person is intended to be served with a Civil Bill, the County Registrar shall upon the issuing thereof, indorse a place of hearing and a day and hour therefor upon the appropriately amended Civil Bill and upon a sealed copy thereof.
4. Upon the hearing of any Civil Bill or any motion thereunder, the facts relied upon in support of or in opposition thereto shall be proved by affidavit unless the Judge otherwise directs.
5. The Judge may refer any matter to the County Registrar to make inquiries and to report the result of such inquiries.
6. Any person desiring to pay money, transfer stock, or deposit security in trust to attend the orders of the Court, shall make and shall file in the Office an affidavit entitled in the matter of the Act under which the proceeding is taken and of the particular trust, and setting forth—
(a) his own name, address, and description;
(b) the place where he is to be served with any order of the Court
or any notice of any matter or order, or with any document relating to the trust fund;
(c) the amount of money, stock, or security which he proposes to pay, transfer, or deposit in trust to attend the orders of the Court;
(d) a short description of the trust or of the nature and contents of the instrument creating it;
(e) the names, addresses, and descriptions of the persons interested in or entitled to the fund, to the best of the knowledge and belief of the deponent; and
(f) the submission of the deponent to answer all such inquiries relating to the application of the money paid in, or stock transferred, or security deposited, as the Judge may think proper to make or direct.
7. Upon the receipt by the County Registrar of such affidavit he shall indorse thereon a memorandum of the day on which the same was filed, and when such affidavit has been so indorsed it shall be taken for all purposes to have been filed as indorsed thereon.
8. Any person filing such affidavit may obtain from the County Registrar a certificate, entitled in the matter of the Act under which the money is to be lodged, the stock transferred, or the security deposited, and of the particular trust, that the affidavit has been filed.
9. In the case of money, the person filing such affidavit may forthwith obtain a privity from the County Registrar and lodge the amount in Court to the separate credit of the particular trust. The County Registrar shall thereupon record the receipt of the funds.
10. In the case of stock, the person filing such affidavit may, upon the receipt of the certificate in the second last preceding rule mentioned, transfer the stock into the name of the County Registrar in trust to attend the orders of the Court, and shall forthwith leave the certificate of transfer with the County Registrar, who shall immediately indorse thereon a memorandum of the day and hour on which the same was received by him.
11. In the case of any other security, the person filing the affidavit may forthwith deposit the security with the County Registrar in the name of the County Registrar in trust to attend the orders of the Court, and the County Registrar shall immediately indorse on the affidavit a memorandum of the day on which the security was deposited with him.
12. Upon the recording of the receipt or certificate of transfer, or upon giving a certificate of lodgment or deposit of security, the County Registrar shall make an entry in the appropriate Record Book of the title of the particular trust and the amount of the money paid, or particulars of stock transferred, or security deposited, and the names and addresses of the persons making such payment, transfer, or deposit, and the names of all persons stated in the affidavit to be, or who claim to be interested in, or entitled to, such money, stock, or security, and their addresses and descriptions as given in the affidavit, and shall forthwith send by post to each of such last mentioned persons to the address given in the affidavit a notice containing particulars of the payment, transfer or deposit.
13. Any person entitled to, or claiming to be interested in, any funds in Court, or the trustee who desires the direction of the Court as to investment, paying out, or distribution of the whole, or any part of the funds or the income thereof, may issue a Civil Bill setting forth the particular trust in which he applies, and the substance of the order he seeks to obtain, and praying for the order and direction of the Court with respect to the funds so paid into Court and the rights of all persons thereto. Such plaintiff shall serve a copy of the Civil Bill upon all persons interested, claiming or appearing to be interested, in the said funds.
14. Where the Civil Bill relates to the capital of a fund in Court, the trustee and all persons interested in such fund shall be named in the Civil Bill as persons intended to be served therewith; and where the Civil Bill relates to the income only of the trust fund the trustee only shall be so named, unless and until the Judge shall otherwise direct.
15. Where any person avails himself of the provisions of this Order without sufficient reason, the Judge may direct such person to bear his own costs, and to pay the costs of any other persons, or to bear and pay any part of such respective costs.
[1] Order 46 rule 1 substituted by SI 251 of 2009, effective 28 July 2009.
[2] Order 46 rule 1 substituted by SI 155 of 2010, effective 13 May 2010.
Land and Conveyancing Law Reform Act 2009
: S.I. No.155 of 2010
1. In this Order:
“the Act” means the Land and Conveyancing Law Reform Act 2009 and any reference in this Order to a section shall, unless the context otherwise requires, be deemed to be a reference to a section of the Act;
2. (1) Proceedings for the following reliefs under the Act shall be commenced by Equity Civil Bill in accordance with Order 46:
(a) an order to resolve a dispute mentioned in section 22;
(b) an order to approve an arrangement specified in an application under section 24;
(c) an order under section 31;
(d) an order under section 50(1);
(e) an order under section 68.
(2) The following proceedings under the Act may be commenced by Ordinary Civil Bill in accordance with Order 1, rule 2:
(a) an action for damages in accordance with section 18(6);
(b) an action in which an order is sought under section 35(2);
(c) an action for damages in accordance with section 60(2);
(d) an application for damages in accordance with section 84(8);
(e) proceedings in which a remedy in damages is sought in accordance with section 105(2).
(3) Applications for the following reliefs under the Act shall be brought by motion on notice in the proceedings before the Court to which the application relates, grounded upon an affidavit sworn by or on behalf of the moving party:
(a) an order under section 98, where the Court is already seised of an application or proceedings relating to the mortgaged property;
(b) an order under section 112(3)(d) in an action relating to the mortgaged land.
[1] Order 46A inserted by SI 155 of 2010, effective 13 May 2010.
Procedure in Statutory Applications
: S.I. No. 470 of 2009
1. (1) In this Order—
“enactment” has the same meaning as in the Interpretation Act 2005;
“relevant authority” means any agency, board, authority, commission, council, ombudsman, tribunal, or other body (not including a company formed under the Companies Acts) established by or under any enactment and authorised to exercise powers under any enactment to determine, decide, settle or make any recommendation on any dispute, complaint or issue, and includes, where the context so admits or requires, any committee, officer or member of the staff of such body who has been authorised by any enactment or by such body to exercise such powers.
“relevant application” means any of the following applications—
(a) an application to the Court under any enactment by any person authorised by that enactment so to apply for an order directing, requiring or compelling any person to take any step or do any thing or prohibiting or restraining any person from, or directing any person to cease or refrain from, taking any step or doing any thing (hereafter in this Order, a “direction application”),
(b) an application to the Court by a person authorised by any enactment so to apply, for an order of the Court directing, requiring or compelling any person to perform, comply with, carry out or implement, or for the enforcement of, a decision, determination, recommendation, request or settlement of any relevant authority (hereafter in this Order, an “enforcement application”) but, for the avoidance of doubt, does not include any application for the issue out of the Office of any order for execution of any such decision, determination, recommendation, or settlement which an enactment provides may be enforced or executed as, or in the like manner to, a judgment of the Court, or
(c) any other application to the Court, required, authorised or permitted by any enactment to be brought or made in a summary manner.
(2) Where any enactment provides for or permits a relevant application to be made to the Court or to a judge of the Court and provision for the procedure applicable is not made either by the enactment concerned or by another Order of these Rules, the procedure set out in the following rules of this Order shall apply, subject to any requirement of the relevant enactment.
(3) Where any enactment provides for an application (other than a relevant application) to be made to the Court and the Court determines that it is just and convenient that such application be so determined, the procedure set out in the following rules of this Order shall, subject to any requirement of the relevant enactment, apply to such application.
(4) Unless otherwise provided in the enactment, an application referred to in sub-rule (2) or (3) shall be brought in the County where the person or one of the persons against whom any order or other relief is sought in the application resides or carries on any trade, profession or business.
2. (1) Subject to sub-rule (3), the application shall be made by originating notice of motion (in this Order hereinafter called “the notice of motion”) in Form No. 50 in the Schedule of Forms, and not by Civil Bill.
(2) The notice of motion shall be entitled in the matter of the provision of the enactment pursuant to which the application is made. Where any order, direction or other relief is sought as against any person or persons, the notice of motion shall additionally be entitled as between the applicant and such person or persons as respondents, and shall contain the names and addresses of each respondent. The notice of motion shall specify the particular relief sought against each respondent and the particular provision or provisions of the relevant enactment authorising the granting of each such relief.
(3) Where the application is authorised by an enactment to be made ex parte, or where no order, direction or other relief is sought as against any person or persons, the application shall be made by originating motion (in this Order hereinafter called “the motion”) in Form No. 50A in the Schedule of Forms entitled in the matter of the provision of the enactment pursuant to which the application is made and shall additionally be entitled on the application of the applicant.
3. (1) The notice of motion (or, as the case may be, the motion) shall be grounded upon an affidavit sworn by or on behalf of the applicant which, subject to sub-rule (3), shall:
(a) contain a description of the applicant, including particulars sufficient to explain the standing of the applicant to make the application under the relevant provision of the enactment and, where the deponent is not the applicant, the authority of the deponent to make the affidavit on behalf of the applicant;
(b) if the applicant is acting in any representative capacity, or relief is sought against any respondent in a representative capacity, state the capacity of the applicant or, as the case may be, the respondent;
(c) set out the facts or circumstances which it is alleged authorise or entitle the applicant to make, or justify the applicant in making, the application and which support the granting of the relief sought; and
(d) set out the basis of the deponent’s belief as to the existence of the facts or circumstances referred to in the preceding paragraph.
(2) The affidavit shall exhibit copies of all correspondence and documents passing between the applicant and each respondent (if any), or otherwise issuing from any of them, relevant to the matter or matters in respect of which relief is sought. Subject to any direction the Court may give, such copies shall be incorporated in a single exhibit, in which event they shall be indexed and numbered sequentially in chronological order.
(3) Notwithstanding sub-rules (1) and (2), where the application is an enforcement application, and the relevant enactment provides that the Court shall not hear the respondent, or party in default, it shall be sufficient for the grounding affidavit to:
(a) set out the making of the decision, determination, recommendation or settlement of the relevant authority sought to be enforced;
(b) exhibit a copy of the decision, determination, recommendation or settlement of the relevant authority (if in writing), and
(c) contain averments as to when and by what means that decision, determination, recommendation or settlement was communicated or delivered to each respondent.
4. (1) Subject to any provision to the contrary in the relevant enactment, where the application is by notice of motion, not less than 14 days’ notice of the application shall be given.
(2) Each respondent shall be served with the notice of motion and copies of the grounding affidavit and any exhibits thereto.
5. (1) A respondent wishing to be heard on the application shall enter an Appearance in accordance with Order 15, rule 7A, and deliver a copy of his Appearance to the applicant.
(2) Save where an enactment provides that the Court shall not hear a party, any respondent intending to oppose the application may file in the Office a replying affidavit setting out concisely the grounds for such opposition and verifying any facts relied on in opposing the application, and a copy of such affidavit (and any exhibits thereto) shall be served upon the applicant and upon every other respondent before the return date of the notice of motion.
(3) The applicant shall be at liberty to file a further affidavit replying to any matter verified in an affidavit of a respondent, in which event a copy of such affidavit shall be served upon each respondent within seven days of the service upon him of the respondent’s affidavit.
(4) In any case where reference is made in an affidavit to a document exhibited previously in an affidavit of any party, the document concerned shall not be further exhibited, but shall be identified by the exhibit reference used in relation to that document in the previous affidavit.
6. An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion, grounding affidavit and exhibits (if any) shall be filed by the applicant before the notice of motion is heard. If any person who ought under this Order to have been served has not been so served, the affidavit shall state that fact and the reason for it.
7. Save where the Court otherwise directs, any evidence in proceedings to which this Order relates shall be given on affidavit.
8. (1) On the return date of the notice of motion (or on any adjournment from such date), the Court shall (if it does not hear the application on that date) give directions and make orders for the conduct of the proceedings as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings which, where appropriate, may include:
(a) directions as to the service of notice of the application on any other person, including mode of service and the time allowed for such service (and the Court may for that purpose adjourn the hearing of the notice of motion or further hearing of such application to a date specified);
(b) directions as to the filing and delivery of any further affidavits by any party or parties;
(c) orders fixing time limits;
(d) directions as to discovery;
(e) directions as to the exchange of memoranda between or among the parties for the purpose of the agreeing by the parties or the fixing by the Court of any issues of fact or law to be determined in the proceedings on the application, or orders fixing such issues;
(f) a direction that the application be determined on oral evidence, where it appears to the Court that the subject matter of the application is likely to involve a substantial dispute of fact or it is otherwise necessary or desirable in the interests of justice (and the Court may for that purpose make orders and give directions in relation to the exchange of pleadings or points of claim or defence between the parties);
(g) directions as to the furnishing by the parties to the Court and delivery of written submissions;
(h) directions as to the publication of notice of the hearing of the application and the giving of notice in advance of such hearing to any person other than a party to the proceedings who desires to be heard on the hearing of the application.
(2) On the return date of the notice of motion (or on any adjournment from such date), the Court may, where it deems fit, hear any application for relief of an interlocutory nature, whether in the nature of an injunction or otherwise.
[1] Order 64B inserted by SI 470 of 2009, effective 25 December 2009.