Courts Service
Rules of the Superior Courts
Paper, Printing and Copies of Documents
1. All notices required by these Rules shall be in writing, unless expressly authorised by the Court to be given orally.
2. All documents to be filed or lodged in any of the Offices or prepared for use in Court shall be clearly and legibly written.
3.[1] The quality and size of paper to be used in any documents to be filed or lodged in the Office of the Registrar of the Supreme Court, the Office of the Registrar of the Court of Appeal or in the Central Office and the complement to be written on such documents shall be prescribed from time to time by the President of the High Court.
4. Copies of documents for use in Court or for marking as attested or certified copies shall correspond in form with the original document.
5. Where pursuant to these Rules any document is required to be printed, the following provisions shall apply thereto:
(a) the document may be either printed or reproduced by type-lithography or stencil-duplicating, and such reproduction shall for the purpose of these Rules be deemed to be printing;
(b) the party printing the document shall, on demand in writing, furnish to any other party any number of printed copies, not exceeding ten, upon payment therefor at the rate of four pence per folio;
(c) as between a solicitor delivering printed copies and his client, credit shall be given by the solicitor for the whole amount payable by any other party for such printed copies;
(d) a party entitled to be furnished with a printed copy shall not be allowed any charge in respect of a written copy (except the amount payable for such printed copy), unless the Court shall otherwise direct;
(e) where the document is required to be attested, a printed copy thereof shall be left with the Superintendent of Typists, or such officer or officers as may be designated by the President of the High Court for that purpose;
(f) the party or solicitor who has taken any printed copy of an affidavit shall produce the same upon every proceeding to which it relates;
(g)[2] where the High Court, the Court of Appeal or the Supreme Court orders any document to be printed, such Court may order the expense of printing to be borne and allowed, and printed copies to be furnished by and to such parties and upon such terms as may be ordered.
6. Where any party who is entitled to a copy of any document which has been filed or prepared by or on behalf of another party, but is not required to be printed, demands a copy thereof from such last mentioned party and undertakes to pay for it at the rate of eight pence per folio, such copy shall be furnished by such last mentioned party within twenty-four hours after such demand, or within such other time as the Court may direct, on payment of the proper charges therefor; and if such copy shall not be furnished within the time aforesaid, the party seeking the same shall be at liberty to procure a copy from the office in which the original has been filed and in such case the solicitor making default in furnishing such copy shall not be entitled to any costs in respect of the copy applied for.
7. Where a party or his solicitor refuses to deliver a copy of any document which ought to be delivered by him or does not deliver the same within the time aforesaid, an addition of two clear days shall be made to the period within which any proceedings which may have to be taken after obtaining such copy ought to be so taken.
8. (1) Every copy of a document furnished by a party or his solicitor to another party shall be clearly and legibly written on paper of durable quality of the same size as, and corresponding in form with, the original document; and the number of folios therein shall be certified thereon by the solicitor furnishing the same and, if such certificate be erroneous, the costs of such copy maybe disallowed in whole or in part.
(2) The name and address of the party or the name and registered place of business of the solicitor by whom a copy of any document is furnished shall be indorsed thereon in like manner as upon documents filed in Court, and such party or solicitor shall be answerable for the same being a true copy of the original.
9. The note prescribed by Order 40, rule 11, shall be printed on every printed copy of an affidavit and copied on every copy of an affidavit furnished to any party.
[1] Order 117 rule 3 amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Office of the Registrar of the Court of Appeal.
[2] Order 117 rule 5(g) amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.
Lodgment of Documents
1. [2] In this Order:
“court document” includes any pleading, notice, affidavit, bill of costs or other document required by these Rules to be lodged with any officer or in any office in or in connection with any proceeding;
“lodge”, in relation to any document, means lodge, file, leave with or at, deliver or transmit, or any analogous word or expression, and cognate words and expressions shall be construed accordingly;
“non-personal delivery” of a court document means
(a) delivery of that document at the office or to the officer specified in the provision of these Rules concerned:
(i) by pre-paid registered post,
(ii) by pre-paid ordinary post, or
(iii) through a document exchange service accepted by the officer for the time being managing the Central Office, or
(b) deposit of that document in a box or at a facility maintained for the purpose by the office or officer so specified,
in accordance with any conditions stipulated in the manner provided in rule 2;
“office” means any office by law attached to the Supreme Court, the Court of Appeal, the High Court or the President of the High Court;
“officer” means any officer of or attached to an office;
“personal delivery” means lodgment of a court document, together with any copy required and proof of payment of any court fee required (where necessary, endorsed on the court document), at an office, with the officer concerned or with a member of the staff of the officer or office who is authorised to accept it.
2. (1)[3](a) the proper officer may, with the approval of:
(i) the Chief Justice in respect of proceedings in the Supreme Court, or
(ii) the President of the Court of Appeal in respect of proceedings in the Court of Appeal, or
(iii) the President of the High Court in respect of proceedings in the High Court,
stipulate conditions, to be published in such manner as the Chief Justice, the President of the Court of Appeal or the President of the High Court, as the case may be, may approve, subject to which non-personal delivery of a court document may be effected.
(b) In paragraph (a), the “proper officer” means:
(i) the Registrar of the Supreme Court, in the case of the Supreme Court;
(ii) the Registrar of the Court of Appeal, in the case of the Court of Appeal, and
(iii) the officer for the time being managing the Central Office, in the case of the High Court.
(2) Conditions referred to in sub-rule (1) may be particular or general, and may include a requirement for the discharge of the expense of returning any court document, or copy of such document, by particular means to the person who has delivered it.
(3) Subject to sub-rule (4) and rules 4 and 5, where a provision of these Rules requires or authorises a party or person to lodge any court document, such lodgment may alternatively be effected by non-personal delivery in accordance with any condition stipulated for that means of non-personal delivery.
(4) Nothing in sub-rule (3) limits or modifies any provision of these Rules which requires or authorises a party or person to lodge any court document by ordinary pre-paid post, pre-paid registered post or other method of delivery not being personal delivery.
3. (1) Where any court document is authorised to be lodged by non-personal delivery:
(a) the court document shall be accompanied by such document, if any, as is required under any conditions stipulated concerning non-personal delivery in accordance with rule 2;
(b) where payment of a court fee is chargeable in respect of the lodgment of the court document and requires to be recorded by means of a stamp impressed on the court document or a court fee card, the court document shall be deemed not to be lodged by non-personal delivery unless payment of the applicable court fee is recorded by means of a stamp impressed on that court document or by another means for the time being authorised by law for the recording of the payment of a court fee (including by attaching to that document a court fee card recording payment of the applicable court fee);
(c) there shall be delivered with any court document lodged by non-personal delivery so many copies of that document and such other documents and such and so many copies of other documents as would be required on the personal delivery of that court document;
(d) the date of lodgment of the document shall, unless the contrary is proven, be deemed to be the date of lodgment recorded in any cause book or other record kept for the purpose in the office or by or on behalf of the officer concerned;
(e) no court document lodged by non-personal delivery shall in any case be deemed to have been lodged with any officer or in any office unless in fact received (as the case may be) at that office, or by that officer or a staff member authorised by such officer to receive it;
(f) no court document lodged by non-personal delivery shall in any case be deemed to have been lodged at or within any period of time unless in fact received (as the case may be) at or within that period of time;
(g) for the purpose of fixing the date to which any special summons lodged for issue by non-personal delivery is returnable, or the date for the hearing of any originating notice of motion or notice of motion lodged for issue by non-personal delivery, a period of four days shall be allowed for the return of a copy of the issued court document to the party who lodged it, before the expiry of which it shall be assumed service on any party or person (where required) cannot be effected.
(2) Where a court document, having been issued, has been returned to the party or person who lodged it for issue by non-personal delivery, and that court document is not received by that party or person within a reasonable time after it is sent,
(a) the office or officer concerned may, at the request of that party or person, furnish to that person
(i) a copy of any duplicate or copy of the court document concerned retained by the office or officer, with a certificate endorsed thereon confirming the issue of the court document to which the duplicate or copy relates;
(ii) a certificate as to any record made of the issue of the court document concerned, and
(b) the party or person may, subject to and in accordance with any order or direction of the Court, proceed on a copy of the court document certified in accordance with paragraph (a)(i) or, where the court so permits, a copy of the court document lodged for issue, certified by the party who lodged it or his solicitor to be a true copy of the court document lodged, and a certificate given in accordance with paragraph (a)(ii).
4. The provisions of rules 2 and 3 do not apply to:
(a)[4] books of appeal referred to in Order 58, rule 12 or motion books to be lodged in the Office of the Registrar of the Supreme Court;
(b) a court document required to be lodged in accordance with Order 63A rule 7;
(c) the original will of any ward lodged in the Office of Wards of Court;
(d) a form or notice of motion referred to in Order 70A, rule 29(3);
(e) any court document required under these Rules to be handed to a registrar or handed into court;
(f)[5] any other court document in respect of which:
(i) the Chief Justice in respect of proceedings before the Supreme Court,
(ii) the President of the Court of Appeal in respect of proceedings before the Court of Appeal, and
(iii) the President of the High Court in respect of proceedings before the High Court,
has by practice direction directed that a method of lodgment other than non-personal delivery is required.
5. (1) An affidavit of scripts and any scripts annexed thereto shall be filed in the Central Office by pre-paid registered post or by personal delivery.
(2) Save for personal applications for probate or letters of administration (to which Part XXIX of Order 79 applies), applications under rule 3 of Order 79 for probate or letters of administration for which the deposit of an original will or codicil is required may be made through a solicitor by pre-paid registered post or by lodgment directly in the Probate Office by or on behalf of that solicitor.
[1] Order 117A inserted by SI 692 of 2011, effective 11 January 2012.
[2] Order 117A rule 1 amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 substituted the definition of “office” to include a reference to the Court of Appeal.
[3] Order 117A rule 2(1) substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
[4] Order 117A rule 4(a) substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. However, there is an error in SI 485 of 2014. It states that the provision amended is Order 117 rule 4(a).
[5] Order 117A rule 4(f) substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
Recording of Proceedings
2. At the trial or hearing of any cause or matter, any party may, with the Court’s permission and subject to and in accordance with any direction of the Court, make or cause to be made a record of the proceedings, which record shall (subject, in the case of criminal proceedings, to rule 14(2) of Order 86) include:
(a) the oral evidence;
(b) in the case of an action tried by a Judge and jury, the Judge’s charge and directions to the jury, and the submissions and requisitions made to the judge and his ruling thereon;
(c) in any case tried by a Judge without a jury, the Judge’s judgment (unless it be a written judgment).
3. At the hearing of any inquiry as to damages or other proceedings by the Master, any party may, with the Master’s permission and subject to any order or direction of the Master, make or cause to be made a record of the proceedings in such case, which record shall include:
(a) any oral evidence;
(b) any speech or submissions by counsel or solicitor;
(c) the Master’s judgment (unless it be a written judgment),
and Order 36, rule 44 shall not apply in any such case.
4. The party making or causing to be made a record in a case referred to in rule 2 or rule 3 shall pay the cost of the production of the record and, where any transcript is required, the cost of the production of such transcript and the said payment shall be borne by the said party unless the Judge or the Master (as the case may be) shall after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so recorded, or, as the case may be, a transcript produced. If such certificate is given, the cost occasioned by the making of the record (and, where certified, any cost arising from the production of a transcript of or from the record) to which the certificate relates shall be part of the costs in the cause.
5. The Judge shall have power during the course or at the conclusion of the trial or hearing, to direct that a transcript of the record or any part thereof be furnished to him at the public expense or be furnished to any party applying therefor at the expense of that party.
6. (1)[4] In case of an appeal, only such part of the record of the proceedings as the parties agree to be relevant shall be transcribed and included in the books of appeal to be lodged by the appellant pursuant to Order 58 or, as the case may be, Order 86. Any party may, however, cause any additional part of the record to be transcribed and included in the books of appeal but shall not be allowed the expenses of such additional part of the transcript (or of making copies thereof) as part of any costs awarded to him unless the Supreme Court or Court of Appeal shall immediately after the appeal certify that in its opinion it was expedient or desirable that the transcript of such additional part of the record should have been lodged with the books of appeal.
(2)[5] The Supreme Court or Court of Appeal shall have power, on the application of any party or without any such application, before or during the hearing of an appeal, to direct that any part of the record of the proceedings which has not been included in the books of appeal be transcribed and included therewith.
7.[6] The Supreme Court, Court of Appeal or the Court may require the production to it of a record in such manner as it requires.
8. Unless
(a) otherwise permitted by and in accordance with this Order, or
(b)[7] otherwise permitted by the Supreme Court, the Court of Appeal or the Court and, in that event, subject to and in accordance with any direction of such court,
no person, other than the Courts Service or a person authorised by it on its behalf, shall make any record of proceedings otherwise than by written or shorthand notes.
9.[8] [9] (1) Any party or person who seeks access to any part of a record of proceedings (in this rule referred to as the “relevant record”) which is held by or for the Supreme Court, the Court of Appeal or the Court, as the case may be (in this rule referred to as the “relevant court”) may apply to the relevant court by motion in the proceedings concerned on notice to the other party or the parties to those proceedings, grounded upon an affidavit.
(2) On the date first fixed for the hearing of the motion, the relevant court may:
(a) direct that copies of the notice of motion and affidavit be served on any other person who the relevant court considers has a sufficient interest in or may be affected by the application;
(b) fix time limits for the delivery of any replying affidavit.
(3) The relevant court may, for the purposes of considering any such application, review privately the contents of the relevant record.
(4) Subject to sub-rule (5), the relevant court may, where it considers it necessary in the interests of justice so to do, permit the applicant to have such access to all or such part of the relevant record concerned as is specified in the order made on the application, by such means and at such time or times as may be specified in that order and on such terms and under such conditions (including terms restraining the publication, dissemination or further disclosure of all or any part of the relevant record by the applicant, and the giving of an undertaking to such effect) as the relevant court may direct.
(5) Unless the relevant court otherwise directs, access to the relevant record concerned shall, where permitted under sub-rule (4), be afforded solely by the provision to the applicant of a transcript of all or any part of that record, on payment by the applicant to the transcript writer of the transcript writer’s fee for producing the transcript.
[1] Order 123 substituted by SI 325 of 2008, effective 10 September 2008, which changed title from “Shorthand Reporting”.
Superseded amendments: Order 123 rule 7 inserted by SI 137 of 2004. SI 137 of 2004 is effective 30 April 2004, subject to paragraph 3(2) which provides: “Rule 1 shall apply for the purposes of any proceedings begun after the commencement of these Rules but shall not affect any proceedings begun before such commencement.”
[2] Order 123 rule 1 deleted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
[3] Superseded amendment: Order 123 rule 1 substituted by SI 101 of 2013, effective 8 April 2013.
[4] Order 123 rule 6(1) substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
[5] Order 123 rule 6(2) amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.
[6] Order 123 rule 7 amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.
[7] Order 123 rule 8(b) amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.
[8] Order 123 rule 9 inserted by SI 101 of 2013, effective 8 April 2013.
[9] Order 123 rule 9(1) substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
Time
1. Where by these Rules, or by any order, time for doing any act or taking any proceeding is limited by months, such time shall be computed by calendar months, unless otherwise expressed.
2. Where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceeding, Saturday, Sunday, Christmas Day and Good Friday shall not be reckoned in the computation of such limited time.
3. Where the time for doing any act or taking any proceeding expires on a Saturday, Sunday, or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open.
4. [1] Subject to rule 5, a party may deliver or amend a pleading during the Long vacation.
5. [2] Save on consent of the parties or by direction of the Court, the month of August shall not be reckoned in the computation of the times appointed or allowed by these Rules for amending, or delivering a pleading.
6. The day on which an order for security for costs is served and the time thenceforward until and including the day on which such security is given, shall not be reckoned in the computation of time allowed to plead, answer interrogatories, or take any other proceeding in the cause or matter.
7. [3] (1) Subject to sub-rule (2) and to any relevant provision of statute, the Court shall have power to enlarge or abridge the time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the Court may direct, and any such enlargement may be ordered although the application for same is not made until after the expiration of the time appointed or allowed.
(2) Sub-rule (1) does not apply to any application to which Order 8 applies
8. The time for delivering, amending, or filing any pleading, answer, or other document may be enlarged by consent in writing, without application to the Court.
9. Service of summonses, pleadings, notices, orders, and other proceedings, shall be effected before the hour of five o’clock in the afternoon, except on Saturdays, when it shall be effected before the hour of one o’clock in the afternoon. Service effected after five o’clock in the afternoon on any weekday except Saturday shall, for the purpose of computing any period of time subsequent to such service, be deemed to have been effected on the following day. Service effected after one o’clock in the afternoon on Saturday shall for the like purpose be deemed to have been effected on the following Monday.
10. In any case in which any particular number of days, not expressed to be clear days, is prescribed by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day.
11. In any cause or matter in which there has been no proceeding for one year from the last proceeding had, the party who desires to proceed shall give a month’s notice to the other party of his intention to proceed. In any cause or matter in which there has been no proceeding for two years from the last proceeding had, the defendant may apply to the Court to dismiss the same for want of prosecution, and on the hearing of such application the Court may order the cause or matter to be dismissed accordingly or may make such order and on such terms as to the Court may seem just. A motion or summons on which no order has been made shall not, but notice of trial although countermanded shall, be deemed a proceeding within this rule.
12.[4] Where:
(a) a provision of these Rules requires the delivery to or service on a party of any pleading or other document within a prescribed period after the delivery or service of a previous pleading or document or after another step in the proceedings, and
(b) the party to whom the pleading or other document is to be delivered or on whom such pleading or other document is to be served has provided an address for service outside the jurisdiction, and
(c) the pleading or other document can only be served in accordance with Order 11D,
the delivery or service of the pleading or other document concerned shall be deemed to have been effected in time if lodged with the transmitting agency for the transmission and service of the pleading or other document in accordance with Order 11D within the prescribed period.
[1] Order 122 rules 4 and 5 substituted by SI 471 of 2016, effective 10 October 2016.
[2] Order 122 rules 4 and 5 substituted by SI 471 of 2016, effective 10 October 2016.
[3] Order 122 rule 7 substituted by SI 482 of 2018, effective 11 January 2019.
Superseded amendment: Order 122 rule 7 substituted by SI 248 of 2005, effective 2 June 2005.
[4] Order 122 rule 12 inserted by SI 307 of 2013, effective 26 August 2013.
Recording of Proceedings
2. At the trial or hearing of any cause or matter, any party may, with the Court’s permission and subject to and in accordance with any direction of the Court, make or cause to be made a record of the proceedings, which record shall (subject, in the case of criminal proceedings, to rule 14(2) of Order 86) include:
(a) the oral evidence;
(b) in the case of an action tried by a Judge and jury, the Judge’s charge and directions to the jury, and the submissions and requisitions made to the judge and his ruling thereon;
(c) in any case tried by a Judge without a jury, the Judge’s judgment (unless it be a written judgment).
3. At the hearing of any inquiry as to damages or other proceedings by the Master, any party may, with the Master’s permission and subject to any order or direction of the Master, make or cause to be made a record of the proceedings in such case, which record shall include:
(a) any oral evidence;
(b) any speech or submissions by counsel or solicitor;
(c) the Master’s judgment (unless it be a written judgment),
and Order 36, rule 44 shall not apply in any such case.
4. The party making or causing to be made a record in a case referred to in rule 2 or rule 3 shall pay the cost of the production of the record and, where any transcript is required, the cost of the production of such transcript and the said payment shall be borne by the said party unless the Judge or the Master (as the case may be) shall after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so recorded, or, as the case may be, a transcript produced. If such certificate is given, the cost occasioned by the making of the record (and, where certified, any cost arising from the production of a transcript of or from the record) to which the certificate relates shall be part of the costs in the cause.
5. The Judge shall have power during the course or at the conclusion of the trial or hearing, to direct that a transcript of the record or any part thereof be furnished to him at the public expense or be furnished to any party applying therefor at the expense of that party.
6. (1)[4] In case of an appeal, only such part of the record of the proceedings as the parties agree to be relevant shall be transcribed and included in the books of appeal to be lodged by the appellant pursuant to Order 58 or, as the case may be, Order 86. Any party may, however, cause any additional part of the record to be transcribed and included in the books of appeal but shall not be allowed the expenses of such additional part of the transcript (or of making copies thereof) as part of any costs awarded to him unless the Supreme Court or Court of Appeal shall immediately after the appeal certify that in its opinion it was expedient or desirable that the transcript of such additional part of the record should have been lodged with the books of appeal.
(2)[5] The Supreme Court or Court of Appeal shall have power, on the application of any party or without any such application, before or during the hearing of an appeal, to direct that any part of the record of the proceedings which has not been included in the books of appeal be transcribed and included therewith.
7.[6] The Supreme Court, Court of Appeal or the Court may require the production to it of a record in such manner as it requires.
8. Unless
(a) otherwise permitted by and in accordance with this Order, or
(b)[7] otherwise permitted by the Supreme Court, the Court of Appeal or the Court and, in that event, subject to and in accordance with any direction of such court,
no person, other than the Courts Service or a person authorised by it on its behalf, shall make any record of proceedings otherwise than by written or shorthand notes.
9.[8] [9] (1) Any party or person who seeks access to any part of a record of proceedings (in this rule referred to as the “relevant record”) which is held by or for the Supreme Court, the Court of Appeal or the Court, as the case may be (in this rule referred to as the “relevant court”) may apply to the relevant court by motion in the proceedings concerned on notice to the other party or the parties to those proceedings, grounded upon an affidavit.
(2) On the date first fixed for the hearing of the motion, the relevant court may:
(a) direct that copies of the notice of motion and affidavit be served on any other person who the relevant court considers has a sufficient interest in or may be affected by the application;
(b) fix time limits for the delivery of any replying affidavit.
(3) The relevant court may, for the purposes of considering any such application, review privately the contents of the relevant record.
(4) Subject to sub-rule (5), the relevant court may, where it considers it necessary in the interests of justice so to do, permit the applicant to have such access to all or such part of the relevant record concerned as is specified in the order made on the application, by such means and at such time or times as may be specified in that order and on such terms and under such conditions (including terms restraining the publication, dissemination or further disclosure of all or any part of the relevant record by the applicant, and the giving of an undertaking to such effect) as the relevant court may direct.
(5) Unless the relevant court otherwise directs, access to the relevant record concerned shall, where permitted under sub-rule (4), be afforded solely by the provision to the applicant of a transcript of all or any part of that record, on payment by the applicant to the transcript writer of the transcript writer’s fee for producing the transcript.
[1] Order 123 substituted by SI 325 of 2008, effective 10 September 2008, which changed title from “Shorthand Reporting”.
Superseded amendments: Order 123 rule 7 inserted by SI 137 of 2004. SI 137 of 2004 is effective 30 April 2004, subject to paragraph 3(2) which provides: “Rule 1 shall apply for the purposes of any proceedings begun after the commencement of these Rules but shall not affect any proceedings begun before such commencement.”
[2] Order 123 rule 1 deleted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
[3] Superseded amendment: Order 123 rule 1 substituted by SI 101 of 2013, effective 8 April 2013.
[4] Order 123 rule 6(1) substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
[5] Order 123 rule 6(2) amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.
[6] Order 123 rule 7 amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.
[7] Order 123 rule 8(b) amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted a reference to the Court of Appeal.
[8] Order 123 rule 9 inserted by SI 101 of 2013, effective 8 April 2013.
[9] Order 123 rule 9(1) substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
Effect of Non-Compliance
1. Non-compliance with these Rules shall not render any proceedings void unless the Court shall so direct, but such proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Court shall think fit.
2. No application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken any fresh step after knowledge of the irregularity.
3. Where an application is made to set aside proceedings for irregularity, the several objections intended to be insisted upon shall be stated in the notice of motion.
Interpretation and Forms
1.[1] [2] In these Rules, unless there is anything in the subject or context repugnant thereto, the several words and expressions hereinafter mentioned shall have or include the meanings following:
the “1968 Convention” means the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (including the Protocol annexed to that Convention), signed at Brussels on the 27th day of September 1968, including the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention;
the “1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act 1998;
the “Accountant” means the Accountant attached to the High Court or a deputy appointed by the Courts Service;
“action” means a civil proceeding commenced by originating summons or in such other manner as may be authorised by these Rules, but does not include a criminal proceeding at the suit of the Attorney General;
“the Acts” means the Courts (Establishment and Constitution) Act 1961, and the Courts (Supplemental Provisions) Acts 1961 to 2012;
“address for service” means a complete postal address (including, where relevant, any postcode or other identifying reference number) to be notified by every party to proceedings begun before the Court to every other party to the proceedings at which that party may be served with documents relating to the proceedings, which must, unless otherwise provided in these Rules or permitted by order of the Court, be:
(a) the place of business duly registered under the Solicitors Acts 1954 to 2008, either within the jurisdiction or within the jurisdiction of another state of the European Economic Area, of a solicitor who has been nominated to accept service on behalf of the party to be served or who is acting for the party to be served; or
(b) the business address within the jurisdiction of a state of the European Economic Area of a registered lawyer (construed in accordance with Regulation 2 of the European Communities (Lawyers’ Establishment) Regulations 2003 (SI No 732 of 2003)), who has been nominated to accept service on behalf of the party to be served or who is acting for the party to be served; or
(c) where the party sues or defends in person:
(i) an address within the jurisdiction at which the party resides or carries on a trade, profession or business; or
(ii) an address within the jurisdiction of another state of the European Economic Area at which the party resides or carries on a trade, profession or business; or
(d) in any case in which paragraphs (a), (b) and (c) do not apply, an address for service within the jurisdiction;
“admiralty action” has the meaning given thereto by Order 64, rule 1;
“affidavit” in the case of a person allowed by law to declare instead of swearing, includes a declaration,
“attested copy” means a copy attested by the Superintendent of Typists, or such officer or officers as may be designated by the President of the High Court;
“authorised securities” means any investment in which money under the control or subject to the order of any court may be invested pursuant to the provisions of the Trustees (Authorised Investments) Act 1958, section 3;
“the Bank” means either, as the context requires, the Governor and Company of the Bank of Ireland or the bank of such Governor and Company;
“cause” includes any action, suit or other original proceeding between a plaintiff and defendant and any criminal proceeding;
“Central Office” means the Central Office established by the Courts (Supplemental Provisions) Act 1961;
“Chief State Solicitor” means the Chief Prosecution Solicitor where the Director of Public Prosecutions is a party or an intended party to proceedings or in respect of functions conferred on the Director of Public Prosecutions by section 3 of the Prosecution of Offences Act 1974 or otherwise;
“the Constitution” means the Constitution of Ireland enacted by the people on the 1st day of July, 1937;
“County Registrar” means
(a) the County Registrar attached to the Circuit Court for a county or other area served by the Circuit Court office to which he is for the time being assigned under the Court Officers Act 1926, including any deputy for that County Registrar for the time being appointed in accordance with section 40 of that Act and any person for the time being required and authorised to perform the duties of the office of that County Registrar in accordance with section 9 of the Court Officers Act 1945 and
(b) if the context so permits, where any business of the office of the Circuit Court in a county is specified in accordance with section 14 of the Courts and Court Officers Act 2009 as business that shall be transacted in a combined court office established under that section:
(i) the combined court office manager appointed under section 19 of that Act for that combined court office, or
(ii) a member of staff of the Courts Service employed in that combined court office under section 21 of the Courts and Court Officers Act 2009, where the combined court office manager has arranged that that member of staff may exercise such of the powers, authorities, duties and functions as the combined court office manager cannot conveniently exercise or perform himself; [3]
“Contracting State of the Lugano Convention” has the meaning assigned to a “state bound by the Convention” by section 20A(1) of the Jurisdiction of Courts and Enforcement of Judgments Act 1998;
“Counsel” shall, where the context so admits or requires, include a lawyer, or lawyers, registered under the European Communities (Lawyers’ Establishment) Regulations 2003 (as amended) for the purpose of pursuing the professional activities of a barrister within the meaning of the said Regulations;
“the Court” means either, as the context requires, the High Court or a Judge or Judges thereof, and includes the Master, the Examiner and the Probate Officer where they respectively have jurisdiction;
the “Courts Service” means the Courts Service established by the Courts Service Act 1998;
“defendant” includes every person served with an originating summons, or served with notice of, or entitled to attend, any proceedings;
“land” includes messuages, tenements, hereditaments, houses and buildings of any tenure;
the “Lugano Convention” has the meaning assigned to the “Convention” by section 20A(1) of the Jurisdiction of Courts and Enforcement of Judgments Act 1998;
“the Master” means the Master of the High Court and includes a deputy appointed by the Courts Service;
“matter” shall include every proceeding in the Court not in a cause;
“oath”, in the case of a person allowed by law to affirm instead of swearing, includes an affirmation;
“party” includes every person served with notice of or attending any proceedings, although not named on the record;
“person” includes a body corporate (whether aggregate or sole) and an unincorporated body of persons;
“petitioner” includes any person making an application to the Court, either by petition or motion, otherwise than as against a defendant;
“plaintiff” includes any person seeking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of civil proceeding;
“pleading” includes an originating summons, statement of claim, defence, counter- claim, reply, petition or answer;
“probate action” means any proceeding commenced by originating summons and seeking the grant or recall of probate, or letters of administration, or similar relief;
“record” means a contemporaneous record of the proceedings concerned made by any one or more means, including, without limitation:
any shorthand or other note, whether written, typed or printed, and
any sound recording or other recording, capable of being reproduced in legible, audible or visual form, approved by the court;
“registered post” means pre-paid registered post as referred to in section 23(1) of the Courts Act 1971 or any other form of registered items service (within the meaning of section 16(12) of the Communications Regulation (Postal Services) Act 2011) provided by:
(a) a universal postal service provider designated under section 17 or section 18 of the Communications Regulation (Postal Services) Act 2011 or
(b) a person who is for the time being deemed in accordance with section 38 of that Act to be a postal service provider authorised to provide a registered items service and registered as such in the register maintained in accordance with section 40 of that Act,
and references to “prepaid registered post”, “registered pre-paid post”, “registered letter”, “prepaid registered letter”, and all cognate expressions, shall be construed accordingly.
“Regulation No. 1215/2012” means Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (O.J. L. 351/1 of 20 December 2012);[4]
“Regulation No 2201/2003” means Council Regulation (EC) No 2201/2003 of 27 November 2003 (OJ L 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No 1347/2000 of 29 May 2000 (OJ L 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses, as amended, which latter Regulation is repealed as from the date of application of Council Regulation (EC) No 2201/2003 and any reference to an Article of Council Regulation (EC) No 2201/2003 shall include reference to the corresponding Article of Council Regulation (EC) No 1347/2000 indicated in Annex V of Council Regulation (EC) No 2201/2003;
“sheriff” includes County Registrar when exercising the powers and functions of sheriff;
“solicitor” shall, where the context so admits or requires, include a lawyer, registered under the European Communities (Lawyers’ Establishment) Regulations 2003 (as amended) for the purpose of pursuing the professional activities of a solicitor within the meaning of the said Regulations;
“statutory practice direction” means, as the case may be, a practice direction issued by the Chief Justice in accordance with section 7 of the Courts (Supplemental Provisions) Act 1961 or a practice direction issued by the President of the Court of Appeal in accordance with section 7C of that Act;
“suit” includes action;
“Superior Courts” means the Supreme Court, the Court of Appeal and the High Court (including the Central Criminal Court);
“transcript writer” means any person (including a body corporate acting by its employee or contractor) appointed by the Courts Service to make a transcript of the record.
“trust corporation” has the meaning given thereto by section 30(4) of the Succession Act 1965;
“writing” includes printing, typewriting, lithography, photography and other modes of representing or reproducing words in visible form and cognate words shall be construed accordingly;
words importing the singular shall be construed as importing the plural and vice versa;
words importing the masculine gender shall be construed as importing the feminine gender;
references to any Regulation, Directive, Decision or Framework Decision adopted by the Council of the European Union, whether or not jointly with any other institution of the European Union, shall (save where any such amendment or extension does not have force of law in the State) be deemed to be references to such Regulation, Directive, Decision or Framework Decision as amended or extended from time to time.
2. The several Appendices hereto shall be deemed to form part of these Rules.
3. The respective forms in the said Appendices shall, where applicable or appropriate, be used with such variations or modifications as circumstances may require. Where such forms are applicable or appropriate, any costs occasioned by the use of any other or more prolix forms shall be borne by, or disallowed to, the party using the same, unless the Court shall otherwise direct.
4.[5] (1)[6] Where any business of an office of the High Court, the Court of Appeal, or Supreme Court or an office attached to the President of the High Court is specified in accordance with section 14 of the Courts and Court Officers Act 2009 as business that shall be transacted in a combined court office established under that section, and while so specified, any requirement of any provision of these Rules to lodge, file, leave, deliver or transmit a document in, at or to (as the case may be) the office concerned shall be satisfied by doing so in, at or to (as the case may be) that combined court office, and not otherwise.
(1A)[7] If and where any business of the office of the Registrar of the Supreme Court, the Registrar of the Court of Appeal or, as the case may be, the principal officer, within the meaning of Part I of the Court Officers Act 1926, of any office attached to the High Court or the President of the High Court is specified in accordance with section 14 of the Courts and Court Officers Act 2009 as business that shall be transacted in a combined court office established under that section, and while so specified, any member of the staff of the Courts Service employed in that combined court office and directed in accordance with section 22(2) of that Act by a combined court office manager to act as registrar to the Supreme Court, registrar to the Court of Appeal or, as the case may be, as the principal officer, of an office attached to the High Court or the President of the High Court, any reference in these Rules to the Registrar of the Supreme Court, the Registrar of the Court of Appeal or, as the case may be, the principal officer concerned shall be deemed to include a reference to the member concerned of the staff of the Courts Service.
(2) Any form in an Appendix to these Rules may be modified as necessitated by the provisions of sub-rule (1) and Part 3 of the Courts and Court Officers Act 2009.
[1] Order 125 rule 1 substituted by SI 307 of 2013, effective 26 August 2013. Order 125 rule 1 amended by SI 277 of 2014, effective 7 July 2014. This inserted the definition of “registered post”.
Order 125 rule 1 amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 485 of 2014 inserted the definitions of “record”, “statutory practice direction” and “transcript writer” and substituted the definition of “Superior Courts”.
[2] Superseded amendments:
Order 125 rule 1 amended by SI 535 of 2001, effective 3 December 2001. SI 535 of 2001 inserted the definition of “Chief State Solicitor”. Order 125 rule 1 amended by SI 15 of 2005, effective 11 February 2005. SI 15 of 2005 inserted the definitions of “Counsel” and “Solicitor”. Order 125 rule 1 amended by SI 407 of 2007, effective 29 June 2007. Order 125 rule 1 amended by SI 325 of 2008, effective 10 September 2008. SI 325 of 2008 inserted the definition of “the Courts Service”.
Order 125 rule 1 amended by SI 270 of 2009, effective 20 July 2009. SI 270 of 2009 substituted the definition of “Superior Courts”. Paragraph 2 of SI 270 of 2009 provides: “Subject to section 3 and Schedule 1 of the Defence (Amendment) Act 2007, nothing in these Rules shall affect the validity of any step taken or any other thing done in proceedings under the Courts-Martial Appeals Act 1983 initiated before the commencement of these Rules. Any such proceedings shall, subject to the section and Schedule aforesaid and, save where the Courts-Martial Appeal Court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made.”
[3] Definition inserted by SI 66 of 2019 effective 15 March 2019.
[4] Definition substituted for a definition of “Regulation No. 44/2001” by SI 9 of 2016 effective 12 January 2016.
[5] Order 125 rule 4 inserted by SI 582 of 2009, effective 11 January 2010.
[6] Order 125 rule 4(1) amended by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014. SI 125 of 2014 inserted a reference to the Court of Appeal.
[7] Order 125 rule 4(1A) inserted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
General
1. The revocation of the Orders and Rules mentioned in Appendix Z shall not operate to revive any former rule of Court.
2. Where no other provision is made by the Acts or these Rules, the present procedure and practice shall remain in force.
3. During the period of any vacancy in the office of Chief Justice these Rules shall operate as if, wherever the words “Chief Justice” are used, the words “President of the High Court” were used; and during the period of any vacancy in the office of President of the High Court, as if, wherever the words “President of the High Court” are used, the words “Chief Justice” were used.
4. Any entry in any cause book or other books of record required to be made by these Rules shall be deemed to be made in accordance with such Rules if made in any computer or other form of record approved from time to time by the President of the High Court.
5. Any court file or record may be kept in such form as may be approved from time to time by the President of the High Court.