District Court Overview
Sittings
Sittings
1. Sittings of the Court shall be held in the places, on the days and at the hours from time to time appointed under the statutory and other provisions in that behalf for the time being in force.
Further sittings
A Judge may, however, hold a sitting of the Court within his or her district—
(1) at a place or time not so appointed, for the preliminary examination of indictable offences;
(2) at a time not so appointed, for the purpose of hearing any proceedings adjourned from a sitting so appointed; and
(3) at a place or time not so appointed for the hearing of such summary offences as may be specified from time to time by order of the Minister pursuant to section 15 of the Courts Act, 1971.
Times and places at which business may be transacted
*2. A Judge may when sitting at a place, on a day, and at an hour appointed for the transaction of any particular class of business of the Court, transact at such sitting any other class of business of the Court.
*Courts of Justice Act 1953 [s.27 (2)].
Adjournment of proceedings and of the court
Adjournment of proceedings
† 1. A Judge may transfer or adjourn the transaction of any business of the Court in which he or she has jurisdiction either to—
(1) another occasion at the place in which he or she was transacting such business at the time of such transfer or adjournment, whether such occasion is or is not a day and hour appointed,
or
(2) to another occasion (whether such occasion is or is not a day and hour appointed) at some other place in his or her district which is a place appointed for the transaction of business of the Court, whether such business does or does not include the said business so transferred or adjourned.
2. (1) A Judge may at any time adjourn the hearing of any proceedings upon such terms as he or she thinks fit and may adjourn generally with liberty to re-enter.
(2) Proceedings which have been adjourned generally with liberty to re-enter may be re-entered by giving not less than ten days’ notice in writing to the other party and lodging a copy of such notice with the Clerk not less than four days before the date of the hearing.
Adjournment of the Court
3. (1) Where a Judge is not in attendance at the time appointed for the holding of a Court the Clerk may, in pursuance of a direction received from such Judge on or before the day and time so appointed, adjourn the holding of such Court and the hearing of the proceedings thereat in accordance with such direction.
(2) Where no such direction is received by the Clerk and no Judge is in attendance one hour after the time appointed for the holding of a Court, the Clerk shall adjourn the holding of such Court and the hearing of the proceedings thereat to the next Court to be held in the court area.
(3) The Clerk shall post a notice of adjournment Form 2.1 Schedule B on the door of thecourthouse and shall retain a copy thereof.
(4) All persons whose attendance shall have been required by any summons, order, civil summons, recognisance or notice at the Court so adjourned shall be deemed to have had notice of such adjournment and shall be obliged to attend on the day to which such adjournment shall take place, without the issue or service of any further summons, order, civil summons, recognisance or notice.
*4. Nothwithstanding the provisions of the rule 3, where there is no sitting of the court on the day to which a person is remanded in custody, such person shall stand remanded to the sitting of the court next held in the same District Court district, and the Clerk sall forthwith transmit to the Governor of the prison or to the person in charge of the remand institution where such person is detained the certificate specified in Order 19, rule 2 (5) (a) of these Rules at Form 19.3, Schedule B.
Language
Either the National language or the English language may be used in any court document or at the hearing of any cause or matter.
Mode of Address
A Judge shall be addressed in court as “A Bhreithimh” or as “Judge”.
Judges’ robes : S.I. No. 77 of 2015
1. (1) These Rules, which shall come into operation on the 15th day of March 2017, may be cited as the District Court (Judges’ Robes) Rules 2017.
(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2017.
2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended by the substitution for Order 5 of the Order set out in the Schedule.
Schedule
1. (1) Save as otherwise provided by Statute or these Rules, the official attire to be worn by the Judges during the sittings of the Court shall be as follows:
(a) a black coat and gown of uniform nature and material and white bands or
(b) a black gown of uniform nature and material with sleeves bearing blue double ribbon banding and a single white neck tab or white bands.
(2) A Judge appointed to the Court after the coming into operation of sub-rule (1) and this sub-rule shall wear the official attire specified in paragraph (b) of sub-rule (1).
2. A Judge, when hearing and determining such proceedings as are referred to in section 45(1) of the Judicial Separation and Family Law Reform Act 1989 (No. 6 of 1989) or proceedings involving a child shall not be required to wear either such gown but shall during the sittings of the Court wear white bands or a single white neck tab and dark attire.
Right of Audience
Persons entitled to appear and address the court
1. The following persons shall be entitled to appear and address the Court and conduct proceedings—
(a) any party to the proceedings; or
(b) a solicitor for such party; or
(c) a counsel instructed by the solicitor for such party; or
(d) where the proceedings are in relation to the taxes and duties under the care and management of the Revenue Commissioners, or in relation to any fine, penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts, a duly authorised officer of the Revenue Commissioners or the Revenue solicitor; or
(e) in proceedings at the suit of the Director of Public Prosecutions in respect of an offence, the said Director or any member of the Garda Síochána or other person appearing on behalf of or prosecuting in the name of the Director.
2. Save where otherwise provided by statute or by rules of court, the father, mother, son, daughter, husband, wife, brother or sister of any party may appear on behalf of that party provided that any such person has the leave of the Court to appear and be heard and that the Court is satisfied that the party is, from infirmity or other unavoidable cause, unable to appear.
Minors And Other Persons Under Disability
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No7-S.I. No. 526 Of 2004: District Court (Personal Injuries Assessment Board Act, 2003) Rules 2004
No7-S.I. No. 258 Of 2005: District Court (Funds In Court) Rules 2005
Construction
1. In this Order—”minor” shall be construed in accordance with the provisions of section 3 of the Age of Majority Act, 1985 (No. 2 of 1985).
Minors — next friend/guardian ad litem
2. A minor may sue by his or her next friend, and may defend any proceeding by his or her guardian ad litem. In any such case, before the name of any person shall be used in proceedings as next friend or guardian ad litem of the minor, such person shall sign an authorisation in the Form 7.1, Schedule C for that purpose, which shall be lodged with the Clerk together with the civil summons or other originating document or, as the case may be, with a notice of intention to defend.
Appointment by the Court
3. Where any proceedings are brought before the Court on behalf of or against a minor the Court may, if it thinks it expedient so to do, at any stage of the proceedings by an order in writing in the Form 7.2, Schedule C, appoint a next friend or a guardian ad litem to act for and on behalf of such minor, and may at any time replace a person so appointed.
Court approval required for acceptance of lodgments, etc.
4. (1) Where a sum of money has been lodged in court by the defendant in an action for a wrong in which the plaintiff is a minor, an application made to the judge pursuant to section 63 (1) of the Civil Liability Act, 1961 (No. 41 of 1961) by the plaintiff to decide whether that sum of money should be accepted or the action should go to trial may, upon notice to the defendant and the Clerk in the Form 7.3, Schedule C, be made at any sitting of the Court for the court area wherein the action is listed for hearing.
(2) The provisions of Order 41, rule 2 (4) of these Rules shall apply to proceedings brought by or on behalf of a minor, where a settlement, compromise, payment or acceptance of money paid into court therein is proposed.
Orders for investment, etc.
5. (1) The Court may direct that any sum of money or other personal property to which the minor may be declared entitled in such proceedings be secured or invested for the benefit of the minor in such manner as the Court may consider advisable.
— interim payments
(2) Unless the Court shall otherwise decide, no interim payment out of any money so secured or invested shall be made save in pursuance of an order of the Court made upon the application of the minor’s next friend or guardian ad litem. Such application may be made at any sitting of the Court for the court district wherein the proceedings were heard and determined, upon lodging with the Clerk a notice in the Form 7.4, Schedule C.
On attaining full age
6. (1) Where the minor attains full age while proceedings to which the foregoing rules of this Order relate are still before the Court, application may be made by the former minor’s solicitor, next friend or, as the case may be, guardian ad litem at any sitting of the Court for the court area wherein the proceedings are being heard for an order that the plaintiff or defendant, formerly a minor, may proceed or defend in his or her own name.
– Payment out of sums invested
(2) A person who, on attaining full age, seeks the payment of any sum of money which was secured or invested for his or her benefit under rule 5 (1) hereof or any balance of such sum remaining due, may apply at any sitting of the Court for the court area wherein the proceedings were heard and determined for an order authorising such payment. Notice of the application in the Form 7.5, Schedule C shall be lodged with the Clerk at least two days prior to the date of hearing. The applicant shall, if required at the hearing, produce proof of age in the manner prescribed in rule 7 hereof.
– order for payment
(3) On hearing the application the Court may by order direct the payment out to the applicant of any sum of money which the Court is satisfied is due to the applicant, together with accrued interest or dividend thereon (if any), or may make any other order on such application as to the Court shall seem just.
Proof of age
7. A certified extract from the Register of Births showing the date of the minor’s birth shall, if required, be produced and proved on behalf of the minor at the hearing of proceedings involving such minor, on an application to have a proposed settlement approved by the Court or on any other application relating to a minor or a person who has lately been a minor. The said date of birth shall be noted in any order of the Court made in any such proceeding or application.
Persons of unsound mind
8. A person of unsound mind may sue by his or her committee or next friend and may defend any proceedings by his or her committee or guardian ad litem and the provisions of this Order, with any necessary modifications, shall apply in appropriate cases and those provisions shall be construed accordingly.
Service of documents
9. Save where the Court otherwise orders, service of documents upon a minor shall be effected in accordance with the provisions (including rule 9) of Order 10 of these Rules, and upon a person of unsound mind in accordance with the provisions (including rule 10) of that Order.
S.I. No. 526 of 2004:
District Court (Personal Injuries Assessment Board Act, 2003) Rules 2004
1. These rules may be cited as the District Court (Personal Injuries Assessment Board Act 2003) Rules 2004.
2. These rules shall come into operation on the 8th day of September 2004 and shall be read together with all other District Court rules for the time being in force.
3. The District Court Rules 1997 (S.I. No. 93 of 1997) shall be amended:
(a) by the insertion in Order 7, immediately following rule 6 thereof, of the following rule:
“6A. (1) An application by the next friend, committee or other person referred to in subsection (1) of section 35 of the Act shall be made to a Judge of the District Court assigned to the district within which the claimant ordinarily resides.
(2) Such application shall be by notice of application in the Form 7.6, Schedule C and shall be addressed to the respondent by name and shall be served by the applicant on the respondent not later than seven days before the date of the sitting for which the application is returnable. Such notice shall be served
(a) by delivering it to the respondent;
(b) by leaving it at the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished by the respondent, at that address, or
(c) by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(3) The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.
(4) Where the Court approves an assessment in accordance with this rule it may give directions as to how the amount recoverable by the minor or person of unsound mind is to be dealt with, including a direction for lodgement in Court and investment of the amount concerned.
(5) The Clerk shall send by ordinary pre-paid post or by e-mail to the Personal Injuries Assessment Board a certified copy of any order made pursuant to this rule.
(6) In the event of an order to pay issuing in accordance with section 38 of the 2003 Act, a copy thereof shall be sent forthwith by the Personal Injuries Assessment Board to the Clerk by ordinary pre-paid post or by e-mail”.
(…)
S.I. No. 258 of 2005:
District Court (Funds in Court) Rules 2005
The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924, section 72 of the Courts of Justice Act, 1936, section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961] and section 34 of the Courts (Supplemental Provisions) Act, 1961, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-
1. These rules may be cited as the District Court (Funds in Court) Rules 2005.
2. These rules shall come into operation on the 3rd day of June 2005 and shall be read together with all other District Court Rules for the time being in force.
3. The District Court Rules 1997 (S.I. No.93 of 1997) is hereby amended:
(i) by the substitution in Order 7, rule 5 thereof for sub rule (1) thereof of the following:
“5.(1) The Court may, subject to the provisions of Order 12A, direct that any sum of money or other personal property to which the minor may be declared entitled in such proceedings be secured or invested for the benefit of the minor in such manner as the Court may consider advisable. A copy of any order made under rule 4, 5 or 6 of this Order shall, where appropriate, be sent by the Clerk to the Accountant”.
Tendering Of Evidence : S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
Evidence by a witness
1. Save where any enactment or rule otherwise provides, the evidence of all witnesses in the Court shall be given viva voce and on oath.
2. In any proceedings a witness who is not a party shall not absent himself or herself from the Court without leave. The Court may, however, order such witness to leave the Court until his or her evidence is required or after such evidence has been given.
S.I. No. 598 of 2014:
District Court (General) Rules 2014
1. (1) These Rules, which may be cited as the District Court (General) Rules 2014, shall come into operation on the 31st day of December, 2014.
(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2014.
2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:
(i) by the insertion immediately following rule 4 of Order 12 of the following rules:
“4A
Notice to the Court
4A. (1) Before any application, other than an ex parte application or an application for an adjournment, is made to the Court, the applicant must, unless any statute or rule otherwise provides, give at least 48 hours notice in writing to the Clerk of the Court at which the application concerned is to be made.
(2) Mode of giving notice
(2) Where under these Rules notice is required or authorised to be given to the Clerk or other parties, such notice must be in writing and may be given by leaving the notice with the Clerk or other parties or by forwarding the notice by prepaid post. Where the notice is forwarded by prepaid post, the date of receipt of notice shall be the day of the actual receipt of the notice.
(3) Newspaper notices
(3) Where any newspaper notice is required in any proceedings in the Court, the Court may, where necessary, determine in which newspaper any notice is to be inserted.
4B Where last day is a Saturday, Sunday or day on which court office closed
4B. Where the time for doing any act or taking any proceeding expires on a Saturday, a Sunday or on another day on which the offices of the Court are closed, and for that reason, the act or proceeding cannot be done or taken on that day, the 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 are next open.”;
(ii) by the insertion immediately following rule 9 of Order 12 of the following rules:
9A Size of documents
“9A. All documents and forms for lodgment in the Court or for service in connection with proceedings in the Court, except accounts, maps and plans, must be written, printed or typewritten on paper of A4 size.”;
(iii) by the insertion immediately following rule 15 of Order 12 of the following rule:
“16 Clerical mistakes
16. Any clerical mistake in any order or warrant, or any error arising in any order or warrant from any accidental slip or omission, may at any time be corrected by the Court.”
(…)
S.I. No. 167 of 2018:
District Court (Extension of Time) Rules 2018
The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924, section 72 of the Courts of Justice Act 1936, section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court:—
1. These rules may be cited as the District Court (Extension of Time) Rules 2018.
2. These rules shall come into operation on the 10th day of June 2018 and shall be read together with all other District Court Rules for the time being in force.
(i) The District Court Rules 1997 (S.I. No. 93 of 1997) are hereby amended by the substitution for rule 10 of Order 12 thereof of the following rule:
“10 Abridgement or enlargement, etc in criminal proceedings
10. (1) Subject to and in accordance with any provision of statute, a Judge may in any criminal proceedings, subject to sub-rule (2), upon such terms as he or she thinks fit enlarge or abridge the time appointed by these Rules, or fixed by the Judge for doing any act or taking any proceeding, and any such enlargement or abridgement may be made although the application for the same is not made until after the expiration of the time appointed or fixed.
(2) Notwithstanding sub-rule (1), any application to state a case under section 2 of the Summary Jurisdiction Act 1857 must be made within the time prescribed by that Act.”.
Funds In Court : S.I. No. 258 Of 2005
Funds in Court
I. Preliminary
1. In this Order:
“Accountant” means the Accountant referred to in section 16 of the Court Officers Act 1926, or a deputy appointed by the Courts Service;
“Accountant’s Office” means the office referred to in section 15 of the Court Officers Act 1926;
“Chief Clerk in the Accountant’s Office” includes a deputy for such person appointed by the Courts Service;
“funds” means moneys, annuities, stocks, shares or other securities;
“Institution” means such company or institution, being the holder of a licence to carry on banking business within the State, as the Accountant may, in consultation with the President of the District Court, from time to time designate for the purpose of providing to the Accountant current account banking services in respect of moneys to be lodged in Court;
“President” means the President of the District Court.
II. Lodgment of Funds in Court
2. (1) The President may prescribe categories of proceedings, or of awards or lodgments made in proceedings, in respect of which funds to be paid into Court are to be lodged at the Accountant’s Office.
(2) Where the President has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub rule 1 hereof, moneys to be lodged in Court within that category shall be paid in at the Accountant’s Office or, where the Accountant directs, at the Institution, and the Accountant or the Institution, as the case may be, shall cause a receipt to be given to the person making the lodgment, and shall send notice of such receipt to the Clerk by post or in such other manner (including transmission electronically) as the Accountant may determine.
(3) The President may prescribe categories of proceedings, or of awards or lodgments made in proceedings, in respect of which funds already paid into Court are to be lodged at the Accountant’s Office.
(4) Where the President has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub rule 3 hereof, funds lodged in Court within that category shall be paid in by each Clerk at the Accountant’s Office or, where the Accountant directs, at the Institution, in accordance with a timetable fixed by the Accountant in consultation with each Clerk, and the Accountant or the Institution, as the case may be, shall cause a receipt to be given to each Clerk making the lodgment, and shall send notice of such receipt to each such Clerk by post or in such other manner (including transmission electronically) as the Accountant may determine.
(5) Where funds to be paid into Court are to be lodged at the Accountant’s Office, cheques for lodgment of moneys shall be made payable to the Accountant.
(6) The Accountant shall cause all moneys paid in at the Accountant’s Office pursuant to sub rules 1 or 3 hereof to be lodged with the Institution as soon as is practicable and the Institution shall cause a receipt to issue to the Accountant for every such lodgment.
(7) Where the President has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub rule 1 hereof, securities to be transferred into Court within that category shall be transferred to the account of the Accountant in the books of the Institution, or any company, or other body corporate in whose books such securities are registered.
(8) Where the President has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub rule 3 hereof, securities to be transferred into Court within that category shall be transferred to the account of the Accountant in the books of the Institution, or any company, or other body corporate in whose books such securities are registered.
(9) The forms for the time being prescribed by the Rules of the Superior Courts for use in the Accountant’s Office shall, where applicable or appropriate and with such variations or modifications as may be necessary, be used in respect of any category which has been prescribed by the President for the purposes of sub rules 1 or 3 hereof.
(10) Where funds to be paid into Court are to be lodged at the Accountant’s Office, a direction for lodgment pursuant to an order shall, save where a direction for lodgment of funds is transmitted electronically pursuant to sub rule 12 hereof, be issued by the Accountant upon receipt from the Clerk of a certified copy of the order, or, where the Accountant permits, a document containing such particulars, in such form and authenticated in such manner as the Accountant may from time to time prescribe.
(11) Where funds to be paid into Court are to be lodged at the Accountant’s Office, a lodgment of funds in Court not directed by an order may be made upon a direction to the Institution, or other company or body corporate, to be issued by the Accountant upon a request for lodgment signed by or on behalf of the person desiring to make such lodgment.
(12) A direction pursuant to an order of the Court may be transmitted by the Clerk to the Accountant electronically in such form and manner and subject to such conditions and exceptions as the President may from time to time direct.
(13) An order containing a direction for lodgment of funds in court shall, within 7 days of the making of the order, be taken up by the plaintiff or other party for whose benefit the lodgment is to be made and served by that party on the defendant or other party required to make the lodgment.
(14) The defendant or other party directed to make a lodgment of funds in court shall lodge the funds concerned in court within 28 days of service upon that party of the order directing such lodgment.
3. (1) In respect of any category of proceedings, or of awards or lodgments made in proceedings, which has not been prescribed by the President for the purposes of sub rules 1 or 3 of rule 2 of this Order, the Accountant may, in consultation with the Clerk or Clerks, prescribe a bank or other institution, being the holder of a licence to carry on banking business within the State, at which moneys to be lodged in court in any one or more court areas shall be paid in.
(2) Where the Accountant has in respect of any one or more court areas, prescribed a bank or other institution in accordance with and for the purposes of sub rule 1 hereof, moneys to be lodged in court within any category to which that sub rule refers shall be paid in at such bank or institution, and the bank or institution shall cause a receipt to be given to the person making the lodgment.
4. (1) A person required to make a lodgment in court pursuant to an order, shall be at liberty to make the same without further order, notwithstanding that the order may not have been served, or the time thereby limited for making such lodgment may have expired.
(2) Where the time limited for making such a lodgment has expired, the person required to make the lodgment shall pay into court an additional sum by way of interest upon the amount to be lodged at such rate or rates and subject to such conditions and exemptions as the President may, subject to any provision of statute applicable, from time to time direct.
(3) If any sum of money has by reason of such default become payable by such person for interest, or in respect of dividends or otherwise, he shall be at liberty to lodge in Court such further sum upon a request signed by or on behalf of the person desiring to make such lodgment; provided that any such subsequent lodgment shall not affect or prejudice any liability, process, or other consequence to which such person may have become subject by reason of his default in making the same within the time so limited.
III. Investment
5. (1) Where moneys lodged with the Accountant are directed or required to be invested such investment shall, subject to sub rule 2 hereof, be held in the name of the Accountant.
(2) Where moneys lodged with the Accountant are directed pursuant to rule 5 of Order 7, or otherwise required, to be secured or invested, such investment may be held, as to the whole or part or parts thereof, in the name of such nominee or nominees and sub nominee or sub nominees as the Accountant may, with the approval of the President, specify.
(3) Where the Accountant is directed or required to sell, encash or otherwise realise an investment he shall give all such necessary directions for that purpose as soon as may be and shall ensure that the proceeds of such sale, encashment or realisation shall be paid as soon as may be to the account of the Accountant.
IV. Payment, Delivery and Transfer of, and other Dealings with Funds
6. Where funds to be paid into Court are to be lodged at the Accountant’s Office, a direction for the payment or transfer of funds pursuant to an order of the Court shall, save where a direction for payment or transfer of funds is transmitted electronically pursuant to sub rule 12 of rule 2 of this Order, be issued by the Accountant upon receipt from the Clerk of a certified copy of the order or, where the Accountant permits, a document containing such particulars, in such form and authenticated in such manner as the Accountant may from time to time prescribe.
7. (1) Where funds have been lodged with the Accountant –
(a) Every direction by the Accountant for the payment, delivery, or transfer of funds or securities out of Court, or for the sale, investment, or carrying over of funds, other than one transmitted by electronic means in pursuance of sub rule 6 hereof, shall be signed by (i) the Accountant, or, in his absence, the deputy Accountant or (ii) the Chief Clerk of the Accountant’s office.
(b) The name of every officer authorised to sign directions in pursuance of paragraph (a) hereof shall be notified to the Institution and to any other person required to act on such directions together with the time for which, in the case of temporary appointment, the same is to continue; and such notification shall, in the case of the Accountant and the deputy Accountant, be signed by the Chief Executive of the Courts Service.
(2) Where funds have been lodged with the Accountant –
(a) Every such direction shall be countersigned by such officer in the Accountant’s Office as shall have been appointed by the Accountant for that purpose.
(b) The name of every officer authorised to countersign directions in pursuance of paragraph (a) hereof shall be notified to the Institution and to any other person required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such notification shall be signed by the Accountant or the Chief Clerk of the Accountant’s office.
(3) An officer countersigning any such direction shall compare it with the copy of the schedule as filed in the Accountant’s Office, and shall satisfy himself that such direction is authorised by and in conformity with such schedule. Such officer shall note the directions which he countersigns, and the date of countersigning, in the copy of the schedule.
(4) The name of every officer authorised to sign directions in pursuance of sub rule 1 hereof and of every officer authorised to countersign directions in pursuance of sub rule 2 hereof shall be notified to the Institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such notification shall be under the hand of the Accountant or the Chief Clerk of the Accountant’s office.
(5) Directions countersigned by any such officer during the continuance of his authority shall be sufficient, although the same shall not be presented to be acted on until after his authority shall have ended.
(6) The Accountant may effect payment or transfer of funds out of Court electronically in such form and manner as the President may from time to time direct.
(7) In this rule the word “direction” means a cheque, draft, warrant, or other authority to the Institution to pay or receive money lodged or to be lodged in Court or an instrument transferring any stocks or shares standing in the name of the Accountant.
8. (1) Where the Accountant is required by order or otherwise to pay any dividend, annuity or other periodical payment, he shall, at the expiry of eleven months from the date of the first such payment, and at intervals of not more than twelve months thereafter, cause inquiries to be made for the purpose of reviewing the relevant particulars of the payee and revising his records where appropriate.
(2) Unless the order or authority for payment directs otherwise, where a person (in this rule referred to as “the payee”) is entitled under an order or authority for payment to receive a payment, the following provisions shall apply:
(a) where –
(i) within fourteen days from the date of the order or other authority for payment the Accountant receives a request in writing from the payee that the direction for payment be delivered to the payee at the Office of the Accountant, and
(ii) the payee thereafter attends personally at the Office of the Accountant,
the Accountant may deliver the direction for payment to the payee at the Office of the Accountant;
(b) where a power of attorney in executed by the payee and attached in accordance with the instructions appended to such form, is sent or delivered to the Accountant, he may deliver the direction for payment to the attorney nominated by the payee –
(i) in person,
(ii) by transfer to an account in the name of the attorney, as the attorney may, by request made in writing, require, or
(iii) by post, to an address specified in writing by the attorney.
(3)(a) Before directing any payment whether authorised by order or other authority, the Accountant may require evidence of the identity of the payee or, as the case may be, any attorney nominated by a power of attorney in accordance with sub rule (2) (b) of this rule to accept such payment, sufficient to satisfy the Accountant.
(b) Where the direction for payment is a draft, the same shall be payable to the payee, and crossed so as to be payable only through a banker.
V. Audit of accounts
9. (1) On or before the 31st day of January in each year the Accountant shall prepare an account, in such form as may be prescribed by him with the approval of the President, showing the total amount of funds paid or transferred into and out of Court in the year ended on the 30th day of September then last year past and the balance of funds in Court at the commencement and close of such year.
(2) The Accountant shall, not later than the 31st day of January in each year, arrange for an audit of the account referred to in sub rule 1 hereof to be carried out by an independent auditor not later than the 31st day of March in each year immediately following the year to which the account relates.
(3) Copies of the said account, audited in accordance with sub rule 2 hereof, shall be forwarded to the Minister for Justice, Equality and Law Reform and the Minister for Finance.”
Recording Of Proceedings
: S.I. No. 99 Of 2013
1. (1) These Rules, which may be cited as the District Court (Recording of Proceedings) Rules 2013, shall come into operation on the 8th day of April 2013.
(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2013.
2. The District Court Rules 1997 are amended:
(…)
(ii) by the insertion immediately following Order 12A of the following Order as Order 12B:
“Order 12B Recording of Proceedings
1. In this Order,
“record” means a contemporaneous record of the proceedings concerned made by any one or more means, including, without limitation—
(a) any shorthand or other note, whether written, typed or printed, and
(b) any sound recording or other recording, capable of being reproduced in legible, audible or visual form, approved by the 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.”
2. (1) At the trial or hearing of any civil proceedings before the Court, a 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 include—
(a) the oral evidence;
(b) any speech or submissions by counsel or solicitor;
(c) the Judge’s judgment or ruling (unless it be a written judgment or ruling).
(2) The party making or causing to be made a record in a case referred to in this rule shall pay the cost of the production of the record.
3. The record of any criminal proceedings shall be made or caused to be made only by a person appointed by the Courts Service, and such record shall include all submissions made by counsel or solicitor in the course of the trial and any submissions made in mitigation of sentence.
4. Unless:
(a) otherwise permitted by and in accordance with this Order, or
(b) otherwise permitted by the Court and, in that event, subject to and in accordance with any direction of the 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.
5. (1) Any party or person who seeks access to any part of a record of proceedings which is held by or for the Court (in this rule referred to as the “relevant record”) may apply to the Court by the issue and service of a notice of application (in the Form 12B.1, Schedule C) signed by the moving party or solicitor for the moving party. Every such notice shall be grounded upon an affidavit.
(2) Such notice and a copy of the affidavit shall be served upon the parties or other party or parties to the proceedings in accordance with the provisions of Order 10 at least seven days before the date fixed for the hearing of the application.
(3) When service has been effected the original of such notice and affidavit, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for such hearing.
(4) On the date first fixed for the hearing of the application, the Court may:
(a) direct that copies of the notice of motion and affidavit be served on any other person who the 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.
(5) The Court may, for the purposes of considering any such application, review privately the contents of the relevant record.
(6) Subject to sub-rule (7), the 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 Court may direct.
(7) Unless the Court otherwise directs, access to the relevant record concerned shall, where permitted under sub-rule (6), 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.”.
3. The Form numbered Form 12B.1 in the Schedule shall be added to the Forms in Schedule C to the District Court Rules 1997, immediately following Form 7.6.
Interpleader
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 Notice of claim to goods taken in execution
1. A claim to or in respect of any goods or chattels not exceeding in value the monetary limit of the Court’s jurisdiction which have been taken in execution or intended execution by a County Registrar must:
(a) be in writing (Form 51B.01 Schedule C);
(b) contain the full name and description of the claimant; and
(c) contain an address at which service will be accepted by or on behalf of the claimant.
2 County Registrar’s notice to party claiming execution
2. On receipt of a claim mentioned in rule 1, the County Registrar must immediately send written notice of the claim to the party claiming execution or to his or her solicitor.
3 Notice of admission or denial of claim
3. Within two days after receiving the notice mentioned in rule 2, the party claiming execution must give written notice (which may be in the Form 51B.02 Schedule C) to the County Registrar of whether he or she disputes or admits the title of the claimant to the goods or chattels or requests the County Registrar to withdraw from possession.
4 Deposit by claimant
4. If within the period of two days mentioned in rule 3 the party claiming execution does not:
(a) admit the title of the claimant or
(b) request the County Registrar to withdraw from possession,
the County Registrar must immediately send written notice to the claimant:
(i) requiring him or her within two days of the service of that notice to deposit with the County Registrar the amount for which the warrant of execution was issued or, if the value of the goods or chattels seized is less than the amount set out in the warrant of execution, the value of the goods or chattels, and
(ii) giving the claimant notice that in default of his or her making the deposit required, an application will be made, after service of an interpleader summons (which is a summons in civil proceedings), to the Court for an order for sale.
5 Procedure on deposit being made
5. Where the claimant deposits with the County Registrar:
(a) the amount for which the warrant of execution was issued or,
(b) if the value of the goods or chattels as determined by the County Registrar or by a valuer appointed by the County Registrar, being less than the amount for which the warrant of execution was issued, a sum equal to the value as so determined,
the County Registrar must withdraw from the possession of the goods and chattels and the sum deposited may be disposed of as the Court directs.
6 Application for sale
6. (1) Where the claimant does not make the deposit required under rule 4, the Court may, at any time after the service of an interpleader summons, on application made:
(a) by the execution creditor on notice to the claimant and to the County Registrar, or
(b) by the County Registrar on notice to the parties,
make an order for the sale of all or any of the goods and chattels seized, subject to such conditions as to the giving of security by the execution creditor or otherwise as the Court thinks just.
(2) The notice of application to the Court for an order for the sale of all or any of the goods and chattels seized must be in Form 51B.03 Schedule C and must be served two clear days before the return date.
7 Application may be heard outside of scheduled Court sittings
7. (1) An application under rule 6 may be heard otherwise than at a scheduled sitting of the Court at any time and place within the appropriate Court district which the Judge deems suitable.
(2) The costs of any application under rule 6 may be provided for by the Court on the hearing of the interpleader summons.
8 Order for sale
8. Any order for sale must direct that the proceeds of the sale be lodged with the Clerk to abide the order of the Court on the hearing of the interpleader summons.
9 Service of interpleader summons
9. (1) An interpleader summons (Form 51B.04 Schedule C) must be served on the claimant (or where the claim has been made by a solicitor for the claimant, on the claimant’s solicitor) and on the party claiming execution (or where the warrant of execution has been lodged with the County Registrar by a solicitor for the party claiming execution, on the party’s solicitor).
(2) An interpleader summons must be served in a manner provided by Order 41.
10 Liability for costs
10. (1) On the hearing of the interpleader summons the Court must determine:
(a) the liability of the parties to pay costs and expenses;
(b) the amount of the costs and expenses; and
(c) by whom and to whom the costs and expenses are to be paid.
(2) The scale of costs for tort cases in the Schedule of Costs is the appropriate scale for proceedings begun by interpleader summons.