Hearing (New Rules)
District Court Rules
Costs And Witnesses’ Expenses
Costs in summary cases
1.[1] Where the Court makes an order in any case of summary jurisdiction (including an order to “strike out” for want of jurisdiction) it may make an order in accordance with law ordering any party to the proceedings to pay to the other party such costs and witnesses’ expenses as it shall think fit to award.
Costs of adjournment
2. On the adjournment of any proceedings the Court may order that a party shall pay any costs and witnesses’ expenses incurred on such adjournment independently of any order otherwise made in the case.
Expenses, manner payable
3. Any witnesses’ expenses ordered to be paid shall be payable in such manner and to such person as the Court shall direct.
Enforcement of order
4. Where there is no provision in these Rules for the enforcement of an order awarding costs or witnesses’ expenses, such costs or expenses may be recovered by warrant of distress.
[1] Order 36 rule 1 substituted by SI 496 of 2020, effective 10 November 2020.
S.I. No. 17 of 2014:
District Court (Civil Procedure) Rules 2014– provisions overview
1. Title and citation
1. (1) These Rules, which may be cited as the District Court (Civil Procedure) Rules 2014, shall come into operation on the 3rd day of February 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. Amendments
2. (1) The provisions set out in Schedule 1 shall be substituted for the “Interpretation of Terms” provisions of the District Court Rules 1997.
(2) The following provisions shall be deleted from the District Court Rules 1997, namely Order 8, rule 3; Order 9; Orders 39 to 53C inclusive; Order 62; Order 99 and Order 100.
(3) The provisions set out in Schedule 2 shall be inserted to the District Court Rules 1997 immediately following Order 38.
(4) The Schedule of Costs set out in Schedule 3 shall be substituted for the Schedule of Costs and the Schedule of Counsel’s Fees to the District Court Rules 1997.
(5) Orders 10 and 12 respectively set out in Schedule 4 shall be substituted for Orders 10 and 12 of the District Court Rules 1997.
3. Replacement of forms
3. (1) Forms 7.1 to 7.6 inclusive, Forms 39.1 to 53C.6 inclusive, Forms 62.1 to 62.25 inclusive and Form 99.1 shall be deleted from Schedule C to the District Court Rules 1997.
(2) Forms 100.1 to 100.6 inclusive shall be deleted from Schedule D to the District Court Rules 1997.
(3) The forms set out in Schedule 5 shall be added to Schedule C of the District Court Rules 1997 immediately following Form 12B.1.
4. Application and transitional arrangements
4. (1) The amendments to the District Court Rules 1997 effected by these Rules apply to every civil proceeding commenced in the District Court on or after the date on which these Rules come into effect.
(2) Notwithstanding the amendments to the District Court Rules 1997 effected by these Rules any civil proceeding in being in the District Court before the date on which these Rules come into effect shall be continued and determined as if these Rules had not taken effect.
General Rules
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1—WHERE NO PROCEDURE PROVIDED FOR
1 Where no procedure provided for
1. (1) If the procedure for the conduct of civil proceedings is not prescribed by these Rules or by an enactment, or for any other reason there is doubt about the manner or form of the procedure, the Court may determine what procedure is to be adopted and may give directions.
(2) Subject to Order 12, rule 9(4), where no form for use in the Court in respect of a step, notification or other action in a civil proceeding is for the time being prescribed, any form for the time being in use in the Circuit Court or the High Court for the corresponding step, notification or other action in civil proceedings may be used in civil proceedings in the Court with the necessary modifications.
2 — NON-COMPLIANCE WITH THESE RULES
2 Effect of non-compliance
2. (1) Subject to any provision of an enactment, a failure to comply with these Rules is an irregularity and does not render a civil proceeding or a step taken, or any document or order in the proceeding void.
(2) If there has been a failure to comply with these Rules, the Court may—
(a) set aside the proceeding, either wholly or in part;
(b) set aside any step taken in the proceeding, or any document or order therein;
(c) exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.
3 — TIME
3 Proceedings after twelve months
3. (1) Where no step by a party requiring the filing of a document with the Clerk or notification to the Court under these Rules has been taken in a civil proceeding for twelve months or more since the last such step, a party intending the proceeding to continue must give to every other party not less than one month’s notice in writing (Form 39.01, Schedule C) of that party’s intention to proceed.
(2) A notice under sub-rule (1) must also be filed with the Clerk.
4 Dormant proceedings
4. (1) Where no step by a party requiring the filing of a document with the Clerk or notification to the Court under these Rules has been taken in a civil proceeding for twelve months or more since the last such step, the Court may cause the civil proceeding to be listed before the Court to explain the failure to proceed.
(2) The Clerk must notify the parties of any listing in accordance with sub-rule (1). The notification may be in Form 39.02, Schedule C.
(3) A party may file a written explanation of the failure to proceed with the Clerk and if the Court is satisfied that there were sufficient reasons for the failure to proceed, may direct that the civil proceeding be removed from the list to explain the failure to proceed and direct that the Clerk notify the parties accordingly.
(4) On the listing of a civil proceeding in accordance with sub-rule (1), the Court may make such orders and give such directions as are in the opinion of the Court likely to ensure the civil proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise the costs of those proceedings.
5 Enlargement or abridgement of time
5. (1) Subject to sub-rules (3) and (4), the Court may, on any terms it considers reasonable, enlarge or abridge any of the times fixed by these Rules, or by a prior order of the Court, for taking any step or doing any act in any civil proceedings.
(2) Subject to sub-rules (3) and (4), the Court may also, on any terms as to costs or otherwise as it considers just, declare any step taken or act done in any civil proceedings to be sufficient, even though not taken or done within the time or in the manner prescribed by these Rules.
(3) Sub-rules (1) and (2) do not apply to any period of time fixed by:
(a) an Act of the Oireachtas, or
(b) a statute which was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution.
(4) Without limiting the generality of sub-rule (3), 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.
(5) Unless otherwise directed or permitted by the Court, an application to enlarge or abridge time must be made by motion on notice to the other party or parties who would be affected by the enlargement or abridgement of time.
Practice Directions
To provide for certain matters in Civil Proceedings in the Dublin Metropolitan District Court
In the interests of the administration of justice and the determination of proceedings in a manner that is just, expeditious and is likely to minimise costs.
This Direction is to apply to ‘Civil proceedings ’defined by the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (hereinafter referred to as the 2020 Act ) ‘ to include any cause, action, suit or matter other than a criminal proceeding’ but will not include family law or child care cases.
It is Directed as follows:
Part 1 Remote Hearings:
- Such Civil proceedings or part of same may proceed by way of participation by remote hearing in certain circumstances. Participation in a remote hearing is defined by the 2020 Act as ‘a person participates by remote hearing in proceedings where he or she so participates from a location other than the court itself, whether within the State or outside the State, and by means of electronic communications technology.’
- ‘Electronic communications technology’ is defined by the 2020 Act as ‘technology that enables real time transmission and real time two-way-audio-visual or audio communication that enable a person to participate in the hearing from a location other than the court itself’.
- When Notice of Trial is served and/or a date is sought for the hearing of a civil proceeding under Order 49 of the District Court Rules, The Applicant/Claimant or the Respondent may request that all or part of the proceedings proceed by way of remote participation pursuant to this Practice Direction.
- Where no objection to the request that all or part of the proceedings proceed by way of remote participation is received by the Clerk within 10 days of receipt of the Notice of Trial and the Court deems it an appropriate case to proceed by remote hearing the Court will direct the Clerk to fix a date for trial via remote hearing platform and that participation details be notified to the parties including a requirement that all parties complete the Confirmation of Authorised Participants Attending Virtual Courtroom form set out below at Appendix 1.
- In the event that an application in a Return for Trial to participate remotely for all and/or part of the proceedings is not agreed by the other party then an application can be made by that party to the Court on Notice pursuant to this Practice Direction and Order 44 of the District Court Rules seeking the Court’s determination on the matter.
Part 2 Consent Orders:
- If parties have settled a Civil proceeding on agreed terms before the allocated hearing date, and a consent Court Order is required the terms of agreement are to be submitted to the Court Office (by way of sworn Affidavit if evidence is required) and the matter will be brought to the attention of the presiding Judge who will determine the matter in accordance with law and the Determination will be notified to the parties.
- If parties to a Civil proceeding are agreeing to an adjournment of a scheduled hearing date, the reason and purpose must be notified to the Court office and the matter will be brought to the attention of the Presiding Judge who will determine the matter in accordance with law and the Determination will be notified to the parties.
- If the Presiding Judge determines that the matter is one which requires an oral hearing the Parties will be notified by the Court Office of the date and time allocated.
Part 3 Proceedings by sworn Affidavit:
- If parties agree to the Determination by the Court on the Pleadings and Affidavit evidence pursuant to Order 49 rule 1 (2) of the District Court Rules and the Presiding Judge is satisfied that all relevant information necessary to a determination has been filed with the Court, the Presiding Judge can issue a Determination in accordance with law. It is the responsibility of the parties to ensure in these circumstances that all relevant facts and material have been submitted to the Court. Any such Determination will be notified to the parties and delivered in Court.
- If the Presiding Judge determines that the matter is one which requires an oral hearing the Parties will be notified by the Court Office of the date and time allocated.
This 25th day of January 2021.
His Honour Judge Colin Daly
President of the District Court
Please Click here for Appendix 1 : Confirmation of Authorised Participants attending Virtual Courtroom