Notice & Setting Down

Notice and Mode of  Trial

A notice of trial shall be served in all proceedings commenced by plenary summons or adjourned for a plenary hearing.  They shall be set down for trial in the Central Office.  A motion to set aside a notice of trial must be brought within four days after service of the notice complained of.

The claimant in a probate and admiralty action commenced by plenary summons and a petitioner in matrimonial matters shall apply by motion on notice to the Master for directions. The Master shall fix the time and mode of trial and make any ancillary orders in respect of pleadings, particulars, discovery, inspection, settlement of issues, or otherwise, as may be necessary.  If the claimant fails to apply within fourteen days from delivery of the last pleading, any party may apply for directions as aforesaid.

In all cases where there is no entitlement to a jury as of right, the matter shall be tried by a Judge without a jury, unless otherwise ordered by the Court.  In cases where there is right to a trial by the jury, the party serving notice of trial shall state whether he requires that the issues of fact be tried with or without a jury.   If the other party within 14 days from the service of notice of a trial, signifies a desire by notice in writing to have the same tried with jury, it shall be so tried.

Modes of Trial

If it shall appear at any time after the issuing of proceedings, upon application to the Court of either party, that the matter in dispute consists of matters of account which cannot conveniently be tried in the ordinary way, the Court may on application decide such matter in a summary manner. Alternatively, they may be referred to an arbitrator appointed by the parties or to the Master or Examiner upon such terms as to costs as the Court thinks reasonable.

The Court may, order that different questions or facts shall be tried by different modes of trial. It may order that one or more questions of fact shall be tried before the others.

Giving Notice of Trial

Notice of trial may be given in any matter by the claimant or another party in the position of the claimant.   It may be given with the reply if any, whether it closes the pleadings or not, or at any time after the issues of fact are ready for trial.

If a claimant in an action does not within three weeks after the close of pleadings give notice of trial, the defendant may on notice to the claimant apply to Court for liberty to give notice of trial. The Court may make such order, which shall seem just.

If the claimant does not within six weeks after the close of pleadings, or such extended time as the Court may allow, give notice of trial, the defendant may, before notice of trial given by the claimant, give notice of trial or may apply to the Court to dismiss the action for want of prosecution.

Notice of trial shall state whether it is for the trial of the cause or matter or of issues therein, and shall be in one of the prescribed forms.  21 days’ notice of trial shall be given, unless the party to whom it is given has consented or is under terms, or has been ordered to take short notice of trial.  Short notice of trial is four days’ notice unless otherwise ordered.

Setting Down

Notice of trial shall be given before setting down the action for trial. Unless, within fourteen days after notice of trial is given the action shall be set down, the notice of trial shall be no longer in force.  Notice of trial or the setting down or entering for trial shall not operate for any particular sittings; but shall be deemed to be for any day after the expiration of the notice on which the trial may come in its order upon the list.

Where a party giving notice of trial omits to set down the action within seven days, the party to whom notice has been given may set down the action.

The party desiring to set down the proceedings for trial shall do so by delivering to the proper court officer a copy of the notice of trial together with two copies of the whole of the pleadings, and of any letter or notice for particulars and reply thereto. One of which shall be for the use by the Judge at the trial. The party entering any proceedings for trial or his solicitor shall lodge a separate certificate certifying that order copies lodged are true copies.

Examiner Cases

Where any cause or matter shall have been adjourned for further consideration, the same may, after the expiration of eight days, within 14 days of the filing of the Examiner’s certificate, be set down for further consideration, on the written request of the solicitor for the claimant or party having the conduct of the proceedings. After the expiration of 14 days, the matter may be set down by the Registrar or on request of the solicitor for the claimant or any other party; and in either case, upon production of a judgement or order adjourning further consideration, and a copy the Examiner’s certificate or memorandum of the date when the certificate was filed, indorsed on the request by the proper officer.  The cause or matter when so set down shall not be put into the list for further consideration until the expiration of six days from the date on which the same was set down.

Certificate of Readiness

A Certificate of Readiness to proceed to trial in respect of actions set down for trial in the Non Jury and Chancery Lists must be signed by Counsel (or, where Counsel is not briefed, by a solicitor, or by the certifying party if unrepresented) and filed in the Central Office prior to applying for a date for hearing. The Certificate of Readiness shall be in the form appended and a filed copy of same shall be furnished to the Court upon application for a hearing date on notice to the other parties.

The party who desires to certify the proceedings as ready for trial and to seek a hearing date shall give a month’s notice to the other parties of the intention to do so.  During that period the parties must consult so as to ensure accurate completion of the Certificate of Readiness, particularly insofar as the duration of the trial is concerned. A failure to provide an accurate certificate particularly concerning the duration of the trial or to cooperate in the consultation process re may result in costs consequences for the parties regardless of the result of the action.

Written Submissions

The Rules, a Practice Direction or order may require Written Submissions. A Practice Direction defines the requirements. The following sections apply when Written Submissions are required.

Submissions should be logically arranged with appropriate headings and should be a concise summary of the submissions to be developed in oral argument. They must not contain irrelevant, immaterial or scandalous matter. They should refer to all relevant authorities to be relied upon.

Submissions should be presented in the specified format: They  should follow the following template:

•  Introduction (which should not exceed two pages) summarising the factual background,
• The principal issues in the case,
• The submissions pertinent to those issues,
• ) Conclusions and an indication of the orders to be sought.

Submissions should identify the relevant legal principles relevant to the case as pleaded and/or the evidence to be adduced. They should be focused on those matters and generalised submissions are not permitted.

Save where there are one or two clear issues in an application or action (e.g. an application to dismiss for want of prosecution/delay) the parties should agree an issue paper which states concisely the issues to be determined. Where there is no, or only partial agreement as to the issues, each party should submit an issue paper setting out concisely what they consider the issues to be. Issue papers are to contain no more than 1,000 words.

When the court is considering making any order for costs in proceedings to which this practice direction relates, it will be for a party who has delivered a submission in breach of a deadline set by a relevant Practice Direction or a direction of the court, to show why the costs of the said submission should not be disallowed.

Chronology of Relevant Facts and of Procedural History

The plaintiff/applicant should include a full chronology of all relevant facts and of the procedural history of the proceedings (including filing dates of key pleadings) as an appendix to the submissions. The defendant/ respondent/ notice party should indicate in its submissions if the chronology is agreed. Where it is not agreed upon, the defendant/ respondent/ notice party should produce his or her full chronology, clearly identifying the points of difference, preferably in bold. The chronology need not be included in the word count, but it must not be used to circumvent the word count.

Books of Authorities

The Court has its own Book of Authorities for particular types of application advance in the Book of Authorities submitted. Books of authorities should, unless otherwise ordered, be presented in the following format and sequence:

• Any relevant provisions from the Constitution,
• Any relevant statutory provision or regulation,
• Any relevant rule of court
• Irish authorities,
• EU authorities,
• International authorities,
• Other materials including extracts from text books or journals.

It is the responsibility of the parties to agree a Joint Book of Authorities. No later than the date for delivery of the plaintiff/appellant’s written submissions, such party should deliver to the defendant/respondent and any other parties to the proceedings a list of the authorities to be relied on. No later than the date for the delivery of replying submissions, the defendant/respondent and any other party shall deliver to the plaintiff/applicant a list of authorities to be relied on by them.