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Circuit Court Rules

 

Order 1

Sittings, language and office hours

1. [1] Sittings of the Court shall be held within each Circuit at such places and commence on such dates as may be from time to time fixed by order of the President of the Circuit Court in accordance with section 10(2) of the Courts of Justice Act 1947, and at such times as the Judge of such Circuit shall from time to time direct and appoint. Notice of such sittings in every County, save Dublin, shall be published as soon as may be after the making of the order concerned in such manner as the President of the Circuit Court may, in accordance with section 10(2) aforementioned, direct.

2. [2] Notice of Sittings in the Dublin Circuit shall set out the day of commencement and the day of termination of each Sitting. Provided that the President of the Circuit Court may extend any Sittings of the Circuit Court in the Dublin Circuit beyond the date of termination of that Sittings.

3. Save as is provided in this Order, no sittings of the Court shall be held during the months of August and September, which shall be observed as Vacation other than to continue a hearing commenced before the first of August.

4. During the months of August and September a Judge or Judges of the Circuit Court shall sit in Dublin, on such dates as may be announced, to hear all such applications and cases for the Dublin Circuit as may require to be promptly heard. Further, the President of the Circuit Court may, in accordance with the powers conferred on him by Section 10 of the Courts of Justice Act, 1947, fix sittings to be held in any Circuit during the month of August or September where such additional sittings are, in the view of the President of the Circuit Court, necessary or desirable.

5. Applications of an urgent nature whether during a vacation or otherwise may be made to the President of the Circuit Court or a Judge nominated by him. Notice of intention to make any such application shall be given to the County Registrar who shall submit the matter to the President or a Judge nominated by him which said application shall be made at any time or place approved by the President of the Circuit Court or a Judge nominated by him.

6[3] …

7. The Offices of the Court shall be open to the public for the transaction of business on every week-day between the hours of 10 a.m. and 4.30 p.m., with the exception of Saturday and of such days as may be proclaimed by lawful authority to be public holidays.

 

[1]     Order 1 rule 1 substituted by SI 235 of 2009, effective 24 July 2009.
[2]     Order 1 rule 2 substituted by SI 235 of 2009, effective 24 July 2009.
[3]     Order 1 rule 6 deleted by SI 312 of 2007, effective 20 July 2007.

General Amendment 1

S.I. No. 155 of 2010:

Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

1. These Rules, which may be cited as the Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010, shall come into operation on the 13th day of May 2010.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2010.

3. The Circuit Court Rules are amended:

(i) by the substitution for the definition of “Equity Suit” and “Equity Proceeding” in the Interpretation of Terms provisions of the following definition:

“ “Equity Suit” and “Equity Proceeding” includes:

(a) any proceedings mentioned in the Third Schedule of the Courts (Supplemental Provisions) Act 1961 at reference numbers 17 to 23 inclusive, 24 (so far as it relates to proceedings for the care of minors’ estates) and 25 to 28 inclusive, and

(b) so far as not mentioned at paragraph (a) or otherwise provided for in these Rules, any proceedings mentioned in section 33 of the County Officers and Courts (Ireland) Act 1877;”;

(…)

General Amendment 2

S.I. No. 188 of 2008:

Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008

1. These Rules, which may be cited as the Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008, shall come into operation on the 9 day of July 2008.

2. These Rules shall be construed together with the Circuit Court Rules 2001.

3. The Circuit Court Rules are amended by:

(…)

(iii) the insertion immediately following Rule 24 of the Interpretation of Terms provisions of the following:

“25. 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, and, where any subsequent Regulation, Directive, Decision or Framework Decision repealing such Regulation, Directive, Decision or Framework Decision expressly so provides, to a subsequent Regulation, Directive, Decision or Framework Decision

Order 2

Venue

Save when the High Court, or the Court, otherwise orders, all actions, causes or matters, whether transferred from the High Court, or originated in the Court, shall be tried and heard:—

(a) those relating to title to land and rectification of the Register, in the County in which the lands are situate, or where are situate the lands out of which, or in respect of which, any incorporeal hereditaments in dispute issue or arise, or where the larger portion of any such lands may be situate;

(b) those of the nature heretofore assigned to the equity side of the County Court, in the County where suits and matters of that kind have been heretofore heard by that Court;

(c) under the probate jurisdiction and for the administration of estates of deceased persons, in the County where the testator or intestate at the time of his death ordinarily resided;

(d) [8] under the Assisted Decision-Making (Capacity) Act 2015 as amended, in a county in which the relevant person or person who is the subject of an application under the Act:

(i) is residing or carrying on business at the time the application is made,
(ii) has resided at any time within the period of three years immediately prior to the making of the application;

(e) at the election of the plaintiff, in any action founded on contract (whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or in the County within which the contract was made;

(f) at the election of the plaintiff, in any action founded on tort, in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation, or in the County wherein the tort is alleged to have been committed;

(g) in all other cases (subject to the provisions of these Rules relating to matrimonial cases and cases concerning children and cases concerning domestic violence), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation.

Cases to which the Brussels Convention, the Lugano Convention or Regulation No. 1215/2012 apply[1]

(h) Subject to Title II of the 1968 Convention, the jurisdiction of the Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation;

(i) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 8.2 or Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation;

(j) [2] [3] Where jurisdiction depends on the domicile of a corporation or association, that jurisdiction shall in accordance with Article 63 of Regulation No. 1215/2012 be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the corporation or association has its registered office (or where there is no registered office, place of formation) or central administration or principal place of business.

(k) [4] [5]Subject to Chapter II of Regulation No. 1215/2012 or, as the case may be, to Title II of the Lugano Convention, the jurisdiction of the Court in proceedings that may be instituted in the State in accordance with Article 4, 11(1)(a), 14, 18, 21(1)(a) or 22 or the proviso to Article 24(1) of Regulation No. 1215/2012 or, as the case may be, Article 2, 9 (1)(a), 12, 16, 19(1) or 20 or the proviso to Article 22(1) of the Lugano Convention, shall in accordance with Regulation 11(1) of the European Union (Civil and Commercial Judgments) Regulations 2015, be exercised by a judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.

(l) The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 11(1)(b) or 18 of Regulation No. 1215/2012 or, as the case may be, in accordance with Article 9(1)(b) or 16 of the Lugano Convention, by a plaintiff domiciled in the State shall in accordance with Regulation 11(3) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the ordinarily resides or carries on any profession, business or occupation.[6]

(m) [7] The jurisdiction of the Court relating to proceedings that may be instituted in the State in accordance with Article 21(1)(b)(i) of Regulation No. 1215/2012, by a plaintiff  domiciled in the State shall in accordance with Regulation 11(4) of the European Union (Civil and Commercial Judgments) Regulations 2015 be exercised by a judge of the Court for the time being assigned to the circuit in which the plaintiff or one of the plaintiffs ordinarily carries on or last carried on any profession, business or occupation.

[1]     Title amended by SI 618 of 2015, effective 30 December 2015.
[2]     Order 2 rule j substituted by SI 597 of 2014, effective 19 December 2014.
[3]     Order 2 rule j substituted by SI 618 of 2015, effective 30 December 2015.
[4]     Order 2 rule k substituted by SI 597 of 2014, effective 19 December 2014.
[5]     Order 2 rule k substituted by SI 618 of 2015, effective 30 December 2015.
[6]     Order 2 rule l inserted by SI 618 of 2015, effective 30 December 2015.
[7]     Order 2 rule m inserted by SI 618 of 2015, effective 30 December 2015.
[8]     Order 2 rule d amended by SI 201 of 2023 effective 27 April 2023.

Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters

: S.I. No. 882 of 2004

Rule One

1. The Interpretation of Terms provisions in the Circuit Court Rules, 2001 shall be amended by the insertion of

“24.”Council Regulation (EC) No. 44/2001″ means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

Rule Two

2. Order 2(h) and (i) shall cease to apply save in relation to the Kingdom of Denmark and the following provisions shall be inserted which shall apply to all other Member States of the European Community:

Order 2(j) Subject to chapter II of Council Regulation (EC) No.44/2001, the jurisdiction of the Court in proceedings that may be instituted in the State by virtue of Article 2, 9(1)(a). 12, 16, 19(1) or 20 or the proviso to Article 22(1) of that Regulation shall be exercised by a judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.

Order 2(k) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 9(1)(b) or 16 of Council Regulation (EC) No.44/2001 by a plaintiff domiciled in the State may be exercised by a judge for the time being assigned to the circuit in which the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession. business or occupation.

Rule Three

3. Order 5 rule 10 shall have inserted after the words “the 1968 Convention” the following words:

“or from Council Regulation (EC) No. 44/2001” and the following shall be inserted at the end of paragraph (a) thereof, following the words “should assume jurisdiction”:

“or with a statement that the Court has power under Council Regulation (EC) No. 44/2001 to hear and determine the action, cause or matter, and specify the particular provision or provisions of the said Regulation under which the Court should assume jurisdiction”.

Rule Four

4. The following additions shall be inserted in Order 14:

(a)  The title to Order 14 shall be amended by the addition after the words “Jurisdiction of Courts and Enforcement of Judgements (EC) Act, 1998” of the following words “or Council Regulation (EC) No. 44/2001”.

(b)  Rule 1 (i) shall be amended by the addition after the words “by virtue of the 1998 Act” of the following words “or Council Regulation (EC) No. 44/2001”.

(c)  Rule 1 (iii)(b) shall be amended by the addition after the words “Article 16 of the 1968 Convention” of the following words “or Article 22 of Council Regulation (EC) No. 44/2001”.

(d)   Rule 1 (iii)(c) shall be amended by the addition after the words “Article 17 of the 1968 Convention” of the following words “or Article 23 of Council Regulation (EC) No 44/2001”.

(e)  Rule 5(i) shall be amended by the addition after the words “under the provisions of the 1968 Convention” of the following words “or Council Regulation (EC) No. 44/2001”.

(f)  Rule 5(ii) shall be amended by the addition after the words “under the provisions of the 1968 Convention” of the following words “or Council Regulation (EC) No. 44/2001” and after the words “Article 18 of the Convention” of the following words “or Article 24 of Council Regulation (EC) No. 44/2001”.

General Amendment 3

S.I. No. 251 of 2009:

Circuit Court Rules (Miscellaneous) 2009

1. These Rules, which may be cited as the Circuit Court Rules (Miscellaneous) 2009, shall come into operation on the 28th day of July 2009.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2009.

3. The Circuit Court Rules are amended:

(i) by the substitution in the “Interpretation of Terms” provisions for the definition of “The Court” of the following:

“6. “The Court” means the Circuit Court as established by the Courts (Establishment and Constitution) Act 1961.”;

Order 3

Judges’ robes and mode of address to the judges

1.[1] [2] (1) Save as otherwise provided by Statute or these Rules, and subject to sub-rules (2) to (4), the official attire which shall be worn by the Judges during the sittings of the Court shall be as follows:

(a) a black coat and vest of uniform nature and material, of the kind heretofore worn by Senior Counsel and a black gown of uniform make and white bands as heretofore worn or

(b) a black gown of uniform nature and material with sleeves bearing dark red double ribbon banding and a single white neck tab.

(2) A Judge shall not be required to wear a wig of a ceremonial type during such sittings.

(3) The official attire which shall be worn during such sittings by a Judge appointed to the Court after the coming into operation of sub-rule (1) and this sub-rule shall be that specified in paragraph (b) of sub-rule (1).

(4) In proceedings to which Order 59 or Order 59A apply, the Judges shall during the sittings of the Court wear white bands or a single white neck tab.

2.[3] (1) The President of the Circuit Court shall be addressed, in Court, by his title in Irish or English and other Judges of the Court shall be addressed, in Court, individually, in Irish, as “A Bhreithimh” or, in English, as “Judge”. Judges of the Court may be referred to, in Irish, as “An Chúirt” or, in English, as “The Court”.

(2) This Rule does not affect the existing practice by which Judges of the Court shall be addressed or referred to, other than in Court, by their respective titles and names, in Irish or in English.

 

[1]     Order 3 rule 1(1) and rule 1(2) substituted by SI 523 of 2011, effective 14 October 2011
[2]     Order 3 rule 1 substituted by SI 433 of 2016, effective 3 October 2016.
[3]     Order 3 rule 2(1) and rule 2(2) substituted by SI 274 of 2006, effective 5 June 2006.

General Amendment 4

S.I. No. 276 of 2014:

Circuit Court Rules (Registered Post) 2014

1. (1) These Rules, which may be cited as the Circuit Court Rules (Registered Post) 2014, shall come into operation on the 7th day of July 2014.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2013.

(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2014.

2. The Circuit Court Rules are amended:

(i) by the insertion in Interpretation of Terms provisions immediately following the definition therein of “The Principal Act” of the following definition:

“20A. “Registered post” means a registered items service (within the meaning of section 16(12) of the Communications Regulation (Postal Services) Act 2011 provided by 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 “prepaid registered post”, “registered letter”, “insured post” and all cognate expressions shall be construed accordingly.”;

Order 4

Court Seal and Authentication of Court documents

1[1] [2] [3] [4] (1). The Court shall have for use in each County an embossing Seal or, in circumstances in which the Office has multiple locations, embossing Seals with an appropriate inscription, as directed by the Minister, specifying the name of the Circuit in connection with which it is to be used. Such Seal shall be placed and retained in the custody of the County Registrar. It shall not be necessary that any Decree, Order, Warrant or other document shall be signed by the Judge.

(2) Every document requiring under any provision of statute or statutory instrument, rule of law or any other Order of these Rules to be issued under Seal of the Court shall be authenticated by the Seal of the Court impressed thereon and the signature of a person mentioned in sub-rule (4).

(3) Every document requiring authentication other than one referred to in sub-rule (2), and every Decree, Order and Warrant, shall be authenticated by the signature of a person mentioned in sub-rule (4).

(4) The persons who may authenticate the impression of the Seal of the Court on a document mentioned in sub-rule (2) or a document mentioned in sub-rule (3) are:

(a) the County Registrar, or

(b) such person, or one of such persons, as may, for such period as may be specified, be nominated in writing for that purpose by the County Registrar, or

(c) where any business of the office of the 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, and for the purposes of such business:

(i) the combined court office manager appointed under section 19 of that Act for that combined court office, or

(ii) such member of the staff of the Courts Service employed in that combined court office under section 21 of the Courts and Court Officers Act 2009 as may, for such period as may be specified, be nominated in writing for that purpose by the combined court office manager concerned.

2.[5] Where by reason of the re-arrangement of Circuits an embossing Seal is not available for a particular Circuit Court area then until such time as an embossing Seal becomes  available, all documents required by Rule 1 of this Order to be authenticated by the Seal of the Court shall be authenticated by the signatures of both the Circuit Court Judge and

(a) the County Registrar for the said area or

(b) where paragraph (c) of rule 1(4)of this Order applies, the combined court office manager concerned or member of the staff of the Courts Service employed in the combined court office nominated in writing for that purpose by that combined court office manager.

Title amended by SI 19 of 2019, effective 19 February 2019.

[1] Order 4 rule 1 substituted by SI 409 of 2006, effective 28 August 2006.
[2] Order 4 rule 1(2) and 1(3) substituted by SI 583 of 2009, effective 11 January 2010.
[3] Order 4 rule 1(4) inserted by SI 583 of 2009, effective 11 January 2010.
[4] Order 4 rule 1(4) substituted by SI 19 of 2019, effective 19 February 2019.
[5] Order 4 rule 2 inserted by SI 19 of 2009, effective 19 February 2019.

S.I. No. 317 of 2013:

Circuit Court Rules (Personal Insolvency) 2013

1. (1) These Rules, which may be cited as the Circuit Court Rules (Personal Insolvency) 2013, shall come into operation on the 9th day of August, 2013.

(2) These Rules shall be construed together with the Circuit Court Rules.

(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2013.

2. The Circuit Court Rules are amended:

(i) by the substitution for the definition of “The Judge” in the Interpretation of Terms provisions of the following definition:

“11. “The Judge” means a Judge of the Circuit Court and, for the avoidance of doubt, includes, where the context so admits or requires, a Specialist Judge of the Circuit Court.”;

General Amendment 8

S.I. No. 583 of 2009:

Circuit Court Rules (Combined Court Offices) 2009

1. These Rules, which may be cited as the Circuit Court Rules (Combined Court Offices) 2009, shall come into operation on the 11th day of January 2010.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2009.

3. The Circuit Court Rules are amended:

(i) by the substitution in the “Interpretation of Terms” provisions for the definition of “County Registrar” of the following definition:

“5. “County Registrar” means the County Registrar in any County attached to the Court under the Court Officers Act 1926, and includes 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, provided that:

(a) where any business of the office of the 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, a reference to the “County Registrar” (save such a reference in any provision of these Rules mentioned in paragraph (b)) shall, for the purposes of such business, include a reference—

(i) to the combined court office manager appointed under section 19 of that Act for that combined court office or

(ii) where the combined courts office manager has arranged that 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 may exercise such of the powers, authorities, duties and functions as he cannot conveniently exercise or perform himself, to that member of staff.

and any form in the Schedule of Forms shall be modified accordingly;

(b) the provisions of these Rules to which paragraph (a) refers are:

(i) Order 4;

(ii) Order 18, except the first paragraph of sub-rule (1) of rule 1;

(iii) Order 46, rule 5;

(iv) Order 48;

(v) any provision authorising the taxation or measurement by the County Registrar of costs, or referring to such taxation or measurement;

(vi) any provision authorising, or referring to, the exercise by the County Registrar of functions under any procedure for case progression prescribed by these Rules; and

(vii) any other provision authorising, or referring to, the exercise by the County Registrar of functions mentioned in section 38(2) of the Court Officers Act 1926, or conferring on or referring to the exercise by the County Registrar of a limited function or power of a judicial nature, arbitration or a function consisting of the taking of evidence.”;

(ii) by the substitution in the “Interpretation of Terms” provisions for the definition of “Office” of the following definition:

“15. “Office”, “the Office” or “the appropriate Office” means:

(a) the Office of the Court in any County;

(b) where any business of the office of the 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, and for the purposes of such business— that combined court office, and any form in the Schedule of Forms shall be modified accordingly.”;

(…)

Order 18

County Registrar

ORDER 18

COUNTY REGISTRAR

1.[1] [2] [3]

(1) The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.

In particular and without prejudice to the generality of the foregoing, and without prejudice to any other provisions of these Rules, the County Registrar may, in accordance with Section 34(1) and the Second Schedule of the Courts and Court Officers Act 1995 make the following orders—

(i) Any order which may be made as of course.

(ii) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

(iii) An order for enlargement of the time for doing any act or taking any step in an action or matter.

(iv) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(v) A conditional order for the appointment of a receiver by way of equitable execution and, if that appointment is consented to or is uncontested, an order for the appointment of the receiver, and an order for the discharge of a receiver.

(va) A conditional order of garnishee and, if the order is consented to or is uncontested, an order of garnishee.

(vi) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(vii) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(viii) An order for the taking of evidence on commission.

(ix) An order on an application for directions as to—

(I) service of a civil bill or other originating document not inter partes, or

(II) any other procedure in an action or matter.

(x) An order adding or substituting a party in any proceeding.

(xi) An order giving liberty to intervene and appear.

(xii) An order for the amendment of pleadings on consent.

(xiii) An order to receive a consent and make the same a rule of court where the parties are sui juris.

(xiv) An order under the Bankers’ Books Evidence Acts 1879 and 1959.

(xv) An order for payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a judge) for his or her benefit during minority.

(xvi) An order in uncontested cases to have an account taken or inquiry made.

(xvii) An order for the issue, for service outside the jurisdiction of a citation to see proceedings in contentious probate matters.

(xviii) An order for the issue of a citation to lodge in court a grant of probate or letters of administration in contentious probate matters.

(xix) An order giving liberty to file a supplemental affidavit of scripts.

(xx) An order for the lodgement of scripts by any party.

(xxi) An order appointing a receiver in a place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(xxii) A stop order on moneys or securities in Court.

(xxiii) An order for the issue of a sub-poena under Order 39, rule 30 of the Rules of the Superior Courts.

“(xxiv) An order to vacate a lis pendens on an application under section 123 of the Land and Conveyancing Law Reform Act 2009.

(xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

(xxvi) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(xxvii) An order giving liberty to issue an execution order to replace an execution order that is lost or mislaid.

(xxviia) An order giving liberty to issue an execution order at any time during the period of 12 years from the date of the judgment or order of the Court whose execution is directed or authorised by the execution order.

(xxviib) An order giving liberty to amend the identity of the parties to an execution order in accordance with any amendment made by the Court to the identity of the parties to the judgment or order of the Court whose execution is directed or authorised by the execution order following the death of any party entitled or liable to execution under that order or the assignment of the debt due under that order.

(xxviii) An order for the transfer of proceedings to the High Court or the District Court, including all ancillary orders for the transfer of moneys lodged in the Circuit Court.

(xxix) An order giving liberty to—

(I) serve a third party notice to proceedings on notice to the plaintiff in the proceedings,

(II) join a party as a co-defendant to proceedings on notice to the plaintiff in the proceedings, or

(III) join a party as a co-plaintiff to proceedings on notice to the defendant in the proceedings

(xxx) An order for the recovery of—

(I) a liquidated amount, or

(II) a specific chattel or chattels,

or both in any proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxi) An order entering judgment in an action for unliquidated damages, together with interest thereon and the costs, charges and expenses of the action, in which an appearance has not been entered or a defence has not been delivered.

(xxxii) An order for the recovery of possession of any land in ejectment proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxiii) An order for possession of any land within the meaning of section 3 of the Registration of Title Act 1964 , in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

(xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered.

(xxxv) An order that—

(I) a debtor liable under a judgment or order of the Court to pay an amount of money or, where the debtor is a body corporate, an officer, employee or member of the body corporate, and

(II) any other person who a County Registrar considers appropriate,

may be examined orally by the County Registrar to ascertain what (if any) debts are owing to the debtor and what (if any) property or other means the debtor has to satisfy the judgment or order.

(2) In any case in which a County Registrar may make an order in accordance with sub-rule (1), he may—

(a) make any supplementary or ancillary order,

(b) place a stay, subject to such conditions as he thinks just, on any order made, or

(c) give any necessary directions

and may in respect of the costs of the application direct payment of a sum in gross in lieu of payment of costs to be taxed

(3) In sub-rule (1), “execution order” shall be interpreted in accordance with the Second Schedule to the Courts and Court Officers Act 1995 .[4]

(4)[5] Unless the same issue has been determined by the Judge (or an application for such a determination is pending before the Judge), the County Registrar may order that a further and better statement of the nature of the claim or Defence or counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, or copies of accounts or documents or further information referred to in Order 17, be delivered, upon such terms as to costs and otherwise as may be just.

2. The County Registrar shall take and make all such accounts and inquiries as may be ordered by the Court, and shall certify the result thereof to the Court on completion and for this purpose he shall have all the powers of the Examiner in the High Court, and he shall issue such citations and subpoenas as are necessary to implement the jurisdiction of the Court.

3. If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit.

4. The County Registrar shall have power to settle all necessary advertisements, and arrange for the insertion thereof in such publications as he shall think right.

5. The County Registrar may summon to attend before him, and may examine on oath any party to any proceeding, or any witness whose attendance in connection with any of the duties or powers conferred upon him by statute, or otherwise, he may deem necessary.

6. The County Registrar shall have power, when directed by the Judge or empowered by these Rules, to tax all Bills of Costs, including costs as between solicitor and client, and shall certify the amount properly due thereon. In every case he shall measure the costs by fixing a reasonable sum in respect of the entire Bill or any particular item therein.

7. [6]Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate or within ten days from the date of perfection of such ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he thinks fit.

8. In the absence of any order of the Court, or of a direction or request by a person entitled to make the same, as to the investment of sums of cash paid into Court, the County Registrar shall apply to the Judge for directions as to the investment thereof.

9. In the absence of the Judge the County Registrar shall have power to declare the Court adjourned for such period, or to such date, as may be necessary.

10. The County Registrar in each County may from time to time carry over to a general ledger account for dormant balances the balances of funds to the credit of any ledger account which have not been dealt with for fifteen years or upwards; and he may carry to the credit of the same general ledger account the interest or dividends from time to time accruing upon the balances of funds which have been so carried over. When an order dealing with funds carried over under this Rule is to be acted upon, the County Registrar shall carry back such funds, and any interest or dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.

11. On or before the 31st day of December in every third year the County Registrar shall prepare a list or statement of the accounts in the Office carried over to the general ledger account under the next preceding Rule. The said list or statement shall be filed and exhibited in the Office, and a copy thereof shall be published in Iris Oifigiúil.

[1] Order 18 rule 1 substituted by SI 312 of 2007, effective 20 July 2007.
[2] The definition of “County Registrar” was amended by SI 583 of 2009, effective 11 January 2010.
[3] Order 18 rule 1(xxiv) substituted by SI 155 of 2010, effective 13 May 2010.
[4] Order 18 rule 1(3) substituted by SI 312 of 2007, effective 20 July 2007.
[5] Order 18 rule 1(4) inserted by SI191 of 2008, effective 9 July 2008.
[6] Order 18 rule 7 substituted by SI 312 of 2007, effective 20 July 2007.

Order 35

Transfer of Actions

1. Whenever the High Court shall transfer any action or proceeding to the Court, the plaintiff shall lodge with the County Registrar, within fourteen days from the date of the order for transfer, the summons and all pleadings, orders, and all documents already delivered or made, and thenceforward the action or proceeding shall be taken and heard in the Court as if it had been originally commenced therein, and the costs of the action or proceeding up to the date of the order for transfer shall be determined by the Judge unless the order of transfer shall otherwise direct.

2. Where in any case of transfer in the last preceding rule mentioned, the plaintiff shall have omitted or refused to lodge the documents in the said rule prescribed, the defendant may, at any time after the time limited in the said rule, lodge the said documents or a certified copy of the order for transfer, and copies of the other documents verified by affidavit, and thereupon the action shall proceed as in the last preceding rule prescribed.

3. The party lodging the said documents as in the last two preceding rules provided, shall within fourteen days of such lodgment, file and serve on the other party a notice that the said documents have been lodged with the County Registrar.

4. When any action or proceeding shall be sent forward or transferred to the High Court from the Court, the County Registrar shall transmit to the proper Officer of the High Court the file in the action or proceeding.

5. In any case where the defendant has not delivered a Defence before the transfer of the action, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of service of the notice provided by Rule 3 of this Order. Where the defendant has, as provided by Rule 2 of this Order, lodged the documents with the County Registrar, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of such lodgment.

Order 63

Transfer of trial to the Dublin Circuit Court

1. [1] (1) In this Order, “the Act” means the Courts and Court Officers Act 1995 (No. 31 of 1995).

(2) An application by the prosecutor or an accused pursuant to section 32(1) of the Act for an order transferring the trial of a person charged with an indictable offence to the Circuit Court sitting within the Dublin Circuit shall, save where the Court otherwise directs or permits, be made by motion on notice to the accused or, as the case may be, the prosecutor.

(3) The Notice of Motion shall specify the grounds upon which such application is to be made and any facts relied on in the application shall be verified in an Affidavit sworn by or on behalf of the applicant.

(4) An application by the prosecutor pursuant to section 32(3) of the Act may be made ex parte at any time or place approved by the Judge concerned, by arrangement with the County Registrar.

(5) An Order made pursuant to section 32(1) of the Act shall specify the following—

(i) the Sitting of the Circuit Court within the Dublin Circuit to which the case has been transferred;

(ii) whether the accused is in custody or on bail;

(iii) the name and address of the accused’s Solicitor, if the accused is represented by a Solicitor.

2. The Order of the Circuit Court transferring the trial shall be in the form set out at Form 39 of the Schedule of Forms.

3. If the Order transferring the trial is made during a Sitting of the Circuit Court within the Dublin Circuit the case shall be transferred to that Sitting subject to Rule 4 of this Order.

4. If the Order transferring the trial is made during the last two weeks of a Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

5. If the Order transferring the trial is made when there is no Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

6. When an Order of the Circuit Court transferring a trial is made the County Registrar shall forward within 3 days from the date of the makings of the said order, the said order and all relevant documents to the County Registrar for the County and City of Dublin.

7. Order 67 Rule 16 shall not apply to this Order.

 

[1] Order 63 rule 1 substituted by SI 312 of 2007, effective 20 July 2007.

Order 64A

Funds in court

: S.I. No. 525 of 2005

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” means the Chief Clerk in the Accountant’s Office or a deputy 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 Circuit 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.

 

II. Lodgment of Funds in Court

2. (1) The President of the Circuit Court 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 of the Circuit Court has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of su1~ rule I 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 County Registrar by post or in such other manner (including transmission electronically’) as the Accountant may determine.

(3) The President of the Circuit Court 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 of the Circuit Court 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 the County Registrar 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 the County Registrar, and the Accountant or the Institution, as the case may be, shall cause a receipt to be given to the County Registrar making the lodgement, and shall send such receipt to the County Registrar 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 I 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 of the Circuit Court 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 of the Circuit Court has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the pu1~pos~s 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 of the Circuit Court 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 lodgement pursuant to an order shall, save where a direction for lodgement of funds is transmitted electronically pursuant to sub rule 1 2 hereof, be issued by the Accountant upon receipt from the County Registrar 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 or of the County Registrar may be transmitted by the County Registrar to the Accountant electronically in such form and manner and subject to such conditions and exceptions as the President of the Circuit Court may from time to time direct.

(13) An order containing a direction for lodgement of funds in court shall, within 14 days of the making of the order, be taken up by the plaintiff or other party for whose benefit the lodgement is to be made and served by that party by registered post on the defendant or other party required to make the lodgement.

(14) The defendant or other party directed to make a lodgement 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 of the Circuit Court for the purposes of sub rules 1 or 3 of Rule 2 of this Order, the Accountant may, in consultation with the County Registrar for the county concerned, 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 shall be paid in.

(2) Where the Accountant has in respect of a county, prescribed a bank 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 lodgement 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 lodgement has expired. the person required to make the lodgement shall pay into court an additional sum by way of interest upon the amount to be lodged at such judgement interest rate as was operative at the latest date the lodgement was required to have been made.

(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 lodgement; provided that any such subsequent lodgement 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 or required to be 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 of the Circuit Court. 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 or the County Registrar 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 County Registrar 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.

(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 company 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 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 signed by the Accountant or the Chief Clerk.

(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.

(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 of the Circuit Court 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) Where a person (in this rule referred to as “the payee”) is entitled under an order or otherwise to receive a payment, and unless the order or authority for payment directs otherwise, the following provisions shall apply:

(a) the Accountant shall, upon receipt of a request in writing from the payee within fourteen days from the date of the order or other authority for payment, effect such payment by delivery of the direction for payment to the payee at the Accountant’s Office upon production to the Accountant of evidence of the identity of the payee sufficient to satisfy the Accountant;

(b) where a request has not been received by him in accordance with paragraph (a) hereof the Accountant may effect such payment (i) by transfer to an account in the name of the payee specified in writing by the payee, (ii) by post. to an address specified in writing by the payee;

(c) where a power of attorney executed by the payee and attested, is sent or delivered to the Accountant, he may deliver the direction for payment to the attorney nominated by the power (i) in person , upon production to the Accountant of evidence of the identity of the attorney sufficient to satisfy the Accountant, (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) Where any payment has been authorised whether by order or otherwise, before directing such payment. the Accountant may where he deems fit, require evidence of the identity of the payee 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 of the Circuit Court, 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 die 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.

 

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