Pre-Trial Issues
District Court Rules
Applications By Notice Of Motion
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 — PRE-TRIAL APPLICATIONS: GENERAL
1 Application of this Order
1. (1) Unless otherwise provided by these Rules, this Order applies to any interlocutory or other application in a civil proceeding.
(2) Nothing in this Order limits the power of the Court to make any interlocutory order or give a direction (whether in the presence of some only or all of the parties) without the issue of a notice of motion in an appropriate case.
2 Form and timing of application
2. (1) An application in a proceeding made on notice to any person must be made in writing, by notice of motion, unless the Court otherwise orders, and must be supported by an affidavit.
(2) An application by notice of motion is made when the notice of motion is filed in accordance with rule 4.
(3) Unless any statute or rule otherwise provides, the moving party in any application to the Court other than an ex parte application or an application for an adjournment must give at least 48 hours’ notice in writing to the Clerk of the Court at which such application is to be made. This filing of a notice of motion or notice of application for issue is deemed to be notice to the Clerk of intention to make the application contained in the notice on the return date assigned to it.
3 Notice of application to other parties or persons
3. On the return date of a notice of motion the Court may order that the person making the application give notice of it to any other person having a sufficient interest.
4 Form and filing
4. (1) A notice of motion must be in Form 44.01, Schedule C, modified as appropriate to the case and must include particulars of the order, direction or other relief sought as appropriate to the case, a summary of the grounds of the application and, where relevant, a statement of the provisions of law including the provisions of any enactment or these Rules relied on in making the application.
(2) A notice of motion must be filed with the Clerk assigned to the Court area in which the proceedings concerned have been issued and assigned a return date by the Clerk.
(3) Where the grounds for the order, direction or other relief sought include the failure or refusal of the opposing party to agree a matter, copies of the correspondence or documents passing between the parties concerned, relevant to the subject matter of the motion must be attached to the original notice of motion.
(4) Where more than one order, direction or other relief is sought against the same party in the same civil proceeding:
(a) so far as practicable, all such orders, directions or other reliefs must be sought in the same notice of motion and a party must not suffer any adverse consequence in the costs to which the party is found to be entitled by reason of having sought several orders, directions or other reliefs in the same notice of motion; and
(b) where practicable, a party must seek all of the interlocutory orders, directions or other reliefs which the party seeks in the civil proceeding on the same return date.
5 Service
5. (1) The applicant must serve a copy of a notice of motion and a copy of any affidavit in support of the notice of motion on every person to whom notice of the motion is to be given unless otherwise provided by these Rules or by an order of the Court.
(2) Every notice of motion must be served on every other party against whom any relief is sought in the motion not less than seven days before the return date.
6 Return date
6. (1) If a notice of motion has not been served a Clerk may, at the request of the party who filed it, amend the notice of motion on or before the return date named in the notice of motion to name another return date.
(2) In any other case, a notice of motion may only be amended by the Court.
(3) A notice of motion must not be amended under sub-rule (1) more than once.
7 Copies for Court
7. (1) The claimant or other moving party must have available in Court on the return date of any motion, for use by the Judge, copies of:
(a) any notice of motion before the Court on that return date; and
(b) any affidavit (and any exhibits) delivered by any party in support of or in opposition to the motion.
(2) Sub-rule (1) does not limit the ability of any party to rely on any affidavit or document at the hearing of an application by motion.
8 Adjournment
8. The Court may adjourn the hearing of an application by notice of motion on such terms as it thinks just.
9 Absence of party served with notice of motion
9. (1) If any person to whom a notice of motion is addressed fails to attend, the Court may hear the application if satisfied that the notice of motion was duly served.
(2) If on an application by notice of motion the applicant fails to attend, the Court may dismiss the application or make such other order as the Court thinks just.
2 — APPLICATIONS TO SET ASIDE OR VARY
10 Application to discharge, set aside or vary an order
10. (1) The Court may, on an application by notice of motion (Form 44.02, Schedule C, modified as appropriate to the case) by the person affected, on notice to the applicant for the original order, discharge, set aside or vary an order which affects a person where the application for the order—
(a) was made on notice to that person, but the person did not attend the hearing of the application; or
(b) was not made on notice to that person.
(2) An order under sub-rule (1) may be subject to such terms as to costs or otherwise as the Court considers just.
Lodgments And Tenders In Lieu Of Lodgment
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 — INTERPRETATION
1 Definitions
1. In this Order—
“claim” includes a counterclaim and any claim made by third party notice; “claimant” includes a respondent who serves a counterclaim and a party who makes a claim by third party notice;
“lodgment” means a lodgment of money in Court in accordance with rule 2; “notice of lodgment” means a notice served in accordance with rule 2(3); “qualified party” means a party identified in rule 9(1);
“respondent” includes a respondent by counterclaim and a party against whom a third party claim is made;
“tender offer” means an offer made under rule 9(2).
2 — LODGMENT
2 Application
2. (1) The respondent may in respect of any claim in a civil proceeding, at any time up to the time prescribed for filing and service of the respondent’s appearance and defence, lodge in Court a sum of money which he or she alleges is sufficient to satisfy the claim.
(2) A lodgment in respect of a claim may be on terms that take into account any other claim between the claimant and the respondent made in the proceeding.
(3) A notice of the making of the lodgment (Form 45.01, Schedule C) must be made in writing in a document other than the appearance and defence.
(4) The notice of lodgment must contain a statement to the effect that it is served in accordance with this Order.
(5) A copy of the notice of lodgment must be served on the party whose claim the lodgment is intended to meet when the appearance and defence to the claim is served on that party.
(6) The original of the notice of lodgment must be filed with the Clerk who must keep it in a separate file.
(7) Neither the Clerk nor any other person may disclose the fact (or the amount) of any lodgment to the Court until all issues between the parties concerned have been decided.
(8) Neither the fact nor the amount of a lodgment may be intimated in a defence or other pleading or document filed in Court (other than the notice of lodgment or any notice of acceptance of a lodgment).
3 Time for accepting a lodgment
3. (1) The party whose claim a lodgment is intended to meet may accept the amount lodged (Form 45.02, Schedule C) within 28 days after the notice of lodgment was served, or at any later time with the written consent of the party who made the lodgment.
(2) Where a late lodgment or an increase to a lodgment is made in accordance with rule 6, the party whose claim the lodgment or increased lodgment is intended to meet may accept the amount lodged within 28 days after the notice of lodgment or notice of increased lodgment was served, or at any later time with the written consent of the party who made the lodgment or increased lodgment.
4 Consequences of accepting a lodgment
4. (1) On acceptance of a lodgment, the amount lodged may be paid to the party accepting it, without any judgment or order by the Court, provided that the party accepting the lodgment has lodged with the Clerk or with the Accountant a signed notice of acceptance of the lodgment in full satisfaction of the claim, save as to costs and, where acceptance of the lodgment requires the consent of the party who made the lodgment, the written consent of that party to late acceptance of the lodgment.
(2) If the amount of costs to which a party who has accepted a lodgment is entitled cannot be agreed between the parties concerned, the Court may, on the application of the claimant or respondent, as the case may be, determine the scale of costs to apply.
5 Where a party is under a disability
5. (1) Despite rule 3, and subject to the provisions of section 63 of the Civil Liability Act 1961 (No. 41 of 1961), where the party whose claim a lodgment is intended to meet is under a disability, then, together with the notice of acceptance of the lodgment there must be served on the party who made the lodgment a notice of motion (Form 44.01, Schedule C, with the necessary insertions and modifications) to have the acceptance of the lodgment approved by the Court.
(2) After a notice of motion has been served in accordance with sub-rule (1), no further step in the proceedings may be taken except with the permission of the Court.
(3) On the hearing of the motion, the moving party may be awarded the amount of costs the Court considers just, whether or not acceptance of the lodgment is approved by the Court.
6 Permission to make a late lodgment
6. (1) Despite rule 2(1), a party may make a lodgment, or may make a further payment into court to increase an existing lodgment—
(a) in any case where an amendment has been made to the statement of claim in the claim notice (or, as the case may be, the counterclaim or third party notice) in which the claim is made, within 28 days after the amended pleading is served on the party making the lodgment; or
(b) with the written consent of the party whose claim is intended to be met by the lodgment, within such further period as is permitted in that party’s consent, the original of which must be lodged with the Clerk; or
(c) with the permission of the Court, within such further period as is permitted in the Court’s order.
(2) A party who makes or increases a lodgment in accordance with sub-rule (1) must serve a notice of lodgment (or notice of increased lodgment) on the party whose claim is intended to be met.
7 Liability for costs where a lodgment is not accepted
7. (1) Where a party does not accept the amount lodged within the time prescribed, that party is liable for all costs incurred after the lodgment (or increased lodgment) in respect of the proceeding unless the Court decides that the amount due in respect of the claim is greater than the amount lodged in respect of the claim.
(2) Where a Court decides that the amount to which a party is entitled in respect of a claim is less than the amount lodged to meet that claim, the Court must give judgment for the party making the claim for the amount the Court finds to be due, but must award to the party who made the lodgment the costs incurred in respect of the proceedings after the lodgment.
(3) The Court may make an order as to the disposal of the amount lodged in court as the Court thinks just.
(4) Despite sub-rules (1) and (2), the Court may, due to the special circumstances of the case specifically identified by the Court, order that the party who did not accept the lodgment—
(a) is not liable for any, or a specified amount of the costs incurred after lodgment of the party who made the lodgment; or
(b) may recover a specified amount of that party’s costs incurred after lodgment from the party who made the lodgment.
8 Investment of money lodged
8. The party making a lodgment may by notice to the Clerk or the Accountant request that the lodgment either be placed in a current account or be invested. The party making a lodgment is entitled to payment of any investment gain accruing and the proceeds of any such gain must be paid out to the party who made the lodgment or that party’s solicitor on the conclusion of the proceedings, subject to any order the Court may make. Any investment gain does not form part of the lodgment.
3 — TENDER OFFER BY QUALIFIED PARTY IN LIEU OF LODGMENT
9 Qualified parties
9. (1) A party is as a qualified party for the purposes of this rule if the party is:
(a) a Minister of Government; or
(b) the Attorney General; or
(c) the Government; or
(d) the State; or
(e) any party in respect of whom the State is providing an indemnity; or
(f) an indemnifier of any party authorised to carry on business in the State as an insurance undertaking under the law for the time being in force; or
(g) the Motor Insurers Bureau; or
(h) the Visiting Motor Insurers Bureau.
(2) Where a qualified party is entitled to make or increase a lodgment on the qualified party’s own behalf or on behalf of any other party under Part 2 of this Order or by order of the Court, then the qualified party may, in lieu of lodging money in Court, make an offer of tender of payment to the party whose claim is intended to be met.
(3) A tender offer made under this rule is deemed to be a lodgment and to have the same effect as a lodgment.
(4) The provisions of Part 2 of this Order apply mutatis mutandis to tender offers as regards time for making and accepting them as they apply to a lodgment.
(5) A tender offer must be made in writing in accordance with Form 45.03, Schedule C and must state whether liability is admitted or denied and, subject to rule 2, is to be taken to be part of the pleadings.
(6) Notice of acceptance of a tender offer must be made in writing in accordance with Form 45.04, Schedule C and the provisions of rules 4 and 5 apply to such acceptance.
(7) Where a tender offer has been accepted, the qualified party who made the tender offer must pay the sum specified in the tender offer within 28 days of receipt of notice of acceptance of the tender offer.
(8) A qualified party whose tender offer has been accepted but who has failed to pay the sum specified in the tender offer within 28 days of receipt of notice of acceptance of the tender offer continues to be liable to pay the sum specified and is also liable to pay interest on the sum specified at the rate fixed for judgments of the Court for each day after that 28 day period for which the specified sum or any part of the specified sum remains unpaid.
(9) Any party or qualified party may apply to the Court in relation to any tender offer or any matter relating to a tender offer and the Court may make any order or give any directions on that application as the Court considers just and proper.
Discovery And Inspection Of Documents
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 Application of this Order
1. This Order does not apply to debt claims (unless an order has been made giving leave to defend) or to small claims.
2 Request for inspection or copies of documents listed in claim notice or defence
2. (1) A respondent may, at any time after service of a claim notice on him or her and before delivery of an appearance and defence make a request to the claimant in writing for copies of all or any of:
(a) the correspondence or other documents listed in the statement of claim;
(b) any other document referred to in the statement of claim.
(2) A claimant may, at any time after service of an appearance and defence on him or her make a request to the respondent in writing for copies of all or any of:
(a) the correspondence or other documents listed in the appearance and defence;
(b) any other document mentioned in the appearance and defence.
(3) The party to whom a request under sub-rule (1) or (2) is made must within seven days after receipt of the request:
(a) provide copies of such of the documents requested as are in his possession or power of procurement on payment of the reasonable charges for copying them; or
(b) produce such of the documents requested as are in his possession or power of procurement for inspection by the party who made the request, or by his or her solicitor, and permit him or her to take copies.
(4) If so agreed by the parties:
(a) copies of documents may be provided in electronic form or such other form as is agreed or directed; and
(b) inspection may be permitted of electronic copies of documents or of documents in electronic form.
(5) A party who fails to comply with a request under sub-rule (1) or (2) may not afterwards put any such document in evidence on his or her behalf, unless the Court is satisfied that there was a sufficient reason for not complying with the request, in which case the Court may allow the document to be put in evidence on such terms as to costs and otherwise as he or she thinks just.
3 Application for discovery following request
3. (1) Where a party wishes to have discovery of documents in addition to those which may be produced under rule 2, the party must first make a request in writing for voluntary discovery within a period of 21 days from the date of the request.
(2) The request must specify the precise documents or categories of documents in respect of which discovery is sought; provide the reasons why each category of documents is required to be discovered and explain why discovery of the documents sought is necessary for disposing fairly of the claim or for saving costs.
(3) If the party requested fails, refuses or neglects to make discovery or ignores the request, the party seeking discovery may apply to the Court by notice of motion supported by an affidavit for an order directing the party requested to make discovery on oath of the documents which are or have been in his possession or power of procurement, relating to any matter in question in the civil proceeding.
(4) The notice of motion and a copy of any affidavit must be served not less than four clear days before the return date.
(5) On hearing the application, the Court may, having regard to the value of the claim:
(a) refuse or adjourn the application, if satisfied that discovery is not necessary, or not necessary at that stage of the proceeding; or
(b) make such order on such terms as to the security for the costs of discovery or otherwise, and either generally or limited to certain classes of documents, as he or she thinks just.
4 Order for discovery without motion in urgent cases or by consent
4. Despite rule 3, in any case where by reason of the urgency of the matter or the consent of the parties, the nature of the case or any other circumstances which to the Court seem appropriate, the Court may make such order for discovery by any party as appears proper, without the necessity for a prior application in writing.
5 Affidavit
5. The affidavit to be made by a party against whom an order for discovery has been made must specify which, if any, of the documents scheduled in the affidavit he or she objects to produce, and must be in accordance with Form 45B.01, Schedule C.
6 Order to produce documents for inspection
6. (1) The Court may at any time while civil proceedings are pending order the production by any party to the civil proceedings, on oath, of such of the documents in his possession or power, relating to any matter in question in the civil proceedings, as the Court thinks right; and the Court may deal with such documents, when produced, in the manner the Court considers just.
(2) If a party served with a request under rule 2(1) or (2) omits to provide copies or notify a time for inspection, or objects to allowing inspection, the Court may, on the application of the party desiring it, make an order for inspection at such time and in such place and in such manner as the Court directs.
(3) An application under sub-rule (2) must be made by motion on notice to be served not later than four clear days before the return date and supported by an affidavit showing of what documents inspection is sought and that they are in the possession or power of procurement of the other party.
7 Failure to comply with order for discovery
7. (1) If a claimant fails to comply with an order for discovery or inspection of documents, he or she is liable to have his or her claim dismissed for want of prosecution.
(2) If a respondent fails to comply with an order for discovery or inspection of documents, he or she is liable to have his or her appearance and defence, if any, struck out, and to be placed in the same position as if he or she had not defended.
8 Costs of discovery
8. In every civil proceeding, unless otherwise ordered by the Court, the costs of discovery are part of the costs of the party seeking discovery, either as between party and party or between solicitor and client, where, and only where, discovery is certified as necessary by the Court.
9 Application to children
9. This Order applies to any claimant or respondent who is a child, and to the next friend or guardian ad litem of any such party.
10 Inspection of document by Court
10. Where an application is made for the production or inspection of a document and:
(a) a claim is made that the document is privileged from production, or
(b) an objection to production is made on any other ground,
the Court may inspect the document for the purpose of deciding the validity of the claim or objection.
11 Discovery after directions
11. If the Court gives directions concerning discovery or inspection of documents, no party may, without further order, serve a request for discovery on any other party except in accordance with those directions.
12 Discovery or interrogatories by non-party
12. (1) This rule applies where the Court is satisfied, on the application by notice of motion of a party, that a person who is not a party to the civil proceedings (in this rule, the “non-party”) is likely to have or to have had in his or her possession or power of procurement documents which are relevant to an issue arising or likely to arise out of the claim or proceeding or is or is likely to be in a position to give evidence relevant to such an issue.
(2) On an application mentioned in sub-rule (1), the Court may direct an order to a non-party to answer interrogatories set out in the order or to make discovery or to permit inspection of documents specified in the order.
(3) An order may not be made on an application under sub-rule (1) unless the Court is satisfied that:
(a) where relevant, the moving party has sought the documents or, as the case may be, the evidence, which is the subject of the application, from a party to the civil proceedings; and
(b) the documents or, as the case may be, the evidence, which is the subject of the application, is not available from a party to the civil proceedings.
(4) Before issuing of a notice of motion under sub-rule (1), the party seeking discovery from the non-party must first send a request for voluntary discovery in accordance with rule 3, the request being made to the non-party and copied to the other parties to the proceedings.
(5) The party seeking an order under this rule must indemnify the non-party in respect of all costs reasonably incurred by the non-party in answering interrogatories or in making discovery and the costs borne by the party seeking the order must be costs of that party in the civil proceedings.
(6) The provisions of this Order apply with any modifications necessary to an order directed to a non-party as if it had been an order directed to a party to the civil proceedings.
Affidavits In Civil Proceedings
: S.I. No. 17 Of 2014
Related link
S.I. No. 17 of 2014 – provisions overview
1 Definitions
1. In this Order-
reference to an affidavit includes reference to any affidavit, solemn affirmation or the acknowledgment of any deed or recognizance for use in civil proceedings in the Court;
“deponent” means a person making an affidavit for use in civil proceedings in the Court, but includes reference to a person making a solemn affirmation or acknowledgment of a deed or recognizance for use in civil proceedings in the Court;
“relevant document” has the same meaning as in section 2 of the Statutory Declarations Act 1938.
2 Making an affidavit
2. (1) Subject to sub-rule (2), all affidavits for use in civil proceedings in the Court (which may be in the Form 50.01, Schedule C) must be made before a Commissioner empowered to administer oaths for the High Court, or a practising solicitor.
(2) Where the person making an affidavit resides outside the State, or is for the time being outside the State, the affidavit may be made before any person authorised by law to administer oaths in the place where the person making the affidavit resides or is.
3 Form of affidavit
3. All affidavits for use in civil proceedings in the Court must:
(a) be written or printed book-wise;
(b) be expressed in the first person of the deponent; (c) be drawn up in numbered paragraphs; and
(d) include the title of the civil proceedings in which they are sworn.
4 Particulars of deponent and other requirements
4. All affidavits for use in civil proceedings in the Court must:
(a) state the deponent’s occupation and (unless the Court otherwise orders or permits) place of residence;
(b) state that the deponent is over 18 years of age, but if the deponent is under 18 years of age, the affidavit must state the deponent’s exact age;
(c) be confined to such facts as the deponent is able to prove of his or her own knowledge;
(d) state the deponent’s means of knowledge of the facts sworn, except on interlocutory motions, on which a statement by the deponent as to his or her belief, and the grounds of his or her belief, may be admitted.
5 Affidavit may not be sworn before solicitor for party
5. No affidavit may be used in civil proceedings in the Court if it was sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before the partner, agent, correspondent or clerk of that solicitor, or before the party himself.
6 Attestation by person taking affidavit and jurat
6. Every person taking an affidavit for use in civil proceedings in the Court:
(a) must express the date on which and the place at which he or she takes the affidavit; otherwise the affidavit must be taken not to be authentic and must not be filed without the permission of the Court;
(b) must certify in the jurat either:
(i) that he personally knows the deponent, or
(ii) that the deponent has been identified to him or her by some person personally known to him or her and named in the jurat who certifies his personal knowledge of the deponent, or
(iii) that the identity of the deponent has been established by him or her by reference to a relevant document containing a photograph of the deponent before the affidavit was taken,
and in a case to which paragraph (iii) applies, must give particulars of the relevant document concerned.
7 Additional requirements for affidavit by illiterate or blind person
7. (1) When an affidavit for use in civil proceedings in the Court is sworn or made by a person who appears to the person taking the affidavit to be illiterate or blind, the person taking the affidavit must certify that:
(a) the affidavit was read in his or her presence to the deponent;
(b) that the deponent appeared to understand it, and
(c) that the deponent made his or her signature or mark in the presence of the person taking the affidavit.
(2) No affidavit mentioned in sub-rule (1) may be used in evidence in the absence of the certificate mentioned in sub-rule (1) unless the Court is otherwise satisfied that the affidavit was read over to, and appeared to be understood by, the deponent.
8 Making an affidavit in a foreign language
8. (1) Subject to rule 9, where an intending deponent is not capable of making an affidavit in one of the official languages of the State, he or she must make an affidavit in another language which he or she understands (in this rule and rule 9 referred to as a “foreign language affidavit”).
(2) A foreign language affidavit must be translated into one of the official languages of the State by a translator who is suitably qualified for the purpose.
(3) Where a foreign language affidavit is to be filed in Court, an affidavit of the translator must be filed at the same time in which:
(i) the translator sets out his or her qualifications as a translator,
(ii) a copy of the foreign language affidavit and the original translation referred to in sub-rule (2) are exhibited, and
(iii) the translator confirms that the translation is accurate.
(4) The original translation referred to in sub-rule (2) must in addition be filed with the affidavit of the translator referred to in sub-rule (3).
9 Additional requirements for swearing and filing a foreign language affidavit
9. (1) Where the deponent appears to the person taking an affidavit not to be capable of understanding one of the official languages of the State, the person taking the affidavit must:
(a) ensure that the affidavit is made as a foreign language affidavit in accordance with rule 8; and
(b) ensure that the affidavit is read to the deponent by a suitably qualified interpreter in the presence of the person taking the affidavit, and that the deponent has fully understood it; and
(c) certify in the jurat that the affidavit was read in his or her presence to the deponent by a suitably qualified interpreter, that the deponent fully understood it and that the deponent signed the foreign language affidavit in his or her presence.
(2) Where a foreign language affidavit is to be filed in Court, in addition to the translator’s affidavit referred to in rule 8(3) an affidavit of the interpreter must be filed at the same time in which the interpreter sets out his qualifications as an interpreter, exhibits a copy of the foreign language affidavit and confirms that he or she read accurately to the deponent the contents of the foreign language affidavit.
(3) Where the translator and interpreter are one and the same person, a single affidavit may be sworn by that person for the purposes of rule 8(3) and this rule.
(4) No foreign language affidavit may be used in evidence in the absence of the affidavit referred to in rule 8(3), unless the Court is otherwise satisfied as to the evidence contained in the foreign language affidavit.
10 Filing clause
10. (1) There must be included in every affidavit a footnote showing:
(a) on whose behalf it is filed, and
(b) the person by whom it is filed and his address.
(2) No affidavit may be filed or used without the note mentioned in sub-rule (1) unless the Court otherwise directs.
11 Amendments
11. An affidavit which has in either the body or the jurat any interlineation, alteration, or erasure, may not be filed, read, or made use of in any civil proceeding in the Court without the permission of the Court unless:
(a) the interlineation or alteration (other than by erasure) is authenticated by the initials of the person taking the affidavit; or
(b) in the case of an erasure, the words or figures appearing at the time of taking the affidavit and erased are re-written and signed or initialled in the margin of the affidavit by the person taking it.
12 Power of Court to receive defective affidavit
12. The Court may receive any affidavit sworn for the purpose of being used in civil proceedings in the Court:
(a) despite any defect by misdescription of the parties or otherwise in the title or in the jurat; or
(b) despite any other irregularity in its form,
and where the Court does so, it may direct a memorandum to be made on the document that it has been so received.
13 Filing of affidavits
13. (1) Before an affidavit is used in civil proceedings in the Court, it must be filed with the Clerk.
(2) Sub-rule (1) does not prevent the Judge from making an order on the undertaking of the applicant or his solicitor to file any affidavit sworn before the making of the order, or permitted by the Judge to be made after the order, provided that the Judge may stay the issue of any order until the affidavit has been filed.
14 Date of filing
14. The Clerk must endorse on every affidavit which is filed for use in civil proceedings in the Court the date on which the affidavit was filed.
15 Affidavit may not be used after limited time without permission
15. Where a special time is limited for delivering or filing an affidavit, no affidavit delivered or filed after that time may be used without the permission of the Court.
16 Exhibits
16. (1) Documents identified by or referred to in an affidavit must not be annexed to the affidavit, but must be referred to in the affidavit as exhibits.
(2) Every certificate on an exhibit referred to in an affidavit signed by the person before whom the affidavit is sworn must be marked with the short title of the civil proceedings.
(3) Nothing in this rule requires or authorises any marking on an original will which has not been admitted to probate.
17 Costs of affidavit
17. The Court may order that a party must bear the costs of any affidavit which he or she has used which:
(a) unnecessarily contains matters of hearsay, or
(b) which contains argumentative matter, or
(c) which is of unnecessary length,
regardless of the outcome of the hearing at which it is used.
18 Court or party may require attendance of deponent
18. (1) The Court may direct the deponent to any affidavit to attend at the trial or hearing at which the affidavit is to be used, where it considers the deponent’s attendance necessary in the interests of justice.
(2) Unless the Court has ordered otherwise, a party may, by written notice served on the party relying on the affidavit concerned at least seven days before the trial or hearing, require the deponent to any affidavit to attend at the trial or hearing at which the affidavit is to be used, for the purpose of being cross-examined.
(3) In any case mentioned in sub-rule (1) or sub-rule (2) in which the deponent does not attend at the trial or hearing. the affidavit may not be used, unless the Court orders otherwise.
Practice Directions
Ex parte applications to Dublin Metropolitan District
Practitioners and litigants are hereby advised of the following with regard to the making of ex parte applications to the Dublin Metropolitan District:-
- Ex parte application are exceptional applications made without notice to the other side and so in principle they breach obligations of fair procedures guaranteed by the Irish Constitution and European Court of Human Rights.
- Any order which may be applied for ex parte (without notice to another party) as provided for by the District Court Rules must be set out on an ex parte application form.
- The ex parte application form and where required by the District Court Rules the affidavit grounding the application must clearly set out the grounds on which the order is being sought.
- The document appended hereto sets out the form of the application but this practice direction does not preclude the use of a similar form provided that such form contains the necessary details.
- Urgent ex parte applications may be made at any sitting of the court for the district wherein the proceedings are listed by giving prior notice of the intended application to the relevant District Court Clerk together with the necessary documentation required in order that the application may be listed.
- Non urgent ex parte applications must be lodged with the relevant District Court Clerk not less than 48 hours in advance of the date on which the application is to be made together with all necessary documentation required in order that the application my be listed.
- Applications for the issue of a summons under section 10 of the Petty Sessions Act (Ireland) 1851 shall also be taken at the end of the court list after all listed business has been determined by the court
Information.
An application seeking the issue of a summons under section 10 of the Petty Sessions Act (Ireland) 1851 Act is required to adduce sufficient evidence to the court to establish a prima facia case in respect of each essential element of the alleged offence. It is within the discretion of the presiding judge as to whether to require the information to be given on oath and in writing.
A lay advisor or accompanying person (where permitted by the court) has no entitlement to appear as an advocate or to address the court on behalf of a lay litigant making an ex parte application.
Dated this 26th April, 2016.
Signed:- Rosemary Horgan.
President of the District Court.
——————————
Ex parte Application
District Court Area of
District No.
Record number:
In the matter of section …… of the ……….
insert details of any relevant enactment relied on
Between
………………………. Claimant
………………………. Respondent
On the Application of
…………… of ………………..
indicate capacity of applicant to make application
Set out below the details and basis of the application
(Solicitor for the) claimant
To: District Court Clerk at ___________