Trial & Order
Circuit Court Rules
Side-bar applications
1. On lodgment of the appropriate documents and payment of the prescribed fees, application may be made in the Office in accordance with Form 26 of the Schedule of Forms annexed hereto in respect of the following matters, and orders may be made thereon by the County Registrar:
(i) [1] for the appointment of a guardian ad litem of a child;
(ii) for a plaintiff, lately a minor, to proceed in his own name;
(iii) to proceed, notwithstanding the death of a party, his right surviving;
(iv) to make a conditional order absolute on certificate of no cause;
(v) to deem good the service of a Civil Bill or other originating document under Order 11 Rule 13;
(vi) to allow service of a Civil Bill or other originating document out of the jurisdiction, pursuant to Order 13;
(vii) for the payment out of Court on his attaining his majority of money lodged to the credit of a minor;
(viii) for the correction of clerical errors or errors in the names of parties in any proceedings, whether on consent or not, but subject to re-service when not on consent;
(ix) for the renewal of a Civil Bill or other originating document as provided for in Order 12 hereof;
(x) To proceed against a defendant, lately an infant, he or she having attained his or her full age;
(xi) To proceed by or against a new Attorney General;
(xii) That a party do furnish a rental;
(xiii) That tenants do pay their rents to receiver, sequestrator, guardian or administrator pendente lite;
(xiv) That persons indebted to personal estate do pay the sums due by them to receiver or administrator pendente lite;
(xv) For injunction to Sheriff to put a purchaser into possession in the case of a County Registrar assigned to the Circuit Court offices for the counties of Dublin and Cork;
(xvi) For injunction to Sheriff to put a tenant into possession in the case of a County Registrar assigned to the Circuit Court offices for the counties of Dublin and Cork;
(xvii) To confirm sale absolutely;
(xviii) To receive a consent and make the same a Rule of Court where the parties are sui juris;
(xix) To make a conditional order absolute on a certificate of no cause, and to make an order directing payment of such costs (if any) as were reserved on the making of the conditional order;
(xx) For judgement of ouster on a disclaimer;
(xxi) To proceed compromise off.
[1] Order 19 rule 1 paragraph (i) substituted by SI 201 of 2023 effective 27 April 2023.
Evidence
1. In the absence of any agreement in writing between the Solicitors for all parties, and subject to these Rules and the law of evidence, the witnesses at the trial of any action shall be examined viva voce on oath and in open Court, but the Judge may at any time for such reasons as he thinks right order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Judge may think reasonable, provided that where it appears to the Judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit.
2. Documents put in evidence shall be marked by an officer of the Court and, unless the Judge otherwise directs, shall be returned to the party tendering the same as soon as possible after the hearing.
3. In any action where it shall appear necessary for the purposes of justice, an order may be made for the examination upon oath before the Court, or before any officer in the Office and nominated by the County Registrar, or by the Judge, or before any other suitable person, and at any convenient place, of any witness or person, and the order may empower any party to any such action, proceeding, or matter, to give such examination or deposition in evidence therein on such terms, if any, as the Judge may direct.
Affidavits etc taken in foreign countries
4. [1]All affidavits, declarations and affirmations in causes or matters pending in the Court may be taken in any foreign country or place before any Irish diplomatic or consular representative or agent exercising his functions in that country or place or, when there is no such representative or agent or no such representative or agent conveniently near to the deponent in such country or place, before any notary public lawfully authorised to administer oaths in that country or place, or in any part of the United Kingdom, before any notary public or other person authorised to administer oaths in such place; and the Judges and officers of the Court shall take judicial notice of the seal or signature, as the case may be, of any such diplomatic or consular representative or agent, notary public or other person attached, appended or subscribed to any such affidavit, declaration or affirmation, or to any other deed or document.
Proof of Foreign Public, Diplomatic and Consular Documents of Member States of the European Union
5.(1) [2] In this rule:
“Central Authority” means the Central Authority of a Member State of the European Union designated in accordance with Article 15 of the 2016 Regulation to fulfil functions relating to the application of the 2016 Regulation;
the “2016 Regulation” means Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012;
“public documents” has the same meaning as in Article 3 of the 2016 Regulation.
(2) A document which purports to be a public document to which the 2016 Regulation applies (or a certified copy, within the meaning of Article 3(7) of the 2016 Regulation, thereof) shall, without proof of any formal procedure for certifying the authenticity of a signature, the capacity in which the person signing the document has acted, or where appropriate, the identity of the seal or stamp which it bears, be admissible in evidence as such if otherwise admissible.
(3) In any case in which the Court has a reasonable doubt as to the authenticity of a public document or certified copy produced in accordance with sub-rule (2), it may direct the taking of any step permitted by Article 14 of the 2016 Regulation to dispel such doubt. In any such case the Court shall in its directions set out the grounds upon which they are based.
5A.(1) [3] In this rule:
“Central Authority” means the Central Authority of a Contracting State designated in accordance with Article 5 of the 1987 Convention;
the “1987 Convention” means the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities done at Brussels on the 25th May, 1987;
a “Contracting State” means a State which is a party to the 1987 Convention other than the State and includes a State which has made a declaration pursuant to Article 6(3) of the 1987 Convention;
“document” means and includes any document or documents which are public documents within the meaning of Article 1 of the 1987 Convention, but does not include a “public document” within the meaning of rule 5, to which the 2016 Regulation applies.
(2) A document which purports to be a public document within the meaning of Article 1 of the 1987 Convention shall, without proof of any formal procedure for certifying the authenticity of a signature, the capacity in which the person signing the document has acted, or where appropriate, the identity of the seal or stamp which it bears, be admissible in evidence as such if otherwise admissible.
(3) In any case in which the Court has serious doubts, with good reason, in relation to any document which is produced as to the authenticity of the signature, the capacity in which the person signing the document has acted, or the identity or seal of the stamp which it bears, it may direct that such information as it thinks relevant be requested in accordance with Article 4 of the 1987 Convention from the Central Authority of the State from which the act or document emanated. In any such case the Court shall in its directions set out the grounds upon which they are based.
(4) The provisions of rule 4 shall apply mutatis mutandis, where applicable and to the extent required in relation to the taking of judicial notice of the seal or signature as the case may be, of any diplomatic or consular representative or agent, judge, court or notary public lawfully authorised to administer oaths in any of the Contracting States.
(5) This rule shall apply to any document to which the 1987 Convention (but not the 2016 Regulation) applies and rules 5, 6 and 7 shall not apply thereto.
Proof of Foreign Diplomatic and Consular Documents (London Convention 1968)
6.(1) [4] In this rule:
the “1968 Convention” means the European Convention on the Abolition of Legalisation of Documents Executed by Diplomatic Agents or Consular Officers done at London on the 7th June, 1968;
a “Contracting State” means a State which is a party to the 1968 Convention other than the State;
“document” means and includes any document or documents to which Article 2 of the 1968 Convention applies.
(2) A document which purports to have been executed by the diplomatic agents or consular officers of a Contracting State shall, without proof of any formality used to certify the authenticity of the signature on such a document, the capacity in which the person signing such a document has acted, and where appropriate, the identity of the seal or stamp which such document bears, be admissible without such proof if otherwise admissible.
(3) The Court may, where necessary, give such directions as to the verification of the authenticity of any document as it thinks fit.
(4) This rule shall not apply to any document to which rule 5 or rule 5A applies.
Proof of Foreign Public Documents (Hague Convention 1961)
7.(1) [5] In this rule:
an “apostille” means an apostille issued in pursuance of the 1961 Convention and conforming to the model set out in the annex to the 1961 Convention;
the “1961 Convention” means the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at The Hague on the 5th October, 1961;
a “Contracting State” means a State which is a party to the 1961 Convention other than the State.
(2) A document which purports to be an apostille duly issued and executed in a Contracting State in accordance with the 1961 Convention shall without further proof be deemed to be such and shall be admissible as evidence of the facts stated therein unless the contrary is shown.
(3) This rule shall not apply to any document to which rule 5, rule 5A or rule 6 applies.
Proof of Foreign Public Documents (other cases)
8. [6] A foreign public document to which the provisions of rules 5, 5A, 6 and 7 do not apply may be admitted into evidence on the Court being satisfied as to its authenticity.
Foreign language documents
9.(1) [7] Where:
(a) a document (the “foreign language document”) is not in one of the official languages of the State and
(b) the content of the foreign language document is intended to be relied upon in proceedings in the Court and
(c) the foreign language document shall be exhibited to an affidavit filed or lodged in the Office for the purposes of the proceedings, then unless the Court otherwise permits:
(i) a translation in writing into one of the official languages of the State of the foreign language document shall be produced by a translator who is suitably qualified for the purpose, and
(ii) the translator shall exhibit the foreign language document and the original translation to an affidavit which shall verify his qualifications as a translator and confirm that the translation is accurate and the affidavit shall be filed or lodged at the same time as the foreign language document, or
(iii) the translator shall produce the foreign language document and the original translation at the hearing and shall verify on oath his qualifications as a translator and that the translation is accurate.
(2) Sub-rule (1) shall not apply to a public document referred to in Article 6(1)(b) of Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 which is accompanied, in accordance with the conditions set out in that Regulation, by a multilingual standard form, provided that the Court considers that the information included in the multilingual standard form is sufficient.
[1] Order 23 rule 4 inserted by SI 429 of 2018, effective 31 October 2018.
[2] Order 23 rule 5 substituted by SI 328 of 2019, effective 1 August 2019.
[3] Order 23 rule 5A originally inserted as rule 5 by SI 429 of 2018, effective 31 October 2018 but substituted as rule 5A by SI 328 of 2019, effective 1 August 2019.
[4] Order 23 rule 6 inserted by SI 429 of 2018, effective 31 October 2018 but substituted by SI 328 of 2019, effective 1 August 2019.
[5] Order 23 rule 7 inserted by SI 429 of 2018, effective 31 October 2018 but substituted by SI 328 of 2019, effective 1 August 2019.
[6] Order 23 rule 8 inserted by SI 429 of 2018, effective 31 October 2018 but substituted by SI 328 of 2019, effective 1 August 2019.
[7] Order 23 rule 9 inserted by SI 429 of 2018, effective 31 October 2018 but substituted by SI 328 of 2019, effective 1 August 2019.
Attendance of witnesses
1.[2] (1) Subject to sub-rule (2), any party desiring the attendance of any person to give evidence or produce any books, papers or documents to the Court, or to an officer of the Court, shall apply for, and the County Registrar shall issue, a witness summons requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein. Such summons shall be in accordance with Form 14 of the Schedule of Forms.
(2) An application for the issue of a witness summons requiring an officer of the State to attend and produce any books, papers or documents to the Court (witness summons duces tecum) may not be issued except by order of the County Registrar on an application ex parte.
2. In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Judge may direct the issue thereof, or otherwise deal with the matter as to him shall seem just.
3.[1] Service of a witness summons shall be in accordance with Order 11, unless the Judge or County Registrar shall order otherwise. If it appears that the person served was not given reasonable time to enable him to appear in pursuance of the summons, or that his reasonable expenses have not been paid or offered to him, the Judge may set aside or disregard such service.
4. Every witness summons, other than a summons duces tecum, may be directed to, and served upon, more than one person.
5. Any Officer of the Court required to attend with any record or document at any sitting or place outside the County in which he is serving as such officer, shall be entitled to require that the Solicitor or party desiring his attendance shall deposit with him a sufficient sum of money to answer his just charges and expenses in respect of such attendance, and undertake to pay any further just charges and expenses which may not be fully answered by such deposit.
6. If any person having been duly summoned to give evidence or to produce any books, papers or documents in his possession or under his control, which the party requiring his attendance desires to put in evidence, fails without lawful excuse to attend or to give evidence or to produce such books, papers or documents according to the summons, or, unless duly excused, fails to remain in attendance throughout the hearing, the Court, if satisfied that such person has been duly summoned, and that his reasonable expenses have been tendered to him, may attach him for contempt, or may impose upon him a fine for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month.
7. The Court may, on cause shown, remit the whole or any part of any fine or imprisonment which it may have imposed under the last preceding Rule, or may order that the amount of any fine so imposed, or any part thereof, be paid to either party in respect of the costs and expenses of any postponement or adjournment rendered necessary by the default of such witness as aforesaid.
[1] Order 24 rule 3 amended by SI 132 of 2009, effective 3 April 2009.
[2] Order 24 rule 1 substituted by SI 396 of 2020, effective 30 September 2020.
Admissions
1. Any party may call upon any other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is certified by the Judge to have been a saving of expense.
2. Any party may, by notice in writing, at any time not later than ten days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within seven days after service of such notice, or within such further time as may be allowed by the Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Judge certifies that the refusal to admit was reasonable, or unless the Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. Provided also that the Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just; and provided further that all such costs and expenses as in the opinion of the Judge have been caused by the omission of any party to serve such notice as aforesaid shall, whatever the result of the cause, matter, or issue may be, unless the Judge shall otherwise order, be paid by the party omitting to serve such notice.
3. Any admissions, if not made during the hearing, shall be in writing, and shall be signed by the party making the same, or by his Solicitor.
Trial
1. When a Defence has been duly entered, the plaintiff may, after the service thereof, serve notice of trial or a notice for the fixing of a date for trial, as directed by the County Registrar in accordance with Forms 15A and 15B of the Schedule of Forms annexed hereto.
2. [1] This Rule shall not apply to the Dublin Circuit. Not less than ten days’ notice of trial shall be served upon the defendant and all other necessary parties, save that the parties shall be at liberty to agree that a shorter notice period shall apply. The notice of trial shall be filed at the Office not later than seven days after it is served. Service and filing of the notice of trial shall operate to set down the action or matter (including a counterclaim if any) for hearing, to be listed before the County Registrar for allocation of a date for the hearing.
3. [2] This Rule shall apply only to the Dublin Circuit. A party desiring to give notice of trial in accordance with rule 1 or rule 4 shall lodge with the Office a notice of trial in the Form 15A of the Schedule of Forms. On receipt of such notice, duly completed, from the Office, that party shall serve a copy of the completed notice on all of the other parties. At least twenty one days’ notice of the date fixed for trial shall be given, save that the parties shall be at liberty to agree that a shorter notice period shall apply. The service of notice of trial, as duly completed in the Office, on all other parties shall operate to set down the action (including a counterclaim if any) for hearing upon the date of trial set out in the notice of trial or upon any subsequent day upon which the trial may come on in its order in the list or upon such other date as may be fixed by the Court or the County Registrar following the service of notice of trial.
4. Where the plaintiff has failed to serve notice of trial within ten days after the delivery of the Defence the defendant may do so and may file the same in accordance with these Rules.
5. If the plaintiff, in any action other than a probate action, does not within ten days after the delivery of the Defence serve notice of trial, the defendant may, in lieu of serving notice of trial in accordance with the preceding Rule, apply to the Court to dismiss the action for want of prosecution, and on the hearing of such application the judge may order the action to be dismissed accordingly, and may make such other order, and on such terms, as to him may seem just.
6. The Judge, if he considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as he shall deem just.
7. A counterclaim may be proceeded with separately, and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed.
8. In any proceeding, a witness who is not a party may be ordered by the Judge to leave the Court until his evidence is required, or after his evidence has been given, or to remain in Court after his evidence has been given until the trial is terminated or adjourned.
9. Judgment may be given for one or more plaintiffs, and against or in favour of one or more defendants.
10. The Judge may, if he think it expedient in the interests of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he shall think fit.
11. If, when a case is called in Court, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim so far as the burden of proof lies upon him.
12. If, when a case is called in Court, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him.
13. The Judge on pronouncing any judgment or making any order (or at any subsequent time on notice being given to the opposite party), may order the time or times when, and by what instalments, the debt or damages and costs of the judgment, or the amount stated in the order and the costs shall be paid, provided that if such order for instalments shall be made on pronouncing any judgment or making any order, no order for execution shall issue against the defendant until after default of payment of some instalment according to such order. The Judge may also stay execution on foot of any decree or order for such period and on such terms as he shall think just. Such decrees, dismisses, instalment orders or stays shall be in accordance with Forms 16, 17, 18 and 19 of the Schedule of Forms annexed hereto.
[1] Order 33 rule 2 substituted by SI 94 of 2009, effective 16 April 2009.
[2] Order 33 rule 3 substituted by SI 189 of 2008, effective 9 July 2008.