Trial Arrangements
Place of Trial
All proceedings in the High Court are to be tried at the Four Courts, Dublin, unless otherwise provided by the Rules. Subject to this an application by any party for a direction that the trial of any proceedings other than those mentioned below, should take place at a particular venue may be made to a Judge promptly after the close of pleadings and in any event not later than three months prior to the date fixed for trial by motion. It is made on notice to the other party or if the other party or parties consent, on a unilateral application.
In the case of claims for damages for personal injury caused by negligence, nuisance, breach of duty and fatal injuries, notice of trial shall be served for the city mentioned below in any case where the claimant resides or the wrong is alleged to have been committed happened in the relevant County. The trial shall, save where a direction has been given thereunder, take place in the city or town concerned.
Dundalk: Louth, Meath, Longford, Cavan, Monaghan.
Kilkenny: Kilkenny, Waterford, Tipperary, Offaly, Laois, Wexford.
Waterford: Waterford, Tipperary, Laois, Carlow, Kilkenny, Wexford.
Cork: Cork and Kerry.
Limerick: Limerick, Tipperary, Kerry, Clare.
Galway: Galway, Mayo, Roscommon, Longford, Westmeath, Offaly, Clare.
Sligo: Sligo, Donegal, Leitrim, Cavan, Longford, Westmeath, Roscommon, Mayo.
Where he considers it necessary for the effective disposal of business so requires, the President of the High Court may direct that trials generally, or of any particular category of proceedings, which would otherwise take place at a city or town above, shall take place at another city or town specified in that direction.
Transfer
A party to proceedings referred to above may apply for a direction that such proceedings be tried at a town other than that for which proceedings would have been set down for trial above.
A party to any such proceedings may apply for a direction that such proceedings be tried in a city or town other than those for which the proceedings may be set down for trial, with the consent of the other party and save where the venue for trial is Dublin,by letter sent after the close of the pleadings to the officer managing the Central Office, enclosing a letter of consent.
Where the venue sought is Dublin, or where the other party does not consent, on application may be made promptly after the closing of the pleadings and in any event not later than three months prior to the date fixed for trial to a Judge designated by the President of the High Court for that purpose, on notice to the other parties.
A notice of trial shall state whether it is for the trial of the cause or matters or issues therein, and shall be in one of the prescribed forms.
Unless otherwise provided by law, proceedings in the High Court shall be tried in Dublin, save where having regard to the available facilities for the trial of proceedings and the desirability of providing a trial date as soon as possible, once proceedings are ready, the President of the High Court whether in respect of individual proceedings or categories of proceedings, otherwise directs.
Proceedings at Trial I
In an action for the recovery of land, if the claimant appears and the defendant does not appear, the claimant shall be entitled to a verdict, without proof of title. In the case of an action for recovery of land, grounded on title, the claimant shall be entitled to prove the amount of damages sustained by reason of the loss of mesne rates and profits. In case of an action for the recovery of land for non-payment of rent, the claimant shall be entitled to prove the amount of rent actually due and have a verdict for the same.
If, when a trial is called, the claimant appears, and the defendant does not appear, the claimant may prove his claim in so far as the burden of proof lies on him. Where in a trial is called on and the defendant appears, and the claimant does not appear, the defendant, if he has no counter-claim, shall be entitled to judgement dismissing the action. If he has a counter-claim, he may prove his counter-claim, in so far as the burden lies on him.
Any judgement obtained where one party does not appear at the trial may be set aside by the Court upon such terms as may seem fit, upon an application made within six days after the trial.
Proceedings at Trial II
The Judge may, if he thinks it expedient for the interests of justice, postpone or adjourn a trial for such time and on such terms, as he shall think fit.
On a trial with a jury, the party who begins, or his counsel, shall be entitled at the close of his case, if his opponent does not announce any intention to adduce evidence, to address the jury a second time for the purpose of summing up evidence. The opposite party, or his counsel, shall be allowed to open the case, and also to sum up evidence, if any, and the right to reply shall be the same as under previous practice.
The Judge may disallow questions put in cross-examination of any party or other witness which may appear to him vexatious and not relevant to the matter proper to be inquired into in the cause or matter.
The Judge may, at or after a trial, direct that the judgement be entered for any or either party, or adjourn the case for further consideration before him. No judgement shall be entered after a trial without an order of the Judge.
On every trial, the Registrar or other proper officer shall record all findings of fact as the Judge may direct and the directions, if any, of the Judge as to judgement, and the certificates, if any, granted by the Judge, in a book to be kept for such purpose. If the Judge shall direct that any judgement be entered for any party, the Registrar or other proper officer shall enter judgement accordingly.
Reference to Assessors or Master
Trials with assessors shall take place in such manner and upon such terms as the Court shall direct.
The arrangement and control of proceeding under a reference to the Master as to damages shall be subject to the control and direction of the Master.
The evidence in all cases shall be taken down at the time by the Master, and preserved by him. The result of the inquiry before the Master shall be stated in a certificate signed by him. Such certificate, when settled, shall be engrossed, and when signed shall be filed. It shall thereupon stand confirmed within four days after filing thereof unless the motion to set it aside is a motion granted. Where a Master’s certificate shall stand confirmed or be confirmed on motion, the final judgement may be entered accordingly.
Where in every action and proceeding in which it appear to the Court that the amount of damages sought is substantially a matter of calculation, the Court may direct that the amount for which final judgement is entered shall be ascertained by the Master or other proper officer of the Court, and the attendance of witnesses and the production of documents before the Master or other proper officer may be compelled by subpoena.
The Master or other officer may adjourn the inquiry from time to time, and shall certify the amount found by him. When damages are to be assessed in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.
Trials with Assessors
The Court may, on the application of a party or of its own motion and having heard the parties, appoint a person to assist the court in understanding or clarifying a matter, or evidence in relation to a matter, in respect of which that person (in this rule referred to as an “assessor”) has skill and experience. Trials with assessors appointed shall take place in such manner and upon such terms as the Court shall direct.
The Court may appoint an assessor nominated by the parties or nominated by the Court (having heard the parties), and on such terms as to the payment of the fees of the assessor and otherwise as the Court may direct.
The fees to be paid to an assessor shall be determined by the Court, having heard the parties, in such amount or by such measure as the Court considers reasonable, and shall form part of the costs of the proceedings. The Court may order any party:
- to pay to the assessor, or
- to deposit with the Accountant on account of fees to become payable to the assessor,
a specified sum in respect of or on account of an assessor’s fees and, where the Court so orders, the assessor shall not be required to act until the said sum has been paid or, as the case may be, deposited.
An assessor a shall take such part in the proceedings as the Court may direct and in particular the Court may direct an assessor to—
- prepare a report for the Court on any matter at issue in the proceedings; and
- attend the whole or any part of the trial to advise the Court on any such matter and be available thereafter to assist the Court as aforesaid.
Where an assessor prepares a report for the Court before the trial has begun—
- the Court shall cause a copy of the report to be sent to each of the parties; and
- any party may use that report at the trial.
Where an assessor provides advice or other information to the Court, the Court shall inform the parties of such advice or information and afford each of them an opportunity to make submissions in respect of it.