{"id":21403,"date":"2018-09-01T18:47:49","date_gmt":"2018-09-01T18:47:49","guid":{"rendered":"https:\/\/legalblog.ie\/trial-i\/"},"modified":"2024-05-06T17:23:56","modified_gmt":"2024-05-06T17:23:56","slug":"trial-i","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/trial-i\/","title":{"rendered":"Trial Arrangements"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/trial-i\/#Place_of_Trial\" title=\"Place of Trial\">Place of Trial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/trial-i\/#Transfer\" title=\"Transfer\">Transfer<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/trial-i\/#Proceedings_at_Trial_I\" title=\"Proceedings at Trial I\">Proceedings at Trial I<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/trial-i\/#Proceedings_at_Trial_II\" title=\"Proceedings at Trial II\">Proceedings at Trial II<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/trial-i\/#Reference_to_Assessors_or_Master\" title=\"Reference to Assessors or Master\">Reference to Assessors or Master<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Place_of_Trial\"><\/span>Place of Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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\u00a0close 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.<\/p>\n<p>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.\u00a0 The trial shall, save where a direction has been given thereunder, take place in the city or town concerned.<\/p>\n<p>Dundalk: Louth, Meath, Longford, Cavan, Monaghan.<\/p>\n<p>Kilkenny: Kilkenny, Waterford, Tipperary, Offaly, Laois, Wexford.<\/p>\n<p>Waterford: Waterford, Tipperary, Laois, Carlow, Kilkenny, Wexford.<\/p>\n<p>Cork: Cork and Kerry.<\/p>\n<p>Limerick: Limerick, Tipperary, Kerry, Clare.<\/p>\n<p>Galway: Galway, Mayo, Roscommon, Longford, Westmeath, Offaly, Clare.<\/p>\n<p>Sligo:\u00a0\u00a0 Sligo, Donegal, Leitrim, Cavan, Longford, Westmeath, Roscommon, Mayo.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Transfer\"><\/span>Transfer<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Where the venue sought is Dublin, or where the other party does not consent, on\u00a0 application may be made promptly after the\u00a0 closing of the\u00a0 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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>&nbsp;<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Proceedings_at_Trial_I\"><\/span>Proceedings at Trial I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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.\u00a0 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.<\/p>\n<p>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.\u00a0\u00a0 If he has a counter-claim, he may prove his counter-claim, in \u00a0so far as the burden lies on him.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Proceedings_at_Trial_II\"><\/span>Proceedings at Trial II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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. \u00a0The 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.<\/p>\n<p>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.<\/p>\n<p>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. \u00a0No judgement shall be entered after a trial without an order of the Judge.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reference_to_Assessors_or_Master\"><\/span>Reference to Assessors or Master<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Trials with assessors shall take place in such manner and upon such terms as the Court shall direct.<\/p>\n<p>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.<\/p>\n<p>The evidence in all cases shall be taken down at the time by the Master, and preserved by him.\u00a0 The result of the inquiry before the Master shall be stated in a certificate signed by him.\u00a0 Such certificate, when settled, shall be engrossed, and when signed shall be filed.\u00a0 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&#8217;s certificate shall stand confirmed or be confirmed on motion, the final judgement may be entered accordingly.<\/p>\n<p>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.<\/p>\n<p>The Master or other officer may adjourn the inquiry from time to time, and shall certify the amount found by him.\u00a0 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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-21403\" data-postid=\"21403\" class=\"themify_builder_content themify_builder_content-21403 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[324],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21403"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21403"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21403\/revisions"}],"predecessor-version":[{"id":36202,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21403\/revisions\/36202"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21403"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21403"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21403"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}