If at any stage of the hearing of an action, it appears to the Court that there has been non-compliance with any of the above obligations, the Court may having heard any such evidence as may be adduced by the parties in relation to non-compliance, may make such order as it deems fit.\u00a0 This includes an order prohibiting the offering of evidence in relation to the matter which non-compliance relates. \u00a0It may adjourn the action to permit compliance on such terms as it sees fit, including in relation to costs as appears just in the circumstances.<\/p>\n
Where a case has been transferred from the Circuit Court to the High Court, the parties are to comply with the provisions by exchange of a scheduled of report within one month of the order adopting the proceedings.<\/p>\n
In any case, application may be made to the Court by motion on notice for an order that in the interests of justice, require that the provisions of the above rule shall not apply in respect of a particular statement or report or part of it which is in that party\u2019s possession, which he maintains should not be disclosed and served as required.\u00a0 The Court may make such order\u00a0as it seems just.<\/p>\n
In any case, where there has been non-compliance by any party with any requirement of the section or rules, such party, in the absence of the consent of the other may apply by notice on motion for an order seeking the leave of the Court permitting the offering of evidence as has not been disclosed. The Court may make such order on such application as appears just in the circumstances.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
High Court & Circuit Court Rules The rules may require any party to a High Court or Circuit Court personal injuries action, to disclose to the other party or parties, without the necessity of any application to court by either party to allow such disclosure, by such time or date as may be specified in […]<\/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":[318],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4067"}],"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=4067"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4067\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4067"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4067"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}