S.I. No. 510/2001 - Circuit Court Rules, 2001

Type Statutory Instrument
Publication 2001-11-15
Last updated 2026-09-08
State In force superseded text
Text As published
articles 38
These amending acts are not in its history: the source does not say when their effect began (10)
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(i) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(ii) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(iii) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(iii) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(iv) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(v) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(vi) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(vii) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3 (viii) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.
  • IE-2026-si-156: S.I. No. 156 of 2026, rl. 3(ix) — eISB serves S.I. No. 155/2026 at the URL of S.I. No. 156/2026.

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

132 amending acts · 2026-09-08, S.I. No. 463/2026 - Circuit Court Rules (Discovery) 2026

Reform history JSON API

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which come into operation on the 3rd day of December, 2001, replace in revised and consolidated form the Rules listed in Schedule A hereto. They prescribe the practice and procedures to be followed and the forms to be used in the Circuit Court proceedings to which they relate on and from the operative date, save for proceedings pending in the Court on that date, which proceedings shall be continued and completed as if these Rules had not been made.

TABLE OF CONTENTS

Page
INTERPRETATION OF TERMS INTERPRETATION OF TERMS INTERPRETATION OF TERMS INTERPRETATION OF TERMS INTERPRETATION OF TERMS INTERPRETATION OF TERMS ... ... ... 1
ANNULMENT OF EXISTING RULES ANNULMENT OF EXISTING RULES ANNULMENT OF EXISTING RULES ANNULMENT OF EXISTING RULES ANNULMENT OF EXISTING RULES ANNULMENT OF EXISTING RULES ... ... ... 2
Order Order Order Order Order Order Order Order Order Order Order
1 SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS SITTINGS, LANGUAGE AND OFFICE HOURS 3
2 VENUE VENUE ... ... ... ... ... ... ... 5
3 JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO JUDGES' ROBES AND MODE OF ADDRESS TO
THE JUDGES THE JUDGES THE JUDGES ... ... ... ... ... ... 7
4 COURT SEAL COURT SEAL COURT SEAL ... ... ... ... ... ... 9
5 COMMENCEMENT OF PROCEEDINGS COMMENCEMENT OF PROCEEDINGS COMMENCEMENT OF PROCEEDINGS COMMENCEMENT OF PROCEEDINGS COMMENCEMENT OF PROCEEDINGS COMMENCEMENT OF PROCEEDINGS COMMENCEMENT OF PROCEEDINGS ... ... 11
6 PARTIES PARTIES ... ... ... ... ... ... ... 15
7 THIRD PARTY PROCEDURE THIRD PARTY PROCEDURE THIRD PARTY PROCEDURE THIRD PARTY PROCEDURE THIRD PARTY PROCEDURE THIRD PARTY PROCEDURE ... ... ... 19
8 ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES
OTHER THAN THEIR OWN OTHER THAN THEIR OWN OTHER THAN THEIR OWN OTHER THAN THEIR OWN OTHER THAN THEIR OWN ... ... ... ... 21
9 JOINDER OF CLAIMS JOINDER OF CLAIMS JOINDER OF CLAIMS JOINDER OF CLAIMS ... ... ... ... ... 23
10 INDORSEMENT OF CLAIM INDORSEMENT OF CLAIM INDORSEMENT OF CLAIM INDORSEMENT OF CLAIM INDORSEMENT OF CLAIM ... ... ... ... 25
11 ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY ISSUE OF CIVIL BILL, SERVICE AND ENTRY 27
12 RENEWAL OF CIVIL BILL RENEWAL OF CIVIL BILL RENEWAL OF CIVIL BILL RENEWAL OF CIVIL BILL RENEWAL OF CIVIL BILL ... ... ... ... 31
13 SERVICE OUT OF THE JURISDICTION SERVICE OUT OF THE JURISDICTION SERVICE OUT OF THE JURISDICTION SERVICE OUT OF THE JURISDICTION SERVICE OUT OF THE JURISDICTION SERVICE OUT OF THE JURISDICTION SERVICE OUT OF THE JURISDICTION ... ... 33
14 SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN
COMMUNITIES) ACT, 1998 COMMUNITIES) ACT, 1998 COMMUNITIES) ACT, 1998 COMMUNITIES) ACT, 1998 COMMUNITIES) ACT, 1998 ... ... ... ... 37
15 APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND APPEARANCE, DEFENCE, LODGMENT, OFFER OF PAYMENT IN LIEU OF LODGMENT AND
COUNTERCLAIM COUNTERCLAIM COUNTERCLAIM ... ... ... ... ... ... 41
16 SECURITY FOR COSTS SECURITY FOR COSTS SECURITY FOR COSTS SECURITY FOR COSTS ... ... ... ... ... 47
17 PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS PARTICULARS AND FURTHER PARTICULARS
IN CLAIM OR DEFENCE IN CLAIM OR DEFENCE IN CLAIM OR DEFENCE IN CLAIM OR DEFENCE IN CLAIM OR DEFENCE ... ... ... ... 49
(vi) (vi) (vi) (vi) (vi) (vi) (vi) (vi) (vi) (vi) (vi)
18 COUNTY REGISTRAR COUNTY REGISTRAR COUNTY REGISTRAR COUNTY REGISTRAR ... ... ... ... ... 51
19 SIDE-BAR APPLICATIONS SIDE-BAR APPLICATIONS SIDE-BAR APPLICATIONS SIDE-BAR APPLICATIONS SIDE-BAR APPLICATIONS ... ... ... ... 55
20 SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY SITTINGS IN CHAMBERS AND INTERLOCUTORY
APPLICATIONS APPLICATIONS APPLICATIONS APPLICATIONS ... ... ... ... ... 57
21 DISCONTINUANCE DISCONTINUANCE DISCONTINUANCE DISCONTINUANCE ... ... ... ... ... 59
22 CHANGE OF PARTIES CHANGE OF PARTIES CHANGE OF PARTIES CHANGE OF PARTIES ... ... ... ... ... 61
23 EVIDENCE EVIDENCE ... ... ... ... ... ... ... 63
24 ATTENDANCE OF WITNESSES ATTENDANCE OF WITNESSES ATTENDANCE OF WITNESSES ATTENDANCE OF WITNESSES ATTENDANCE OF WITNESSES ATTENDANCE OF WITNESSES ... ... ... 65
25 AFFIDAVITS AFFIDAVITS AFFIDAVITS ... ... ... ... ... ... 67
26 JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY
OF GOODS AND CHATTELS OF GOODS AND CHATTELS OF GOODS AND CHATTELS OF GOODS AND CHATTELS OF GOODS AND CHATTELS OF GOODS AND CHATTELS ... ... ... 71
27 JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING JUDGMENT BY DEFAULT IN CASES NOT COMING
WITHIN THE PRECEDING ORDER WITHIN THE PRECEDING ORDER WITHIN THE PRECEDING ORDER WITHIN THE PRECEDING ORDER WITHIN THE PRECEDING ORDER WITHIN THE PRECEDING ORDER WITHIN THE PRECEDING ORDER ... ... 73
28 SUMMARY JUDGMENT SUMMARY JUDGMENT SUMMARY JUDGMENT SUMMARY JUDGMENT SUMMARY JUDGMENT ... ... ... ... 75
29 JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE JUDGMENT BY CONSENT IN THE OFFICE 77
30 REVIEW OF JUDGMENTS REVIEW OF JUDGMENTS REVIEW OF JUDGMENTS REVIEW OF JUDGMENTS REVIEW OF JUDGMENTS ... ... ... ... 79
31 ADMISSIONS ADMISSIONS ADMISSIONS ... ... ... ... ... ... 81
32 DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS DISCOVERY AND INSPECTION OF DOCUMENTS
AND INTERROGATORIES AND INTERROGATORIES AND INTERROGATORIES AND INTERROGATORIES AND INTERROGATORIES AND INTERROGATORIES ... ... ... 83
33 TRIAL TRIAL ... ... ... ... ... ... ... 85
34 ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES ORDER AS TO TRIAL OF SEPARATE ISSUES 87
35 TRANSFER OF ACTIONS TRANSFER OF ACTIONS TRANSFER OF ACTIONS TRANSFER OF ACTIONS TRANSFER OF ACTIONS ... ... ... ... 89
36 EXECUTION EXECUTION EXECUTION ... ... ... ... ... ... 91
37 ATTACHMENT AND COMMITTAL ATTACHMENT AND COMMITTAL ATTACHMENT AND COMMITTAL ATTACHMENT AND COMMITTAL ATTACHMENT AND COMMITTAL ATTACHMENT AND COMMITTAL ATTACHMENT AND COMMITTAL ... ... 95
38 ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE ATTACHMENT OF DEBTS BY GARNISHEE 97
39 RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE RECEIVER BY WAY OF EQUITABLE
EXECUTION EXECUTION EXECUTION ... ... ... ... ... ... 99
(vii) (vii) (vii) (vii) (vii) (vii) (vii) (vii) (vii) (vii) (vii)
40 INTERPLEADER INTERPLEADER INTERPLEADER ... ... ... ... ... ... 101
41 APPEALS FROM THE DISTRICT COURT APPEALS FROM THE DISTRICT COURT APPEALS FROM THE DISTRICT COURT APPEALS FROM THE DISTRICT COURT APPEALS FROM THE DISTRICT COURT APPEALS FROM THE DISTRICT COURT APPEALS FROM THE DISTRICT COURT APPEALS FROM THE DISTRICT COURT ... 105
42 APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL APPEALS TO THE COURT OF CRIMINAL
APPEAL APPEAL ... ... ... ... ... ... ... 107
43 SALES SALES ... ... ... ... ... ... ... 109
44 SECURITY SECURITY ... ... ... ... ... ... ... 111
45 ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND ADMINISTRATORS PENDENTE LITE AND
RECEIVERS RECEIVERS RECEIVERS ... ... ... ... ... ... 113
46 THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877; THE SETTLED LAND ACTS; THE TRUSTEE RELIEF ACTS; AND THE
TRUSTEE ACTS TRUSTEE ACTS TRUSTEE ACTS ... ... ... ... ... ... 115
47 PERSONS OF UNSOUND MIND PERSONS OF UNSOUND MIND PERSONS OF UNSOUND MIND PERSONS OF UNSOUND MIND PERSONS OF UNSOUND MIND PERSONS OF UNSOUND MIND ... ... ... 119
48 ACCOUNTS ACCOUNTS ... ... ... ... ... ... ... 123
49 INTOXICATING LIQUOR LICENCES INTOXICATING LIQUOR LICENCES INTOXICATING LIQUOR LICENCES INTOXICATING LIQUOR LICENCES INTOXICATING LIQUOR LICENCES INTOXICATING LIQUOR LICENCES INTOXICATING LIQUOR LICENCES ... ... 127
50 PROBATE ACTIONS PROBATE ACTIONS PROBATE ACTIONS PROBATE ACTIONS ... ... ... ... ... 129
51 LANDLORD AND TENANT LANDLORD AND TENANT LANDLORD AND TENANT LANDLORD AND TENANT LANDLORD AND TENANT ... ... ... ... 131
52 MALICIOUS INJURIES MALICIOUS INJURIES MALICIOUS INJURIES MALICIOUS INJURIES ... ... ... ... ... 135
53 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 46 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT, 1999 139
54 HOUSING ACT, 1966 HOUSING ACT, 1966 HOUSING ACT, 1966 HOUSING ACT, 1966 ... ... ... ... ... 141
55 HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS) HOUSING (MISCELLANEOUS PROVISIONS)
ACT, 1979 (NO. 27 OF 1979) ACT, 1979 (NO. 27 OF 1979) ACT, 1979 (NO. 27 OF 1979) ACT, 1979 (NO. 27 OF 1979) ACT, 1979 (NO. 27 OF 1979) ... ... ... ... 143
56 PLANNING PLANNING ... ... ... ... ... ... ... 145
57 EMPLOYMENT EMPLOYMENT EMPLOYMENT ... ... ... ... ... ... 151
58 LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974, (NO. 8 OF
1974) ... ... ... ... ... ... ... ... 157
59 FAMILY LAW FAMILY LAW FAMILY LAW ... ... ... ... ... ... 161
(viii) (viii) (viii) (viii) (viii) (viii) (viii) (viii) (viii) (viii) (viii)
60 DATA PROTECTION DATA PROTECTION DATA PROTECTION DATA PROTECTION ... ... ... ... ... 191
61 PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) PROVISION OF DOCUMENTATION PURSUANT TO SECTION 14 OF THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES)
ACT, 1998 ACT, 1998 ... ... ... ... ... ... ... 193
62 CASES STATED CASES STATED CASES STATED ... ... ... ... ... ... 195
63 TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT
COURT COURT COURT ... ... ... ... ... ... 197
64 MOTIONS MOTIONS ... ... ... ... ... ... ... 199
65 AMENDMENTS AMENDMENTS AMENDMENTS ... ... ... ... ... ... 201
66 COSTS COSTS ... ... ... ... ... ... ... 203
67 GENERAL GENERAL ... ... ... ... ... ... ... 209
68 SEX OFFENDERS ACT, 2001 SEX OFFENDERS ACT, 2001 SEX OFFENDERS ACT, 2001 SEX OFFENDERS ACT, 2001 SEX OFFENDERS ACT, 2001 ... ... ... ... 211
SCHEDULE A SCHEDULE A SCHEDULE A SCHEDULE A SCHEDULE A SCHEDULE A SCHEDULE A SCHEDULE A SCHEDULE A
RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES RULES WHICH ARE ANNULLED BY THESE RULES 213
SCHEDULE B SCHEDULE B SCHEDULE B SCHEDULE B SCHEDULE B SCHEDULE B SCHEDULE B SCHEDULE B SCHEDULE B
FORMS FORMS FORMS FORMS FORMS FORMS FORMS FORMS FORMS 215

S.I. No. 510 of 2001

CIRCUIT COURT RULES, 2001

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 26th day of October, 2001.

(Signed): Esmond Smyth
(Chairman of the Circuit Court Rules Committee)
Kieran O'Connor
Carroll Moran
Anne Dunne
Fergal Foley
Joe Deane
Gerard Doherty
Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 15th day of November, 2001.

(Signed): JOHN O'DONOGHUE,
Minister for Justice, Equality and Law Reform.

RULES

THE CIRCUIT COURT RULES, 2001

INTERPRETATION OF TERMS

1.

1.

“Action” means a civil proceeding commenced by Civil Bill or such other procedure as is provided by these Rules and includes a cause or matter. Where the context so requires, the term “Civil Bill” includes all other forms of originating document. In all cases where proceedings are commenced otherwise than by Civil Bill, these Rules shall apply to the document by which such proceedings were originated as if it were a Civil Bill.

2.

2.

“Cause” includes any suit or other original proceeding.

3.

3.

“contracting state” means contracting state as defined by Section 4 of the 1998 Act.

4.

4.

“corporation” and “association” have the meanings provided for in Section 15(4) of the 1998 Act.

5.

5.

“County Registrar” means the Registrar in any County attached to the Court under the Court Officers Act, 1926 , and any Act amending or extending the same, and includes any deputy County Registrar and any person appointed to act as such Registrar.

6.

6.

“The Court” means the Circuit Court as established by the Principal Act and any subsequent amendments thereto.

7.

7.

“Days” when not expressed to be “clear days” shall be exclusive of the first and inclusive of the last of such days. Where a limited time of less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Saturday and Sunday shall not be reckoned in the computation of such limited time. Where the time for doing any act or taking any proceedings expires on a Saturday, Sunday or other day on which the office is closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the office next is open.

8.

8.

“Decree” means the Order of the Court embodying its Judgment.

9.

9.

“domicile” is to be determined in accordance with the provisions of Section 15 of the 1998 Act and Articles 52 and 53 of the 1968 Convention.

10.

10.

“Equity Suit” and “Equity Proceeding” shall include any proceedings of the nature set forth in Section 33 of the County Officers and Courts (Ireland) Act, 1877, or any Act extending or amending the same.

11.

11.

“The Judge” means a Judge of the Circuit Court.

12.

12.

“Judgment” means, as the context permits or requires, the decision or order of the Court or of a Judge in any proceeding.

13.

13.

“The Minister” means the Minister for Justice, Equality and Law Reform.

14.

14.

“Oath” includes solemn affirmation and statutory declaration.

15.

15.

“Office” or “the Office” means the Office of the Court in any County.

16.

16.

“official address” has the meaning provided for in Part III paragraph 5 of the Ninth Schedule to the 1998 Act.

17.

17.

“Originating document” includes every document by which proceedings in the Court are instituted.

18.

18.

“Party” includes any person entitled to appear and be heard in relation to any action, application, suit or other proceeding.

19.

19.

“Person” includes a firm and a body corporate or politic.

20.

20.

“The Principal Act” means the Courts of Justice Act, 1924 (No. 10 of 1924), and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent Acts.

21.

21.

“Solicitor” includes a firm of Solicitors or any partner therein.

22.

22.

“1998 Act” means the Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

23.

23.

“1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on the 27th September, 1968, and is to be construed in accordance with Section 2 of the 1998 Act.

ANNULMENT OF EXISTING RULES

These Rules shall come into operation on the 3rd day of December, 2001.

On and from the said date the Rules listed in Schedule A hereto shall, stand annulled, save as to any proceedings pending in the Court, which proceedings shall be continued and completed as if these Rules had not been made.

The Interpretation Act, 1937 , shall apply to these Rules.

ORDER 1

SITTINGS, LANGUAGE AND OFFICE HOURS

1.

Sittings of the Court shall be held at the places within each Circuit as may be from time to time prescribed, and at such times as the Judge of such Circuit shall from time to time direct and appoint. Notice of such sittings in every County, save Dublin, shall be published in Iris Oifigiuil and in a newspaper circulating in the County, not later than two months before the date thereof; provided that the Judge, or, in his absence, the County Registrar by his direction, may, whenever it is found impracticable to hold a sitting of the Court as published, notwithstanding anything contained in any public notice previously given, adjourn such sitting to such further date (at the same place) as he may think fit, on giving such notice as may in the circumstances be practicable; provided that in the event of the Judge at any scheduled place being of opinion that any cause, action or matter cannot, owing to the time allotted for the sittings, or for any other sufficient reason, be conveniently heard or disposed of at that sittings, it shall be lawful for such Judge, either with or without any application for that purpose, to adjourn the hearing of such action, cause or matter to some date to be fixed by him. This Rule is subject to the exercise by the President of the Circuit Court of the powers conferred upon him by Part III of the Courts of Justice Act, 1947 .

2.

This Rule applies to the Dublin Circuit only subject to the provisions of Rule 1 hereof. The President of the Circuit Court if assigned to the Dublin Circuit or the Senior Judge of the Dublin Circuit if the President is not assigned to that Circuit shall direct and appoint the times and places for the Sittings of the Circuit Court in the Dublin Circuit. Notice of such Sittings shall be published in Iris Oifigiuil not later than two months before the date thereof. The said notice shall set out the day of commencement and the day of termination of each Sitting. Provided that the President of the Circuit Court if assigned to the Dublin Circuit or the Senior Judge of the Dublin Circuit if the President of the Circuit Court is not assigned to the Dublin Circuit may with the consent of all the Judges permanently assigned to the Dublin Circuit extend any Sittings of the Circuit Court in the Dublin Circuit beyond the date of termination of that Sittings. It will not be necessary to publish any notice of such extension.

3.

Save as is provided in this Order, no sittings of the Court shall be held during the months of August and September, which shall be observed as Vacation other than to continue a hearing commenced before the first of August.

4.

During the months of August and September a Judge or Judges of the Circuit Court shall sit in Dublin, on such dates as may be announced, to hear all such applications and cases for the Dublin Circuit as may require to be promptly heard. Further, the President of the Circuit Court may, in accordance with the powers conferred on him by Section 10 of the Courts of Justice Act. 1947, fix sittings to be held in any Circuit during the month of August or September where such additional sittings are, in the view of the President of the Circuit Court, necessary or desirable.

5.

Applications of an urgent nature whether during a vacation or otherwise may be made to the President of the Circuit Court or a Judge nominated by him. Notice of intention to make any such application shall be given to the County Registrar who shall submit the matter to the President or a Judge nominated by him which said application shall be made at any time or place approved by the President of the Circuit Court or a Judge nominated by him.

6.

Either the National language or the English language may be used in any Court document, or at the hearing of any cause or matter.

7.

The Offices of the Court shall be open to the public for the transaction of business on every week-day between the hours of 10 a.m. and 4.30 p.m., with the exception of Saturday and of such days as may be proclaimed by lawful authority to be public holidays.

ORDER 2

VENUE

Save when the High Court, or the Court, otherwise orders, all actions, causes or matters, whether transferred from the High Court, or originated in the Court, shall be tried and heard:—

  • (a) those relating to title to land and rectification of the Register, in the County in which the lands are situate, or where are situate the lands out of which, or in respect of which, any incorporeal hereditaments in dispute issue or arise, or where the larger portion of any such lands may be situate;
  • (b) those of the nature heretofore assigned to the equity side of the County Court, in the County where suits and matters of that kind have been heretofore heard by that Court;
  • (c) under the probate jurisdiction and for the administration of estates of deceased persons, in the County where the testator or intestate at the time of his death ordinarily resided;
  • (d) under the lunacy jurisdiction, in the County where the person of, or alleged to be of, unsound mind ordinarily resides;
  • (e) at the election of the plaintiff, in any action founded on contract (whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or in the County within which the contract was made;
  • (f) at the election of the plaintiff, in any action founded on tort, in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation, or in the County wherein the tort is alleged to have been committed;
  • (g) in all other cases (subject to the provisions of these Rules relating to matrimonial cases and cases concerning children and cases concerning domestic violence), in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation.
  • (h) Subject to Title II of the 1968 Convention, the jurisdiction of the Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation;
  • (i) The jurisdiction of the Circuit Court relating to proceedings that may be instituted in the State by virtue of Article 8.2 or Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation;
  • (j) Where jurisdiction depends on the domicile of a corporation or association, that jurisdiction shall be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the corporation or association has its registered office or other official address or where the central management and control of the corporation is exercised or where the corporation or association carries on business.

ORDER 3

JUDGES' ROBES AND MODE OF ADDRESS TO THE JUDGES

1.

The Judges shall during the sittings of the Court wear: a black coat and vest of uniform nature and material, of the kind heretofore worn by Senior Counsel; a black gown of uniform make; white bands as heretofore worn; and a wig of the kind known as the small or bobbed wig, save as otherwise provided.

2.

A Judge shall be addressed in Court by his title, and may be referred to in Irish as “An Chúirt” or in English as “The Court”.

ORDER 4

COURT SEAL

1.

The Court shall have for use in each County an embossing Seal or, in circumstances in which the Office has multiple locations, embossing Seals with an appropriate inscription, as directed by the Minister, specifying the name of the Circuit in connection with which it is to be used. Such Seal shall be placed and retained in the custody of the County Registrar. It shall not be necessary that any Decree, Order, Warrant or other document shall be signed by the Judge, but all such documents shall be authenticated by the Seal of the Court impressed thereon and the signature of the County Registrar.

2.

Where by reason of the re-arrangement of Circuits an embossing Seal is not available for a particular Circuit Court area then until such time as an embossing Seal becomes available, all documents required by Rule 1 of this Order to be authenticated by the Seal of the Court shall be authenticated by the signatures of both the Circuit Court Judge and the County Registrar for the said area.

ORDER 5

COMMENCEMENT OF PROCEEDINGS

1.

Civil proceedings in the Court shall, unless otherwise provided by Statute or by these Rules, be instituted by the issue of a Civil Bill, which shall be in the appropriate form in accordance with the Schedule of Forms to these Rules (being Forms 2A to 20), or such modification thereof as may be suitable and shall state such facts as may be necessary to show the jurisdiction of the Court.

2.

Civil Bill Ejectments on the title and Civil Bills issued for the purpose of establishing questions of title to land, other than ejectments for overholding or for non-payment of rent, shall be headed “Title Jurisdiction” and shall contain such statement of the Poor Law Valuation or rent (as the case may be) as shall show jurisdiction. At the hearing of any such case the plaintiff may be required to produce a map of the lands.

3.

Subject to Order 8, the Civil Bill shall state:—

  • (a) the given or first name, surname, occupation and residence or place of business of the plaintiff.
  • (b) the surname of the defendant, his residence or place of business, and, where known, his given or first name and his occupation, and, if the defendant is sued in a representative capacity, the capacity in which he is sued.
4.

The Civil Bill shall call upon a defendant to enter an appearance within a stated time after service (which shall not be less than ten days or other time limited for appearance by agreement of the parties or any order of the Court) to answer the claim of the plaintiff, and shall warn him of the consequences of failure to do so provided that the expiry of such time shall not entitle the Office to refuse to permit an appearance to be entered.

5.

Every Civil Bill shall be signed by the plaintiff, or by his Solicitor, and shall be endorsed with particulars of the plaintiff's demand:—

  • (a) stating the nature, extent and grounds thereof, full particulars of all items of special damage being claimed and the relief sought and, where it is a money claim, the amount thereof and the rate and amount of interest (if any) claimed. If, in the first instance, the plaintiff desires an account to be taken, that fact shall be stated, together with the specific amount (if any) which the plaintiff claims to be subject to that account;
  • (b) where there is more than one claim, stating like particulars of each claim to those in paragraph (a), and the relief sought in respect of each;

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