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

Whenever the plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be in accordance with a Schedule of fees to be determined by the County Registrar for the County of the City of Dublin from time to time.

Where, by any Statute not mentioned in these Rules, proceedings are authorised or directed to be taken in the Court, such proceedings shall be commenced by Civil Bill.

The Consent prescribed by Section 48(1) of the Principal Act, as amended, which provides for the enlargement of the jurisdiction of the Court by consent of the parties shall be in the form set forth in Form 1 of the Schedule of Forms hereto, and shall be lodged with the County Registrar either before or at any time during the hearing.

Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action, cause or matter with costs, unless the Consent prescribed by Section 48 of the Principal Act has been signed. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction relates to venue and appears on the face of the originating document, the Court may transfer the action, cause or matter to the appropriate circuit or may strike out the action, cause or matter with costs as it considers appropriate.

Where proceedings are commenced in the Circuit Court on the basis of jurisdiction derived from the 1968 Convention the Civil Bill shall before issue be indorsed:

All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise; provided that if, upon a motion on notice by any defendant, it shall appear that such joinder may embarrass or delay the trial, the Judge may order separate trials, or make such other order as may be right, and provided also that no person shall be made a plaintiff without his consent.

All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. When the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties. It shall not be necessary that every defendant shall be interested as to all the relief sought, or as to every cause of action included in any proceedings against him; but the Judge may make such order as may appear just, to prevent any defendant from being embarrassed, or put to expense, by being required to attend any proceedings in which he has no interest.

The plaintiff may, at his option, join as defendants to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.

No action, cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Judge may in every action, cause or matter deal with the subject in controversy so far as regards the rights and interests of the parties actually before him. The Judge may, at any stage of the proceedings, either upon or without the application of any party, and on such terms as may appear to him to be just, order that the name of any party, whether plaintiff or defendant, who has been improperly joined, be struck out, and that the name of any person who ought to have been joined as a party, or whose presence before the Court may be necessary in order to enable the Judge to adjudicate upon and settle all the questions involved in the cause or matter, be added as a plaintiff or a defendant. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his consent in writing thereto. Every person whose name is so added as defendant shall be served with a Civil Bill in such manner as may be prescribed by any Order of the Court, and the action, cause or matter, as against such party, shall be deemed to have begun only on the service of such Civil Bill.

An infant may sue by his next friend, and in such case there shall be lodged with the Civil Bill a written authority authorising the commencement and prosecution of the suit on behalf of the infant and the use of the name of such person as next friend, signed by such person.

An infant may defend by his guardian ad litem appointed for that purpose in accordance with Order 19 of these Rules.

When proceedings have been brought on behalf of or against an infant, the Court may appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any next friend or guardian ad litem, and appoint another in his place, and may also direct that any money or other personal property to which such infant may be declared entitled in such proceedings be secured or invested for the benefit of such infant in such manner as the Judge shall consider advisable.

A person of unsound mind whether or not so found by inquisition may sue by his committee or next friend, and may defend by the committee or by the guardian ad litem appointed for that purpose in accordance with Order 19 of these Rules, or by the Court.

Trustees, executors and administrators may sue and be sued on behalf of, or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Judge may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors, and administrators sued in proceedings to enforce a security by sale or otherwise.

Save in actions founded on tort, when there are numerous persons having the same interest in one action or matter, one or more of such persons may sue or be sued, or may be authorised by the Judge to defend, in such action or matter, on behalf of or for the benefit of all persons so interested.

Where proceedings are taken for the recovery of land, any tenant, under-tenant, or other person in actual possession of the property sought to be recovered, or any part thereof, may be named as defendant and the Civil Bill shall be directed to such tenant, under-tenant, or other person, with the addition of the words “and all persons concerned”.

Where proceedings are taken as mentioned in the last preceding rule, any person not named in or served with the Civil Bill may by leave of the Judge appear and defend at the hearing, and the Judge may there after deal with such person, both as to costs and otherwise, as if he had originally been served with the Civil Bill as defendant.

When any person residing outside the Circuit, but inside the State, is a necessary and proper party to a proceeding properly instituted in the Court against some person within the Circuit, such first mentioned person may be served with the Civil Bill or other document without special leave.

Subject to the requirements of Rule 9 of Section 66 of the Chancery (Ireland) Act, 1867, wherever, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced affecting the rights or interests of persons not parties to the action, the Court may direct that any persons interested in the estate, or under the trusts, or in the hereditaments, shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings, in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may within one month after such service apply to the Court to discharge, vary or add to the said judgment or order.

Where in any action a defendant claims as against any person not already a party to the action (in this Order called “the third party”)

The application for such leave shall be made by motion on notice to the plaintiff in accordance with Form 6C as set out in the Schedule of Forms attached hereto. Unless the plaintiff wishes to add the third party as a defendant, his attendance at the hearing of the motion shall not be necessary. If the plaintiff does attend he shall not be entitled to costs in respect of the motion except by special direction of the Court.

Application for leave to issue the third party notice shall, unless otherwise ordered by the Court, be made after the service of an Appearance and at any time prior to the trial of the action.

The third party notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and all information required to be set out in the indorsement of a Civil Bill as provided for in these rules and any directions of the Court given under Rule 1 hereof. The third party notice shall be issued and served in the same manner as in the case of a Civil Bill and shall be served within twenty-one days of the making of the Order unless otherwise directed by the Court. A copy of the Civil Bill and defence together with a copy of the Order joining the third party shall be served with the third party notice which said third party notice shall also be served upon the Plaintiff(s). Where the third party is joined as a defendant, an amended Civil Bill together with a copy of the Order joining the third party as a defendant shall be served upon all defendants by the plaintiff within twenty-one days of the making of the Order unless otherwise directed by the Court. Any amended defence of an original defendant to the proceedings shall be served upon the plaintiff within ten days from the date of service of the amended Civil Bill.

The third party shall, as from the time of service upon him of the third party notice, be a party to the action with the same rights in respect of defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant and shall be entitled to be served with all pleadings in the proceedings by the party filing and/or delivering same.

The third party notice shall call upon a third party 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 defendant, 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.

Where a third party enters an appearance, he shall deliver his defence within ten days from the date thereof or within such further period as may be allowed by the Court or consented to by the defendant(s) in the proceedings.

After the third party enters an appearance, and before the expiration of the time limited for the delivery of defence, he may, after serving notice of the intended application upon the plaintiff and all defendants, apply to the Court to vary any directions given by the Court under Rule 1 of this Order.

The Court may decide all questions of costs as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others or give such directions as to costs as the justice of the case may require.

Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action and in the names of such persons; and any party to an action may in such cases apply by notice of motion to the Court for a statement of the names, descriptions and places of residence of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct.

When a Civil Bill is issued by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names, descriptions and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitors shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Judge may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the Civil Bill, but all proceedings shall, nevertheless, continue in the name of the firm.

Where persons are sued as partners in the name of their firm under Rule 1 of this Order, the Civil Bill shall be served either upon any one or more of the partners personally or at the principal place, within the jurisdiction, of the business of the partnership, upon any person having at the time of service the control or management of the partnership business there; and, subject to these rules, such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a Civil Bill against them shall be necessary; provided that in the case of a partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the Civil Bill shall be served on every person within the jurisdiction sought to be made liable.

Where persons are sued as partners in the name of their firm, they shall appear individually in their own names; but all subsequent proceedings shall, nevertheless, continue in the name of the firm.

Debts owing by a firm carrying on business within the jurisdiction may be attached under Order 38, although one or more members of such firm may be resident abroad, provided that any person having the control or management of the partnership business, or any member of the firm within the jurisdiction, is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.

The above Rules shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction, but no execution shall be issued in such actions without leave of the Judge after motion on notice to the party so to be affected, and on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just.

Any person carrying on business within the jurisdiction in a name or style other than his own name which is not registered pursuant to the Registration of Business Names Act, 1963 , may be sued in such name or style; and the plaintiff in such cases may apply by Notice of Motion to the Court for an Order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified upon oath or otherwise as the Court may direct.

In all cases to which Rule 7 of this Order applies service of a Civil Bill or any other document may be effected by service in the manner provided by these Rules on the person carrying on business or on such person who at the time of the service appears to have control or to be managing the said business, at the place where the said business is carried on. Such service shall be deemed to be good service upon the person sued whether or not that person is out of the jurisdiction and no leave to issue the Civil Bill or other document shall be necessary.

In so far as the nature of the case will permit, all rules relating to the proceedings against firms shall apply to all cases to which Rule 7 of this Order applies.

Save as in the next succeeding Rule provided, two or more claims may be made in one originating document, either alternatively or otherwise, so long as the claims are not mutually inconsistent or based upon inconsistent allegations of fact, but, if it appears to the Judge that claims joined in any action or matter cannot be conveniently tried together, he may order separate trials or may exclude any claim, and may order the record to be amended accordingly, and may make such order as to costs as may be just.

No claim may be joined with one for the recovery of land except in respect of mesne profits or arrears of rent, or double rent in connection therewith, or any part thereof, and damages for breach of any contract under which the land, or any part thereof, is held, or for any wrong or injury to the said land or any part thereof. An action for redemption, and a motion for delivery by a defendant of possession of mortgaged property therein, shall not be deemed a claim for the recovery of land within the meaning of this Rule.

In proceedings on bills of exchange, promissory notes or other securities for money, the Civil Bill shall set forth the dates of the same respectively, the sums for which the same were respectively given, and the sums claimed to be due thereon for principal and interest, and the rate of such interest, the parties to the same respectively, and the dates when the same respectively became due and payable.

In all proceedings for rent and for use and occupation of land, the Civil Bill shall state the amount claimed for rent or use and occupation and the period up to which the same is alleged to be due, the name of and the place in the town or townland and the county in which the land or tenements or part thereof are situate, and, when brought upon a lease or other instrument, the date thereof and the parties thereto.

In all proceedings founded upon any written document not included in the last two preceding Rules, the Civil Bill shall state the date of the document and the parties thereto and, if for the payment of money, the amount claimed, or, if for the breach of any contract, the alleged breach or breaches of such contract.

If a plaintiff, where the amount alleged to be due to him exceeds the jurisdiction of the Court, shall be satisfied to recover such sum as is within the jurisdiction, he shall state upon the face of the Civil Bill that he abandons all claim to any larger amount, and thereupon the Court may deal with the claim, and the decree (if any) made shall be in full satisfaction of the whole of the original demand.

Save as otherwise provided in these Rules, every Civil Bill shall be signed and presented in duplicate to be issued out of the Office of the Court in a County having jurisdiction pursuant to these Rules (hereinafter referred to as “the Office”). The Civil Bill which is stamped, sealed and issued in the manner herein after set out shall be the original Civil Bill. The duplicate thereof shall be filed in the Office.

The Civil Bill shall, before issue thereof for service, be stamped in the appropriate amount, if any, as prescribed by law and, where stamping is required by law, if not so stamped, the Civil Bill and the duplicate Civil Bill shall have no effect or force.

The Civil Bill shall be presented to the Office, sealed, marked with the record number by the proper officer and shall thereupon be deemed to be issued, subject to the provisions of section 7 (6)(a)(ii) of the Courts Act, 1964 , and shall thereafter be entered in the cause book in date and numerical order of issue. At the time of issuing, the proper officer shall mark upon the duplicate Civil Bill the date of issue, full details in relation to stamping and the record number assigned to the Civil Bill. No Civil Bill shall be served until the same shall have been so dated, sealed, stamped and marked. In presenting such Civil Bill together with the duplicate thereof to the Office for issuing, such presentation may be by post or in person. In circumstances in which the Civil Bill has been presented by post, the proper officer shall return the Civil Bill to the Plaintiff or the Plaintiff's solicitor, as appropriate, by ordinary pre-paid post.

No Civil Bill for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court or of the County Registrar, save in accordance with the provisions of Orders 13 and 14 of these Rules.

Save as provided by Rules 10, 11 and 19 of this Order, a copy of the Civil Bill shall be served by one of the officers duly appointed as Summons Servers by the County Registrar. A Summons Server or other authorised person shall not accept for service any document purporting to be a copy of the Civil Bill unless the original of such Civil Bill duly dated, sealed, stamped, indorsed, marked and issued as prescribed by Rules 1, 2 and 3 hereof be at the same time handed to him to be shown at the time of service to the defendant or other person to be served. The fee payable to such Summons Server or other authorised person shall be such sum as determined by the County Registrar from time to time, but, when the Civil Bill is served upon two or more defendants residing in the same household, only one service fee shall be payable. Wherever and for so long as no Summons Server in each case stands assigned to any area by the County Registrar of the County in which such area is situate, then service may be effected in the manner prescribed by Section 7 of the Courts Act, 1964 .

Save where otherwise directed or permitted service of a Civil Bill shall be effected upon the defendant personally wherever he is to be found within the jurisdiction or at the defendant's residence within the jurisdiction personally upon the husband or wife of the defendant or upon some relative or employee of the defendant over the age of sixteen years and apparently resident there. At the time of service the original Civil Bill duly sealed and issued shall be shown to the person served.

Every Summons Server, or other person duly authorised to effect service, shall compare the copies of the Civil Bills or other documents delivered to him for service with their respective originals and, prior to the service of such copies shall indorse his name upon the same; and after he has effected service, such person serving a Civil Bill shall, within three days at most after service, indorse his name upon each original, stating also the day of the week and, date upon which, and in the manner in which, and place, where such service was made, and the person, whether husband or wife or relative or employee, upon, whom the same was served.

Service in accordance with these Rules shall be authenticated by affidavit or statutory declaration by the person serving same and such affidavit or statutory declaration of service of such civil bill shall mention the date on which the indorsements referred to in Rule 7 hereof were made and shall be sworn or declared within a reasonable time of such service having taken place. Such affidavit or statutory declaration may be indorsed on the original document.

Where personal service is prescribed and is alleged to have been effected, but the person who has made such service does not know of his own knowledge that the person served is the person named for personal service, he may make the affidavit or statutory declaration referred to in the preceding Rule, stating therein that same is true to the best of his knowledge and belief, but, in any such case, the Judge may on his own initiative or on the application of any person who is alleged to be affected by the said service require such further evidence thereof as he may think right.

A Solicitor may undertake in writing to accept service of a Civil Bill and in such case service on such Solicitor shall be sufficient, provided that he shall at the time of service indorse on the original Civil Bill his acceptance of service thereof and his undertaking to enter an appearance thereto.

If it be made to appear to the Judge or the County Registrar that the plaintiff is from any cause unable to effect prompt personal service, or such other service as is prescribed by these Rules, the Judge or the County Registrar may make such order for substituted service, or for the substitution for service of notice by advertisement, or otherwise as may be just, and (save where service is allowed by advertisement), whenever any such order shall be made, a copy thereof shall be served with the Civil Bill or other document, or such notice, and every such order shall state the time within which the defendant may enter an appearance or comply with the requirements of such order.

Every application to the Court or the County Registrar for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made.

In any case, the Judge or the County Registrar may declare the service actually effected sufficient.

When an infant is a defendant to an action, service on his father or guardian, or, if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Judge or the County Registrar otherwise orders, be deemed good service on the infant; provided that the Judge may order that service made or to be made on the infant shall be deemed good service.

When a person of unsound mind whether or not so found by inquisition is a defendant to an action, service on the Committee of the Lunatic, or upon the person with whom the person of unsound mind resides, or under whose care he is, shall, unless the Judge or the County Registrar orders otherwise, be deemed good service on the defendant.

A Summons Server, or other person duly authorised to effect service, shall, within four days after service, return the original document properly indorsed as prescribed by these Rules to the Solicitor or other person from whom the same was received.

In special circumstances and for good cause shown the Judge or the County Registar may permit service of any Civil Bill to be effected by a person other than a Summons Server.

In all cases where proceedings are commenced otherwise than by Civil Bill, the preceding Rules of this Order shall apply to the document by which such proceedings were originated as if it were a Civil Bill.

Any document, as to which no mode of service is prescribed by these Rules, may be served by delivering the same to the party or person on whom it is to be served personally, or by delivering the same at the residence or place of business of such person, or by sending the same by pre-paid post, addressed to such party or person at his last known residence or place of business.

Where a party or person acts by a Solicitor, any document required to be delivered to or served upon such party may be delivered to or served upon such Solicitor, except in cases where by these Rules personal service upon a party is required; and service of any such document upon such Solicitor, or delivery of the same at his office, or sending the same to him by pre-paid post to such office shall be deemed to be good service upon the party or person for whom such Solicitor acts as upon the day when the same is so delivered or served, or upon which in the ordinary course of post it would be delivered.

The endorsement of service and the statutory declaration for the service of Civil Bills or other originating documents as provided by Section 7 of the Courts Act, 1964 , shall be in the form set out at Form 1B of the Schedule of Forms annexed hereto.

No Civil Bill shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the County Registrar for the County in which the Civil Bill was issued for leave to renew the Civil Bill. After the expiration of twelve months, an application to extend time for leave to renew the Civil Bill shall be made to the Court. The Court or the County Registrar, as the case may be, if satisfied that reasonable efforts have been made to serve the defendant, or for other good reason, may order that the Civil Bill be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed Civil Bill. The Civil Bill shall in such case be renewed by being stamped with the date of the day, month and year of such renewal; such stamp to be provided and kept for that purpose in the appropriate Circuit Court Office and to be impressed upon the Civil Bill by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in the Form 25 hereunto annexed; and a Civil Bill or other originating document so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the Civil Bill.

In any case where a Civil Bill has been renewed on an ex parte application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order.

The production of a Civil Bill purporting to be marked with a stamp showing the same to have been renewed in the manner aforesaid, shall be evidence of its having been so renewed and of the commencement of the action as of the first date of such Civil Bill for all purposes.

Where a Civil Bill of which the production is necessary, has been destroyed or lost the Court upon being satisfied of the destruction or loss, and of the correctness of a copy thereof, may order that such copy shall be sealed and served in lieu of the original Civil Bill or other originating document.

Service out of the jurisdiction of a Civil Bill, or notice thereof, may be allowed by the Court or the County Registrar whenever:—

Every application for leave to serve a Civil Bill or notice thereof on a defendant out of Ireland shall be supported by affidavit, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant or person to be served is or probably may be found, and whether such defendant or person sought to be served is or is not a citizen of Ireland, and the grounds upon which the application is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or the Country Registrar that the case is a proper one for service out of Ireland under these Rules.

Notwithstanding anything contained in this Order, the parties to any contract may agree:—

In Probate actions service of a Civil Bill, or notice thereof, may by leave of the Court or the County Registrar be allowed out of the jurisdiction.

Applications under this Order shall be made before the issue of the document, and the affidavit to ground the same shall, when no proceeding is pending, be entitled as between the parties to the intended proceeding and “In the Matter of the Courts of Justice Acts, 1924-1995”.

Any order giving leave to effect service, or to give notice out of the jurisdiction, shall limit a time after such service or notice, within which the person to be served may enter an appearance, and such time shall depend on the place or country where or within which the document is to be served, or the notice given.

Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, shall be served upon him.

Subject to the provisions of this Order, notice in lieu of service shall be given in the manner in which documents are required by these Rules to be served.

Whenever an Order shall be made giving leave to serve a document or notice thereof on a person out of the jurisdiction, a copy of such order shall be served with the document or notice.

This order shall apply to all proceedings, however instituted, and to any order or notice therein. Where the person to be served is not a citizen of Ireland, a copy of the originating document (other than a Civil Bill) or of the order or notice shall be served instead of the original, together with an intimation in writing that a proceeding in the form of the copy has been instituted, or an order in the terms of the copy made.

Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which, when lands, funds, choses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without purporting to exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings, so that such person shall have an opportunity of claiming, opposing or otherwise intervening.

Any person served with a Civil Bill, or notice thereof, may apply to the Court on notice to discharge the order authorising service.

Notwithstanding the Rules of Order 13, service of a Civil Bill or notice thereof out of the jurisdiction is permissible without the leave of the Court, if, it complies with the following conditions:

Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, is to be served on him.

(i) Notwithstanding the provisions of Rules 3, 4 and 5 of Order 11 and save as provided in Rules 8, 9 and 11 of Order 11, service under this Order on an individual shall be effected by personal service or by registered or insured post and service on a corporation or association shall be effected in the manner provided by sub-rule (v) below.

Where a Civil Bill or notice thereof is to be served out of the State under Rule 1, the time to be inserted therein within which the person to be served shall enter an appearance shall be—

(i) Where a person served desires to contest the jurisdiction of the Court to hear and determine the claim under the provisions of the 1968 Convention, he may enter an appearance solely for the purpose of contesting jurisdiction.

Where a person served with a Civil Bill outside the State pursuant to Rule 1 hereof has entered an Appearance, the time within which a Defence should be delivered by him shall be 28 days from the date of entry of his Appearance, or where an application has been brought for an Order declining jurisdiction in accordance with Rule 5 above, the time shall be 28 days from the date of determination of the said application, unless the Court shall otherwise order.

If a defendant intends to defend a Civil Bill or other proceeding, he shall enter an appearance in the Office in the prescribed form as provided for in Form 5 of the Schedule of Forms annexed hereto. Such form shall be lodged with or sent by post to the County Registrar so as to reach the Office before the expiration of the time limited for appearance, and a copy of such form shall at the same time be lodged with or sent by post to the plaintiff (if he sues in person) or his Solicitor subject to the provisions of Order 5 rule 4 hereof.

Save where otherwise provided by these Rules, the time for entering an appearance shall be ten days from the service of the Civil Bill, exclusive of the day of service, or such further time as may be agreed between the parties unless the Court shall otherwise direct.

Where no appearance has been entered, within the time allowed, to a Civil Bill, for a defendant who is an infant, or a person of unsound mind not so found by inquisition, the plaintiff shall, before further proceeding with the action against the said defendant, apply in the Office in the manner prescribed in Order 19 of these Rules, for an order that some proper person be assigned guardian ad litem of such defendant by whom he may appear and defend.

A defendant who has entered an Appearance as aforesaid shall within the further period of ten days thereafter, deliver to the plaintiff or his Solicitor a notice in writing in these Rules referred to as the Defence which shall be dated and which shall be in accordance with Form 6A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

The Defence shall state clearly the grounds upon which the defendant disputes the plaintiff's claim. Subject to the provisions of Order 65 no defence shall be admitted to defeat the claim or any part thereof unless, in the opinion of the Judge, it could fairly have been inferred from the particulars given in the Defence.

Every defendant in ejectment proceedings shall be entitled to plead every defence which he may have at law or in equity.

A defendant in an action may set off or set up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set off or counterclaim is a claim in damages or not, and such set off or counterclaim shall have the same effect as a cross action, so as to enable the Judge to pronounce a final judgment in the same action, both on the original and on the counterclaim. But the Judge may, on the application of the plaintiff before trial, if in the opinion of the Judge such set off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.

With a Defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.

(a) This rule shall apply to the Dublin Circuit only. Any Defendant may at the time of entry of an appearance or at any time thereafter being

(a) This rule shall apply to the Dublin Circuit only. A defendant may once, without leave, and upon notice to the plaintiff, lodge in Court an additional sum of money as an increase to a lodgement made under Rule 9a above. Such notice must be given and additional lodgment made

A Defendant making a lodgment under this Order shall intimate such fact by a document other than his Defence and such document shall be kept by the County Registrar in a separate file and neither he nor any other person shall disclose the fact of such lodgment to the Judge until he shall have decided all issues between the parties save the liability for costs. Such document shall be in the form prescribed in the Schedule of Forms attached hereto at Form 6B, and shall be filed in accordance with these Rules and a copy thereof served on the Plaintiff.

Save in the case of a lodgment with a defence of tender, the plaintiff may, within ten days after such lodgment as aforesaid, serve notice on the defendant that he accepts the amount lodged, which notice shall operate as a stay of all further proceedings and the settlement of the plaintiff's claim in respect of which the lodgment was made, save as to costs.

Where the plaintiff, not being under any legal disability, wishes to accept the amount lodged, payment thereof shall be made to the Plaintiff without the necessity for any Decree or Order by the Court, upon the lodgment with the County Registrar of a notice of acceptance of such amount in full satisfaction of the claim in respect of which the lodgment is made, signed by the plaintiff or his solicitor. In addition the plaintiff shall lodge a copy of the notice required in Rule 12, or, when no notice was served within the time specified in Rule 12, a letter from the defendant's solicitor, (or where he has no solicitor, from the defendant) consenting to the late acceptance of the amount lodged.

Where the plaintiff, not being under legal disability, accepts a lodgment under this Order, he shall be at liberty, in case his entire claim is thereby satisfied, to tax his costs after the expiration of four days from the service of notice of acceptance, unless the Judge shall otherwise order, and in case of non-payment of the costs within seven days after such taxation, to enter judgment for his costs so taxed.

If the Plaintiff, not being under a legal disability, does not accept the total amount lodged within the time named, he shall be liable for all costs thereafter incurred on foot of the claim in respect of which the lodgment was made, unless he obtains judgment for a greater amount than the total amount lodged, exclusive of costs.

Save as may be otherwise ordered by the Court, if the Plaintiff does not accept the amount lodged, in accordance with the provisions of these Rules, then, at the termination of the proceedings, all sums lodged shall be repaid to the solicitor on record for the Defendant at the time of such termination or, where there is no solicitor on record for the Defendant at that time, to the Defendant personally.

No Defence shall be delivered after the time specified in these Rules, without the leave of the County Registrar save as shall otherwise be agreed between the parties, and no Defence shall be delivered unless defendant has previously entered an Appearance as required by these Rules.

Subject to Order 17 of these Rules, no pleading subsequent to Defence, or Defence and Counterclaim, shall be allowed.

Notwithstanding anything contained in Rule 16 of this Order a plaintiff, prior to service of notice of trial, may, upon written notice to a defendant, lodge money in Court in answer to a counterclaim, subject to the like conditions as to costs and otherwise as upon lodgment in Court by a defendant.

In all actions where a lodgment of money is made pursuant to the provisions of the Rules of this Order the party making such lodgment may by notice to the County Registrar request that the money be placed either on a deposit or on a current account. The party making such lodgment on a deposit account shall be entitled to payment of the interest accruing thereon and such interest shall be paid out to the solicitor for the person who made same or, if there is no solicitor on record for such person, to the person who made same upon the determination of the proceedings subject to any ruling to the contrary which the Court may make. Such interest shall not form part of such lodgment.

(1) A party shall be regarded as a qualified party for the purposes of this rule if such party is:

When a party shall require security for costs from another party, he shall be at liberty to apply by notice to such party for such security; and in case the latter shall not, within seven days after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for such security by motion on notice grounded upon affidavit; and every such application shall be made before the party seeking the security takes any step save entering an appearance in the cause or matter after his right to such security shall have arisen, unless the Judge shall, under special circumstances, otherwise order.

A defendant shall not be entitled to an order compelling the plaintiff to give security for costs solely on the ground that the plaintiff resides outside the jurisdiction of the Court.

No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the Court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits.

In any action or matter in which security for costs is required, the security shall be of such amount and be given at such time or times, and in such manner and form, as the County Registrar shall direct, subject to an appeal to the Court.

Where a bond is to be given as security for costs, it shall, unless the Judge shall otherwise direct, be given to the party or person requiring the security, and not to an Officer of the Court.

In all proceedings for the recovery of book or shop debts, or other running accounts, the plaintiff shall furnish full particulars of his demand within a reasonable period before, or at the time of, the service of the Civil Bill.

A defendant, at any time after service of a Civil Bill upon him and before delivery of a Defence, or a plaintiff at any time after delivery of a Defence or Counterclaim, may apply to the other party by notice in writing for copies of all or any of the accounts or documents upon which the action or Defence or Counterclaim is founded, and such copies shall be delivered within seven days after receipt of such notice on payment of the usual scrivenery charges such request shall be in accordance with Form 7 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

Any party to a proceeding may also, at the time specified in the last preceding Rule, by notice in writing require the other party to furnish such further information as is reasonably necessary as to any specified matters arising upon the claim in a Civil Bill or upon the Defence and Counterclaim. Such request shall be in accordance with Form 8 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

A further and better statement of the nature of the Claim or Defence or Counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered upon such terms as to costs and otherwise, as may be just, and the Judge may order in a case of failure to comply with such order, that the Claim or Counterclaim shall be stayed or dismissed, or the Defence struck out.

The party at whose instance particulars have been delivered under an Order of the Court shall, unless the Order otherwise provides, have the same length of time for pleading after the delivery of particulars that he had at the date of the service of the notice of the application. Save as in these Rules provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.

If in the opinion of the Court any party has not given sufficient particulars in any pleading, notice, or written proceeding requiring particulars, the Court may disallow to such party all or part of the costs in respect of such pleading, notice, or written proceeding, and, in addition to or in lieu of such disallowance, may award the costs and expenses occasioned by such insufficiency against such party.

The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.