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

The County Registrar shall take and make all such accounts and inquiries as may be ordered by the Court, and shall certify the result thereof to the Court on completion and for this purpose he shall have all the powers of the Examiner in the High Court, and he shall issue such citations and subpoenas as are necessary to implement the jurisdiction of the Court.

If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit.

The County Registrar shall have power to settle all necessary advertisements, and arrange for the insertion thereof in such publications as he shall think right.

The County Registrar may summon to attend before him, and may examine on oath any party to any proceeding, or any witness whose attendance in connection with any of the duties or powers conferred upon him by statute, or otherwise, he may deem necessary.

The County Registrar shall have power, when directed by the Judge or empowered by these Rules, to tax all Bills of Costs, including costs as between solicitor and client, and shall certify the amount properly due thereon. In every case he shall measure the costs by fixing a reasonable sum in respect of the entire Bill or any particular item therein.

Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate, ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he shall think fit.

In the absence of any order of the Court, or of a direction or request by a person entitled to make the same, as to the investment of sums of cash paid into Court, the County Registrar shall apply to the Judge for directions as to the investment thereof.

In the absence of the Judge the County Registrar shall have power to declare the Court adjourned for such period, or to such date, as may be necessary.

The County Registrar in each County may from time to time carry over to a general ledger account for dormant balances the balances of funds to the credit of any ledger account which have not been dealt with for fifteen years or upwards; and he may carry to the credit of the same general ledger account the interest or dividends from time to time accruing upon the balances of funds which have been so carried over. When an order dealing with funds carried over under this Rule is to be acted upon, the County Registrar shall carry back such funds, and any interest or dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.

On or before the 31st day of December in every third year the County Registrar shall prepare a list or statement of the accounts in the Office carried over to the general ledger account under the next preceding Rule. The said list or statement shall be filed and exhibited in the Office, and a copy thereof shall be published in Iris Oifigiúil.

On lodgment of the appropriate documents and payment of the prescribed fees, application may be made in the Office in accordance with Form 26 of the Schedule of Forms annexed hereto in respect of the following matters, and orders may be made thereon by the County Registrar:—

Applications which in the opinion of the Judge would be more conveniently and expeditiously disposed of in Chambers than in open Court may be made to and heard by the Judge in Chambers.

Applications in connection with any of the matters hereinafter mentioned may be made to the Judge by any party, without notice to any other party, on lodging with the County Registrar a copy of the Civil Bill, an ex parte docket in accordance with Form 27 of the Schedule of Forms annexed hereto and filing an affidavit in support of the application.

The orders which the Judge may make under the last preceding Rule may, save where the said Rule otherwise provides, be either absolute in the first instance, or conditional on no cause being shown to the contrary, and the Judge may in any particular case give such directions as he may think fit, or may order that notice of the application be given to any other party.

The plaintiff may, at any time before the receipt of the defendant's Defence, or after the receipt thereof, before taking any other proceeding in the action (save any interlocutory application), by notice in writing wholly discontinue his action against all or any of the defendants, or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn. Such costs shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this order otherwise provided, it shall not be competent for the plaintiff to withdraw or discontinue the action without leave of the Judge, but the Judge may before, or at, or after the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out. The Judge may, in like manner, and with the like discretion as to terms, upon the application of the defendant, order the whole or any part of his alleged grounds of defence or counter-claim to be withdrawn or struck out, but it shall not be competent for a defendant to withdraw his Defence, or any part thereof, without such leave.

When an action, matter or proceeding has been entered for trial, it may be withdrawn by either plaintiff or defendant, upon producing to the County Registrar a consent in writing signed by the parties.

Any defendant may enter judgment for the costs of the action, if it is wholly discontinued against him, or for the costs occasioned by the matter withdrawn, if the action be not wholly discontinued, in case such respective costs are not paid within four days after taxation.

If any subsequent action shall be brought before payment of the costs of a discontinued action, for the same or substantially the same cause of action, the Judge may order a stay of such subsequent action until such costs shall have been paid.

The County Registrar shall, on the application of the plaintiff or defendant, as the case may be, tax the costs referred to in the preceding Rules of this Order.

An action, proceeding or matter, shall not become abated by reason of the death or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or the finding of the issues of fact and the judgment, or between the pronouncement and recording of the judgment or order, but the judgment or order may in such case be entered notwithstanding the death.

In case of the death, or bankruptcy, or devolution of estate by operation of law, of any party to an action, proceeding or matter the Judge may, if it be deemed necessary for the complete settlement of the questions involved, order that the personal representative, assignee, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice, and on such terms as the Judge shall think just, and the Judge shall make such order for the disposal of the action, proceeding, or matter, as may be just.

In case of an assignment, creation, or devolution of any estate or title pendente lite, the action, proceeding, or matter, may be continued by or against the person to, or upon whom, such estate or title has come or devolved.

Where, by reason of the death, or bankruptcy, or any other event occurring after the commencement of an action, proceeding or matter, and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the action, proceeding, or matter, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties, and such new party or parties, may be obtained ex parte on application to the Court upon an allegation of such change or transmission of interest or liability, or of such person interested having come into existence.

An order obtained as in the last preceding Rule mentioned shall, unless the Court shall otherwise direct, be served upon the continuing party or parties, or their Solicitors, and also upon each such new party unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to the next two following Rules, be binding on the person served therewith, and every person served therewith who is not already a party to the action, proceeding, or matter, shall be bound to enter an Appearance thereto within the same time, and in the same manner, as if he had been served with the originating document.

Where any person who is not under disability, or who although under disability, has a guardian ad litem in the action, proceeding, or matter, shall be served with such order as in Rule 4 of this Order mentioned, such person may apply to the Court to discharge or vary such order at any time within ten days from the service thereof.

Where any person being under disability, and not having a guardian ad litem in the action proceeding, or matter, is served with any order as in Rule 4 of this Order mentioned, such person may apply to the Court to discharge or vary such order at any time within ten days from the appointment of a guardian ad litem for such party, and, until such period of ten days shall have expired, such order shall have no force or effect as against such last mentioned person.

Where the plaintiff or defendant in action, proceeding, or matter, dies and the cause of action survives but the person entitled to proceed fails to proceed, the defendant (or the person against whom the action, proceeding or matter, may be continued) may apply by motion on notice to compel the plaintiff (or the person entitled to proceed), to proceed within such time as may be ordered; and, in default of such proceeding, judgment may be entered for or an order made in favour of the defendant, or, as the case may be, for or in favour of the person against whom the action, proceeding, or matter, might have been continued.

In the absence of any agreement in writing between the Solicitors for all parties, and subject to these Rules and the law of evidence, the witnesses at the trial of any action shall be examined viva voce on oath and in open Court, but the Judge may at any time for such reasons as he thinks right order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Judge may think reasonable, provided that where it appears to the Judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit.

Documents put in evidence shall be marked by an officer of the Court and, unless the Judge otherwise directs, shall be returned to the party tendering the same as soon as possible after the hearing.

In any action where it shall appear necessary for the purposes of justice, an order may be made for the examination upon oath before the Court, or before any officer in the Office and nominated by the County Registrar, or by the Judge, or before any other suitable person, and at any convenient place, of any witness or person, and the order may empower any party to any such action, proceeding, or matter, to give such examination or deposition in evidence therein on such terms, if any, as the Judge may direct.

Any party desiring the attendance of any person to give evidence or produce any books, papers or documents to the Court, or to an officer of the Court, shall apply for, and the County Registrar shall issue, a witness summons requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein. Such summons shall be in accordance with Form 14 of the Schedule of Forms annexed hereto.

In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Judge may direct the issue thereof, or otherwise deal with the matter as to him shall seem just.

Service of a witness summons shall in all cases be personal or by registered post upon the person named therein unless the Judge or County Registrar shall order otherwise. If it shall appear that the person served was not given reasonable time to enable him to appear in pursuance of the summons, or that his reasonable expenses have not been paid or offered to him, the Judge may set aside or disregard such service.

Every witness summons, other than a summons duces tecum, may be directed to, and served upon, more than one person.

Any Officer of the Court required to attend with any record or document at any sitting or place outside the County in which he is serving as such officer, shall be entitled to require that the Solicitor or party desiring his attendance shall deposit with him a sufficient sum of money to answer his just charges and expenses in respect of such attendance, and undertake to pay any further just charges and expenses which may not be fully answered by such deposit.

If any person having been duly summoned to give evidence or to produce any books, papers or documents in his possession or under his control, which the party requiring his attendance desires to put in evidence, fails without lawful excuse to attend or to give evidence or to produce such books, papers or documents according to the summons, or, unless duly excused, fails to remain in attendance throughout the hearing, the Court, if satisfied that such person has been duly summoned, and that his reasonable expenses have been tendered to him, may attach him for contempt, or may impose upon him a fine for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month.

The Court may, on cause shown, remit the whole or any part of any fine or imprisonment which it may have imposed under the last preceding Rule, or may order that the amount of any fine so imposed, or any part thereof, be paid to either party in respect of the costs and expenses of any postponement or adjournment rendered necessary by the default of such witness as aforesaid.

All affidavits shall be made before the County Registrar, or a Commissioner to administer oaths for the High Court, or a practising solicitor or, where the person making an affidavit resides outside Ireland, or is for the time being thereout, before any person duly authorised to administer oaths in the country where such person ordinarily resides or is.

All affidavits shall be written or printed book-wise; shall be expressed in the first person of the deponent; shall be drawn up in numbered paragraphs; and shall be entitled in the action or matter in which they are sworn.

All affidavits shall state the deponent's occupation and place of residence, and if the deponent shall be over eighteen years of age he shall so state, and if under such age shall state his exact age. All affidavits shall be confined to such facts as the deponent is able to prove of his own knowledge, and shall state his means of knowledge thereof, except on interlocutory motions, on which statements by the deponent as to his belief, with the grounds thereof, may be admitted.

No affidavit shall be sufficient if sworn before the Solicitor acting for the party on whose behalf the affidavit is to be used, or before the partner, agent, correspondent or clerk of such Solicitor, or before the party himself.

Every person taking an affidavit, a declaration, or the acknowledgment of any deed or recognizance—

There shall be on every affidavit a footnote showing on whose behalf it is filed, and the person by whom it is filed and his address, and no affidavit shall be filed or used without such note unless the Judge shall otherwise direct.

No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure, shall without leave of the Judge be filed, read, or made use of in any proceeding pending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the person taking the affidavit, nor in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the person taking it.

The Judge may receive any affidavit sworn for the purpose of being used in any action or matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and in that event direct a memorandum to be made on the document that it has been so received.

Before any affidavit is used it shall be filed in the Office, but this Rule shall not hinder the Judge from making an order upon the undertaking of the applicant or his Solicitor to file any affidavit sworn before the making of such order, or permitted by the Judge to be made after such order, provided that the Judge may stay the issue of such order until such affidavit shall have been filed.

Every affidavit which is filed shall have endorsed thereon by the County Registrar a memorandum of the date on which the same was filed, and when so endorsed it shall be taken for all purposes to have been duly filed on the date so endorsed thereon.

Where a special time is limited for delivering or filing affidavits, no affidavit delivered or filed after that time shall be used unless by leave of the Judge.

Every alteration in an account verified by affidavit shall be marked with the initials of the person before whom the affidavit is sworn, and such alteration shall not be made by erasure.

Documents identified by or referred to in an affidavit shall not be annexed thereto, but shall be referred to therein as exhibits.

Every certificate on an exhibit referred to in an affidavit signed by the person before whom the affidavit is sworn shall be marked with the short title of the action or matter.

(1) Affidavits or declarations of service shall state when, where, and how, and by whom, such service was effected, and, in the case of delivery to any person, shall (subject to Order 11, Rule 7) state that the deponent was at the time of such delivery acquainted with the appearance of such person;

The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or which shall contain argumentative matter, or which shall be prolix, shall be borne by the party filing the same.

Where the plaintiffs claim in a Civil Bill is for a debt, or liquidated demand, or for the delivery of specific goods or chattels, and a defendant has not entered an Appearance within time limited in the Civil Bill, or, having entered an Appearance, has not delivered a Defence within the time limited by these Rules, the plaintiff may, in default of such Appearance or Defence, as the case may be, apply in the Office for judgment to be entered against such defendant. In any such cases in which the defendant shall, after action brought, have satisfied the plaintiff's claim (save as to costs), the plaintiff may apply in the Office for judgment for the costs applicable to the plaintiff's claim. The application for such judgment shall be supported by the documents mentioned in Rules 2 and 3 of this Order with such alterations and additions thereto as may be appropriate and shall be in accordance with Forms 9 and 10 of the Schedule of Forms annexed hereto.

An application under the provisions of Rule 1 of this Order shall be supported by:—

Where the claim is by the Minister of a Government Department, or the Land Commission, or the Commissioners of Public Works, the same may be verified, and the sum then actually due, or the fact that the goods are still withheld, as the case may be, may be proved by any certificate under seal which is by statute made evidence of the matters therein certified instead of by affidavit as is provided in the last preceding Rule.

The affidavit verifying the plaintiff's claim specified in Rule 2(d) shall be sworn, and the certificate specified in Rule 2(e) shall be given, within the period of twenty-eight days next preceding the date of the application for judgment, otherwise same shall not be sufficient.

On lodgment in the Office of the documents specified in Rules 2 and 3, together with a duly stamped request for judgment in accordance with the appropriate form in the Schedule of Forms, judgment may be entered in the Office for the sum so certified to be then actually due, or for the amount claimed in the Civil Bill, whichever be the less, or for the delivery of the goods or chattels, as the case may be, together with costs according to the appropriate scale. Where the claim has been satisfied (save as to costs), judgment may be entered in the Office for costs only.

Where there are two or more defendants, and any one has made default in entering an Appearance, or delivering a Defence, as the case may be, the plaintiff may, in accordance with the provisions of this Order, have judgment against such defendant entered in the Office, and may issue execution against such defendant without prejudice to his right to proceed with the action against any other defendant who may have entered an Appearance or delivered a Defence, as the case may be.

Reasonable costs as determined by the Court or the County Registrar shall be allowed in cases of judgment by default.

No judgment may be entered under this Order against any party who has been served with a Civil Bill outside the State under Order 13.

Every Affidavit used for the purpose of grounding an Application for Judgment in default under Order 26 shall contain averments as to whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

(i) In any case in which the plaintiff is not entitled under the provisions of the preceding Order to apply for judgment, and a defendant has made default in entering an appearance or delivering a Defence, as the case may be, the plaintiff may, subject to the provisions of the following Sub-Rules of this Rule, at any time after such default, on notice to be served on such defendant, not less than four clear days before the hearing apply to the Court for judgment which said applications shall be made in accordance with Forms 9 and 10 of the Schedule of Forms annexed hereto.

Upon the hearing of such application the Judge may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the plaintiff's claim endorsed upon the Civil Bill, or may give leave to the defendant to defend the whole or part of the claim upon such terms as he may consider just.

Upon the hearing of an application for judgment under this Order the Judge or County Registrar may make such Order as to costs as he may consider just.

(a) Where an application is brought under this Order for Judgment in default of Appearance or Defence against a party who has been served with a Civil Bill or originating document outside the State under the provisions of Order 13, such application shall be supported by an affidavit stating that in the deponent's belief:

Every Affidavit used for the purpose of grounding an Applicable for Judgment in default under Order 27 shall contain averments as whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

Where the plaintiff's claim in a Civil Bill is:—

This Order shall apply to all actions of ejectment whether or not the relationship of landlord and tenant has ever existed between the parties, and whether or not the Civil Bill is brought specifically upon the title.

An application for summary judgment under this Order shall be made by Motion on notice in accordance with Form 11 of the Schedule of Forms annexed hereto to be served upon the defendant not less than four clear days before the hearing thereof. Such application shall be supported by an affidavit made by the plaintiff, or by some other person on his behalf who can swear positively to the facts verifying the plaintiff's claim, and stating that in the deponent's belief the defendant has not a bona fide defence to the plaintiff's claim, and that the Appearance has been entered and the Defence (if any) has been delivered solely for the purpose of delay. Such affidavit, which shall be in accordance with Form 12 of the Schedule of Forms annexed hereto shall be served upon the defendant with the Motion.

Upon the hearing of such application no party shall have the right to adduce any evidence otherwise than by affidavit, and the plaintiff shall be limited to the affidavit specified in Rule 3 of this Order; provided always that the Judge may require or permit any party to produce further evidence. Such further evidence may be given orally or on affidavit as the Judge may require or permit.

Upon the hearing of such application judgment may be ordered to be entered for the plaintiff unless the defendant:—

Except in actions for the recovery of land for non-payment of rent, if it appears that the defence set up by the defendant applies only to a part of the plaintiff's claim, or that any part of his claim is admitted, the plaintiff shall have judgment for such part of his claim as the defence does not apply to or as is admitted, subject to such terms, if any, as to staying execution, the payment of costs, or otherwise as the Judge may order; and the defendant may be allowed to defend as to the residue of the plaintiff's claim.

Where the Judge does not order judgment to be entered for the plaintiff he may:—

If it appears to the Judge that any defendant ought to be allowed to defend the action, and that any other defendant ought not be allowed to defend, the former may be allowed to defend, and the Judge may order judgment to be entered for the plaintiff against the latter, and the plaintiff issue execution upon such judgment without prejudice to his right to proceed with the action against the former.

Upon the hearing of an application for summary judgment the Judge may make such order as to costs as he may consider just.

Every Affidavit used for the purpose of grounding an Application for Summary Judgment under Order 28 shall contain averments as to whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners.

A defendant may, in accordance with the provisions of this Order, at any stage of the proceedings, consent to judgment being entered against him. In all cases other than those for which provision is made by the following rules of this Order judgment by consent shall be entered only by order of the Court.

Judgment by consent without reference to the Court may be entered in the Office only where:—

A consent may be to judgment determining only the issue of the defendant's liability upon the plaintiff's claim, or part thereof, and reserving the right to have all other issues and matters determined by the Court.

No consent to judgment shall be sufficient unless it is in writing, and signed by the defendant so consenting, and by a Solicitor, if represented by a Solicitor. On lodgment in the Office of such consent, which shall be accordance with Form 4 of the Schedule of Forms annexed hereto, together with an affidavit verifying the execution thereof by the consenting defendant, judgment may be entered in the Office against such defendant in the terms of the consent without reference to the Court.

Where the plaintiff's Civil Bill includes claims in respect of two or more separate or distinct causes of action a defendant may, in accordance with the provisions of this Order, consent to judgment in respect of any one claim, and appear and defend in respect of any other.

Where the plaintiff's Civil Bill includes a claim for a debt or liquidated demand in money, or for the delivery of specific goods or chattels, a defendant may in accordance with the provisions of this Order, consent to judgment in respect of portion of such debt, demand or goods, as the case may be, and appear and defend as to the remainder.

The County Registrar may in any case refuse to enter judgment by consent in the Office, and in any such case he shall refer the matter to the Court.

The provisions of this Order shall, with the necessary modifications, apply to counterclaims.

Any party against whom a judgment in default of appearance or defence has been given may, not later than ten days after he has knowledge thereof, serve a notice of motion in accordance with Form 13 of the Schedule of Forms annexed hereto to vary or set aside the said judgment, but service of the notice of motion shall not operate as a stay of proceedings in the action save with the leave of the Court and upon such directions as to the Court shall seem appropriate. In cases of urgency, applications for a stay may be made in accordance with the terms of Order 1 rule 5 of these Rules.

Every such notice shall set forth clearly and briefly the reasons why the party applying did not enter an appearance or did not deliver a defence, as the case may be, the nature of the fraud, misrepresentation, surprise or mistake relied upon, and the grounds of defence to the action in which the said judgment was given.

Save where the Court shall otherwise direct, no such motion shall be heard until the party applying has complied with the directions of the Court (if any) including any directions relating to the lodgment in Court of such sums, either in respect of the judgment debt itself, the costs awarded against him by such judgment, and such further sum, if any, as security for costs of the motion as the Judge shall consider just.

The Judge may, on the hearing of any such motion, vary or set aside the judgment in question, upon such terms as to costs or otherwise, including lodgment in Court of the amount of such judgment, or any part thereof, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action, proceeding or matter. The Judge may also make such order as he may consider just in regard to moneys paid into Court by the defendant.

Any party may call upon any other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is certified by the Judge to have been a saving of expense.

Any party may, by notice in writing, at any time not later than ten days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within seven days after service of such notice, or within such further time as may be allowed by the Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Judge certifies that the refusal to admit was reasonable, or unless the Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. Provided also that the Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just; and provided further that all such costs and expenses as in the opinion of the Judge have been caused by the omission of any party to serve such notice as aforesaid shall, whatever the result of the cause, matter, or issue may be, unless the Judge shall otherwise order, be paid by the party omitting to serve such notice.

Any admissions, if not made during the hearing, shall be in writing, and shall be signed by the party making the same, or by his Solicitor.

Where a request in writing for voluntary discovery has been made at least fourteen days prior to the issuing of the notice of motion and no agreement in writing to make discovery in the terms requested has been received within such period, any party may apply to the Court or to the County Registrar by notice of motion to be served not less than four clear days before the hearing thereof, for an order directing any other party to any proceeding to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Judge may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the proceeding, or make such order on such terms as to the security for the costs of discovery or otherwise, and either generally or limited to certain classes of documents, as he may think fit. Such affidavit of documents shall be in accordance with Form 31 of the Schedule of Forms annexed hereto.

The affidavit to be made by a party against whom such order as is mentioned in the last preceding Rule has been made shall specify which, if any, of the documents therein mentioned he objects to produce and it shall be in the form in the Schedule of Forms hereto with such variations as circumstance may require.

It shall be lawful for the Judge at any time during the pendency of any cause or matter to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Judge shall think right; and the Judge may deal with such documents, when produced, in such manner as he shall think just.

Every party to a cause or matter shall be entitled at any time by notice in writing, to give notice to any party, in whose pleading or affidavit reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his Solicitor, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf, unless he satisfy the Judge that such document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse, which the Judge shall deem sufficient for not complying with such notice; in which case the Judge may allow the same to be put in evidence on such terms as to costs and otherwise as he shall think fit.

If the parties served with notice under Rule 4 omit to give notice of a time for inspection, or object to give inspection, the Judge or the County Registrar may, on the application of the party desiring it, make an order for inspection at such time and in such place and in such manner as he thinks right. Such application shall be made by motion on notice to be served not later than four clear days before the hearing thereof and founded upon an affidavit showing of what documents inspection is sought and that they are in the possession or power of the other party.

If any party fails to comply with any order for discovery or inspection of documents, he shall be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended.

In every cause or matter, the costs of discovery shall, unless otherwise ordered by the Judge, be allowed, as part of the costs of the party seeking discovery, either as between party and party or solicitor and client, where, and only where, such discovery shall be certified by the Judge.

This Order shall apply to infant plaintiffs and defendants, and to their next friends and guardians ad litem.

Any person not a party to the cause or action before the Court who appears to the Court or to the County Registrar to be likely to have or to have had in his possession custody or power any documents which are relevant to an issue arising or likely to arise out of the cause or action or is or is likely to be in a position to give evidence relevant to any such issue may by leave of the Court or the County Registrar upon the application of any party to the said cause or action be directed by order of the Court or the County Registrar to answer such interrogatories or to make discovery of such documents or to permit inspection of such documents provided that, in advance of the issuing of such notice of motion, such discovery shall be requested to be made voluntarily in accordance with the provisions of Rule 1 hereof, the request for voluntary discovery being made to the person against whom discovery is sought and the other parties to the proceedings. The provisions of this Order shall apply mutatis mutandis as if the said Order of the Court or the County Registrar had been directed to a party to the said cause or action provided always that the party seeking such order shall indemnify such person in respect of all costs thereby reasonably incurred by such person and such costs borne by the said party shall be deemed to be costs of that party in the proceedings.

When a Defence has been duly entered, the plaintiff may, after the service thereof, serve notice of trial or a notice for the fixing of a date for trial, as directed by the County Registrar in accordance with Forms 15A and 15B of the Schedule of Forms annexed hereto.

This Rule shall not apply to the Dublin Circuit. Not less than ten days notice of trial shall be served upon the defendant and all other necessary parties, save that the parties shall be at liberty to agree that a shorter notice period shall apply and shall be for the Sittings next ensuing after the expiration of the time mentioned in the said notice, and same shall be filed at the Office not later than seven days before the opening of such Sittings. Such notice of trial and filing thereof shall operate to set down the action or matter (including a counterclaim if any) for hearing at the said next ensuing Sittings.

This Rule shall apply only to the Dublin Circuit. Ten days' notice of trial, as directed by the County Registrar in accordance with Forms 15A and 15B of the Schedule of Forms annexed hereto, shall be necessary and sufficient, and shall be served upon the defendant and all other necessary parties, and filed at the Office, save that the parties shall be at liberty to agree that a shorter notice period shall apply. Such notice of trial and filing thereof shall operate to set down the action or matter (including a counterclaim if any) for hearing upon the date of trial set out in the notice of trial or upon any day after the expiration of the date mentioned in such notice upon which the trial may come on in its order in the list or upon such date as may be fixed by the Court or the County Registrar following the service of a Notice.

Where the plaintiff has failed to serve notice of trial within ten days after the delivery of the Defence the defendant may do so and may file the same in accordance with these Rules.

If the plaintiff, in any action other than a probate action, does not within ten days after the delivery of the Defence serve notice of trial, the defendant may, in lieu of serving notice of trial in accordance with the preceding Rule, apply to the Court to dismiss the action for want of prosecution, and on the hearing of such application the judge may order the action to be dismissed accordingly, and may make such other order, and on such terms, as to him may seem just.

The Judge, if he considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as he shall deem just.

A counterclaim may be proceeded with separately, and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed.

In any proceeding, a witness who is not a party may be ordered by the Judge to leave the Court until his evidence is required, or after his evidence has been given, or to remain in Court after his evidence has been given until the trial is terminated or adjourned.

Judgment may be given for one or more plaintiffs, and against or in favour of one or more defendants.

The Judge may, if he think it expedient in the interests of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he shall think fit.

If, when a case is called in Court, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim so far as the burden of proof lies upon him.

If, when a case is called in Court, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him.

The Judge on pronouncing any judgment or making any order (or at any subsequent time on notice being given to the opposite party), may order the time or times when, and by what instalments, the debt or damages and costs of the judgment, or the amount stated in the order and the costs shall be paid, provided that if such order for instalments shall be made on pronouncing any judgment or making any order, no order for execution shall issue against the defendant until after default of payment of some instalment according to such order. The Judge may also stay execution on foot of any decree or order for such period and on such terms as he shall think just. Such decrees, dismisses, instalment orders or stays shall be in accordance with Forms 16, 17, 18 and 19 of the Schedule of Forms annexed hereto.

If it appears to the Judge that there is in any cause or matter a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, the Judge may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

The Judge may in any cause or matter, at any time or from time to time, order that different questions of fact arising therein be tried by different modes of trial, or that one or more questions of fact be tried before the others.

Whenever the High Court shall transfer any action or proceeding to the Court, the plaintiff shall lodge with the County Registrar, within fourteen days from the date of the order for transfer, the summons and all pleadings, orders, and all documents already delivered or made, and thenceforward the action or proceeding shall be taken and heard in the Court as if it had been originally commenced therein, and the costs of the action or proceeding up to the date of the order for transfer shall be determined by the Judge unless the order of transfer shall otherwise direct.

Where in any case of transfer in the last preceding rule mentioned, the plaintiff shall have omitted or refused to lodge the documents in the said rule prescribed, the defendant may, at any time after the time limited in the said rule, lodge the said documents or a certified copy of the order for transfer, and copies of the other documents verified by affidavit, and thereupon the action shall proceed as in the last preceding rule prescribed.

The party lodging the said documents as in the last two preceding rules provided, shall within fourteen days of such lodgment, file and serve on the other party a notice that the said documents have been lodged with the County Registrar.

When any action or proceeding shall be sent forward or transferred to the High Court from the Court, the County Registrar shall transmit to the proper Officer of the High Court the file in the action or proceeding.

In any case where the defendant has not delivered a Defence before the transfer of the action, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of service of the notice provided by Rule 3 of this Order. Where the defendant has, as provided by Rule 2 of this Order, lodged the documents with the County Registrar, the time for filing and serving a Defence, unless the Order of transfer shall otherwise direct, shall be ten days from the date of such lodgment.

Any judgment or order for the payment of money shall be enforced at the request of the party prosecuting such judgment or order by an execution order issued under the Seal of the Court in Form 20 of the Schedule of Forms annexed hereto.

Any judgment or order for the recovery of or for the delivery of possession of land, whether made in an action of ejectment or in any other action or matter, may be enforced by an order for possession issued under the Seal of the Court in Form 23 of the Schedule of Forms annexed hereto.

When, in any proceeding other than an ejectment, an order is made for the recovery of or the delivery of possession of land to any person, an execution order for possession shall not be issued by the County Registrar without evidence (by affidavit or declaration) of service of the order and disobedience thereto.

A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything may be enforced by an execution order by way of attachment or committal.

Any judgment or order against a corporation wilfully disobeyed may, by leave of the judge, be enforced by an execution order by way of attachment or committal against the directors or other officers thereof, or any of them.

Where a judgment or order is for the recovery of any property other than money or land, the Judge may order, upon the motion of the plaintiff or other person entitled to prosecute such judgment or order, that in default of delivery an execution order shall issue for the delivery of the property without giving the defendant the option of retaining the same upon payment of the value assessed, if any, and that if the property cannot be found, and unless the Judge otherwise orders, distraint shall be made on all the goods, chattels and lands of the defendant until the property has been delivered, or, at the option of the plaintiff, that the Sheriff or Court Messenger shall cause to be levied on the defendant's goods the assessed value, if any, of the property. Such execution orders shall be in accordance with Forms 21 and 22 of the Schedule of Forms annexed hereto.

If any difficulty arises in or about the execution or enforcement of any judgment or order other than a judgment or order for the recovery or payment of money, any party interested may apply to the Court, and the Judge may make such order thereon for the attendance and examination of any party or otherwise as he may think just.

Where a judgment or order is against a firm, execution may issue:

Every decree of the Court, and every judgment in default of appearance or defence, shall be in full force and effect for a period of twelve years from the date thereof, and an execution order based on any such decree or judgment may be issued in the Office within the said period, but not after the expiration of six years from the date of such decree or judgment without leave of the Court. An application for such leave shall be made by motion on notice to the party sought to be made liable.

If, at any time during the period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties entitled or liable to execution, the party claiming to be so entitled may apply to the Court on notice for leave to issue execution, and the original decree or judgment may be amended so as to give effect to any order made by the Court on the application.

Every order of the Court in any cause may be enforced in the same manner as a judgment to the same effect.

An order for execution if unsatisfied shall remain in force for one year only from and exclusive of the date of its issue.

An execution order may, on the application of the party entitled thereto, be renewed in the Office at any time during the currency of the decree or judgment in respect of which it was originally issued for the period of not more than one year from the date of such renewal, provided that the said decree or judgment be in full force and effect for the period for which the said execution order is so renewed. The fact of the renewal of any such order shall be indorsed thereon and the order shall be re-sealed. An order for execution so renewed shall have effect and be entitled to priority according to the time marked thereon as the date of its original issue.

A person seeking renewal of an order for execution shall make and file an affidavit averring that he is entitled to such renewal and setting out all credits, if any, to which the person liable to such execution is entitled and, where the judgment, decree or order sought to be enforced is for payment of money, the amount then due on foot thereof.

Where an execution order has been destroyed or lost the party entitled to execution may apply to the Court or County Registrar for a re-issue of the said order, and thereupon the Judge or County Registrar may order such re-issue.

Where any change has taken place by death, assignment, or otherwise, in the parties entitled or liable to execution, and a party alleges himself to be entitled by reason of one and the same change or other cause to enforce the judgments or orders in more actions or matters than one, or to enforce a judgment or order against more persons than one, he may make one application for leave to issue the necessary process in all or any of such actions or matters, or against all or any of such persons, specifying in a schedule to such application all the actions or matters in respect of which such application is made, and one order only may be made on such application in respect of all or any of such actions or matters, or all or any of such persons, and, in serving notice of any such order on any person affected thereby it shall be sufficient to set forth such part only of the order as affects such person without setting forth the rest of such order.

Every order for execution shall be endorsed with the name and place of business of the Solicitor actually suing out the same, and, if no Solicitor shall be employed to sue out the order, then it shall be indorsed with a memorandum expressing that the same has been sued out by the party in person, mentioning the place of residence and postal address of such party.

No execution order shall be issued until the party desirous of issuing the same, or his Solicitor, shall have lodged a requisition therefor, giving the title of the proceedings, the date of the judgment, and of the order (if any) giving leave to issue execution, and the names and description of the parties against whom, or of the firm against whose goods the execution order is to be issued.

Every execution order for the recovery of money shall contain a direction to the Sheriff to levy the money due and payable, and sought to be recovered under the judgment or order of the Court, stating the amount so as to distinguish any sum stated to have been paid and that remaining due, and the costs awarded, and the amount of the costs for issuing the execution order, and also to levy interest on the money due and payable, if sought to be recovered, at such rate as may from time to time be determined from the time when the judgment or order of the Court was entered or made, unless the judgment or order of the Court otherwise directs.

Orders for execution against goods may be issued concurrently in more than one County, provided that the costs of more than one order on foot of the same judgment shall not be allowed against the execution debtor unless by order of the Judge.

Where a notice of motion for committal has been served, or an order of committal has been made against a debtor, and is outstanding, an order for execution against the goods of the debtor shall not be issued in the same proceeding except by leave of the Judge, and on such terms as he may impose.

An order for execution may at any time, on payment of the prescribed fees payable to the Sheriff, be withdrawn or suspended by notice to the Sheriff by the party or person who has sued out the same.

Whenever any money is levied or paid to a Court Messenger under any execution order or other process, the Court Messenger shall give a receipt for the same in accordance with the form prescribed in the Schedule of Forms annexed hereto at Form 24.

The plaintiff or other party applying for execution may obtain separate execution orders for the relief granted under any decree or order and for the costs thereof.

Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment or order, within which the act is to be done, and upon the copy of the judgment or order which shall be served upon the person required to obey the same there shall be endorsed a memorandum in the words or to the effect following, viz.:—

If a mandatory order, injunction, or judgment for the specific performance of any contract be not complied with, the Judge, in addition to or in lieu of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done, so far as practicable, by the party by whom the judgment or order has been obtained, or by some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Judge may direct, and execution may issue for the amount so ascertained, and for such sum, if any, for costs as the Judge may award.

On every execution order there shall be printed, either at the foot or on the back thereof, a true copy of the schedule of fees payable to the Sheriff for execution, in accordance with any order for the time being in force with regard to the execution orders of the Court.