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

All Family Law Civil Bills shall be dated and shall bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by the party's Solicitor, if any, or, where the Applicant does not have a Solicitor, by that party personally. The address to which a Respondent should apply in order to receive information in relation to legal aid shall also be included in such Civil Bills.

On the issuing of a Family Law Civil Bill the original thereof shall be filed, together with the appropriate certificate (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in the intended action sworn by the Applicant in compliance with Rules 17 and 18 hereof and, in all circumstances where there are dependent children, an Affidavit of Welfare in the intended action in compliance with Rule 19 hereof, and the County Registrar shall thereupon enter same.

(a) All Family Law Civil Bills shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years together with the appropriate certificate in the form set out in Form 37D of the Schedule of Forms annexed hereto (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in compliance with Rules 17 and 18 hereof in the form set out in Form 37A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 19 hereof in the form set out in Form 37B of the Schedule of Forms annexed hereto. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought, notice thereof in accordance with Form 37C of the Schedule of Forms annexed hereto shall also be served on the trustees of the pension scheme in question by registered post at their registered office or other appropriate address and an Affidavit of such Service sworn and filed within fourteen days of service of the Civil Bill. Service shall be endorsed upon all Family Law Civil Bills in accordance with the provisions of Order 10 Rule 21 of these Rules. All other pleadings may be served by ordinary pre-paid post.

If a Respondent intends to contest the application, or any part thereof, he/she shall enter an Appearance in the Office within 10 days of the service upon him/her of the Family Law Civil Bill together with the appropriate certificate in the form set out in Form 37D of the Schedule of Forms annexed hereto (pursuant to section 6 of the 1989 Act and section 7 of the 1996 Act), and shall serve a copy of the Appearance and appropriate certificate on the Applicant's Solicitors or, where appropriate, on the Applicant. The Appearance shall bear an address for service of any interlocutory applications and shall be signed by the Respondent's Solicitor or, if the Respondent does not have a Solicitor, by the Respondent personally.

(a) A Respondent shall at the same time as entering an Appearance, or within 10 clear days from the date of service of the Appearance, or such further time as may be agreed between the parties or allowed by the Court, file and serve a Defence, together with an Affidavit of Means in compliance with Rules 17 and 18 hereof and, in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 19 hereof on the Applicant, or the Applicant's Solicitor, if any, and on the County Registrar in the forms set out in Forms 37A and 37B of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought by way of Counterclaim, notice thereof in accordance with Form 37C of the Schedule of Forms annexed hereto shall also be served on the trustees of the pension scheme in question by registered post at their registered office and a Affidavit of such Service sworn and filed within 7 days of service of the Defence and Counterclaim.

(a) In any case in which a Respondent has made default in entering an Appearance or filing a Defence, as the case may be, the Applicant 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 the Respondent and, where relief pursuant to section 12 and/or 13 of the 1995 Act and section 17 of the 1996 Act is sought, on the trustees of the pension scheme concerned, not less than fourteen clear days before the hearing, apply to the Court for judgment in default of appearance/defence.

Subject to Rule 11 (h), (i) and (j) herein, when a Defence has been duly entered and served, the Applicant may serve a notice of trial or a notice to fix a date for trial, as appropriate, 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 Respondent and all other necessary parties and, where relief is sought under sections 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act, upon the trustees of the pension scheme in question, 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 counterclaim if any) for hearing at the next ensuing Sittings.

This Rule shall apply only to the Dublin Circuit. Ten days' notice to fix a date for trial shall be necessary and sufficient and shall be served upon the Respondent and all other necessary parties and, where relief is sought under sections 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act, upon the trustees of the pension scheme in question, and filed at the Office. Such notice to fix a date for a trial shall set out the date upon which a date for hearing shall be fixed by the County Registrar and shall operate to set down the action or matter (including a Counterclaim if any) for hearing upon such date as may be fixed by the County Registrar.

Where the Applicant has failed to serve a notice of trial or notice to fix a date for trial, as appropriate, within ten days after the service and entry of the Defence, the Respondent may do so and may file the same in accordance with these Rules.

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

(a) Save where the Court shall otherwise direct, any notice party, including the trustees of a pension scheme, who wishes to make representations to the Court pursuant to section 12(18) and/or section 13(2) of the 1995 Act or section 17(18) of the 1996 Act shall make such representations by Affidavit of Representation to be filed and served on all parties to the proceedings within 28 days of service upon them of notice of the application for relief under section 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act in accordance with Rules 8 and 10 hereof or within such time or in such manner as the court may direct.

Without prejudice to the right of each party to make application to the Court for an Order of Discovery pursuant to the Rules of this Honourable Court and without prejudice to the jurisdiction of the Court pursuant to section 12(25) of the 1995 Act and section 17(25) of the 1996 Act, in any case where financial relief under the Acts is sought, the parties shall file Affidavits of Means in accordance with Rules 7 and 10 hereof in respect of which the following rules shall be applicable —

The Affidavit of Means shall set out in schedule form details of the party's income, assets, debts, expenditure and other liabilities wherever situated and from whatever source and, to the best of the deponent's knowledge, information and belief the income, assets, debts, expenditure and other liabilities wherever situated and from whatever source of any dependent member of the family and shall be in accordance with the form set out in Form 37A herein or such modification thereof as may be appropriate. Where relief pursuant to section 12 of the 1995 Act is sought, the Affidavit of Means shall also state to the best of the deponent's knowledge, information and belief, the nature of the scheme, the benefits payable thereunder, the normal pensionable age and the period of reckonable service of the member spouse and where information relating to the pension scheme has been obtained from the trustees of the scheme under the Pensions Acts 1990 — 1996, such information should be exhibited in the Affidavit of Means and where such information has not been obtained a specific averment shall be included in the Affidavit of Means as to why such information has not been obtained.

An Affidavit of Welfare shall be in the form set out in Form 3 herein. In circumstances in which the Respondent agrees with the facts as averred to in the Affidavit of Welfare filed and served by the Applicant, the Respondent may file and serve an Affidavit of Welfare in the alternative form provided for in Form 37B herein. In circumstances in which the Respondent disagrees with the Affidavit of Welfare filed and served by the Applicant, a separate Affidavit of Welfare, including the schedule provided for in the form set out in Form 37B herein shall be sworn, filed and served by the Respondent in accordance with Rule 10 hereof.

Save where otherwise directed by the Court, a Counterclaim, if any, brought by a Respondent shall be included in and served with the Defence, in accordance with the provisions of these Rules relating thereto, and shall, in particular, set out in numbered paragraphs

Save where the Court otherwise directs and subject to Rule 24 hereof, every Application under this Order shall be heard on oral evidence, such hearings to be held in camera.

Notwithstanding the provisions of Rule 21 hereof, where relief pursuant to section 12 of the 1995 Act or section 17 of the 1996 Act is sought by the Applicant or the Respondent, evidence of the actuarial value of a benefit under the scheme (as defined in section 12(1) of the 1995 Act and section 17(1) of the 1996 Act) may be by Affidavit filed on behalf of the Applicant/Respondent, such Affidavit to be sworn by an appropriate person and served on all parties to the proceedings and filed at least 14 days in advance of the hearing and subject to the right of the Respondent/Applicant to serve Notice of Cross-examination in relation to same. Where one of the parties has adduced evidence of the actuarial value of a benefit by Affidavit as provided for herein and the other party intends to adduce similar or contra oral evidence, notice of such intention shall be served by the disputing party upon all other parties at least 10 days in advance of the hearing.

(a) An application for Preliminary Orders pursuant to section 6 of the 1995 Act or section 11 of the 1996 Act or for maintenance pending suit/relief pursuant to section 7 or section 24 of the 1995 Act or section 12 of the 1996 Act or for information pursuant to section 12(25) of the 1995 Act of section 17(25) of the 1996 Act or for relief pursuant to section 35 of the 1995 Act or section 37 of the 1996 Act or for relief pursuant to section 38(8) of the 1995 Act or section 38(7) of the 1996 Act or for a report pursuant to section 47 of the 1995 Act or section 42 of the 1995 Act or for any other interlocutory relief shall be by Notice of Motion to be served upon the parties to the proceedings and, in the case of applications pursuant to section 12(25) of the 1995 or section 17(25) of the 1996 Act, upon the trustees of the pension scheme concerned.

If on the date for hearing of any Application under this Order the matter is not dealt with by the Court for any reason, and, in particular, on foot of an adjournment sought by either party, the other party, whether consenting to the adjournment or not, may apply for, and the Court may grant, such interim or interlocutory relief as to it shall seem appropriate without the necessity of service of a Notice of Motion.

Any interim or interlocutory application shall be heard on Affidavit, unless the Court otherwise directs, save that the Deponent of any Affidavit must be available to the Court to give oral evidence or to be cross-examined as to the Court shall seem appropriate, save that a Motion for Discovery and a Motion in the course of nullity proceedings for the appointment of medical/psychiatric inspectors shall be heard on a Notice of Motion only. Where any oral evidence is heard by the Court in the course of such applications ex parte, a note of such evidence shall be prepared by the applicant or the applicant's solicitor and approved by the Judge and shall be served upon the respondent forthwith together with a copy of the Order made (if any), unless otherwise directed by the Court.

(a) Where either party or a person on behalf of a dependent member of the family wishes at any time after the hearing of the Application to seek further relief as provided for in the Act or to vary or discharge an Order previously made by the Court that party shall issue a Notice of Motion to re-enter or to vary or discharge as the case may be grounded upon an Affidavit seeking such relief. Such Motions shall be subject to the provisions of Rules 7, 16, 17, 18, 21 and 22 hereof, as appropriate.

Where any party to proceedings for a declaration under section 29 of the 1995 Act alleges that the marriage in question was void or voidable and the Court decides to treat the application as one for annulment of the marriage, the provisions of these rules in relation to the procedures applicable to decrees of nullity may be adapted in such manner as the Court shall direct.

Applications under section 33 of the 1995 Act for an order or orders exempting the marriage from the application of section 31(1)(a) or section 32(1)(a) of the 1995 Act may be made ex parte by the parties where both are over the age of 18 years, by the legal guardians of the parties to the intended marriage where both are under the age of 18 years or, where one of the parties is over the age of 18 years, by that party and the legal guardian or guardians of the other party, and further, where deemed appropriate by the Court, a guardian or guardians ad litem may be appointed by the Court to represent either or both of the parties. Such applications may be grounded upon Affidavit or upon oral evidence given by or on behalf of the parties, as the Court may direct, which evidence shall set out the reasons justifying the exemption and the basis upon which it is claimed that the application is in the interests of the parties to the intended marriage.

Applications pursuant to section 8 of the Family Law (Maintenance of Spouses and Children) Act, 1976 may be made by way of originating Notice of Motion, grounded upon affidavit.

For the purposes of Rule 29 hereof, the notice of motion shall be entitled in the matter of the Act (as amended) and shall state the relief sought (including whether or not relief pursuant to section 8B of the 1976 Act, as inserted by section 43 of the 1995 Act is sought); state the name and place of residence or address for service of the applicant; the date upon which it is proposed to apply to the Court for relief and shall be filed in the Office of the County Registrar for the County in which the application is being brought in accordance with Rule 3 hereof (hereinafter referred to as “the appropriate Office”).

For the purposes of Rule 29 hereof, without prejudice to the jurisdiction of the Court to make an Order for substituted service, the Motion shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years. Where relief pursuant to section 8B of the 1976 Act is sought, the motion shall be served upon the trustees of the pension scheme also. There must be at least ten clear days between the service of the notice and the day named therein for the hearing of the motion.

(a) Subject to the right of the Court to give such directions as it considers appropriate or convenient, evidence at the hearing of the motion under Rule 30 shall be by affidavit.

The plaintiff in proceedings wherein it is sought to have a conveyance declared void pursuant to the provisions of section 3 of the Family Home Protection Act, 1976 (as amended by section 54 of the Family Law Act, 1995 )(which said proceedings shall be instituted by way of Equity Civil Bill seeking declaratory relief) shall forthwith and without delay following the institution of such proceedings cause relevant particulars of the proceedings to be entered as a lis pendens upon the property and/or premises in question under and in accordance with the Judgments (Ireland) Act, 1844.

(a) The costs as between party and party may be measured by the Judge, and if not so measured shall be taxed, in default of agreement by the parties, by the County Registrar according to such scale of costs as may be prescribed. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.

The Court may, upon such terms (if any) as it may think reasonable, enlarge or abridge any of the times fixed by these rules for taking any step or doing any act in any proceeding, and may also, upon such terms as to costs or otherwise as it shall think fit, declare any step taken or act done to be sufficient, even though not taken or done within the time or in the manner prescribed by these rules.

(a) The Certificates required by Sections 5 or 6 of the 1989 Act and Sections 6 or 7 of the 1996 Act shall be in accordance with Form 37D of the Schedule of Forms annexed hereto.

In all circumstances in which the registrar of the Court and/or the County Registrar is required to serve or lodge a copy of an order upon any person(s) or body such service or lodgment shall be satisfied by the service of a certified copy of the said order by registered post to the said person(s) or body.

In this Order “the Act” means the Domestic Violence Act, 1996 (No. 1 of 1996).

In accordance with section 14 of the Act, an application under this Order shall be brought in the county where the applicant in the proceedings ordinarily resides (subject to section 14(2) of the Act) or where the place in relation to which the application for a Barring Order is made is situate save that, where the application is made by a health board pursuant to section 6 of the Act, the application shall be brought in the county where any party on whose behalf the application is made ordinarily resides or where the place in relation to which the application for a Barring Order is made is situate.

An application for the making, varying or discharging of a Barring Order or Safety Order shall be instituted by the issuing of a Domestic Violence Civil Bill in the form specified at Form 20 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate in the circumstances.

An application for a Protection Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order or Safety Order and an application for an interim Barring Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order and such applications shall be grounded upon an affidavit to be sworn by the applicant or such other person as may be appropriate. An application for the discharge or variation of a Protection Order or interim Barring Order made pursuant to this Rule shall be by Motion on Notice or by ex parte application and shall be grounded upon an affidavit to be sworn by the respondent or such other person as may be appropriate. Urgent applications under this Rule may be made to a Judge at any time or place approved by him or her, by arrangement with the County Registrar.

Every Domestic Violence Civil Bill under Rule 3 of this Order shall be entered in the Office before service and a date for the hearing of same or a date upon which a date for hearing shall be fixed by the Court shall be obtained.

Every Domestic Violence Civil Bill under Rule 3 of this Order shall state the date upon which the application shall be listed for hearing or shall state the date upon which a date for hearing shall be fixed by the Court. For the purpose of obtaining an expeditious hearing of such application, the same may be set down for hearing at any sitting of the Court within the Circuit.

Every Domestic Violence Civil Bill under Rule 3 and every Notice of Motion and every ex parte docket shall be dated and bear the name, address and description of the applicant and shall be signed by the applicant or by the applicant's solicitor.

Every Domestic Violence Civil Bill under Rule 3 and every Notice of Motion under Rule 4 shall be served at least four clear days before the date scheduled for the hearing thereof, either personally in accordance with the provisions or Order 11 of these Rules, or alternatively, by leaving a true copy of the same at the respondent's residence. In the event that there is no Summons Server assigned to the relevant area any person over the age of twenty-one years shall be deemed to be an authorised person for the purpose of the service of such Domestic Violence Civil Bill or Notice of Motion. An Affidavit of Service of every Domestic Violence Civil Bill under Rule 3 and every Motion on Notice under Rule 4 shall be sworn and shall be handed in at the hearing of the application or Motion.

Save by special leave of the Court, all applications made ex parte or by Motion on Notice for an interim Barring Order or Protection Order or for the variation or discharge of same pursuant to Rule 4 hereof shall be heard on affidavit evidence only and where, by leave of the Court, any oral evidence is heard by the Court in the course of such applications ex parte, a note of such evidence shall be prepared by the applicant or the applicant's solicitor or the health board or the solicitor for the health board and approved by the Judge, unless otherwise directed by the Court Save by special leave of the Court, all applications for a Barring Order or Safety Order and all applications for a variation or discharge of any Barring Order or Safety Order pursuant to Rule 4 hereof shall be heard on oral evidence.

Any application for a Barring Order or Safety Order may be joined together with any other application on the same Notice or application.

On the making, varying or discharging of a Barring Order, a Safety Order, an interim Barring Order or a Protection Order, the County Registrar shall cause a copy of the Order in question to be given or sent as soon as practicable to the applicant, to the respondent, to the health board where application was made by a health board pursuant to section 6 of the Act, to the member of the Garda Síochána in charge of the Garda Siochana station for the area in which is situate the place in relation to which the application for the Barring Order or interim Barring Order was made or the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person for whose benefit the safety order or protection order was made resides or such other area as the Court shall deem appropriate and to such other persons as are specified in section 11 of the Act. Where an interim Barring Order or Protection Order is made ex parte, the copy Order sent to the respondent spouse shall have enclosed therewith a copy of the affidavit upon which the application was grounded and a copy of the approved note of any oral evidence heard in the course of such application, unless otherwise ordered by the Court.

No stamp duty shall be payable in respect of any applications brought under the 1996 Act.

In this Order “the Act” means the Data Protection Act, 1988 (No. 25 of 1988), and “the Commissioner” has the meaning assigned to it by section 9 of the Act.

All appeals to the Circuit Court for the reliefs set out in section 26 of the Act shall be made by way of Motion on Notice grounded upon Affidavit sworn by the appellant which said Affidavit shall exhibit

Appeals shall be brought in the County where the appellant ordinarily resides or carries on any profession, business or occupation or, at the option of the appellant, in Dublin.

Notice of every appeal shall be given to the Commissioner in accordance with the time limits specified in the Act. Such notice shall be effected before filing of the appeal by the delivery of a copy of the appeal at, or by sending the same by prepaid registered post to, the Office of the Data Protection Commissioner.

All appeals under Section 26 of the Act shall be heard upon Affidavit evidence only, save where the Court shall otherwise direct.

The Court may, upon application to it by any party to an appeal, direct that such other person or persons be joined as Notice Party(ies) to the appeal as the Court shall deem fit upon such terms as the Court shall direct.

The Court may make such Order as to costs as may be appropriate.

In the case of a judgment or order of the Circuit Court sought to be enforced in another contracting state, the County Registrar shall, at the request of an interested party, give such party a copy of the order or decree and written judgment (if any) of the Court, duly authenticated by the Seal of the Court impressed thereon and the signature of the County Registrar.

An application for a certificate pursuant to Section 14 (b) of the 1998 Act shall be made on Affidavit to the County Registrar, which Affidavit shall:

The certificate provided pursuant to Section 14 (b) of the 1998 Act shall be in accordance with Form 40 in the Schedule of Forms and shall be signed by the County Registrar and shall be authenticated by the seal of the Court and have annexed to it a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.

In the case of a judgment in default of appearance, the affidavit grounding an application under Rule 2 above shall, in addition, for the purpose of applying for a document certified under Section 14(c) of the 1998 Act, exhibit a certified true copy of the affidavit or document, with any exhibit thereto, which establishes that notice of the institution of proceedings was served on the person in default and the County Registrar shall certify that the said document is a true copy of the document relied upon by the Court on giving judgment.

In Rules 1 to 5, “Case Stated” means a case stated, or when the context so requires, proposed to be stated, pursuant to Section 16 of the Courts of Justice Act, 1947 .

It shall be the duty of the party appointed by the Court to have carriage of a Case Stated, or in the absence of such appointment, of the party who requests that a case be stated, without delay to prepare and submit to any other party to the case, a draft of the case for the agreement of every such other party.

The Judge may give such directions in relation to the preparation of the Case Stated as may be appropriate, and the cause or matter shall stand adjourned before the Judge for such limited period as the Judge may allow for the preparation and agreement of the case. It shall be the duty of the party having carriage of the case to submit a draft of the case as agreed, or in default of agreement, as prepared by him to the County Registrar for the Judge not less than ten days before the adjourned date.

In the event that no agreement has been reached, or that no draft has been prepared or submitted within the time allowed, the Judge may refuse to state a case or adjourn the matter for a further short period and the decision of the Judge shall be final. In any event the Judge may, if he sees fit himself, fix the terms of the case and state and sign the same accordingly. The Judge may make such Order in relation to the costs of the preparation of the case and the appearances before him as he may deem appropriate.

As soon as the Case Stated shall have been signed it shall be lodged with the County Registrar for transmission to the Supreme Court.

This Rule and the subsequent Rules apply to a Revenue case stated, or where the context so requires, proposed to be stated, by the Judge, pursuant to Section 428 of the Income Tax Act, 1967, as applied by Section 430 of the same Act.

The party who requires the Judge to state a case shall forthwith send to the appellant or the inspector, as the case may be, a copy of the notice required under Section 428 (2) of the Income Tax Act, 1967 .

It shall be the duty of the party who requires such a case to be stated to prepare a draft of the same and within three months from the date of determination of the Judge to send the said draft to the County Registrar for transmission to the Judge, and to send a copy thereof to the appellant or inspector, as the case may be.

In the event of failure to comply with the provisions of Rule 8, the successful party, whether the appellant or inspector, shall be at liberty himself to prepare a draft of the case stated and to send the same to the County Registrar for transmission to the Judge, in which event a copy of such draft shall be sent to the party who has requested the statement of the case.

In the event that no draft case stated has been sent by either party to the Judge within 6 months of the date of the notice required under Section 428 (2) of the Income Tax Act, 1967 , the Judge may himself fix the terms of the case stated and state and sign the same accordingly, and in the alternative, may extend the time for the preparation of a draft of the case and notify the party requesting that a case be stated that unless a draft is submitted within such extended time, he may regard the said request as having been irrevocably withdrawn, and in the event that no draft is submitted within such extended time, the Judge may accordingly treat the said request as having been irrevocably withdrawn, and may refuse to state any case, unless he is satisfied that there are reasonable grounds for the delay and the decision of the Judge shall be final.

An Order made by a Judge of the Circuit Court pursuant to Section 31 of the Courts Act, 1981 transferring the trial of a person charged with an indictable offence to the Circuit Court sitting within the Dublin Circuit shall specify the following:—

The Order of the Circuit Court transferring the trial shall be in the form set out at Form 39 of the Schedule of Forms.

If the Order transferring the trial is made during a Sitting of the Circuit Court within the Dublin Circuit the case shall be transferred to that Sitting subject to Rule 4 of this Order.

If the Order transferring the trial is made during the last two weeks of a Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

If the Order transferring the trial is made when there is no Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

When an Order of the Circuit Court transferring a trial is made the County Registrar shall forward within 3 days from the date of the makings of the said order, the said order and all relevant documents to the County Registrar for the County and City of Dublin.

Order 67 Rule 16 shall not apply to this Order.

Except where permitted by these Rules, no motion shall be made without notice to the parties affected thereby but the Judge or the County Registrar, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as he may think just. Any party affected by such order may move to set it aside.

Except where otherwise provided by these Rules, or unless the Judge gives special leave to the contrary, there must be at least four clear days between the service of a notice of motion and the day named in the notice for hearing the motion.

Any affidavits to be used in support of any motion on notice shall be mentioned in the notice of motion and copies thereof shall be served therewith and no such affidavit shall be used without the leave of the Judge unless the same shall have been filed.

The Judge or the County Registrar as appropriate may, on such terms as he considers just, at any stage of the proceedings, allow any party to amend or alter his pleading or other document, or may disallow any amendment already made, or may amend any defect or error in any proceeding, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Any pleading or other document may be amended by written alterations in the copy which has been served, and in the copy which has been filed, and by additions on paper to be interleaved therewith if necessary. Whenever any amendment has been made, the amended document shall be indorsed in manner following, viz: “Amended the day of pursuant to Order dated the day of” and all such amendments shall be underlined in red.

Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Judge or the County Registrar as appropriate on motion on notice to the party sought to be affected by such correction.

Save as otherwise provided by Statute, or by these Rules, the granting or withholding of the costs of any party to any proceeding in the Court shall be in the discretion of the Judge or the County Registrar as the case may be.

An award of costs or expenses made in relation to any proceedings in the Court shall include any sum payable by the party in favour of whom such an award is made by way of value added tax on such costs or expenses where and only where such party establishes that such sum is not otherwise recoverable.

The costs of any ex parte or other application, motion, or order may be awarded by the Judge irrespective of the final judgment in the proceeding, or may be made costs in the proceeding, or may be reserved to be dealt with on the conclusion of the proceeding.

Costs awarded in any proceeding against two or more persons or parties shall have effect against, and be payable by, them severally as well as jointly unless the Judge otherwise orders.

The award of costs in any case shall include witnesses' expenses unless disallowed in whole or in part by the Judge. Such expenses shall be measured by the Judge or where the Judge so directs by the County Registrar, subject to an appeal to the Court.

All costs directed to be taxed shall be taxed by the County Registrar (who for that purpose shall have all the powers of a Taxing Master of the High Court) subject, as to every item, including outlay and Counsel's fees, to an appeal to the Court notice of which shall be given within ten days from the conclusion of the taxation.

No costs other than actual and necessary outlay shall be allowed or awarded to any party unless a Solicitor has been instructed to conduct the proceedings on his behalf.

Where costs or expenses are awarded, the party to whom such costs or expenses have been awarded shall deliver a bill of such costs or expenses, and give at least seven days' notice of taxation for a day and hour to be fixed (generally or specially) by the County Registrar, and such party may include in such bill all such payments as have been necessarily and properly made by him and all such reasonable charges and expenses as appear to have been properly incurred in procuring evidence, provided that the party to whom such bill has been furnished may tender a sum of money in discharge of such bill, and if such tender is refused and the amount of such bill when taxed shall not exceed the sum tendered, the costs of taxation shall be borne by the party claiming on foot of such bill. There shall be included in every Bill of Costs which contains a claim in respect of value added tax, the registered number allocated by the Revenue Commissioners to the person to whom such value added tax is payable, together with a statement as to whether the party claiming on foot of such Bill is or not registered for the purpose of value added tax. Where such party is registered there shall be included a statement explaining why such value added tax is not otherwise recoverable.

In any taxation of costs, wherever any items appear for disbursements, the same shall be properly vouched before the County Registrar, save that this Rule shall not be construed so as to prevent the taxation of items in respect of costs and charges which have been incurred but which remain unpaid.

In undefended proceedings the costs to be allowed to the plaintiff in cases within the jurisdiction of the District Court, shall be those which would have been recoverable in that Court, with the addition of such actual and necessary outlay as may be allowed.

In defended proceedings in which the relief granted could have been obtained in the District Court, the costs to be allowed to the plaintiff shall be those which would have been recoverable in that Court with the addition of such actual and necessary outlay as may be allowed, provided always that the Judge may in such a case withhold costs if of opinion that the case was one proper to have been prosecuted in the District Court. In cases where the relief claimed is within the jurisdiction of the District Court, and the action is dismissed, the defendant may be allowed costs as directed by the Judge.

Nothing in this Order shall limit or affect the right of a Solicitor to charge costs as between Solicitor and Client for work done or professional services rendered.

The Judge may for special cause order that the costs, as between party and party, of any proceeding be taxed on a scale higher than that otherwise applicable. Such special cause shall be stated in the decree or order.

The costs mentioned in Rule 6 of Order 5 shall be payable by a defendant after the issue of a Civil Bill although he has paid or tendered the amount of the plaintiff's demand to the plaintiff or his Solicitor before such Civil Bill be served upon him.

The costs awarded shall in every instance be exclusive of and in addition to all such actual and necessary outlay as may be allowed.

A counterclaim shall be deemed to be a proceeding within the meaning of Rule 1 of this Order.

Where judgment is entered in favour of a defendant who has lodged in Court a sum in satisfaction of the plaintiff's claim the Judge may allow to the defendant, in addition to the appropriate costs, a reasonable sum to cover the costs of lodgment and withdrawal.

Save where otherwise provided by these Rules, Counsel's fees shall be such as the Court or the County Registrar shall deem proper and appropriate.

Where judgment has been entered in any proceeding, and the same is registered under the provisions of the Courts of Justice Act, 1924 , or the Circuit Court (Registration of Judgments) Act, 1937 , there may be allowed in addition to the appropriate costs of such proceeding, a reasonable sum in addition to outlay, in respect of such registration. On production to him of proof of the registration of such judgment, the County Registrar shall add the amount of such sum and outlay to the amount of the decree or order. Such sum and outlay shall not be allowed by the County Registrar, or by the Court on appeal from him, unless it shall be held that such registration was reasonable.

Costs in proceedings within the provisions of Section 48 (1) of the Courts of Justice Act, 1924 shall be taxed according to the appropriate High Court scale for the time being in force and the Rules applicable thereto, less one-fifth, together with actual and necessary outlay, witnesses expenses where allowed by the Court, and such fees for Counsel as, having regard to the nature of the proceedings and the issues involved, the County Registrar may allow.

In all actions for libel the costs shall be taxed in such manner as the County Registrar or a Judge at the hearing of the action or on appeal from taxation shall determine.

Where under Statute a special scale of costs is prescribed, such special scale shall apply.

Where the proceedings are for the return of a specific chattel, with or without an alternative claim for damages, or where there is in any equity or other case difficulty in ascertaining or applying the appropriate scale, the Judge may at the hearing for the purpose of the taxation of costs, determine the value of such chattel or the subject matter of the proceedings. In any case in which the Judge shall not have determined such value, the County Registrar may, subject to an appeal to the Court, determine the same. Provided always that in equity suits or proceedings, during the conduct of which any land the subject matter thereof has not been sold, the value of such land shall be taken to be the market value thereof as determined by the Court or the County Registrar.

Proceedings by the owner of a chattel against the hirer thereof under a hire-purchase agreement, for the recovery or return of the same, shall, for the purpose of the measurement or taxation of the costs, be deemed to be an action in contract in which the amount sued for is the amount of the instalments due and unpaid under the agreement at the date of commencement of the proceedings.

Where the Judge or the County Registrar is of opinion that there is no appropriate scale of costs, the Judge or the County Registrar may measure such sum for costs as is considered reasonable. An appeal shall lie to the Court from any decision of the County Registrar under this Rule.

The Solicitor for any party applying in the Office for the issue or renewal of an execution order shall be entitled, as and for the costs of the same, to a reasonable sum in addition to outlay, together with the costs allowed by the decree or order, execution of which is sought.

For the purpose of the taxation or measurement of costs, the following proceedings shall be deemed to be Equity proceedings:—