LegalizeS.I. No. 462/2026 - Circuit Court Rules (Defamation) 2026
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 8th September, 2026.
We, the Circuit Court Rules Committee, by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 , section 70 of the Courts of Justice Act 1936 (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , with the concurrence of the Minister for Justice, Home Affairs and Migration, make the following Rules of Court.
Dated this 16^th day of June 2026.
| Patricia Ryan | ___ | Chairperson |
| Sinéad Ní Chúlacháin | ___ | |
| Tracy Ennis Faherty | ___ | |
| Siún Hurley | ___ | |
| Patricia Hickey | ___ | |
| Rory Hanniffy | ___ | |
| James Finn | ___ |
I concur in the making of the above Rules of Court.
Dated this 2^nd day of September 2026.
Signed:
JIM O’CALLAGHAN
Minister for Justice, Home Affairs and Migration
1.(1) These Rules, which may be cited as the Circuit Court Rules (Defamation) 2026, shall come into operation on the 30^th day of September 2026.
- (2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2026.
- (3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2026.
These Rules shall apply in proceedings commenced from the date on which these Rules come into operation.
The Circuit Court Rules are amended:
- (i) by the insertion immediately following rule 11 of Order 5C of the following captions and rules:
“Identification Orders
12.(1) An application under section 45 of the Act shall be made by originating notice of motion in which the person seeking the order shall be named as applicant and the relevant intermediary service provider as respondent, grounded upon an affidavit sworn by or on behalf of the applicant, and the respondent shall be at liberty to file and deliver an affidavit in reply.
- (2) On the return date of the motion under sub-rule (1) (or on any adjournment from such date), the Court shall give directions and make orders for the conduct of the proceedings on the application as appear convenient for the determination of the application in a manner which is just, expeditious and likely to minimise the costs of those proceedings.”, and
- (ii) by the insertion immediately following rule 12 of Order 33A of the following rule:
“13. Every statutory declaration required by section 34K(2) of the Defamation Act 2009 (which may, where necessary, incorporate any statement required by section 14(2) of the 2017 Act) shall be filed in the Office and a copy served on the defendant.”.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules amend Order 5C by providing for an application for Identification Orders under section 45 of the Defamation Act 2009 . These rules also amend Order 33A by providing for the filing and service of a statutory declaration under section 34K(2) of the said Act.
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