IE
13/07/1926: High Court and Supreme Court Rules
Table of Provisions (15)
Statutory Text (15 Articles)
1. In these rules the expression "the Act" shall mean the
Courts of Justice Act, 1924
, the expression "the High Court" shall mean the High Court or a Judge thereof, save where the decision of two Judges is required by the Act, and the expression "the Master" shall mean the Master of the High Court.
2. All provisions in the Rules of the Supreme Court (Ireland), 1905, regarding the Chief Crown Solicitor or Crown Solicitors, shall apply, wherever applicable, to the Chief State Solicitor and State Solicitors respectively.
3. All provisions in the Rules of the Supreme Court (Ireland), 1905, regarding the Court of Appeal, the Lord Chancellor, the High Court of Justice, or either Division thereof, or the County Court, shall apply, where the context so requires, to the Supreme Court, the Chief Justice, the High Court, and the Circuit Court respectively.
4. References in any statute or enactment now in force to any writ, petition, order or other legal process shall in the application of such statute or enactment be construed as reference to the corresponding legal process provided by the Act or by these Rules.
ORDER XXXVIII. Time.
The Court shall have power to enlarge or abridge the time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered, although the application for the same is not made until after the expiration of the time appointed or allowed.
ORDER XXXIX. Date of Commencement.
These Rules shall come into operation on the 1st October, 1926, if the same shall have been then approved by Resolutions of both Houses of the Oireachtas, but if not then approved, then as soon as the same shall have been so approved.
APPENDIX 1.
FORMS.
No. 1.
ORIGINATING SUMMONS—PLENARY.
SAORSTÁT EIREANN.
19 No.
HIGH COURT OF JUSTICE.
BETWEEN:—
A.B.
Plaintiff.
and
C.D.
Defendant.
To the said Defendant C.D.
of in the County of
This Plenary Summons is to require you that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by Solicitor do enter an appearance in the Central Office, Courts of Justice, Dublin, in the above action; and TAKE NOTICE that in default of your so doing, the Plaintiff may proceed therein and judgment may he given in your absence.
Witness—
Chief Justice of the Irish Free State.
The
day of
in the year of our Lord, 19 .
N.B. —This Summons is to he served within twelve calendar months from the date hereof, and, if renewed, within six calendar months from the last renewal, including the day of such date and not afterwards.
The Defendant, may appear hereto by entering an appearance either personally or by Solicitor at the Central Office, Courts of Justice, Dublin.
GENERAL INDORSEMENT OF CLAIM.
The Plaintiff's claim is
This Summons was issued by [
the said Plaintiff who resides at (state address accurately) and is and whose address for service is or
] E.F., whose registered place of business is
Solicitor for the Plaintiff who resides at
This Summons was served by me at on the
Defendant on day the day of
19
Indorsed the day of 19
(Signed)
(Address)
No. 2.
ORIGINATING SUMMONS—SUMMARY indorsed with a claim under Order III., Rule 1 (i) or (ii)
SAORSTÁT EIREANN.
19 No.
HIGH COURT OF JUSTICE.
BETWEEN:—
A.B.
Plaintiff
and
C.B.
Defendant.
To the said Defendant C.B.
of in the County of
This Summary Summons is to require you that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by Solicitor do enter an appearance in the Central Office, Courts of Justice, Dublin, in the above action or matter; AND TAKE NOTICE that if you do enter such appearance, due notice of the day and hour of the hearing of this Summons will be delivered at the address for service named in the Memorandum of Appearance, but if you do not enter such appearance, the Plaintiff may proceed in the said action or matter and judgment therein be given in your absence without further notice.
Witness—
Chief Justice of the Irish Free State,
the
day of
in the year of our Lord 19.
N.B. —This summons is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date and not afterwards.
The Defendant may appear hereto by entering an appearance either personally or by Solicitor at the Central Office, Courts of Justice, Dublin
SPECIAL INDORSEMENT OF CLAIM.
The Plaintiff's claim is
(Signed)
When the Plaintiff's claim is for a liquidated demand only, add indorsement for costs (if any) prescribed by Order (iv), Rule 3, and £ for costs and upon payment of £ for demand and £ for costs within eight days after service, further proceedings will be stayed
.
This Summons was issued by
[the said Plaintiff who resides at (state address accurately) and is and whose address for service is or
] E.F., whose registered place of business is
Solicitor for the Plaintiff who resides at
This Summons was served by me at
on the Defendant on day the
day of 19 .
Indorsed the day of 19 .
(Signed)
(Address)
No. 3.
ORIGINATING SUMMONS—SUMMARY endorsed with a claim under Order III., Rule 1 (iii) or (iv).
19 No.
SAORSTÁT EIREANN.
HIGH COURT OF JUSTICE.
In the matter of the Blackacre Estate
settled by Settlement, etc.
and
In the matter of the Settled Land Acts, 1882 to
1890
or
In the matter of the Trusts of the Will, etc.
and
In the matter of the Trustee Act, 1893,
[or as the case may be]
BETWEEN
A.B.
Plaintiff
and
C.D.
Defendant
[
or if not inter partes
].
On the application of A.B.
To [
insert name and address of Defendant or Respondent (if any)
]
of in the County of
This Summary Summons is to require you to attend before the Master at the Courts of Justice, Dublin, on the day of at o'clock in the forenoon at the hearing of this Summary Summons issued on the day of ,and if yon do not attend in person or by solicitor at the time and place aforesaid, such order will be made, and proceedings taken as the Master may think just and expedient.
Witness—
Chief Justice of the Irish Free State,
the
day of
in the year of our Lord 19.
N.B.—This Summons is required to be served not less than four days before the return day mentioned therein (exclusive of the day of service).
SPECIAL INDORSEMENT OF CLAIM.
The Plaintiff's claim is
Schedule of Affidavit or Affidavits intended to be used by the Plaintiff or Applicant on the hearing of the Summons.
This Summons was issued by [
the said Plaintiff or Applicant, who resides at (state address accurately) and is
and whose address for service is
or
] E.F., whose registered place of business is
Solicitor for the said Plaintiff or Applicant, who resides at
This Summons, etc. (as in Form No. 2. If no service, strike out).
APPENDIX. II.
PART I.
COSTS AND FEES IN HIGH COURT AND SUPREME COURT PROCEEDINGS.
SUMMONSES, ETC.
£
s
d
1.
Originating Notice or Originating Summons for the commencement of any proceedings to include attendance to get Notice or Summons sealed, to file duplicate and to get copy for service stamped ... ... ... ... ... ...
1
0
0
2.
And for indorsement of claim, if of special difficulty ... ... ... ... ... ...
0
5
0
3.
Copy to lodge ... ... ... ... ... ...
0
3
0
4.
If of unusual length an alternative charge shall be allowed for each folio ... ... ... ...
0
0
6
5.
Concurrent Summons or Notice ... ... ...
0
7
6
6.
Renewal of a Summons ... ... ... ...
0
7
6
7.
Notice of a Summons for service in lieu of Summons out of Jurisdiction ... ... ... ...
0
6
0
8.
Citation, Probate or Matrimonial ... ...
0
15
0
9.
Order for attendance ad testificandum with duces tecum ... ... ... ... ... ...
0
10
0
10.
Order or Notice of subpœna ad testificandum for any number of persons not exceeding three, and the same for every additional number not exceeding three ... ... ... ... ...
0
7
6
11.
Order for execution, or other Order to enforce any judgment or for Order for Inquiry ... ...
0
10
0
12.
Procuring an Order of execution or Notice to the Sheriff marked with a Seal of renewal ...
0
7
6
13.
Notice thereof to serve on Under Sheriff ... ...
0
5
0
14.
Any Summons not included in the above ...
0
10
0
In case of any of the foregoing Summonses or Orders being of unusual length an alternative charge shall be allowed for each folio of necessary matter of ... ... ... ... ...
0
1
6
These fees include all certificates at foot and indorsements and copies of praecipes for the officer sealing them, and attendances to issue or seal, and all things requisite to complete the Summons, Order or Process, but not the Court fees. Parchment, where necessary, an additional 1s. 6d. ... ... ... ...
—
15.
Summons or Notice to attend before Master ...
0
5
0
16.
Or if special, at Taxing Master's discretion, not exceeding ... ... ... ... ... ...
0
15
0
17.
Copy for the Master when required ... ...
0
3
0
18.
If of unusual length an alternative charge shall be allowed for each folio of necessary matter of ...
0
0
6
19.
Indorsing summons and copies when parties not served before return day under Order 55, Rule 25 ... ... ... ... ... ...
0
7
6
20.
Summons to Tax ... ... ... ... ...
0
5
0
21.
Each necessary copy ... ... ... ... ...
0
1
6
SERVICES NOTICES AND DEMANDS.
22.
For marking names of parties to be served on any notice, summons, or document served through the Central Office, when the same is not accompanied by a notice of transmission
0
3
9
23.
Service of any summons, interrogatories, order, notice, demand, or other document (not being an Originating Summons or citation) on a party who has entered an appearance, if not authorised to be served through the central office ...
0
3
0
24.
Service of any Summons, citation, interrogatories, petition, order, or notice, on a party who has not entered an appearance (not authorised to be served by post or through the Central Office or service of an Order of Subpoena ad test or duces tecum :—
In the City of Dublin ... ... ... ...
0
10
0
In any other City ... ... ... ...
0
10
0
In the County of Dublin from 10s. to ...
1
0
0
In other Counties from 10s. to ... ...
1
10
0
If lodged in lieu of service ... ... ...
0
5
0
25.
Where, in consequence of the distance of the party to be served, it is proper to effect such service through an agent, for correspondence, in addition ... ... ... ... ... ...
0
7
6
Where more than one attendance is necessary to effect service or to ground an application for substituted service, and in the other cases within Rule 56 of Order LXV., such further allowance may be made as the Taxing Master shall think just.
26.
For service out of the jurisdiction the proper and necessary costs thereof.
27.
If service by post be authorised not through the Central Office ...
0
3
4
Not to exceed for any number of services of the same document on different persons ...
Where any two or more documents shall be served together, one fee only for service is to be allowed.
In addition to the above fees the following allowances are to be made :—
28.
As to Summonses, for copy for service, for each folio of necessary matter ... ... ... ...
0
0
6
29.
As to Summons to attend before the Master, for each copy to serve ... ... ... ... ...
0
1
6
30.
Or for each folio of necessary matter ... ...
0
0
6
31.
As to notices in proceedings to wind up companies, for preparing or filling up such notice to creditors to attend and receive debts, and to contributions to settle list of contributions ...
0
1
6
32.
And for preparing or filling up each notice to contributories to be served with a general order for a call or an order for payment of a call ...
0
1
6
33.
And for drawing notice to be served on contributories or creditors of a meeting, per folio, of necessary matter ... ... ... ... ...
0
1
6
34.
For each copy of the last-mentioned notice to serve, per folio ... ...
0
1
6
35.
For preparing or filling up for service in any other cause or matter each notice to creditors to prove claims, and each notice that drafts may be received, specifying the amount to be received for principal and interest and costs, if any
0
1
6
36.
For preparing notice to produce or admit on trial or hearing of action, not exceeding ... ...
0
5
0
37.
If special or of unusual length an alternative charge shall be allowed for each folio of necessary matter of ... ... ... ... ... ...
0
1
0
38.
And for each copy such allowance as may be reasonable, not exceeding per folio of necessary matter ... ... ... ... ... ...
0
0
6
39.
For preparing notice of motion, not exceeding ...
0
5
0
40.
Or at Solicitor's option for each folio of necessary matter ... ... ...
0
1
0
41.
Copy for service ... ... ... ... ...
0
1
6
42.
Or at Solicitor's option foreach folio of necessary matter ... ... ...
0
0
6
43.
For preparing any necessary or proper notice not otherwise provided for ... ... ... ...
0
2
6
44.
If special or of unusual length an alternative charge shall be allowed for each folio of necessary matter of ... ... ... ... ... ...
0
1
0
45.
And for each copy for service, per folio ...
0
0
6
46.
Copies for service of interrogatories and petitions,and of orders with necessary notices (if any) to accompany, per folio ... ...
0
0
6
In proceedings to wind up a company the usual charges relating to printing shall be allowed in lieu of copies for service where the fee for copies would exceed the charges for printing, and amount to more than £5.
APPEARANCES.
47.
Entering any appearance ... ... ... ...
0
10
0
48.
If entered at one time for more than one person, for every person beyond three ... ... ...
0
1
6
49.
If a person appearing to a Summons to recover land limits his defence by his memorandum of appearance, in addition to the above ... ...
0
7
6
50.
Search for appearance when time limited therefor has expired ...
0
5
0
INSTRUCTIONS.
51.
To institute or defend any proceeding ... ...
0
10
0
52.
For citation or for inventories ... ... ...
0
10
0
53.
For petitions or answers in matrimonial matters
0
10
0
54.
For statement of claim or special case ...
0
15
0
55.
For statement or further statement of defence ...
0
10
0
56.
For counter-claim ... ... ... ... ...
0
10
0
57.
For reply by plaintiff when defendant sets up a counterclaim ... ...
0
15
0
58.
For reply or further reply in any other case by plaintiff or other person, with or without joinder of issue ... ... ... ... ...
0
10
0
59.
For confession of defence ... ... ... ...
0
10
0
60.
For joinder of issue without other matter ...
0
10
0
61.
For special petition, any other pleading (not being a summons), and interrogatories for examination of a party or Witness ... ... ...
0
10
0
62.
To amend any pleading ... ... ... ...
0
10
0
63.
For affidavits in answer to interrogatories and other special affidavits ... ... ... ...
0
10
0
64.
To appeal or defend appeal ... ... ... ...
1
0
0
65.
To add parties ... ... ... ... ...
0
10
0
66.
For Counsel to advise on evidence, when the evidence in chief is to be taken orally ...
0
10
0
67.
Or, in cases of difficulty, not to exceed ... ...
1
0
0
68.
For Counsel to make any application to a Court, Judge or Master, where no other brief ...
0
10
0
69.
For brief on motion for special injunction ... ...
1
0
0
70.
For brief on hearing or trial of action, upon notice trial, or notice for judgment given, whether such trial be before a Judge, with or without a Jury, or on trial of an issue of fact before a Judge or Commissioner, or on an inquiry before the Master, or on assessment of damages not exceeding ... ... ... ... ... ...
1
11
6
The fees for instructions for brief are to apply to a hearing on further consideration, only when the order for accounts or inquiries was made without such hearing or trial as above-mentioned, or the party to be charged has not appeared on a previous hearing or trial of the action.
72.
For accounts, charges and discharges, and statements to lodge, and reports in Admiralty, if any ... ... ... ... ... ...
0
10
0
73.
Or such further reasonable sum as the Taxing
Master may on special grounds allow, having regard to the nature and importance of the case, but, unless otherwise ordered by the Court, a Judge, or the Master, not to exceed ...
7
10
0
74.
For Receivers accounts (including affidavit to verify) where necessary ... ... ... ...
0
10
0
75.
Or such further reasonable sum as the Taxing
Master may on special grounds allow, having regard to the nature and importance of the case, but, unless otherwise ordered by the Court or a Judge, or the Master, not to exceed
7
10
0
DRAWING PLEADINGS AND OTHER DOCUMENTS.
76.
Statement of Claim when not endorsed on Summons, or, in probate and matrimonial causes and matters, petition ... ... ... ...
0
10
0
77.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...
0
1
6
78.
Statement of Defence ... ... ... ...
0
7
6
79.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...
0
1
6
80.
Statement of Defence and Counter-claim ...
0
7
6
81.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...
0
1
6
82.
Reply, with or without joinder of issue, confession of defence, joinder of issue without other matter, and any other pleading (not being a petition or summons) and amendments of any pleading
0
7
6
83.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...
0
1
6
84.
Pleadings in the Probate and Matrimonial Division
0
10
0
85.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...
0
1
6
86.
Particulars, breaches. and objections when required, and one copy to deliver ... ...
0
7
6
87.
Or such amount as may be reasonable not exceeding per folio of necessary matter ... ...
0
1
0
88.
If more than one copy to be delivered, for each other copy, per folio ... ... ... ...
0
0
6
89.
Special case, whether original or in an action, affidavits in answer to interrogatories and affidavits to be used on the trial of an action to be tried in whole or in part on affidavit and other special affidavits , petitions, and interrogatories, per folio of necessary matter ...
0
1
6
90.
Certificate of service of citation ... ... ...
0
4
0
91.
Preparing each memorandum of exhibit for marking by a Commissioner or Officer of the Court ...
0
1
6
92.
Drawing instrument to be filed in or issued from the Registry of the High Court (Probate) for which no other fee is herein allowed, per folio
0
1
6
93.
Case for motion in probate and matrimonial actions, causes and matters, including copy for Judge
0
15
0
94.
Drawing motion docket on ex parte application to the Master ... ...
0
5
0
95.
Drawing request to the Master to enter Summons or Motion for hearing an appearance having been entered ... ... ... ... ...
0
7
6
96.
Drawing Notice of hearing of Summons before the Judge ... ... ...
0
5
0
97.
Drawing brief for trial or on hearing of cause, or issue of fact, assessment of damages, Admiralty reference, examination of witnesses, special case or petition before a Court or Judge, Commissioner, or Officer of the Court, when necessary and proper, to comprise necessary and proper observation, per folio ... ... ... ...
0
1
0
98.
Brief on application to add parties ... ...
0
10
0
99.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
1
0
100.
Brief on further consideration per sheet of ten folios ... ... ... ...
0
10
0
101.
For drawing and engrossing ordinary affidavit, consent, undertaking, or admission, if five folios or under ... ... ... ...
0
7
6
102.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
0
9
103.
Accounts, statements, and other documents for Master's office, or Admiralty Registry, when required ... ... ... ... ... ...
0
6
0
104.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
1
0
The Taxing Master may, in lieu of the above rate per folio, allow a reasonable bulk sum, having regard to the allowance for instructions.
But not to exceed altogether, either for folio or other charge £25, unless the Court or Judge or Master authorises a larger charge.
When an affidavit is annexed to a document merely to verify or identify it, the entire is to be considered as one document for the purpose of charge, and no separate fees to be allowed for attendance, draft, engrossment, copy, or signature.
105.
Advertisements to be signed by Master, Registrar, or Clerk in Court, including attendance therefor
0
10
0
106.
Drawing Notice for Gazette or newspaper to a corporation or public body,of issuing of a Summons ... ... ... ... ...
0
7
6
107.
For each necessary copy ... ... ... ...
0
1
6
108.
For drawing and engrossing recognizance ...
0
15
0
109.
Preparing common bond and warrant ... ...
1
0
0
110.
Drawing and engrossing satisfaction piece and affidavit ... ... ...
0
10
0
111.
Bill of Costs for taxation, including copy for the Taxing Master for every item ... ... ...
0
0
2
112.
Drawing Case for Counsel, if not more than six folios ... ... ... ...
0
10
0
113.
For each subsequent folio ... ... ... ...
0
1
0
114.
Copy per folio where necessary ... ... ...
0
0
6
Note.—The draft of a case for proofs, when necessary, may be allowed, if the brief for trial is not afterwards made. Copies of pleadings, and documents sent to Counsel with the case for proofs, and copies of documents sent to Counsel with draft pleadings and the like, must be afterwards incorporated with the briefs for trial or hearing, or on motions, if the same be requisite for such briefs; provided that in special cases where such incorporation is not practicable, the Taxing Master shall be at liberty to allow for such copies, or any of them, as he may think just.
115.
Certificate of Taxation and all copies ... ...
0
7
6
116.
Drawing assignment of judgment, ten folios or under ... ... ... ...
0
15
0
117.
Engrossing ... ... ... ... ... ...
0
15
0
118.
Drawing and engrossing memorial thereof ...
0
10
0
Note.—The fee for drawing a document includes instructions in all cases where a separate fee for instructions is not hereby allowed, and includes in all cases a copy for use or for settlement by Counsel.
COPIES.
119.
Briefs of all proper and necessary documents, other than printed documents, at per folio ...
0
0
6
Duplicate copies made by carbon or otherwise, if legible ... ... ...
0
0
3
120.
Copies of documents, not printed, where no other provision is made, at per folio ... ... ...
0
0
6
Duplicate copies made by carbon or otherwise, if legible ... ... ...
0
0
3
121.
Where, pursuant to Rules of Court, any pleading, special case, or evidence is printed, the Solicitor of the party printing shall be allowed for a copy for the Printer (except when made by the Officer of the Court),at per folio ... ...
0
0
6
122.
And for examining the proof print, at per folio ...
0
0
3
123.
And for printing, the amount actually and properly paid to the Printer, not exceeding the amount prescribed by Order LXV., Rule 53.
124.
In addition to the allowances for printing and taking printed copies there shall be allowed per folio for such printed copies as may be necessary or proper for the following, but for no other purpose, viz.:— Of any pleading for delivery to the opposite party, or filing in default of appearance;
Of any special case for filing;
Of any pleading or special case for the use of the Court, Judge or Master;
Of any affidavit to be sworn to in print;
And of any pleading, special case, or evidence for the use of Counsel in Court ... ... ...
0
0
3
Such additional allowances for printed copies for the Court, Judge or Master, and for Counsel, are not to be made where written copies have been made previously to printing, and are not in any case to be made more than once in the progress of the cause.
Close copies, whether printed or written, are not to be allowed as of course,but the allowance is to depend on the propriety of making or sending the copies, which in each case is to be shown and considered by the Taxing Master.
125.
Inserting amendments in a printed copy of any pleading, or special case when not reprinted ...
0
1
6
126.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
0
6
ENGROSSING.
127.
Engrossing on parchment document required to be so engrossed, per folio ... ... ... ...
0
0
9
PERUSALS.
128.
Of Statement of Claim, Statement of Defence, Reply, Joinder of issue, and other pleading (not being a Summons), by the Solicitor of the party to whom the same are delivered ... ...
0
7
6
129.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
0
6
130.
Of amendment of any such pleading ... ...
0
7
6
131.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
0
6
132.
Of interrogatories to be answered by a party by his Solicitor ... .
0
7
6
133.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
0
6
134.
Of Special case by the Solicitor of any party except the one by whom it is prepared ... ... ...
0
7
6
135.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
0
6
136.
Of testamentary papers and exhibits of all kinds in probate and matrimonial actions, causes, and matters, where necessary, per folio ...
0
0
6
137.
Collating any copy of a script, exhibit, or other instrument in probate and matrimonial actions, causes, and matters, with the original or with another copy thereof, in addition to fee for attendance where necessary, per folio ...
0
0
3
138.
Of copy order to add parties, notice of defendant's claim against any person not a party to the action under Order XVI., Rule 48 (1905), and of defendant's statement of defence and counter-claim served on a co-defendant or his Solicitor or on a person not a party, by the Solicitor of the party served therewith, and in these several cases the perusal of the plaintiff's statement of claim is also to be allowed, unless the Solicitor has been previously allowed such perusal ... ...
0
7
6
139.
Or, at Solicitor's option, per folio of necessary matter ... ... ... ...
0
0
6
140.
Of affidavit in answer to interrogatories by the Solicitor of the party interrogating, and of affidavit to be used in the cause by the Solicitor of the party against whom same are to be read, per folio ... ... ... ... ... ...
0
0
4
141.
For examining,where necessary, claims under Order LV. Part XI. (1905) when the number does not exceed five ... ... ...
0
7
6
142.
And for each additional five ... ... ...
0
7
6
143.
Of accounts, charges, discharges, reports, or draft certificates ...
0
10
0
144.
Or, under special circumstances a fee not exceeding ... ... ... ...
1
10
0
145.
Of notice to produce or admit by solicitor of party served, if under ten folios ... ... ...
0
7
6
146.
Ten folios or over ... ... ... ... ...
0
10
0
147.
On appointment of new solicitor for reading documents and proceedings to obtain a knowledge thereof ... ... ... ... ... ...
1
11
6
148.
Or such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, but not to exceed ... ... ... ... ...
5
0
0
These charges not to be allowed as between party and party unless change was occasioned by death of Solicitor or circumstances over which Client had no control.
149.
A perusal of Bill of Costs by Solicitor opposing taxation for each hundred items or fractional part of one hundred items of Bill of Costs ...
0
5
0
Note.—In respect of any of the foregoing charges for perusals the TaxingMaster may allow a reasonable bulk sum less than the charge per folio would amount to.
ATTENDANCES.
150.
To obtain consent of next friend to sue in his name or of a guardian ad litem ... ... ... ... ... ...
0
10
0
151.
To file copy summons and indorsement under Order V., Rule 9 (1905) including copy ..
0
5
0
152.
To deliver, or file or file in lieu of delivery, any pleading (not being a petition or summons) or a special case ... ... ... ... ...
0
5
0
153.
To inspect or produce for inspection documents, pursuant to a notice to admit ... ... ...
0
10
0
154.
Or per hour necessarily occupied ... ... ...
0
10
0
155.
To lodge at notice department of the Offices of the High Court notice or other document for transmission ... ... ... ... ... ...
0
10
0
156.
To bespeak and obtain certificate from the Central Office of the High Court ... ... ... ...
0
5
0
157.
To bespeak and obtain certificate of funds, one fee only, unless otherwise necessary ... ...
0
5
0
158.
To bespeak and obtain account of funds, one fee only, unless otherwise necessary ... ..
0
10
0
159.
To examine and sign admission ... ... ...
0
10
0
160.
To inspect or produce for inspection documents referred to in any pleading or affidavit, pursuant to notice under Order XXXI., Rule 15(1905)
0
10
0
161.
Or per hour ... ... ... ... ... ...
0
10
0
162.
To obtain or give any necessary or proper consent
0
10
0
163.
On examination of witnesses before the Master or any examiner, Admiralty, Registrar Commissioner, Officer or other person ... ... ...
1
0
0
164.
Or, suchfurther reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed in the whole ... ... ...
3
3
0
165.
On deponents being sworn, or by a solicitor or his clerk to be sworn to an affidavit in answer to interrogatories or other special affidavit ...
0
10
0
166.
On the Master for order of inquiry ... ...
0
10
0
167.
On the Master on hearing of ex parte application and for order
0
20
0
168.
On the Master on hearing of any Summons or Motion on notice, and on Counsel and for Order
0
15
0
169.
On the Master on any other application not herein provided for, and for order ... ... ...
0
10
0
170.
Or, according to circumstances, such sum as the Taxing Master shall allow, not to exceed ...
1
11
6
171.
On a summons before Master when in the list for the day and not reached ... ... ... ...
0
10
0
On Counsel with brief, or other papers : —
172.
If Counsel's fee two guineas ... ... ...
0
5
0
173.
If more, and under ten guineas ... ... ...
0
10
0
174.
If ten guineas and under twenty guineas ...
0
10
0
175.
If twenty guineas or more ... ... ... ...
1
0
0
176.
On Counsel with docket of Refresher ... ...
0
5
0
177.
On Counsel with docket of Retainer, as between solicitor and client only ... ... ... ...
0
5
0
178.
On consultation or conference with Counsel ...
1
0
0
179.
To enter orset down action special case, or appeal for hearing or trial ... ... ... ... ...
0
10
0
180.
In Court on motion of course, and for order ...
0
10
0
181.
For side bar order ... ... ... ... ...
0
10
0
182.
In Admiralty matters filing up notice or praecipe and leaving with him any instrument required to be served by him ... ... ... ...
0
10
0
183.
In Court on every motion each day if not heard ...
0
10
0
184.
On same, when heard, each day ... ... ...
0
15
0
185.
Or, such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ... ...
1
11
6
186.
If several summonses or notices in the same cause or matter are in the list for the same day, and all or some of them are not heard, a solicitor shall not be entitled for all such as are not heard, to more than one sum of ... ...
0
10
0
187.
On special case, special petition or application adjourned from the Master when in the list for the day is not heard ... ... ...
0
10
0
188.
On same, when heard ... ... ... ... ...
1
0
0
189.
Or, such further reasonable sum as the Taxing Master may on the special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ...
1
11
6
190.
To strike and reduce Special Jury under the old system, including all other business in relation thereto ... ... ... ... ... ...
1
0
0
191.
On necessary witness before trial of an action, and taking down his evidence to be used thereon
0
10
0
192.
On hearing or trial of any cause, or matter, or issue of fact, inquiry or inquisition in Dublin, before a Judge, with or without a Jury or master, or commissioner, or on assessment of damages, or admiralty reference when in list for hearing if not heard ... ... ... ...
0
15
0
193.
When heard or tried, for each day of hearing or trial ... ... ... ...
1
0
0
194.
Or such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ...
3
3
0
195.
On hearing or trial of any cause, or matter, or issue of fact, inquiry or inquisition not in Dublin,before a Judge with or without a jury,or before a commissioner, or on assessment of damages, for the first or only day of hearing or trail ... ...
4
14
6
196.
Each succeeding day of hearing or trial ...
3
3
0
197.
And, in addition, there shall be allowed reasonable actual travelling expenses
198.
As between solicitor and client where the hearing or trial is not in Dublin, if the solicitor does not reside or carry on business in the County or town where the case is heard or tried, for each day, except Sundays, he is necessarily absent
3
3
0
Provided that when the solicitor has more than one case for hearing or trial for the same Client, he shall not be entitled in respect of all such cases for each day except Sunday for which he is necessarily absent to more than ...
6
6
0
199.
If the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided.
200.
To hear judgment when trial or hearing adjourned for the purpose ... ... ... ... ...
0
10
0
201.
Or, according to circumstances ... ... ...
1
0
0
202.
To enter, satisfy, or vacate a judgement ... ...
0
10
0
203.
On taxation of a bill of costs for solicitor lodging same, if not exceeding 100 items ... ...
0
10
0
204.
If exceeding 100 items, at the rate per 100 items, of
0
10
0
205.
On taxation of a bill of costs for solicitor opposing same, if not exceeding 100 items ... ...
0
15
9
206.
If exceeding 100 items, at the rate, per 100 items, of ... ... ... ...
0
10
0
207.
Or, for either solicitor, according to circumstances, not exceeding (unless the Taxing Master shall, on special grounds decide such amount to be inadequate, in which case he may allow a further reasonable fee) ... ... ... ...
3
3
0
208.
To lodge costs for taxation and have allocated ...
0
10
0
209.
Attending on a view jury in Dublin, if directed by the Judge ... ...
1
0
0
210.
Like, in the country, if directed by the Judge, according to distance, not exceeding (exclusive of travelling expenses) per diem ... ...
3
3
0
211.
Inquiring as to solvency of sureties proposed ...
0
10
0
212.
Putting in or opposing sureties, or in Admiralty giving or taking bail ... ... ... ...
0
10
0
213.
If such bail inAdmiralty is given in the country
0
15
9
214.
On obtaining or giving an undertaking to appear
0
10
0
215.
To present a special petition and for fiat thereon
0
10
0
216.
To insert advertisement in Gazette ... ... ...
0
10
0
217.
On printer, to insert advertisement in other papers, or each paper
0
5
0
218.
Not to exceed in all ... ... ... ... ...
1
10
0
219.
On Registrar, to settle judgment or order on petition or special notice, when required by the Registrar and certified by him ... ...
0
10
0
220.
Or on special grounds to be certified by the Registrar, not exceeding ... ... ... ...
1
11
6
221.
On Registrar, to certify that a cause set down is settled, or for any reason not to come into the list for hearing ... ... ... ...
0
10
0
222.
On Counsel to procure certificate that a cause is proper to be heard as a short cause and on Registrar to mark same ... ...
0
10
0
223.
For an orderdrawn up in Master's office and to get same entered ... ... ... ... ...
0
10
0
224.
Attendance to bespeak and for Order of Court Judge or Master ... ... ... ... ...
—
225.
To bespeak or to file affidavits (where no sittings fee allowed) ... ... ... ... ...
0
5
0
226.
Registering a judgement, order bond, lis pendens, recognizance or circuit Court lis pendens judgment or decree ... ... ... ...
1
10
0
227.
For each additional name ... ... ... ...
0
5
0
228.
Search for judgmenton reviving or satisfying to include instructions ... ... ... ...
0
10
0
229.
To enrol any deed, and for all duties relating thereto, includingthe returning of the deed and the counting of deed and memorial and drawing and signing certificate and affidavit, not to exceed ... ... ... ... ... ...
1
10
0
230.
To see assignment of judgment and memorial executed ... ... ...
0
10
0
231.
To enrol memorial of assignment of judgment ...
0
10
0
232.
To file any recognizances, and forall duties relating thereto ...
0
10
0
233.
To vacate a recognizance and satisfaction in the registry of judgements over and above outlay against one person ... ...
2
4
0
For each additional Registry over and above outlay
1
4
0
234.
Of the solicitor who has obtained the order for a receiver to see the recognizances acknowledged
0
10
0
235.
If at remote distance or on different days, for each party acknowledging ... ... ... ...
0
10
0
236.
Collating any copy of a script exhibit or other instrument in Probate and Matrimonial actions, causes and matters with the original where necessary ... ... ... ... ... ...
0
10
0
237.
Not to exceed in all, unless the Court shall otherwise order ... ...
3
0
0
238.
To prepare and leave at the Central Office copy of order for winding up a company pursuant to order LXXIV., Rule 7 (1905) and attending for same, and to get same entered ... ... ...
1
0
0
239.
And for engrossing every such order, per folio ...
0
0
6
240.
On sales and lettings in town or for each lot sold or let separately ... ... ... ... ...
0
10
0
241.
On same, where adjournment without any lot having been sold or let ... ... ... ...
0
10
0
242.
On sale or letting in the country, where the solicitor is specially directed by the Judge to attend, such sum as the Judge shall think proper.
243.
For each attendance, not otherwise hereinbefore provided for , not being in any Court or in an office or upon an officer of the Court, if necessary and proper from the circumstances of the case, and having regard to the nature of the taxation, whether as between party and party and solicitor and client as the case may be—
( a )
If not exceedingan hour ... ... ... ...
0
10
0
( b )
If exceeding an hour, for each hour ... ... ... ...
0
10
0
( c )
Not to exceed in one day ... ... ... ...
1
10
0
( d )
If elsewhere than at the solicitor's house or office and the client fails to keep appointment ...
0
10
5
( e )
If at the solicitor's house or office, and the client fails to keep appointment ... ... ...
0
5
0
( f )
If such attendance is elsewhere in Ireland than at his office or residence, and the solicitor is necessarily occupied for one or more entire day or days or for a period equal to one entire day, solely on his client's business, for each such day, exclusive of actual travelling expenses ...
5
5
0
A proportionate smaller sum to be allowed for a portion exceedingthree hours of any such day.
( g )
If such attendance is out of Ireland, for each day on which the solicitor is necessarily absent from Ireland, solely on his client's business, exclusive of actual travelling expenses ...
8
0
0
Items ( f ) and ( g ) shall not apply to party and party costs.
ACCOUNTANT'S OFFICE.
£
s.
d.
244.
Fee on transfer of stock, and quotation where necessary, including all attendances—
Where the nominal value of the stock amounts to less than £200
0
15
0
Where it amounts to £200, and is less than £100 ...
1
0
0
Where it amounts to £1,000 or more ... ...
1
10
0
245.
Each subsequent transfer, including quotation under the same judgment or order
0
10
0
246.
Fee on lodging money or transferring or drawing cash or stock, where no quotation is required
0
15
0
247.
Provided that the entire sum allowed for transfers and payments respectively under the same judgement or order shall not (unless the Taxing Master shall in his discretion think fit under special circumstances to allow a larger sum) exceed
5
5
0
248.
Fee on investment or to carry over to another account ... ... ... ...
0
10
0
249.
Attending to bespeak drafts for creditors under any judgment or order and producing any necessary papers ... ... ... ... ...
0
10
0
250.
If exceeding two for every additional draft ...
0
5
0
251.
Provided that such last-mentioned fees shall not in any case (unless the Taxing Master shall in his discretion think fit, under special circumstances, to allow a larger amount) exceed
3
3
0
252.
Fee for transfer deed of any stock or share of any public company, and obtaining the execution thereof by the necessary parties, and attending the Accountant and the company, and completing transfer ... ... ... ... ...
1
0
0
253.
For each subsequent transfer between the same parties ... ... ...
0
10
0
254.
Provided that such fees shall not in any case (unless the Taxing Master in his discretion in special cases shall think fit to allow a larger sum) exceed ... ... ... ... ...
15
15
0
255.
Attendingthe Accountant and the bank to deposit effects in locked boxes under Order LXII.
Rule 24 (1905) exclusive of outlay ... ...
0
15
9
256.
For any necessary and proper attendance on Accountant for any purpose not hereinbefore mentioned ... ... ... ... ... ...
0
10
0
257.
Or such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ...
3
3
0
LETTERS.
(A telegram to be considered as a letter)
£
s.
d.
258.
Letter for payment or to settle and copy, not to be allowed unless sent a reasonable time before action brought ... ... ...
0
5
0
259.
For each letter necessary and proper, having regard to the nature of the taxation whether as between party and party, or solicitor and client, as the case may be ... ... ... ...
0
5
0
260.
If several of the same import for each one after the first if in the opinion of the Taxing Master the same should be allowed ...
0
3
0
Provided that if many such letters are necessary, it shall be in the discretion of the Taxing
Master to allow for them only at the same rate, as if they had been printed.
261.
Perusing each letter from or on behalf of the Client containing instructions necessary and proper, having regard to the nature of the taxation, whether as between party and party, or solicitor and client as the case may be ... ... ...
0
5
0
OATHS, EXHIBITS, ETC.
262.
Commissioners to take Oaths or affidavits. For every oath, declaration, affirmation, or attestation upon honour where not otherwise provided for ... ... ... ... ... ...
0
2
0
263.
The Commissioner for marking each exhibit ...
0
1
0
264.
Not to exceed in all ... ... ... ... ...
0
10
0
265.
For every recognizance for each cognizor ...
0
6
8
266.
Not exceeding in all ... ... ... ...
1
0
0
267.
Commissioner on taking bail whether under a special or standing commission ... ...
1
1
0
268.
Appraisers, each per day ... ... ... ...
1
1
0
269.
Assessors, each per day ... ... ... ...
3
3
0
SITTINGS FEES.
270.
For every sittings commencing on the day the sittings of the High Court commence, and terminating on the day preceding the next such sittings, in which, save minor and Land Judge's matters, a proceeding in the cause or matter, by or affecting the party, other than the issuing and serving the summons, shall he taken up to final judgment or first order in the nature of final judgment, to include letters, save any which may be specially allowed ... ...
0
15
0
No sittings fee shall be allowed in respect of any sittings where the Taxing Master shall deem that the Solicitor is not entitled to it by reason of his default or delay.
271.
Where no proceeding in the cause or matter is taken which carries a sittings fee, a charge for letters may be allowed if the circumstances require it.
272.
In addition to the above, an allowance is to be made for the necessary expenses of postages, telegrams, carriage and transmission of documents.
5. Associate's Office.
6. Pleadings Office (Common Law).
7. Rules Office do.
8. Crown Office do.
9. Judgment Office do.
10. Consolidated Judgment, Record, Writ and Notice Office.
11. Admiralty Office.
12. Probate Office (Contentious business and Matrimonial).
13. Central Scrivenery Office.
14. Election Petitions Office.
Provided, however, that all business relating to the exercise of the several jurisdictions transferred to the Chief Justice by sec. 19 of the Act shall be transacted in the office of the Registrar to the Chief Justice.
ORDER XXXV. Funds in Court.
RESOLUTION PASSED BY DÁIL EIREANN ON TUESDAY, 20th JULY, 1926.
That the Dáil hereby approves of the Rules of Court made by the Minister for Justice on the 13th day of July, 1926, under
Section 36
of the
Courts of Justice Act, 1924
(No. 10 of 1924).
RESOLUTION PASSED BY SEANAD EIREANN ON THURSDAY, 22nd JULY, 1926.
That the Seanad hereby approves of the Rules of Court made by the Minister for Justice on the 13th day of July, 1926, under
Section 36
of the
Courts of Justice Act, 1924
(No. 10 of 1924).
SAORSTÁT EIREANN.
I, CAOIMHGHIN Ó
H
-UIGÍN, Minister for Justice, by virtue of the powers conferred upon me by
Section 36
of the
Courts of Justice Act, 1924
, and of all other powers enabling me in this behalf, with the concurrence duly obtained of the Minister for Finance and of a majority of the Committee constituted pursuant to the provisions of the said section, do hereby make the annexed Rules of Court.
Dated this 13th day of July, 1926.
C.Ó
H
-UIGÍN,
Aire Dlí agus Cirt.
COURTS OF JUSTICE ACT, 1924.
Rules of High Court and Supreme Court
ORDER I. Procedure—Originating Summons.