IE
Courts Of Justice Act, 1924.
Table of Provisions (34)
Statutory Text (34 Articles)
1. I am the Plaintiff in this action (or the facts stated herein are within my own knowledge, and I am duly authorised to make this affidavit.)
2. I refer to the Civil Bill herein served on the Defendant and I say that the sum of £ claimed therein to be due to the Plaintiff is now actually due and owing as stated in the indorsement.
(
The circumstances in which the sum claimed became due should be stated
).
3. I believe that the Defendant has not a bona-fide defence to the said claim and that the appearance entered on his behalf has been entered solely for the purpose of delay.
Form No.
13.—
Notice of Motion for review of Judgment.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
Take notice that application on behalf of the Defendant will be made to the
Court on or on the next opportunity set aside appearance
thereafter to the Judgment entered by default ofvary defence herein on the..................... day of ..................19 , (and further take notice that the Defendant having lodged in Court the sum of
this notice is to operate as a stay of proceedings pending the hearing of the said application).
The grounds upon which the application is made are that the said Judgment was entered by surprise, etc., etc. (
set forth the reasons why an appearance or a defence as the case may be was not entered
), and that the Defendant has a good and valid defence to the Civil Bill herein on the ground that..............................
Form No.
14
.—Summons to Witness
. (
Not more than four names to be included
.)
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required to appear in person before the Circuit Court at
on the day of
19 at the hour of in the noon, and so from day to day until this proceeding is disposed of to give evidence on behalf of.......................................................... (Where documents are to be produced add:—And to bring with you and produce to the Court the documents mentioned hereunder.)
To..................................................
...............................................
INDORSEMENT ON SUMMONS TO WITNESS.
"If any person having been duly summoned to give evidence or required in manner prescribed to produce any books, papers or documents in his possession or under his control which the party requiring his attendance desires to show 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 trial or the proceeding, the Court upon being 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 not exceeding £25 (Twenty-five pounds) for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month."
Form No.
15
.—Notice of Trial.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
Take notice of trial of this action (or of the issues ordered to be tried as the case may be) for the day of next (with or without a jury as the case may be).
or add
And further take notice that in the event of your not signifying your desire to have the same tried with a jury (by notice in writing) within four days from service of this notice of trial, the action (or, as the case may be) will be tried without a jury.
Form No.
16
.—Decree.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Defendant having been duly served with the Civil Bill herein and it appearing to the Court that the Plaintiff is entitled to (the sum of £,
or possession of the premises, or recovery of the chattel, etc.) as therein claimed;
The Court doth order that the Plaintiff do recover (the said sum, or possession, etc.) together with the sum of £ for costs of the proceeding.
By the Court.
Form No.
17.—
Stay of Execution.
Decree as above with addition as follows: "but the Court doth further order that execution on foot hereof be stayed (` up to and including the
weeks
day of next,' or 'for
months
from the date hereof ' as the case may be)."
Form No.
18
.—lnstalments.
"And the Court doth further order that the said sum of £ and £ for costs be paid in the following instalments, viz. a sum of £ on or before the day of and," etc., etc.,
"but in default of payment of any of the said instalments the Court doth order that execution do issue on foot hereof for the balance remaining due at the time of such default."
Form No.
19
.—Dismiss.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Defendant having been duly served with the Civil Bill herein but the Court, being now satisfied that the claim therein on the part of the Plaintiff (for the recovery of the sum of £ or possession of the premises at
, as the case may be) has not been proved, doth order that the said Civil Bill be and the same is hereby dismissed (without prejudice, etc., etc., in cases where appropriate);
And the Court doth further order that the Defendant do recover from the Plaintiff the sum of £ as and for the costs of the proceeding (or the costs of the proceeding when taxed and ascertained, as the case may be).
Form No.
20
.—Request for Execution Order.
BETWEEN
A.B.
PLAINTIFF,
and
C.D.
DEFENDANT.
I request, on behalf of the
PLAINTIFF,
the issue of an Execution
DEFENDANT,
Order directed to the SHERIFF (or COUNTY REGISTRAR as the case may be) of the
County of.............................................on foot of the
DISMISS
DECREE
made herein on..........................................for the sum of £(or recovery of possession of the lands of............................................................ ......... as the case may be).
The said
PLAINTIFF
resides at.......................................in the County
DEFENDANT
of....................................and is..............................(insert
description
).
Form No.
21
.—Execution Order against goods.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The
PLAINTIFF, A.B., of..............................
having applied for
DEFENDANT, C.D., of.........................
the issue of an execution order on foot of the
DECREE
obtained herein
DISMISS
on.............................................for the sum of £
together with the sum of £ for costs, you are hereby authorised and required to take in execution the goods of the said
............................of..........................................within your County to satisfy the amount due on foot of the said DECREE, DISMISS together with the costs of the said execution including the sum of £.............................as and for the costs of this order, and also interest at the rate of £5 per cent. per annum on the said sum of £
(being the sum due under the decree, exclusive of costs and expenses) from
(the date of the decree).
To.............................................
Sheriff (or County Registrar) of the County of ...........................................................
Dated this........................
day of...........................................
19.......
NOTE.—This Execution Order is in force for one year only from the date hereof.
INDORSEMENT ON EXECUTION ORDER.
This execution order was issued by..................................of
Solicitor for..............................herein (or by.................... of.......................................
PLAINTIFF
the
DEFENDANT
the herein in person).
SHERIFF
Lodged with the of the County of
COUNTY REGISTRAR
...........................
at his office in at the hour of........................o'clock in the .....................noon the..................day of...........................19.......
Form No.
22
.—Execution Order for specific Chattel.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Plaintiff A.B. of................................................having applied for the issue
of an execution order on foot of the Decree obtained herein on...................................
for recovery of...........................together with the sum of £
for costs, you are hereby authorised and required to take the said (describe the chattel) from the said Defendant C.D. and deliver the same to the said Plaintiff, and you are further authorised and required to take in execution the goods of the said C.D. within your County to satisfy the aforesaid amount due for costs and the costs of execution including the sum of £ as and for the costs of this Order.
To.............................................
Sheriff (or County Registrar)
of the County of.................................
Dated this............................
day of.....................................
19.......
NOTE AND INDORSEMENT as in Form No. 21.
Form No.
23
.—Execution Order.—Possession
.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Plaintiff A.B. of...................................................having applied for the issue
of an execution order on foot of the Decree obtained herein on....................—
for possession together with the sum of £.................................
for costs you are hereby required to take possession of the premises at
................................................(describe the premises) and deliver the same to the said A.B.
And you are further authorised and required to take in execution the goods of the said........................................within your County to satisfy the aforesaid amount due for costs and the costs of execution including the sum of £ as and for the costs of this Order.
To.............................................
Sheriff (or County Registrar)
of the County of.................................
Dated this.................
day of.........................................
19.......
NOTE and INDORSEMENT as in Form No. 21.
Form No.
24
.—Interpleader Summons
.
BETWEEN
A.B.
PLAINTIFF,
and
C.D.
DEFENDANT.
The goods of C.D. the Defendant herein having been attached by execution order dated................................................and lodged with me on..................................
and (describe the property seized or attempted to be seized) having been claimed
by.......................................................of..........................................................as his/her
absolute property, the said...........................................................the claimant and the
said..........................................the execution creditor are hereby required to appear before the Court at............................on.................................. at the hour of...........................o'clock when the said claimant is to state the nature and particulars of his claim to the said property.
And the said claimant and execution creditor are hereby warned that application will be made to the Court for an order that the expenses of execution and of this application be provided for by the said claimant and the said execution creditor as the Court may direct.
Form No.
25
.—Receipt for payment made under an execution order.
BETWEEN
A.B.
PLAINTIFF,
and
C.D.
DEFENDANT.
I hereby acknowledge the receipt of the sum of £
being in
full discharge
of the sum of £ appearing to be
on account of
due to the
Plaintiff
herein on foot of the Execution Order lodged with the
Defendant
Sheriff of the County of........................................on..................................... County Registrar
Dated this
day of
19 .
.........................................................
Court Messenger....................
Form No.
26
.—Application for Side-Bar Order.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
In accordance with the provisions of Order IX. of the Rules of Court I request the making of an order to the following effect
The documents on which the application is based are as follow: (State whether birth certificate, order of Court, consent or affidavit is relied upon).
To.............................................
County Registrar
for the County of........................................
Form No.
27
.—Exparte Docket.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
I desire to apply to the Court on............................................................ ...............or
on the next opportunity thereafter for an order on behalf of the
Plaintiff
Defendant
to the following effect
The documents on which the application is based are as follow:—(State the nature of the document relied upon) as referred to in the affidavit of.......................................filed the...............day of.............................
To................................................
County Registrar
for the County of..........................................
Form No.
28.
—Application for Licence.
In the Matter of an application by
............................................................ of ............................................................ .........
for a.......................................... (certificate or confirmation of certificate as the case may be).
Take notice that it is the intention of the undersigned
of in the County of
to apply to the Court at
in the County of on the
day of 19 , for a
certificate (
or
for a confirmation of the certificate) to entitle and enable me to obtain an excise licence,
or
to obtain a six day excise license,
or
an early closing licence,
or
a six day excise and early closing licence) to sell beer, cider, spirits, wine, &c., by retail, to be consumed on the premises at my house situate at in the townland of
and in the County of
or
if in a city or town state the number of the house (if numbered), the street, square, lane, or other description of place).
Dated
day of
19
Signed............................................................ .....
Applicant.
To........................................................
Justice of the District Court assigned
to District No............(or the Senior
District Justice assigned to the Metropolitan District).
...................................................
Officer in charge of the Garda Siochana
at............................................................ ......................
or
Superintendent of the
Division
Dublin Metropolis.
...................................................
County Registrar for the
County of
............................................................ .........................
And to all others whom it may concern.
Form No.
29
.—Caveat.
In the Matter of of
in the County of who died on
I request that nothing be done in the goods of the above deceased without notice to me (as Solicitor ,for).........................................................being a person having interest.
............................................................ ..
Solicitor for.................................
or..................................in person.
.......................................................
THIRD SCHEDULE.—COSTS.
PART I.
Costs of Actions (Contract), where the amount recovered, or, in the case of a Dismiss, the amount sued for
Plaintiff's Costs of
Exceeds £25 but does not exceed £50.
Exceeds £50 but does not exceed £75.
Exceeds £75 but does not exceed £100.
Defendant's Costs of
£
s.
d.
£
s.
d.
£
s.
d.
Instructions and drawing Civil Bill.
0
15
0
1
5
0
1
10
0
Instructions and entering appearance and defence.
Extra Copy of Civil Bill where required.
0
2
0
0
2
0
0
2
0
Perusing Defence, Instructions for hearing, preparing proofs and attendances on witnesses.
1
5
0
1
10
0
2
0
0
Instructions for hearing, preparing proofs and attendances on witnesses.
Notice of Trial ...
0
10
0
0
10
0
0
10
0
Notice of Trial (if not served by Plaintiff).
Attending on application for Summary Judgment, or in Court at the hearing.
1
0
0
1
10
0
2
10
0
Attending application for Summary Judgment or in Court at the hearing.
Entering Judgment
0
10
0
0
10
0
0
10
0
Entering Judgment dismissing action.
Add for Counsel's brief (if prepared)
0
10
0
0
15
0
1
0
0
Add for Counsel's brief (if prepared).
Totals ...
£4
12
0
£6
2
0
£8
2
0
PART II
Costs of Actions (Tort), where the amount recovered, or, in the case of a Dismiss, the amount sued for
Plaintiff's Costs of
Exceeds £10 but does not exceed £25.
Exceeds £25 but does not exceed £75.
Exceeds £75 but does not exceed £100.
Defendant's Costs of
£
s.
d.
£
s.
d.
£
s.
d.
Instruction, advising, and drawing Civil Bill.
0
15
0
1
10
0
2
0
0
Instructions and entering appearance and defence
Extra Copy of Civil Bill where required.
0
2
0
0
2
0
0
2
0
Perusing defence, instructions for hearing, preparing proofs and attendances on witnesses.
1
5
0
2
0
0
2
10
0
Instructions for hearing, preparing proofs and attendances on witnesses.
Notice of Trial ...
0
10
0
0
10
0
0
10
0
Notice of Trial (if not served by Plaintiff).
Attending Court on hearing.
1
10
0
2
10
0
3
0
0
Attending Court on hearing.
Entering Judgment
0
10
0
0
10
0
0
10
0
Entering Judgment dismissing Action.
Add for Counsel's brief (if prepared)
1
0
0
0
10
0
1
5
0
Add for Counsel's brief (if prepared).
Totals ...
£5
2
0
£8
2
0
£9
17
0
PART III.
Costs of Ejectment proceedings for non-payment of rent, for overholding or on the title, or of a Dismiss in such proceedings.
Plaintiff's Costs of
Where rent does not exceed £50 per annum.
Where rent exceeds £50 but does not exceed £75 per annum.
Where rent exceeds £75 but does not exceed £100 per annum.
Defendant's Costs of
In Ejectments on Title where Valuation does not exceed £15.
In Ejectments on Title where Valuation exceeds £15 but does not exceed £30.
In Ejectments on Title where Valuation exceeds £30 but does not exceed £60.
£
s.
d.
£
s.
d.
£
s.
d.
Instructions and perusing documents, and drawing Civil Bill.
1
5
0
1
10
0
2
0
0
Instructions and entering appearance and defence
Extra Copy of Civil Bill where required
0
2
0
0
2
0
0
2
0
Perusing defence, instructions for hearing, preparing proofs and attendances on witnesses.
1
10
0
2
0
0
2
10
0
Instructions for hearing, preparing proofs and attendances on witnesses.
Notice of Trial ...
0
10
0
0
10
0
0
10
0
Notice of Trial (if not served by Plaintiff).
Attending on application for Summary Judgment or in Court at the hearing.
1
10
0
2
10
0
3
0
0
Attending Court on hearing.
Entering Judgment
0
10
0
0
10
0
0
10
0
Entering Judgment dismissing action.
Add for Counsel's Brief (if prepared)
0
15
0
1
0
0
1
5
0
Add for Counsel's brief (if prepared).
Totals ...
£6
2
0
£8
2
0
£9
17
0
PART IV.
Costs in Actions on the Title other than Ejectment, where the valuation of Lands to be affected by burdens
Plaintiff's Costs of
Does not exceed £5.
Exceeds £5 but does not exceed £15.
Exceeds £15 but does not exceed £30.
Exceeds £30.
Defendant's Costs of
£
s.
d.
£
s.
d.
£
s.
d.
£
s.
d.
Instructions and full investigation of Plaintiff's claim, and drawing Civil Bill.
1
10
0
2
10
0
3
0
0
3
10
0
Instructions and entering appearance and defence
Extra copy of Civil Bill where required.
0
2
0
0
2
0
0
2
0
0
2
0
Perusing defence, instructions for hearing, preparing proofs and attendances on witnesses.
2
0
0
2
10
0
3
0
0
3
10
0
Instructions for hearing, preparing proofs and attendances on witnesses.
Notice of Trial ...
0
10
0
0
10
0
0
10
0
0
10
0
Notice of Trial (if not served by Plaintiff).
Attending Court on hearing.
1
10
0
2
0
0
2
10
0
3
0
0
Attending Court on hearing.
Entering Judgment
0
10
0
0
10
0
0
10
0
0
10
0
Entering Judgment dismissing action.
Add for Counsel's Brief (if prepared).
0
15
0
1
0
0
1
10
0
2
0
0
Add for Counsel's Brief (if prepared).
Totals ...
£6
17
0
£9
2
0
£11
2
0
£13
2
0
PART V.
LAND LAW (IRELAND) ACT, 1887 AND 1896.
AGRICULTURAL HOLDINGS.
Costs of Judgment or Dismiss in Ejectment Cases.
Plaintiff's Costs of
Where Annual Rent does not exceed £10
Where Annual Rent exceeds £10 and does not exceed £20.
Where Annual Rent exceeds £20 and does not exceed £100.
Defendant's Costs of
£
s.
d.
£
s.
d.
£
s.
d.
Instructions,Drawing and Signing Civil Bill.
0
3
0
0
3
9
0
4
6
Taking instructions.
Extra copy of Civil Bill where required.
0
2
0
0
2
0
0
2
0
Perusing defence, Instructions for hearing and preparing proofs
0
4
6
0
9
0
0
15
0
Entering appearance and defence and preparing proofs.
Serving Notice of Trail, attending, hearing and all other duties incident thereto.
0
9
0
0
18
0
1
10
0
Serving Notices of Trial (where not served by Plantiff), attending hearing, etc.
Entering Judgment
0
3
0
0
3
9
0
4
6
Entering Judgment dismissing Action.
Brief for Counsel (if prepared).
0
3
9
0
7
6
0
11
3
Brief for Counsel (if prepared).
Totals ...
£1
5
3
£1
14
0
£2
7
3
PART VI.
COSTS IN INTERPLEADER.
Where the value of the property in question.
Under Sheriff's or Plaintiff's Costs of
Exceeds £25. and does not exceed £50.
Exceeds £50. and does not exceed £75.
Exceeds £75. and does not exceed £100.
Claimant's or Defendant's Costs of
£
s.
d.
£
s.
d.
£
s.
d.
Instructions, and drawing Civil Bill or Summons in Interpleader.
0
15
0
1
5
0
1
10
0
Instructions and entering appearance and defence (if any).
Extra copy of Civil Bill where required.
0
2
0
0
2
0
0
2
0
Perusing Defence(if any), Instructions for hearing, preparing proofs and attendances on witnesses.
1
5
0
1
10
0
2
0
0
Instructions for hearing, preparing proofs, and attendances on witnesses.
Notice of Trial
0
10
0
0
10
0
0
10
0
Notice of Trial (if not served by Plaintiff).
Attending Court on hearing of Civil Bill or Summons.
1
10
0
2
0
0
3
0
0
Attending Court on hearing of Civil Bill or Summons.
Entering Judgment(if any)
0
10
0
0
10
0
0
10
0
Entering Judgment dismissing action.
Brief for Counsel (if prepared).
0
10
0
0
15
0
1
0
0
Brief for Counsel(if prepared).
Totals ...
£5
2
0
£6
12
0
£8
12
0
PART VII.
COSTS IN PROBATE MATTERS AND ACTIONS.
SECTION 48 (4)
COURTS OF JUSTICE ACT, 1924
.
Where the personal estate or the personally involved and the annual value of the lands does not exceed £60.
Plaintiff's Costs of
Does not exceed £200.
Exceeds £200 but does not exceed £500.
Exceeds £500.
Defendant's Costs of
£
s.
d.
£
s.
d.
£
s.
d.
Instructions, drawing Civil Bill and preparing all necessary notices, affidavits, etc.
2
0
0
4
0
0
6
0
0
Instructions and entering appearance and defence.
Extra copy of Civil Bill where required.
0
2
0
0
2
0
0
2
0
Perusing defence, instructions for hearing, preparing proofs and attendances on witnesses.
3
0
0
4
0
0
6
0
0
Instructions for hearing, preparing proofs and attendances on witnesses.
Notice of Trial ...
0
10
0
0
10
0
0
10
0
Notice of Trial (if not served by Plaintiff).
Attending Court on hearing.
2
0
0
3
0
0
3
0
0
Attending Court on hearing.
Entering Judgment.
0
10
0
0
10
0
0
10
0
Entering Judgment dismissing action.
Brief for Counsel (if prepared).
1
0
0
2
0
0
2
0
0
Brief for Counsel (if prepared).
Totals ...
£9
2
0
£14
2
0
£18
2
0
PART VIII.
APPEALS FROM DISTRICT COURT.
Costs of Affirmance of Decree or Reversal of Dismiss.
—
Where amount recovered does not exceed £10.
Exceeds £10.
(1)
(2).
£
s.
d.
£
s.
d.
For all charges preliminary or Incidental to hearing and taking out order thereon
2
10
0
3
10
0
Drawing Recognizance or attending to lodge money ... ...
0
5
0
0
5
0
Brief for Counsel (if prepared) ...
0
7
6
0
10
0
Totals ... ... ...
£3
2
6
£4
5
0
NOTE
(1) The Costs of an Appeal in an Ejectment and in cases of Summary Jurisdiction of a Civil nature shall be allowed under column (2) hereof. The costs of an Appeal under the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 and 1926, shall be allowed under column (1) hereof.
(2) The Costs of an Affirmance of a Dismiss shall be the First item alone and where Counsel is allowed the fee for Brief and Counsel's Fee to be added.
(3) If the Appeal is withdrawn not less than six days before the day for hearing : £1 10s. 0d. for Affirmance.
PART IX.
Costs of entering Judgment by default where the amount claimed in the Civil Bill
—
Exceeds £25 but does not exceed £50.
Exceeds £50 but does not exceed £75.
Exceeds £75 but does not exceed £100.
Exceeds £100.
£
s.
d.
£
s.
d.
£
s.
d.
£
s.
d.
(1) By default of Appearance ... ...
2
10
0
3
0
0
3
10
0
4
10
0
(2) By default of defence
3
0
0
3
10
0
4
0
0
5
0
0
PART X.
MISCELLANEOUS COSTS.
£
s.
d.
(1)
Attendance for the purpose of obtaining a Side Bar order ... ... ... ...
0
10
0
(2)
Attendance in proceedings before the County Registrar where not otherwise provided for ... ...
0
10
0
(3)
Attendance at the Office for the purpose of issuing a Witness Summons (or other Summons not otherwise provided for), an Execution Order or other document
0
7
6
(4)
Attendance at the Office for filing any document not otherwise provided for ... ... ... ...
0
7
6
(5)
Attendance before the Judge, not otherwise provided for, where Counsel is not employed ... ...
1
0
0
(6)
Attendance in Court or before the Judge, where not otherwise provided for and where Counsel is employed
1
0
0
(7)
Preparation of brief on exparte or interlocutory applications ... ... ...
0
10
0
(8)
Drawing or perusing necessary affidavits or documents, not otherwise provided for, per folio of 72 words
0
1
0
(9)
Attending conference or consultation when fee allowed to Counsel for same ... ... ... ...
1
0
0
APPENDIX.
COUNSELS' FEES.
1.—
Actions in respect of sums
UNDER
£100
in Contract or Tort
2.—
Matters in which the sum involved is under
£100.
Taxation as between Party and Party.
Junior Counsel.
Senior Counsel.
£
s.
d.
£
s.
d.
On taxation of a Plaintiff's Costs where the amount recovered by the Plaintiff, or on taxation of a Defendant's costs where the amount claimed against the Defendant :—
(a) does not exceed £25 ...
2
2
0
—
(b) exceeds £25 but does not exceed £50 ... ... ...
3
3
0
—
(c) exceeds £50 but does not exceed £100 ... ... ...
4
4
0
6
6
0
NOTE.—The Judge shall be at liberty to increase any of the above fees, if in his opinion the nature of the case warrants an increase, by any sum not exceeding £3 3s. for Junior Counsel, and £5 5s. for Senior Counsel. Senior Counsel shall be allowed in cases not exceeding £50 where the Judge certifies for senior counsel and the Judge shall fix his fee, but in no case shall more than one junior counsel and one senior counsel be allowed to any party on taxation of his costs.
£
s.
d.
Motion exparte ... ... ... ...
1
1
0
Motion on Notice ... ... ... ...
1
1
0
Motion on Notice if the Judge so certifies ...
2
2
0
Counsel's fee on settling Summons and Claim
1
1
0
Counsel's fee on settling Defence or Defence and Counterclaim ... ... ... ...
1
1
0
Case to advise proofs in cases where the amount recovered, or claimed, as the case may be, exceeds £50 ... ... ... ...
1
1
0
For a conference or consultation in cases where the amount recovered claimed or involved, as the case may be, exceeds £50, and Counsel certifies that he directed same, and that it was necessary and was held :—
Senior or Junior Counsel ... ...
2
2
0
NOTE.—In cases where the amount does not exceed £50 fees on a Case to advise proofs and/or a conference or consultation shall only be allowed if the Judge certifies therefor.
2.—
In all cases not otherwise provided for :—
The fees to be allowed for Counsel as between Party and Party shall be such fees as shall be allowed on taxation.
4. All documents and forms for filing in the Office or for service in connection with proceedings in the Court, with the exception of accounts maps and plans shall be written, printed or typewritten on paper of foolscap or half foolscap size. All documents intended for filing shall be properly indorsed with the short title of the proceeding upon a page left blank for that purpose.
Advertisements.
5. The Court, where necessary, shall order in what newspapers any advertisements which may from time to time be necessary in any action ormatter shall be inserted.
Forms.
6. The Schedules to these rules shall be taken to be part of the rules, and all forms therein contained, or suitable forms to the like effect may be used where same are applicable, and shall be good and sufficient. Where by these rules any party is required to give notice according to a form mentioned in the second Schedule to these rules, it shall be sufficient if the notice complies substantially with such form.
Where no forms provided.
7. Where no forms are provided, parties shall frame the documents, using as guides the forms contained in the second Schedule.
Extension time and deeming good step already taken.
8. 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.
Irregularities
9. Application to set aside proceedings for irregularity shall be made to the Court on notice, but no application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, nor if the party moving has taken any fresh step after knowledge of the irregularity, and any notice of any such motion shall contain the objections intended to be relied on.
Civil Bill or Petition.
10. Where by any statute not mentioned in these rules, proceedings are authorised or directed to be taken in the Court, such proceedings shall be commenced by Civil Bill where the object of the proceedings is to obtain relief against any person, or to compel any person to do or abstain from doing any act. Where there is no person against whom an action can be brought, proceedings shall be commenced either by filing a petition or in accordance with the rules for the time being in force as to interlocutory applications.
Amendments
11. The Court, at any stage of the proceedings, may permit either party to amend or alter any document or may disallow any amendment of a Civil Bill or counterclaim already made or may amend any defect or error in any process, and all consequential necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceeding.
Instalments.
12. The Court on pronouncing any judgment or 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 order, no order for execution shall issue against the defendant until after default of payment of some instalment according to such order. The Court may also stay execution on foot of any decree or order for such period and on such terms as shall seem to it just.
Want of jurisdiction.
13. Wherever an action, or matter, is instituted which the Court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action or matter with costs, unless the consent prescribed by Section 48 of the Act has been signed.
References in Statutes to County Courts.
14. Where the jurisdiction transferred to the Court under Section 51 of the Act depends upon statute, each such statute is hereby adapted or modified so that all references therein to the Civil Bill Court, County Court, or Court of Quarter Sessions shall be construed to refer to the Court where necessary, and all references to Recorders, County Court Judges, Chairman of Quarter Sessions or other judges and to officers of any of such Courts shall be construed where necessary as references to the Judge, and in the case of officers to the County Registrar or appropriate officer of the Court, and all references to proceedings in any of such Courts, shall, where necessary, be construed as references to proceedings in the Court.
Revenue matters.
15. The procedure in force with reference to Revenue Causes and matters in the High Court, shall apply
mutatis mutandis
to similar proceedings in the Court, and the forms to be used in the Court shall be similar in requirement to the forms in use in the High Court relating to Revenue Causes and matters.
Rules to apply in proceedings by or against the State.
16. Save where otherwise stated these rules shall apply to all proceedings on behalf of or against the State or any Minister or Department.
Co. Registrar may adjourn in absence of Judge.
17. 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.
Documents to be lodged in the office may be sent by post.
18. Where by these Rules any document is required to be lodged in the Office the same may be sent by post so as to reach the Office before the expiration of the time limited for such lodgment as aforesaid.
Change of Solicitors.
19. A party suing or defending by a Solicitor shall be at liberty to change his Solicitor or to discharge his Solicitor and sue or defend in person, and any party suing or defending in person shall be at liberty to appoint a Solicitor without an order for the purpose upon notice of such change, discharge or appointment being filed in the office.
Re-hearing under County Officers and Courts ( Ireland) Act, 1877.
20. The application for a re-hearing in any of the proceedings referred to in Section 42 of the County Officers and Courts (Ireland) Act, 1817, shall set forth fully the grounds upon which the re-hearing is sought, and notice thereof shall be filed in the office and served upon the opposite party or his successor in interest not less than fourteen days before the opening day of the Sittings at which the application is to be made.
Non-compliance with Rules.
21. Non-compliance with any of these Rules, or with any practice for the time being in force in the Court, shall not render the proceedings void unless the Court shall so direct, but such proceedings may be set aside wholly or in part as irregular, or may be amended or otherwise dealt with in such manner or upon such terms as the Court shall think fit.
FIRST SCHEDULE.
Sittings—Towns.
CIRCUIT No. 1 ...
Dublin.
CIRCUIT No. 2 ...
Cork, Youghal, Kanturk, Mallow, Bantry, Clonakilty, Fermoy, Skibbereen, and Macroom.
CIRCUIT No. 3 ...
Castleblayney, Monaghan, Bailieboro', Cavan, Carrick-on-Shannon, Manorhamilton, Ballyshannon, Donegal, Letterkenny, and Lifford.
CIRCUIT No. 4 ...
Galway, Clifden, Castlebar, Ballina, and Belmullet.
CIRCUIT No. 5 ...
Sligo, Boyle, Strokestown, Castlerea, Roscommon, Longford, Moate, Athlone, Mullingar, Birr, Tullamore, Carlow, Abbeyleix, and Portlaoighise.
CIRCUIT No. 6 ...
Trim, Navan, Kells, Wicklow, Baltinglass, Drogheda, Dundalk, Wexford, Kildare and Naas.
CIRCUIT No. 7 ...
Ennis, Kilrush, Limerick, Rathkeale, Tralee, Killarney, and Listowel.
CIRCUIT No. 8 ...
Nenagh, Thurles, Clonmel, Tipperary, Dungarvan, Waterford, Kilkenny, and Carlow.
SECOND SCHEDULE
FORMS.
Heading for all forms
SAORSTAT EIREANN.
AN CHUIRT BHREITHIUNAIS CHUARDA.
(Circuit Court of Justice).
CIRCUIT No. ............
COUNTY OF..........................................
Form No.
1
.—Consent under sec.
48 (1)
of the Act.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
We, the undersigned parties, do hereby consent, under Sec. 48 (1) of the Courts of Justice Act (No. 10 of 1924) that the Circuit Court of Circuit No. to be held at shall have power to try the action (or determine the matter) entitled as above, notwithstanding the fact that the subject matter exceeds or is outside the jurisdiction of the said Court (and at the option of the parties:—
And we do hereby consent that the decision of said Court shall be final and conclusive and shall not be appealable).
.....................................Plaintiff.
.....................................Defendant.
Form No
. 2.—
Ordinary Civil Bill.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you, to enter, or cause to be entered with the County Registrar, at his office at
, an appearance to answer the claim of , of
in the County of , the Plaintiff herein,
for £ and costs, as indorsed hereon.
And take notice that in default of your so doing you will be held to have admitted the said claim, and the Plaintiff may proceed therein and judgment may be given against you in your absence without further notice.
And further take notice that if you intend to defend the proceeding on any grounds you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.
To
C.D. of .............................................
Defendant.
INDORSEMENT OF CLAIM.
PARTICULARS.
The Plaintiff's claim is for the sum of £ (being for cash lent, goods sold and delivered, etc., as the case may be) and for the costs of the proceeding.
..............................................Plaintiff
or Solicitor for Plaintiff.
NOTE.—On payment to the Plaintiff or his Solicitor, within six days after service, of the amount of the above claim, together with the sum of £ for costs, all further proceedings will be stayed.
Form No.
2A.—
Ejectment Civil Bill—Permissive occupant
.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at
, an appearance to answer the claim of of in the
County of , the Plaintiff herein, for possession
of the premises occupied by you as (servant, or caretaker, or permissive occupant, as the case may be).
And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.
And further take notice that if you intend to defend the proceeding on any grounds you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may he entered and notice thereof given to the Plaintiff or his Solicitor by post.
To
C.D.,
Defendant.
INDORSEMENT OF CLAIM.
The Plaintiff's claim is for the recovery of possession of
situated at and occupied by the Defendant since
as whereof possession was
demanded on but has been withheld.
...................................................Plaintiff
or Solicitor for Plaintiff.
Form No.
2B
.—Ejectment Civil Bill.-Non-payment of rent.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at,
, an appearance to answer the claim of of in the
County of , the Plaintiff herein, for possession of the premises occupied by you as tenant (from year to year or under lease or contract of tenancy as the case may be).
And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.
And further take notice that if you intend to defend the proceeding on any grounds you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.
To
C.D.,
Defendant,
and all other persons having or claiming any interest in the premises.
INDORSEMENT OF CLAIM.
The Plaintiff's claim is for possession of £
at held by the Defendant as tenant to the Plaintiff under at the yearly rent of on the ground that the sum of £ being one full year's rent which became due and payable on is still due and unpaid.
NOTE.—If the said sum of £ together with the sum of £1:5:0 in full satisfaction of all costs be paid to the Plaintiff or his Solicitor within ten days from the service hereof all further proceedings will be stayed.
......................................................Plaintiff
or Solicitor for Plaintiff
Form No.
2C
—Title Jurisdiction.—Ejectment Civil Bill on the Title.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at , an appearance to answer the claim of of in the County of , the Plaintiff herein, for possession of the lands of the annual value of which does not exceed the sum of £60.
And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.
And further take notice that if you intend to defend the proceeding on any grounds you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.
To
C.D.,
Defendant,
and all other persons having or claiming any interest in the premises.
INDORSEMENT OF CLAIM.
The Plaintiff's claim is for recovery of possession of the lands of
which are the property of the
Plaintiff and possession of which the Defendant wrongfully withholds.
.............................................Plaintiff or Solicitor for Plaintiff.
FORM No.
2D
.—Ejectment Civil Bill for Overholding.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at
, an appearance to answer the claim of of in the County of the Plaintiff herein, for possession of the premises at occupied by you.
And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.
And further take notice that if you intend to defend the proceeding on any grounds you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.
To
C.D.,
Defendant,
and all persons having or claiming any interest in the premises.
INDORSEMENT OF CLAIM.
The Plaintiff's claim is for possession of the lands of
lately held by the Defendant C. D. as tenant to the lease Plaintiff under of tenancy dated
contract
which said tenancy determined on last.
......................................................Plaintiff
or Solicitor for Plaintiff.
Form No.
2E.
—Civil Bill for Legacy.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at , an appearance to answer the claim of of in the County of , against you as (executor or administrator as the case may be) of deceased.
And take notice that in default of your so doing you will be held to have admitted the said claim and judgment may be given against you in your absence.
And further take notice that if you intend to defend the proceeding you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.
To
C.D.,
the Defendant.
INDORSEMENT OF CLAIM.
The Plaintiff's claim is against the Defendant as (executor or administrator as the case may be) of deceased for the sum of £ being in respect of a legacy (or distributive share of the assets) under the will (or upon the distribution of the assets) of the said deceased.
.......................................Plaintiff
or Solicitor for Plaintiff.
Form No.
2F.
Lunacy Civil Bill.
In the matter of the County Court Jurisdiction in Lunacy (Ireland) Act, 1880, in the matter of the
Courts of Justice Act, 1924
, and in the matter of A.B. alleged to be a person of unsound mind.
Exparte C.D. of Petitioner.
You the said A.B. or some person on your behalf are hereby required within ten days from the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar at his office at
an appearance to show cause why you should not be declared to be a person of unsound mind.
And take notice that if you intend to show cause you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your objection.
The appearance and objection may be entered and notice thereof given to the Petitioner or his Solicitor by post.
To
A.B. of
............................................................ ........
INDORSEMENT OF CLAIM.
The Petitioner C.D. being a person having an interest in the well-being of the said A.B. avers that the said A.B. who has for the past twelve months been residing at is a person of unsound mind and incapable of protecting his own property which so far as the said C.D. can ascertain consists of the following:—
The said Petitioner accordingly prays that the said property be taken under the protection and control of the Court and applied for the maintenance of the said A.B. under the Court's direction.
.............................................Signature of Petitioner.
...............................................Petitioner's Solicitor.
Form no. 2G.
—
Interpleader Civil Bill
.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at , an appearance to answer the claim of of in the
County of for relief by way of interpleader.
And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order barring any claim you may have to the subject-matter of these proceedings.
And further take notice that if you intend to defend the proceeding on any grounds you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.
To C.D. of ................................................
and E.F. of..................................
Defendants.
INDORSEMENT OF CLAIM.
The Plaintiff's claim is to have it determined by the Court whether..................................(describe the property) in which he himself claims no interest is the property of the said C.D. or the said E.F. The Plaintiff avers that he is not in collusion with the said C.D. or the said E.F. and declares that he is willing to hold the said..........................................or transfer the same as the Court may direct.
The Plaintiff claims also the costs of these proceedings as the Court may determine.
Form No.
2H.
—Testamentary Civil Bill.
In the matter of.................:.....................deceased.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at
, an appearance to answer the claim of of in the County of the Plaintiff herein
grant
for the of probate or letters of administration as set forth in the
revocation
indorsement.
And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence.
And further take notice that if you intend to defend the proceeding on any grounds you must not only enter an appearance as aforesaid but also within ten days after appearance deliver a statement in writing showing the nature and grounds of your defence.
The appearance and defence may be entered and notice thereof given to the plaintiff or his Solicitor by post.
To
C.D. of ............................................................ ...........
Defendant,
INDORSEMENT OF CLAIM.
The Plaintiff's claim is for a grant of probate of the last will and testament dated................................... of ..................................................of......................................
in the County of.......................................who died on......................................................
or
The Plaintiff's claim is for the grant of letters of administration of the estate of...................................................... of............................................................ ........in the County of..........................................who died on................................. intestate,
or
Probate
The Plaintiff's claim is for the revocation of of Administration
Letters
granted forth of........................................................Probate Registry on..........................
in the matter of the estate of............................................................ .........................in the
County of...................................................
Form No
3.—
Request for entry of Civil Bill.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Defendant having been duly served on....................................with a copy of the Civil Bill herein, and not having satisfied the Plaintiff's demand I request you will enter the said Original Civil Bill, which is attached hereto, for further proceeding.
...................................................Plaintiff
or Solicitor for Plaintiff/
Form No
. 4.—
Consent to Judgment.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Defendant hereby admits that he is liable to the Plaintiff for the sum of £
being portion of the claim in as claimed in
the Civil Bill served upon him on............................................................ .....................and consents to the entry of judgment against him accordingly with appropriate costs to date.
.............................................DEFENDANT.
...............................................WITNESS.
Form No.
5
.—Entry of Appearance.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
(1) To the County Registrar
at.......................................
I request you will enter an appearance herein on behalf of the Defendant to the Civil Bill served upon him on................................
.......................................Defendant.
or Defendant's Solicitor.
(2) To..............................Plaintiff,
or Plaintiff's Solicitor.
The appearance mentioned above was this day lodged by hand (or sent by post) and the said Defendant intends to defend this proceeding.
............................... Defendant.
or Defendant's Solicitor.
Form No.
6
.—Defence.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Defendant refers to the Plaintiff's claim in the Civil Bill served herein to which an appearance was entered on . The Defendant will contest the said claim on the ground
......................................................Defendant,
or Solicitor for Defendant.
To............................................................ ......
Plaintiff
or Plaintiff's Solicitor
and
..........................................................
County Registrar
Form No.
7
.—Notice requiring Copies of Documents.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
Plaintiff
Take notice that the requires copies of the following documents
Defendant
Defence
referred to in herein, viz.:—
Civil Bill
Form No.
8
.—Notice requiring further information.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
PLAINTIFF
Take notice that the requires further information regarding
DEFENDANT
DEFENCE
the following matters referred to in the herein, viz.:—
CIVIL BILL
Form No.
9
.—Application for Judgment by default of appearance.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Plaintiff refers to the Civil Bill herein entered on
the time for appearance to which expired on
declaration
as appears by the of service lodged herewith. No appearance
affidavit
having been entered by or on behalf of the Defendant the Plaintiff hereby requests that judgment be entered for the sum of £ (the sum now actually due over and above all just credits and allowances as *verified by the Affidavit of Debt sworn by............................................. on....................................) besides costs.
*In proceedings at the suit of the Land Commission or Commissioners of Public Works substitute "as appears by the Certificate under seal dated the......day of..................19......in pursuance of
Section 28
of the
Land Act, 1927
," or as the case may be.
CERTIFICATE.
the sum of £
It is hereby certified that only
no sum whatever
has been paid on foot of the claim herein since service of the Civil Bill herein and that the sum of £ is accordingly now actually due by the Defendant to the Plaintiff.
.............................................Plaintiff
or Solicitor for Plaintiff.
Form No.
10
.—Application for Judgment by default of defence.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
The Plaintiff refers to the Civil Bill herein entered on
the time for appearance to which expired on The Defendant having entered an appearance on but not having given notice of Defence the Plaintiff hereby requests that Judgment be entered for the sum of £ (the sum now actually due over and above all just credits and allowances as verified by the affidavit of Debt sworn by on ) besides costs.
[Certificate as in Form No. 9.]
Form No.
11
.—Notice of Motion for Summary Judgment.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
Take notice that application will be made to the Court on
or on the next opportunity thereafter for leave to enter Judgment against the Defendant for the sum of £ and costs notwithstanding the appearance entered on his behalf.
The said application will be grounded on the affidavit of filed on a copy of which is served herewith. Any affidavit intended to be used in reply thereto should be filed and delivered before the hearing of the application.
............................................................ .PLAINTIFF
or Solicitor for Plaintiff
To............................................................ ................
DEFENDANT.
or Defendant's Solicitor.
Form No.
12
.—Affidavit grounding application for Summary Judgment.
BETWEEN
A.B.
PLAINTIFF
and
C.D.
DEFENDANT.
I............................................................ .......of.................................................(occupation)
make oath and say as follows:—
22. Where a judgment is registered under the provisions of the Act a sum of £1 :10 :0 shall be allowed in addition to the costs set forth in the appropriate scale in the third schedule.
Counsel's fees.
23. Counsel's fees when allowed shall be according to the scale set forth in the Appendix to the third Schedule.
Jury.
24. Where a Jury is summoned and allowed the costs for summoning same shall be the sum of 10s. 6d. in addition to any fees payable to the Sheriff in connection therewith.
Solicitor and Client costs where judgment for smaller sum than that claimed.
25. Where in an action for a liquidated demand Judgment is given for a lesser sum than the amount sued for, the Solicitor for the Plaintiff or Defendant shall be entitled to charge as between Solicitor and Client the Costs applicable to the amount sued for, credit being given for any Costs recovered from the opposite party.
Solicitor and Client costs in exceptional cases.
26. Where owing to the work actually performed or the peculiar or exceptional difficulty or complexity of the case the Costs allowed by the Schedule would be inadequate, a fair and reasonable fee over and above the Costs allowed in the Third Schedule may be charged as between Solicitor and Client, together with the amount of any proper and necessary outlay. Such special fee if charged may be taxed by the County Registrar, on the application of the Client or the Solicitor at any time within one month from the date when the Bill of Costs was furnished.
Appeals.
27. In Appeals from the District Court party and party costs shall be allowed on the scale set forth in Part VIII. of the Third Schedule.
Costs in Equity cases and in proceedings for sums exceeding £100.
28. Costs as between Solicitor and Client and the Plaintiff's party and party costs of actions and matters where the amount recovered or involved exceeds £100 or the Defendant's party and party costs where the amount sued for or involved exceeds £100 and the action or matter is dismissed, or the party and party costs of actions for assault, breach of promise, libel or slander or of any of the proceedings mentioned in Order XXVI., Rule 1, shall be taxed under the present High Court scale and the rules applicable thereto less one-third, but nothing herein shall be deemed to authorise in Equity cases the value of the subject matter of which does not exceed £200 or £500 respectively, and which could formerly have been brought under the provision of the County Officers and Courts (Ireland) Act, 1877, Part II. , the allowance of any greater costs than those which by the Rules of the County Court were payable in such proceedings in the County Court immediately prior to the passing of the Act.
Costs in cases of ejectment (Agricultural Holdings).
29. Land Law (Ireland) Act, 1887 and 1896 (Agricultural Holdings)—The Costs of a Judgment in Ejectment for non-payment of rent or of a dismiss in cases under this Act shall be allowed according to the scale in Part V. of the third Schedule.
Landlord and Tenant cases.
30. Where under any Act a Special Scale of Costs is prescribed such scale as amended by any subsequent order shall continue to apply notwithstanding the coming into operation of these Rules.
ORDER XLI. GENERAL.
Solicitor may do acts for client.
31. An official liquidator when appointed may instruct a Solicitor to represent him and where the attendance of such Solicitor is required on any proceeding the official liquidator need not attend in person unless his presence is necessary or directed by the Court.
Final account, balance sheet, and discharge of official liquidator.
32. Upon the termination of the proceedings for the winding-up of any Company a balance-sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit, and the official liquidator shall pass his account and the final balance due thereon shall be certified. Upon payment of such balance (if any) the official liquidator may be discharged and his security released.
Order for dissolution of Company.
33. Upon the discharge of the official liquidator as aforesaid the Court may order that the Company, if not already dissolved, be dissolved as from the date of the order, and thereupon the official liquidator's file of proceedings and his books of account shall be lodged with the County Registrar.
ORDER XXVII. RECEIVERS AND ADMINISTRATORS PENDENTE LITE.
Court may appoint Receiver of own initiative.
RULES OF THE CIRCUIT COURT OF JUSTICE. 08/02/1930: CIRCUIT COURT RULES
I, JAMES FITZGERALD-KENNEY, Minister for Justice, by virtue of the powers conferred upon me by
Section 65
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 the Circuit Court.
Dated this 8th day of February, 1930.
JAMES FITZGERALD-KENNEY,
Minister for Justice.
CONTENTS.
Page
Introductory ... ... ... ...
1
Order
I.
Sittings, Language, Office Hours, Exercise of Jurisdiction ... ... ... ...
2
"
II.
Commencement of Proceedings ... ...
3
"
III.
Parties ... ... ... ... ...
5
"
IV.
Joinder of Claims ... ... ...
6
"
V.
Particulars and Statement of Claim ...
7
"
VI.
Service and Entry ... ... ...
8
"
VII
Appearance and Defence ... ... ...
10
"
VIII.
County Registrar ... ... ...
13
"
IX.
Orders on Formal Matters and Side-Bar Applications ... ... ... ...
14
"
X.
Sittings in Chambers and Interlocutory Applications ... ... ... ...
14
"
XI.
Discontinuance ... ... ... ...
16
"
XII.
Change of Parties ... ... ...
16
"
XIII.
Evidence ... ... ... ...
17
"
XIV.
Affidavits ... ... ... ...
19
"
XV.
Judgment by Consent or Default ... ...
21
"
XVI.
Summary Judgment ... ... ...
22
"
XVII.
Review of Judgments ... ... ...
23
"
XVIII.
Admissions ... ... ... ...
24
"
XIX.
Trial ... ... ... ... ...
24
"
XX.
Execution ... ... ... ...
26
"
XXI.
Garnishee ... ... ... ...
29
"
XXII.
Receiver by way of Equitable Execution ...
30
"
XXIII.
Interpleader ... ... ... ...
31
"
XXIV.
Accounts ... ... ... ...
32
"
XXV.
Transfer of Actions ... ... ...
36
"
XXVI.
County Officers and Courts Act, Trustee Acts, etc. ... ... ... ... ...
37
"
XXVII.
Receivers and Administrators Pendente Lite ...
41
"
XXVIII.
Security ... ... ... ... ...
42
"
XXIX.
Persons of Unsound Mind ... ...
43
"
XXX.
Probate ... ... ... ... ...
45
"
XXXI.
Sales ... ... ... ... ...
46
"
XXXII.
Ejectments ... ... ... ...
47
"
XXXIII.
Workmen's Compensation Acts ... ...
48
"
XXXIV.
Town Tenants Act, 1906 ... ... ...
49
"
XXXV.
Bankruptcy ... ... ... ...
49
"
XXXVI.
Admiralty ... ... ... ...
49
"
XXXVII.
Service out of Saorstat Eireann ... ...
50
"
XXXVIII
Licences ... ... ... ... ...
51
"
XXXIX.
Appeals from the District Court ... ...
52
"
XL.
Costs ... ... ... ... ...
53
"
XLI.
General ... ... ... ... ...
57
Schedule I. Sittings—Towns ... ...
" II. Forms ... ... ...
" III. Costs ... ... ...
CIRCUIT COURT OF JUSTICE.
RULES OF COURT.
INTRODUCTORY.
Title.
These Rules may be cited as The Circuit Court Rules
Definitions.
In these Rules
"the Act" means the Courts of Justice Act, (No. 10 of 1924), and any Act extending, altering, varying, or amending the same.
the expression "the Minister" shall mean the Minister for Justice.
"the Court" shall mean the Circuit Court as that expression is used in the Act.
"the Judge" shall, save where otherwise expressly stated, mean a Judge of the Circuit Court or a lawfully appointed Assistant or Deputy.
"Civil Bill" shall mean the document by which ordinary civil proceedings are originated in the Court.
"County Registrar" includes any temporary deputy county Registrar and any person appointed to act as such Registrar or deputy.
"Judgment" shall mean the decision of the Court in any proceeding.
"Decree" shall mean the Order of the Court embodying its judgment.
"Matter" shall mean any proceeding in the Court commenced otherwise than by Civil Bill.
"Under Sheriff" shall include County Registrar where the context so permits.
"Summons" shall mean any document other than a Civil Bill or Petition by which any person is required to attend before or to submit himself to the Jurisdiction of the Court.
"Office" and "the office" shall mean the Office of the Court in any County.
"Equity Suit" shall include any proceedings of the nature set forth in Section 33 of the County Officers and Courts (Ireland) Act, 1877, or any Act extending of amending the same.
"month" shall mean Calendar month. "days" when not expressed to be "clear days" shall be exclusive of the first and inclusive of the last of such days.
"Solicitor" shall include a firm of Solicitors, or any partner therein.
ORDER I. SITTINGS, LANGUAGE, OFFICE HOURS, EXERCISE OF JURISDICTION, ETC.
Sittings to be published beforehand.