S.I. No. 179/1950 - The Rules of the Circuit Court, 1950.

1. The Circuit Court Rules, 1930, which came into operation on the 1st day of January, 1932.

2. Circuit Court (Appeals from District Court) Rules, 1943.

3. Circuit Court Rules, 1948.

4. Those parts of the Circuit Court (Workmen's Compensation) Rules, 1942, referred to in Rules 2, 3 and 4 of Order 40 of these Rules.

5. The Rules of Procedure as to Compensation for Criminal Injuries under the Local Government (Ireland) Act, 1898, and the

Damage to Property (Compensation) Act, 1923

, dated the 25th day of July, 1923.

6. The Criminal Injuries Amending Rules, 1923, dated the 6th day of September, 1923.

7. The Criminal Injuries Amending Rules, 1924, dated the 1st day of January, 1924.

8. The Rules of Procedure as to Compensation for Injuries to Property under the Criminal Injuries Acts and the

Damage to Property (Compensation) (Amendment) Act, 1933

, dated the 14th day of November, 1933, save as to applications under that Act.

9. The Circuit Court Rules (Service of Originating Documents by Post) Order, 1944.

10. The

Housing (Miscellaneous Provisions) Act, 1931

, Rules, 1933.

11. The landlord was entitled under subsection (1) of section 31 of the said Act to serve the notices mentioned in that subsection, and did so (or, and the Applicant, on the day of , 19 , duly served on the Respondent the duplicate notice mentioned in subsection (2) of the said section 31) (i).

AND TAKE NOTICE that the application will be listed for hearing by the Court on the day of , 19 , or on the first available day thereafter.

Dated the day of , 19 .

(Signed).............................................. Applicant;

(or Solicitor for Applicant).

(Address)............................................................ .

............................................................

To : ................................

.............................................

of ................................................

........................................................*

The above-named Respondent.

(

e

)Delete this paragraph unless the applicant relies on section 34 of the act.

(

f

) " Public Health Acts, 1878 to 1931 " or " Housing of the Working Classes (Ireland) Acts, 1890 to 1921," as the case may be.

(

g

) Delete whichever paragraph is inappropriate.

(

h

) " the Applicant " or "............, a predecessor in title of the Applicant," as the case may be.

(

i

) Delete this paragraph if Respondent is the landlord.

*Add description.

CÚIRT BHREITHIÚNAIS CHUARDA.

Circuit Court of Justice

............................................................ ............Circuit.

County of............................................................ .........

LANDLORD AND TENANT ACTS, 1931 AND 1943.

Between

............................................................ ...... Applicant,

and

............................................................ ...Respondent.

FORM 55.

TAKE NOTICE that the above-named Applicant, of in the County of *, hereby applies to the Court sitting at to determine, pursuant to the provisions of subsection (2) of section 10 of the above Act of 1931, the right of the Applicant to be paid by the Respondent compensation for improvements to the premises † in the County of , and to fix the amount of such compensation pursuant to the provisions of subsection (1) of section 11 of the said Act, and to provide for the costs of this application.

AND TAKE NOTICE that the Applicant will rely on the following matters in support of the application:—

12. Where the time for doing any act or taking any proceedings expires on a Sunday or other day on which the Office is closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding, shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the Office shall next be open.

Non-compliance with Rules.

13. 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.

Where no appropriate Rule.

14. Where there is no Rule provided by these Rules to govern practice or procedure, the practice and procedure in the High Court may be followed.

FIRST SCHEDULE.

Sittings—Towns.

Circuit

Towns

Dublin

Dublin.

Cork

Cork, Macroom, Bantry, Skibbereen, Mallow, Kanturk, Youghal, Fermoy, Clonakilty, Bandon.

North Eastern

Cavan, Carrick-on-Shannon, Manorhamilton, Castleblayney, Monaghan.

North Western

Letterkenny, Donegal, Buncrana, Ballyshannon, Sligo.

Western

Galway, Clifden, Loughrea, Castlebar, Westport, Ballina, Belmullet, Swinford.

Midland

Portlaoighise, Longford, Tullamore, Birr, Boyle, Roscommon, Athlone, Mullingar.

Eastern

Naas, Dundalk, Drogheda, Trim, An Uaimh, Ceanannus Mor, Wexford, Wicklow, Baltinglass.

South Western

Ennis, Kilrush, Tralee, Listowel, Killarney, Limerick, Rathkeale.

South Eastern

Carlow, Kilkenny, Nenagh, Thurles, Clonmel, Tipperary, Dungarvan, Lismore, Waterford.

SECOND SCHEDULE.

FORMS.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ........................................................Circuit.

County of............................................................ ...................................................

FORM 1—CONSENT UNDER

SECTION 48

(1) OF THE

COURTS OF JUSTICE ACT, 1924

, AS AMENDED BY

SECTION 26

of THE

COURTS OF JUSTICE ACT, 1936

.

Between

A.B.

Plaintiff

;

and

C.D.

Defendant.

We, the undersigned parties, do hereby consent that the Circuit Court sitting in the above County shall have jurisdiction in the action or matter entitled as above without any limit as to amount of claim or value of property involved.

* And we do hereby consent that the decision of the said Court shall be final and conclusive and shall not be appealable.

Dated this day of 19 .

....................................................Plaintiff;

....................................................Defendant.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ...................................Circuit.

County of............................................................ ..............................

FORM 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, as indorsed hereon.

And take notice that, unless you do enter an Appearance, 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.

* Strike out if not agreed to.

The Appearance and Defence may be entered by posting the same to the said Office, and by giving copies thereof to the Plaintiff, or his Solicitor, by post.

Dated the day of 19 .

(Signed)............................................................ .

(Address)..........................................................

TO..............................................

C.D. of............................................................ ............................................................ .............

Defendant.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for *............................................................ ................................................

............................................................ ............................................................ ................

............................................................ ............................................................ ................

and for the costs of the proceeding.

(Signed)........................................ 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.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ................................Circuit.

County............................................................ .................................

FORM 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, unless you do enter an Appearance, 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 by posting the same to the said Office and by giving copies thereof to the Plaintiff, or his Solicitor, by post.

* Here state nature of claim, e.g., cash lent, price of goods sold and delivered, rent, detinue, damages etc., giving full particulars.

* Fill in where claim is for a liquidated amount.

Dated the day of 19 .

(Signed)..........................................

(Address)......................................

To..............................

C.D.

Defendant

and all persons concerned.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for the recovery of possession of situate at and occupied by the Defendant since as whereof possession was demanded on but has been withheld, and for the costs of the proceeding.

..................................... Plaintiff ;

or Solicitor for Plaintiff.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ .....Circuit.

County of...........................................................

FORM 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 (to the Plaintiff or as the case may be).

And take notice that unless you do enter an Appearance you will be he d 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 by posting same to the said Office and by giving copies thereof to the Plaintiff, or his Solicitor, by post.

Dated the day of 19 .

(Signed) ..........................................

(Address).........................................

To

C. D.,

Defendant,

and all persons concerned.

ENDORSEMENT OF CLAIM.

The Plaintiff's claim is for possession of situate at held by the Defendant (or as the case may be) as tenant to the Plaintiff under * at the yearly rent of an the ground that the sum of £ being year's rent which became due and payable on is still due and unpaid† and for the costs of the proceeding.

NOTE.—If the said total sum of £ together with the sum of‡ 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.

* Give full particulars of tenancy.

† If the plaintiff so elects he may also claim an rent due to him by defendant.

‡ Insert appropriate costs of preparation, entry and service of Civil Bill.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ .............Circuit.

County of............................................................ .........

FORM 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 Plaintiffherein, forpossession of the lands of

the annual value of which does not exceed the sum of £60.

And take notice that, unless you do enter an Appearance, 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 by posting the same to the said Office and by giving copies thereof to the Plaintiff or his Solicitor by post.

Dated the day of , 19 .

(Signed)................................................

(Address)...............................................

To..............................

C.D.

Defendant,

and all persons concerned.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for recovery of possession of the lands of

situate at which are the property of the Plaintiff and possession of which the Defendant wrongfully withholds ; and for the costs of the proceeding.

..........................................Plaintiff;

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ............. Circuit.

County of............................................................ .........

FORM 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 unless you do enter an Appearance, you will be held to have admitted the said claim inapplication 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 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 by posting the same to the said Office and giving copies thereof to the Plaintiff or his Solicitor by post.

Dated the day of 19 .

(Signed) ................................................

(Address) ...............................................

To..............................

C.D.,

Defendant,

and all persons concerned.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for possession of the lands of lately held by the Defendant as tenant to the Plaintiff under lease (contract of tenancy) †dated the day of and made between , and at the rent of which said tenancy determined on last; and for the costs of the proceeding.

Dated the day of 19 .

(Signed)............................................................ Plaintiff

or, Solicitor for Plaintiff.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ .............Circuit.

County of............................................................ .........

FORM 2E.—LUNACY CIVIL BILL.

In the matter of the County Court Jurisdiction in Lunacy (Ireland) Act, 1880, in the matter of the Courts of Justice Acts, 1924 to 1949, and in the matter of A.B., alleged to be a person of unsound mind.

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 unless you do enter an Appearance an Order may be made declaring you to be of unsound mind and incapable of managing your affairs.

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 Defence.

The Appearance and Defence may be entered by posting the same to the said Office and giving copies thereof to the Petitioner or his Solicitor by post.

Dated the day of 19 .

(Signed)................................................

(Address)...............................................

To..............................

A.B. of

..............................

INDORSEMENT OF CLAIM.

15. The costs mentioned in Rule 7 of Order 5 shall be payable by a defendant after the issue of a Civil Bill although he has paid or tendered the amount of the plaintiff's demand to the plaintiff or his Solicitor before such Civil Bill be served upon him.

Costs in Schedule to be exclusive of outlay.

16. The costs set forth in the scales in the Schedule of Costs hereto shall in every instance be exclusive of and in addition to all such actual and necessary outlay as may be allowed.

Costs of counterclaim.

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

In awarding the costs of a counterclaim the Judge may either :—

(

a

) allow such costs in full, in which case they shall be taxed according to the scale which would have been appropriate if the defendant had, as plaintiff, instituted separate proceedings in respect of the subject matter of the counterclaim ; or

(

b

) allow such part of the full costs as in all the circumstances shall appear to him to be fair and reasonable.

Set off of costs.

Where judgment is entered for the plaintiff on his claim, and for the defendant on his counterclaim, or where both claim and counterclaim are dismissed, the Judge may order that the costs allowed to one party be set off, either in full or

pro tanto

, against the costs allowed to the other party.

Fee to successful defendant who has lodged money.

18. Where judgment is entered in favour of a defendant who has lodged in Court a sum in satisfaction of the plaintiff's claim the Judge may allow to the defendant, in addition to the appropriate scale costs, a reasonable sum, not exceeding £1 1s. 0d., to cover the costs of lodgment and withdrawal.

Counsel's fees.

19. Save where otherwise provided by these Rules, Counsel's fees shall be according to the scales set forth in the Schedule of Fees hereto.

Disallowance of counsel's fees.

The Judge may, as between party and party, on his own initiative or on the application of any party, disallow Counsel's fees for settling any document, or for appearance in Court, or both.

Fees for summoning Jury.

20. Any party entitled to a trial with a jury who has duly caused same to be summoned shall have as part of his costs the sum of ten shillings and sixpence in addition to any fees payable to the Sheriff in connection therewith.

Costs of registering Judgment.

21. Where judgment has been entered in any proceeding, and the same is registered under the provisions of the Principal Act, or The

Circuit Court (Registration of Judgments) Act, 1937

, there may be allowed, in addition to the appropriate costs of such proceeding, a sum of £1 10s 0d. in addition to outlay, in respect of such registration. On production to him of proof of the registration of such judgment, the County Registrar shall add the amount of such sum and outlay to the amount of the decree or order. Such sum and outlay shall not be allowed by the County Registrar, or by the Court on appeal from him, unless it shall be held that such registration was reasonable.

Costs in cases where consent to jurisdiction.

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

Costs in libel cases.

23. In all actions for libel, the Judge may, in his discretion, direct that the costs awarded be taxed in accordance with Column 3 of the Schedule of Costs.

Where costs regulated by Statute.

24. Where under Statute a special scale of costs is prescribed, then, unless in substitution for such scale, a scale of costs is provided in the Schedule of Costs hereto, such special scale shall apply.

Costs in detinue, equity and other cases may be ascertained by reference to value of subject matter.

25. Where the proceedings are for the return of a specific chattel, with or without an alternative claim for damages, or where there is in any equity or other case difficulty in ascertaining or applying the appropriate scale, the Judge may at the hearing for the purpose of the taxation of the costs, determine the value of such chattel or the subject matter of the proceedings. In any case in which the Judge shall not have determined such value, the County Registrar may, subject to an appeal to the Court, determine the same.

Costs in hire purchase claims.

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

Costs where no appropriate scale.

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

Costs of application in office for execution orders.

28. The Solicitor for any party applying in the Office for the issue or renewal of an execution order shall be entitled, as and for the costs of the same, to the sum of eleven shillings and sixpence, exclusive of outlay, in addition to the costs allowed by the decree or order, execution of which is sought.

What are Equity proceedings.

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

30. Where proceedings have been instituted on the Equity side of the Court, and the Judge is of opinion that adequate relief could have been obtained in proceedings under any other jurisdiction of the Court, he may order that the plaintiff, if successful, be allowed only such costs and outlay as could have been allowed in such proceedings under such other jurisdiction.

Costs under

Rent Restrictions Act, 1946

.

31. In any case under the

Rent Restrictions Act, 1946

, in which costs are allowed, the Judge shall in his discretion award the same under the 1st, 2nd or 3rd Column of Part VIII of the Schedule of Costs hereto and, in exercising such discretion, the Judge shall in particular have regard to the amount of rent involved.

ORDER 59. GENERAL.

Solicitor may do all acts for client.

S.I. No. 179 of 1950.

THE RULES OF THE CIRCUIT COURT, 1950.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

Section 69

of the

Courts of Justice Act, 1936

, by virtue of the powers conferred upon us by

Section 66

of the

Courts of Justice Act, 1924

, and

Section 70

of the

Courts of Justice Act, 1936

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 30th day of June, 1950.

Signed : W. G. SHANNON.

W. J. GLEESON.

PATRICK J. ROE.

E. C. MICKS.

ROGER O'HANRAHAN.

SEÁN O h-UADHAIGH.

JOSEPH P. TYRRELL.

MICHEÁL Ó CLEIRIGH.

I concur in the making of the annexed Rules of Court.

Dated this 3rd day of July, 1950.

(Signed) SEÁN MACEOIN,

Minister for Justice.

CONTENTS

Title and Citation.

Interpretation of Terms.

Order 1. Sittings, Language and Office Hours.

" 2. Venue.

" 3. Judges' Robes and Mode of Address to the Judges.

" 4. Court Seal.

" 5. Commencement of Proceedings.

" 6. Parties.

" 7. Actions by and against Firms and Persons carrying on business in names other than their own.

" 8. Joinder of Claims.

" 9. Indorsement of Claim.

"10. Service and Entry.

"11. Service out of the Jurisdiction.

"12. Appearance, Defence, Lodgment and Counterclaim.

"13. Security for Costs.

"14. Particulars and further Particulars in Claim or Defence.

"15. County Registrar.

"16. Side-Bar Applications.

"17. Sittings in Chambers and Interlocutory Applications.

"18. Discontinuance.

"19. Change of Parties.

"20. Evidence.

"21. Attendance of Witnesses.

"22. Affidavits.

"23. Judgment by Default in cases of Liquidated Demands and Claims for delivery of Goods and Chattels.

"24. Summary Judgment.

"25. Judgment by Default in cases not coming within the preceding Orders.

"26. Judgment by consent in the Office.

"27. Review of Judgments.

"28. Admissions.

"29. Discovery of Documents.

"30. Trial.

"31. Order as to Trial of Separate Issues.

"32. Transfer of Actions.

Order 33. Execution.

" 34. Probate.

" 35. Ejectments.

" 36. Attachment and Committal.

" 37. Attachment of Debts by Garnishee.

" 38. Receiver by way of Equitable Execution.

" 39. Interpleader.

" 40. Workmen's Compensation Acts.

" 41. Bankruptcy.

" 42. Intoxicating Liquor Licences.

" 43. Appeals from the District Court.

" 44. Appeals to the Court of Criminal Appeal.

" 45. Sales.

" 46. Security.

" 47. Administrators Pendente Lite and Receivers.

" 48. The County Officers and Courts (Ireland) Act, 1877 ; The Settled Land Acts ; The Trustee Relief Acts ; and the Trustee Acts.

" 49. Persons of unsound mind.

" 50. Accounts.

" 51. Motions.

" 52. Criminal Injury Applications.

" 53. Registration of Title.

" 54. Rent Restrictions Acts.

" 55. Landlord and Tenant Acts.

" 56.

Housing (Miscellaneous Provisions) Act, 1931

.

" 57. Amendments.

" 58. Costs.

" 59. General.

FIRST SCHEDULE.

SITTINGS—TOWNS.

SECOND SCHEDULE.

FORMS.

THIRD SCHEDULE.

COSTS AND COUNSEL'S FEES.

APPENDIX.

REPEALS.

RULES OF THE CIRCUIT COURT OF JUSTICE.

The following Orders and Rules may be cited as " The Rules of the Circuit Court, 1950."

They shall come into operation on the 2nd day of October, 1950, and shall also apply, so far as may be practicable (unless otherwise expressly provided), to all proceedings taken on or after that day in all causes and matters then pending. The Orders and Rules mentioned in the Appendix hereto are hereby annulled, and the following Orders and Rules shall stand in lieu thereof.

INTERPRETATION OF TERMS.