S.I. No. 29/1965 - Rules of the Superior Courts

1. At the trial or hearing of any cause or matter with oral evidence, any party may apply to the Judge for an order that the proceedings be reported by a shorthand writer and thereupon the Judge shall appoint a shorthand writer who shall take a note of—

(

a

) the oral evidence;

(

b

) in case of an action tried by a Judge and jury, the Judge's charge and directions to the jury, and the submissions and requisitions made to the Judge and his rulings thereon;

(

c

) in any case tried by a Judge without a jury, the Judge's judgment (unless it be a written judgment).

2. At the hearing of any inquiry as to damages or other proceedings by the Master with oral evidence, any party may apply to the Master for an order that the proceedings be reported by a shorthand writer and thereupon the Master shall appoint a shorthand writer who shall take a shorthand note of the oral evidence and the Master's judgment (unless it be a written judgment), and Order 36, rule 43 shall not apply in such case.

3. The party applying for an order under rule 1 or rule 2 shall pay the remuneration of the shorthand writer unless the Judge or the Master (as the case may be) shall immediately after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so reported. If such certificate is given the remuneration of the shorthand writer for reporting the proceedings or part thereof to which the certificate relates shall be part of the costs in the cause.

4. Order 68, rule 18, and the form therein referred to, shall be deleted.

5. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 5) 1964.

EXPLANATORY NOTE

These Rules prescribe court procedures relating to the

Registration of Business Names Act, 1963

, probate matters, shorthand reporting and Revenue, in amendment of the Rules of the Superior Courts.

S.I. No. 29 of 1965.

RULES OF THE SUPERIOR COURTS

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act, 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act, 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act, 1924

, section 36, and the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48, and the

Courts (Supplemental Provisions) Act, 1961

, section 14), and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 3rd day of December, 1964.

Cearbhall O Dálaigh

Brian Walsh

John Kenny

John O'Leary

P. J. Nugent

Thomas A. O'Reilly

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

Dated this 8th day of February, 1965.

BRIAN LENIHAN

Minister for Justice

RULES OF THE SUPERIOR COURTS (No. 5) 1964