S.I. No. 27/1971 - The Rules of the Superior Courts (No. 3), 1970.

1. On taking an affidavit, affirmation or declaration ...

£0·25.

2. On marking exhibits therein referred to and required to be marked—for each exhibits ... ... ... ...

£0·10

—but not exceeding for all exhibits ... ... ... ...

£1·50

3. On attesting the execution of a bond ... ... ...

£0·25

EXPLANATORY NOTE.

These Rules, which come into operation on 15th February, 1971, provide for the restating, in Decimal Currency, of the scales of costs set out in Appendix W of the Rules of the Superior Courts, 1962, as amended.

4. Each additional service thereof if on a solicitor

£0·14

5. Service on person other than a solicitor such reasonable sum as has been paid

6. Instructions for and preparation and lodgment of notice to vary

£1·68

7. Service thereof on solicitor where only one party to be served

£0·28

8. For each additional copy served

£0·14

9. Each additional service thereof if on a solicitor

£0·14

10. Service on person other than a solicitor such reasonable sum as has been paid.

PART VII.

FEES PAYABLE TO COMMISSIONERS FOR OATHS.

11. Certificate of the vesting of estate in assignees or trustees, including filing copy and procuring office copy and attendances to register in the Registry of Deeds (when applicable) .. .. .. .. .. .. ..

£2·24

12. Composition bill or note (besides stamp duty)

£0·08.

Note to items 1 to 12—The foregoing fees cover all work in taking instructions for and drawing, engrossing, swearing, issuing, filing and serving the documents respectively referred to.

13. Perusing bankrupt's or arranging debtor's statement of affairs

£1·12

14. Perusing bankrupt's or arranging debtor's accounting tatement (when required) .. .. .. .. ..

£1·12

15. Persuing messenger's report or reports ... ...

£1·12

Note to items 13, 14 and 15—These fees may be increased on special grounds, or if the Examiner certifies that it is reasonable so to do.

16. Attending at and conducting preliminary meeting of creditors in arrangement ... ... ... ... ...

£3·92

17. Drawing and engrossing and attending on execution of bonds of sureties ... ... ... ... ... ... ...

£3·36

18. Drawing, issuing and filing of notice of sittings in bankruptcy or arrangement, and transmitting to one party

£1·68

and to each additional party ... ... ... ... ...

£0·14

PART VI.

O. 99, r. 13 (1)

APPEALS FROM CIRCUIT COURT.

Item

19. Attending counsel in consultation

For each half hour beyond the first hour

£2·80

£1·12

Note:—This item includes attending to make appointment for consultation.

20. Drawing brief with observations to counsel and proofs of evidence, per folio

£0·10

21. Attending to obtain appointment to examine witness and on examination of witness before any commissioner, officer of the court or other person appointed to examine him, for each day of examination.

£4·48

to

£13·44

Note:—The solicitor shall also be allowed travelling expenses reasonably incurred by him.

22. Attending to obtain fiat of the Attorney General, where required

£1·12

(4) TRIAL OR HEARING.

23. Attending sittings within 20 miles of the place where the solicitor practices, for purposes of—

(a) trial or hearing of a cause, matter or appeal for each day

£1·68

to

£5·60

(i) on which cause, matter or appeal is included in list to be tried or heard, but is not begun

£3·36

to

£13·44

(ii) of trial or hearing

(b) hearing reserved judgement

£1·12

to

£3·36

24. Attending at sittings elsewhere for any purpose mentioned in item 23 for each day (except Sunday) on which solicitor is necessarily absent from his office.

£8·96

to

£13·44

Notes to items 23 and 24

(a) If the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided.

(b) the solicitor shall also be allowed travelling and out of pocket expenses reasonably incurred by him;

(c) these items do not relate to the attendance mentioned in item 26.

25. Attending to enter or bespeak order or judgement ..

£0·84

26. Attending hearing of summary or special summons or motion before the Court, for each day.

£1·68

to

£13·44

27. Attending to obtain appointment for hearing before the Master, the Examiner, or a Registrar, or to vouch publication of advertisement or any necessary service

£0·84

28. Attending to deliver papers required for the use of a Judge, the Master, the Examiner or a Registrar

£0·84

29. Attending the Examiner or a Registrar to bespeak (where necessary) and settle draft order.

£1·68

to

£6·72

(5) TAXATION.

30. Drawing and engrossing bill of costs, including copy for Taxing Master and one copy for service, per folio

£0·11

31. Lodging and serving bill of costs and issuing, serving and filing notice to tax

£2·24

32. Attending taxation, completing bills, vouching, completing affidavit of tots and certificate of taxation.

£1·96

to

£10·08

33. Drawing objections to decision of Taxing Master, or answer to objections, including copies for service and filing; delivery to one party of such objections or answers and attending hearing or review by Taxing Master—if objections sustained

Discretionary

(6) EXECUTION.

34. (a) Drawing and attending to obtain issue of order of fieri facian capias, clegit, sequestration or attachment, any subsequent order for giving effect thereto and any other order to enforce a judgement or order

£1·12

(b) Copies of any such order (where necessary) per folio

£0·04

35. (a) Drawing notice of renewal of order of execution

£0·84

(b) Procuring renewal of order of execution

£0·84

(7) ATTENDANCES.

36. To obtain—

(a) consent of person to act as next friend or guardian ad litem and consent or approval of any other interested party

£1·40

to

£3·36

(b) any other consent

£0·84

to

£3·36

Note:—This item includes drawing the form of consent or approval.

37. To give consent or sign admission

£0·84

38. (a) to enter appearance and give notice thereof

£1·12

(b) If appearance entered for more than one person at the same time, for each additional person

£0·11

39. To obtain any certificate from the Central Office or other office of the High Court or Supreme Court

£0·84

40. To register a judgement, order, bond lis pendens or recognisance

£2·58

41. To vacate a recognisance or enter satisfaction of a judgement (over and above outlay)

£3·08

42. At the Central Office or other office of the High Court or Supreme Court, Registry of Deeds, Land Registry or other public office, to file, search for or bespeak any document including a certificate of the result of any search (not covered by any other item)

£0·84

43. To set down for trial or hearing

£0·84

44. On the appropriate officer to inform him that a cause or matter set down for trial or hearing is settled and may be listed accordingly

£0·84

45. On a deponent swearing, or by solicitor or clerk deposing to, any affidavit other than an affidavit of service

£0·84

46. (a) to search for and obtain a certificate of birth, marriage or death

£0·84

(b) For every certificate in excess of three obtained at the same time

£0·28

47. To make a general search for certificates of birth, marriage or death, per hour

£1·68

48. On printer to insert advertisement in Iris Oifigiúil or other paper, for each publication

£0·84

49. (a) On counsel with brief, case for written opinion or instructions to settle any document

£0·84

(b) or where counsel's fee is 21 pounds or more

£1·68

50. To lodge a notice or other document in the Central Office for transmission not otherwise provided for

£0·84

51. At the Bank or Ireland and Accountant's Office, on lodgment of money with a pleading or under order or direction of the Court

£1·68

52. On transfer of stocks or securities in or out of Court under any order or direction of the Court.

£1·40

to

£22·40

53. On transfer of any Government or other stock under power of attorney, for each such transfer.

£1·12

to

£3·36

54. To obtain draft for payment of cash under in order and payment to payee, for each draft

£1·12

Note:—The total fee for drafts obtained under the same order shall not exceed

£11·20

55. To bespeak and procure certificate of funds or copy of Accountant's account

£0·84

56. On the Accountant and the Bank of Ireland for the purpose of depositing effects with the Bank

£1·40

57. Necessary and proper attendances not provided for or allowed under any other item.

£0·84

to

£5·60

Note:—The solicitor shall also be allowed reasonable travelling expenses actually incurred.

(8) DRAWING DOCUMENTS NOT OTHERWISE PROVIDED FOR.

Item

58. Affidavit of service or other formal affidavit .. ..

£1·68

Note:—This item includes engrossing affidavit, attending to have it sworn and to file it.

59. Affidavit (other than affidavit of service, or other formal affidavit), consent, undertaking admission or other similar documents, per folio

£0·11

60. Preparation for marking by commissioner for oaths of exhibit to affidavit for each exhibit

£0·17

61. Advertisement for Iris Oifigiúil or newspaper or other advertisement to be approved by the Examiner or a Registrar

£0·84

Note:—This item includes attending to obtain approval.

62. Accounts, statements and other documents required for use in court, per folio

£0·11

63. Pedigree, for each completed ring

£0·11

64. Drawing, issuing, filing and service on one party of—

(a) notice to proceed under a Judgement or order (to include transmission if required)

£1·40

(b) other notices issued, by direction of the Court, a Taxing Master or Registrar.

£1·40

to

£3·36

65. Drawing motion docket on ex parte application to the Master

£0·42

66. Drawing notice of setting down of summons before the Master

£0·56

67. Drawing notice for Iris Oifigiúil or newspaper to a corporation or public body, of issuing of a summons

£0·70

68. Drawing and engrossing recognizance

£1·40

69. Drawing and engrossing satisfaction piece and affidavit

£0·98

70. Drawing or filling up a notice to a creditor requiring him to prove his claim

£0·08

71. Drawing any notice or document not otherwise provided for

Discretionary

(9) COPIES

72. Copy of document:—

(a) typewritten or manuscript copy, per folio

£0·06

(b) carbon copy, per folio

£0·03

(c) copy printed or reproduced by photographic or other means

Discretionary

73. Examining and correcting proof print, per folio

£0·02

(10) LETTERS, & c.

74. (a) Writing, signing and entering letters or telegrams not exceeding one folio

£0·42

Exceeding one folio

£0·56

(b) If several letters or circular of the same import

For the first

£0·34

For each subsequent letter or circular

£0·34

£0·11

(c) Carbon copy of letter to send

£0·14

75. Messages and telephone calls not provided for or allowed under any other item

Discretionary

(11) PERUSALS.

76. Perusing draft certificate, report, scheme or like document submitted for approval or examination by solicitor

£1·12

to

£5·60

77. Perusing any document not provided for or allowed under any other item, per folio

£0·06

78. Examining, where necessary, claims under Order 55, Part VI

(a) where the number does not exceed five

£0·70

(b) for each additional five

£0·70

(12) SERVICE.

79. Where more than one attendance is necessary to effect service on, or delivery to, one party of any summons, petition, pleading or notice; or where service is effected within the jurisdiction otherwise than by personal service or by post, or is effected out of the jurisdiction

Discretionary

80. Where a summons, petition, pleading or notice is required to be served on, or delivered to, more than one person, service on, or delivery to, each additional person—

(a) if required to be served personally or delivered

£0·56

to

£1·68

(b) if service by post authorised

£0·28

81. Service or delivery of any document, not provided for or allowed under any other item—

(a) if required to be served personally or delivered

£0·70

(b) if service by post authorised

£0·28

In addition to the amount allowed under paragraph (a) of this item, a mileage allowance in respect of each mile after the first two miles between the place at which service or delivery is effected and the nearest place of business of the solicitor effecting it

£0·11

PART II.

0.99, r. 36 (1)

SHORTHAND WRITERS.

S.I. No. 27 of 1971.

THE RULES OF THE SUPERIOR COURTS (NO. 3), 1970.

We, the Superior Court 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 11th day of December, 1970.

Cearbhall Ó Dálaigh

Ralph J. Walker

Aindrias Ó Caoimh

Thomas O'Reilly

Brian Walsh

John Kenny

John O'Leary

Weldon R. C. Parke

Frank Martin

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

Dated this 26th day of January, 1971.

DESMOND O'MALLEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (NO. 3), 1970.