S.I. No. 138/1978 - Circuit Court Rules (No. 2), 1978.

3. This Rule shall apply only to the Dublin Circuit. Ten days' notice of trial shall be necessary and sufficient and shall be served upon the defendant and all other necessary parties and filed at the Office. Such notice of trial and filing thereof shall operate to set down the action or matter (including a Counterclaim if any) for hearing upon the date of trial set out in the notice of trial or upon any day after the expiration of the date mentioned in such notice upon which the trial may come on in its order in the list.

Rule 2

That the Form of Notice of Trial set out hereunder shall be substituted for Form No. 15 in the Schedule of Forms to the Rules of the Circuit Court, 1950.

Form No. 15—Notice of Trial.

Between

A.B.

Plaintiff;

C.D.

Defendant.

Take notice of the Trial of this action (or of the issues ordered to be tried as the case may be) for the day of next at the Courthouse at

Dated the day of , 19

(Signed)

__________________________ Plaintiff

or Defendant or his Solicitor.

EXPLANATORY NOTE.

These Rules, which come into operation on the 12th day of May, 1978, provide for the listing of a Civil Action on the date set out in the Notice of Trial and not on a day after the expiration of the time mentioned in such notice and also for deletion of reference to Trial by Jury in the Form of Notice of Trial.

S.I. No. 138 of 1978.

CIRCUIT COURT RULES (No. 2), 1978.

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

Section 69

of the

Courts of Justice Act, 1936

and

Section 12

of the

Courts of Justice Act, 1947

, 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

as applied by

Section 48

of the

Courts (Supplemental Provisions) Act, 1961

, and

Section 27

of the

Courts (Supplemental Provisions) Act, 1961

, 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 8th day of May, 1978.

Thomas J. Neylon

T. F. Roe

Hugh Geoghegan

P. Noel Ryan

Michael Moriarty

Michael T. Neary

Secretary

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

Dated this 11th day of May, 1978.

GERARD COLLINS,

Minister for Justice.

CIRCUIT COURT RULES (No. 2), 1978.

These Rules, which may be cited as the Circuit Court Rules (No. 2), 1978, shall come into operation on the 12th day of May, 1978. The Order referred to in these Rules as being amended, is that contained in the Rules of the Circuit Court, 1950.

Order 30

Rule 1

That Order 30 Rule 3 be amended to read as follows