S.I. No. 267/1983 - Circuit Court Rules (No. 1), 1983.

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.

4. Value added tax is/is not* payable by the Plaintiff on the costs of the within proceedings and any such value added tax is/is not* recoverable by the Plaintiff from the Revenue Commissioners."

*Delete as may be appropriate.

EXPLANATORY NOTE.

These Rules provide for the addition of value added tax to awards of costs in the Circuit Court in appropriate cases.

5. There shall be added to Order 58 the following Rule

Averments relating to V.A.T

"33. Every Affidavit used for the purpose of grounding an Application for Judgment in default under Order 23 or Order 24 or grounding an application for summary judgment under Order 25 shall contain averments as to whether value added tax is payable by the claimant on his legal costs and, if so, whether the sum so payable is recoverable by him from the Revenue Commissioners."

6. The following form shall be substituted for Form 12 contained in the Second Schedule to the Circuit Court Rules 1950

"AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

Circuit

County of

FORM 12 — AFFIDAVIT GROUNDING APPLICATION FOR SUMMARYJUDGMENT.

BETWEEN

A.B.

Plaintiff

and

C.D.

Defendant

I,

of

(occupation), make Oath

and say as follows:—

S.I. No. 267 of 1983.

CIRCUIT COURT RULES (No. 1), 1983.

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 on 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 28th day of July, 1983.

THOMAS J. NEYLON.

FRANK MARTIN.

HUGH GEOGHEGAN.

MICHAEL MORIARTY.

ERNEST J. MARGETSON.

GORDON HOLMES.

T.F. ROE.

M.T. NEARY

(Secretary).

I concur in the making of the annexed Rules of Court Dated the 12th day of September, 1983.

MICHAEL NOONAN,

Minister for Justice.

CIRCUIT COURT RULES (No. 1) 1983.

These Rules, which may be cited as the Circuit Court Rules (No. 1) 1983, shall come into operation on the 12th day of September, 1983. The Order referred to in these Rules as being amended is that contained in the Circuit Court Rules, 1950, as amended and the form referred to as being replaced is that contained in the Second Schedule to the Circuit Court Rules, 1950, as amended. These Rules shall be construed together with the Circuit Court Rules, 1950, as amended.