1995_act_31

COURTS AND COURT OFFICERS ACT, 1995

2 Articles / Provisions · Ireland

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Statutory Text (2 Articles)

ISB Act 1995-12-15

Schedule 1 COURTS AND COURT OFFICERS ACT, 1995 Open official source

FIRST SCHEDULE Enactments Repealed

FIRST SCHEDULE

Enactments Repealed

Section 3.

PART I

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 10 of 1924

Courts of Justic2 2ct, 1924

Section 12

No. 32 of 1953

Courts of Justice Act, 1953

Section 12

No. 39 of 1961

Courts (Supplemental Provisions) Act, 1961

Section 4 (1)

No. 11 of 1977

Courts Act, 1977

Section 1 (2)

Section 1 (3)

No. 11 of 1981

Courts Act, 1981

Section 31

No. 20 of 1991

Courts Act, 1991

Section 17

PART II

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 10 of 1924

Courts of Justice Act, 1924

Section 28

Section 29

No. 15 of 1928

Courts of Justice Act, 1928

Section 5 (1), the words “or, on appeal, the Supreme Court”

Section 5 (2), the words “or the Supreme Court”

No. 38 of 1961

Courts (Establishment and Constitution) Act, 1961

Section 3

No. 39 of 1961

Courts (Supplemental Provisions) Act, 1961

Section 12

No. 19 of 1983

Courts-Martial Appeals Act, 1983

Section 3, the expression “established by section 9”

Section 9

Section 10

Section 11

Section 12

Section 14

Section 25, the words “or a legal aid (Supreme Court) certificate”

Section 29

Section 30 (3), the words “or a legal aid (Supreme Court) certificate”

No. 40 of 1993

Criminal Procedure Act, 1993

Section 11

ISB Act 1995-12-15

Schedule 2 COURTS AND COURT OFFICERS ACT, 1995 Open official source

SECOND SCHEDULE Orders Which can be Made by County Registrars

SECOND SCHEDULE

Orders Which can be Made by County Registrars

Section 34.

1. A County Registrar may make any of the following orders

(i) Any order which may be made as of course.

(ii) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

(iii) An order for enlargement of the time for doing any act or taking any step in an action or matter.

(iv) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(v) An order for the appointment or the discharge of a receiver in uncontested applications.

(vi) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(vii) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(viii) An order for the taking of evidence on commission.

(ix) An order on an application for directions as to service in case of a civil bill or other originating document not inter partes or as to other procedure in any action or matter.

(x) An order adding or substituting a party in any proceeding.

(xi) An order giving liberty to intervene and appear,

(xii) An order for the amendment of pleadings on consent.

(xiii) An order to receive a consent and make the same a rule of court where the parties are sui juris.

(xiv) An order under the Bankers' Books Evidence Acts, 1879 and 1959.

(xv) An order for payment out of court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a judge) for his or her benefit during minority.

(xvi) An order in uncontested cases to have an account taken or inquiry made.

(xvii) An order for the issue, for service outside the jurisdiction of a citation to see proceedings in contentious probate matters.

(xviii) An order for the issue of a citation to lodge in court a grant of probate or letters of administration in contentious probate matters.

(xix) An order giving liberty to file a supplemental affidavit of scripts.

(xx) An order for the lodgement of scripts by any party.

(xxi) An order appointing a receiver in a place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(xxii) A stop order on moneys or securities in court.

(xxiii) An order for the issue of a sub-poena under Order 39, rule 30 of the Rules of the Superior Courts.

(xxiv) An order to vacate a lis pendens on the application of the person who registered the same.

(xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

(xxvi) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(xxvii) An order giving liberty to issue a new Order of Execution on the loss of the original.

(xxviii) An order for transfer of proceedings to the District Court on consent of the parties, including all ancillary orders for the transfer of monies lodged in Court.

(xxix) An order giving liberty to serve a third party notice on consent of the plaintiff.

2. A County Registrar may in any case, either on consent of all parties concerned or by order of the Court, assess any damages to which a party is entitled, or take any account.

3. A County Registrar may, with the consent of all parties concerned, try any issue of fact.

4. In any cases in which a County Registrar may make an order he or she may also make any supplementary or ancillary order and may give any necessary directions.

5. In any case in which a County Registrar may make an order the costs of the application shall be in the discretion of the County Registrar, who may direct payment of a sum in gross in lieu of payment of costs to be taxed.

6. A County Registrar may in his or her discretion transfer any case to the Court lists for hearing.

7. (a) A County Registrar shall for the purpose of any proceedings before him or her have full power to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits, affirmations and acknowledgements, and examine parties and witnesses either upon interrogatories or viva voce.

(b) Parties and witnesses summoned to attend before a County Registrar shall be bound to attend and shall be liable to process of contempt in like manner as parties and witnesses are liable thereto in case of disobedience to any order of the Court.

8. Any party aggrieved by an order, including an order as to costs, made by a County Registrar may, within ten days from the perfecting of the same, or if made ex parte from the date of service of the order, or in the case of a refusal from the date of such refusal, apply to the Circuit Court to discharge such order or to make the order refused.

9. Counsel may be heard in any case before a County Registrar, but the costs of such counsel shall not be allowed unless certified for by a County Registrar.

10. A County Registrar may make any of the following side-bar orders

(i) For plaintiff, lately an infant to proceed in his or her own name, he or she having attained his or her full age.

(ii) To proceed against a defendant, lately an infant, he or she having attained his or her full age.

(iii) To proceed notwithstanding the death of a party his or her rights surviving.

(iv) To proceed by or against a new Attorney General.

(v) That a party do furnish a rental.

(vi) That tenants do pay their rents to receiver, sequestrator, guardian or administrator pendente lite.

(vii) That persons indebted to personal estate do pay the sums due by them to receiver or administrator pendente lite.

(viii) For injunction to Sheriff to put purchaser into possession in the case of a County Registrar assigned to the Circuit Court offices for the counties of Dublin and Cork.

(ix) For injunction to Sheriff to put tenant into possession in the case of a County Registrar assigned to the Circuit Court offices for the counties of Dublin and Cork.

(x) To confirm sale absolutely.

(xi) To receive a consent and make the same a Rule of Court where the parties are sui juris.

(xii) To make a conditional order absolute on a certificate of no cause, and to make an order directing payment of such costs (if any) as were reserved on the making of the conditional order.

(xiii) For judgement of ouster on a disclaimer,

(xiv) To proceed compromise off.

COURTS AND COURT OFFICERS ACT, 1995

Statutory Text (2 Articles)

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