S.I. No. 216/1995 - Circuit Court Rules (No. 2), 1995.

1. (i) In any case in which the Plaintiff is not entitled under the provisions of the preceding Order to apply for judgment, and a Defendant has made default in entering an Appearance or delivering a Defence, as the case may be, the Plaintiff may, subject to the provisions of the following Sub-Rules of this Rule, at any time after such default, on notice to be served upon such Defendant, not less than four clear days before the hearing, apply to the Court for judgment.

RULE 7

Order 25

(1) The words "or has delivered a" shall be inserted immediately prior to the word "Defence" in Order 25 Rule 1.

(2) Rule 3 of Order 25 shall be deleted and the following Rule 3 substituted therefor

2. Every such notice shall set forth clearly and briefly the reasons why the party applying did not enter an appearance or did not deliver a defence, as the case may be, the nature of the fraud, misrepresentation, surprise or mistake relied upon, and the grounds of defence to the action in which the said judgment was given.

FORM 1

Memorandum of Renewal of Civil Bill or Other Originating Document

(Heading as in Civil Bill or Other Originating Document.)

Seal renewed Civil Bill or Other Originating Document in this action indorsed as follows

(Copy original Civil Bill or Other Originating Document and the indorsements.)

FORM 2

AN CHUIRT CHUARDA

(The Circuit Court)

........................................................ Circuit

County of .............................................

FORM 2—NOTICE OF LODGMENT IN COURT (ORDER 12 RULE 10)

BETWEEN

.................................................... Plaintiff

and

.................................................. Defendant

TAKE NOTICE that the Defendant has this day paid into Court in accordance with Order 12 Rule 10 of the Rules of the Circuit Court the sum of IR £ , and says that such sum is sufficient to satisfy all just claims (or state what particular claim or cause of action).

AND FURTHER TAKE NOTICE that such payment into Court is made (state whether the Defendant admits or denies liability in respect of such claims or causes of action).

Dated the day of 19 .

Signed: .........................................................

Defendant or Defendant's Solicitor

To: ............................................................ ...................

Plaintiff or Plaintiff's Solicitor

and............................................................ ............................................................ ..............................................

The County Registrar for the County of ...................................................

EXPLANATORY NOTE.

These Rules which come into operation on the 1st day of October, 1995, provide (

a

) for the issuing of Civil Bills or other originating documents prior to service and for the renewal of such Civil Bills or other originating documents and (

b

) for the amendment of procedures in relation to the payment into Court of and the payment out of lodgments in satisfaction of claims and (

c

) for the delivery of a Defence without the necessity of lodging same in the Circuit Court Office with consequent changes in applications for judgment in default of Defence and applications for Summary Judgment.

2A. No Civil Bill or other originating document for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court or of the County Registrar (pursuant to Order 16 rule 8 hereof), save in accordance with the provisions of Orders 11 and 11A of these Rules.

2B. The Plaintiff or the party or his solicitor shall, on presenting an originating summons for sealing, whether such presentation be by post or in person, leave with the proper officer a copy, written or printed, or partly written and partly printed, of such Civil Bill or other originating document and all the indorsements thereon, and such copy shall be signed by the solicitor leaving the same, or by the Plaintiff himself if he sues in person.

2C. The officer receiving the copy Civil Bill or other originating document pursuant to Rule 2A shall cause the same to be marked with the record number and to be filed and shall also cause an entry of the particulars thereof to be made in the appropriate Cause Book.

2D. Requests for entry of all Civil Bills or other originating documents, duly stamped where necessary, shall be made at the time of issuing of such Civil Bills or other originating documents and, subject to compliance with the provisions of these Rules, entry shall take place at this time in the appropriate Cause Book.

(4) Rule 3 of Order 10 shall be deleted and the following Rule 3 shall be substituted therefor

3. An application for summary judgment under this Order shall be made on notice to be served upon the Defendant not less than four clear days before the hearing thereof. Such application shall be supported by an affidavit made by the Plaintiff, or by some other person on his behalf who can swear positively to the facts verifying the Plaintiff's claim, and stating that in the deponent's belief the Defendant has not a

bona fide

defence to the Plaintiff's claim, and that the Appearance has been entered and the defence (if any) has been delivered solely for the purpose of delay. Such affidavit shall be served upon the Defendant with the notice of application.

RULE 8

Order 27

(1) Rule 2 of Order 27 shall be deleted and the following Rule 2 substituted therefor

4. The affidavit verifying the Plaintiff's claim specified in Rule 2 (

c

) shall be sworn, and the certificate specified in Rule 3 shall be given, within the period of fourteen days next preceding the date of the application for judgment, otherwise same shall not be sufficient.

(4) Rule 6 of Order 23 shall be deleted and the following Rule 6 substituted therefor

5. (i) Where a person served desires to contest the jurisdiction of the Court to hear and determine the claim under the provisions of the 1968 Convention, he may enter an appearance solely for the purpose of contesting jurisdiction.

(ii) Any person who desires to contest jurisdiction shall deliver a Defence stating that he contests the jurisdiction of the Court under the provisions of the 1968 Convention and shall set out therein the grounds upon which jurisdiction is contested. In such cases the appearance which has been entered shall be deemed for the purposes of Article 18 of the Convention to have been entered solely to contest jurisdiction, notwithstanding any averment in the Defence which may go to the merits of the claim.

(iii) Where a Defence has been delivered in which jurisdiction is contested, any party to the proceedings may apply to the Court on motion on notice grounded upon affidavit for determination of the question of jurisdiction as a preliminary issue, or the matter may be set down for trial. The Judge may determine the question of jurisdiction on affidavit, or may direct the trial of an issue, with or without pleadings, as he may see fit, and may give such directions in relation thereto as he may see fit.

(iv) Any person who desires to contest jurisdiction in proceedings in which there is no provision in the Rules for the delivery of a Defence, shall at the soonest opportunity apply to the Court on fourteen days notice to the other party or parties for an order declining jurisdiction and the Judge may determine the question of jurisdiction on affidavit, or may direct the trial of a preliminary issue, with or without pleadings, or may direct that the question of jurisdiction be determined at the hearing of the substantive matter, as he may see fit, and may give such directions in relation thereto as he may see fit.

6. Where there are two or more Defendants, and any one has made default in entering an Appearance, or delivering a defence, as the case may be, the Plaintiff may, in accordance with the provisions of this Order, have judgment against such Defendant entered in the Office, and may issue execution against such Defendant, without prejudice to his right to proceed with the action against any other Defendant who may have entered an Appearance or delivered a Defence, as the case may be.

RULE 6

Order 24

(1) Rule 1 (i) of Order 24 shall be deleted and the following Rule 1 (i) substituted therefor

9. Any Defendant may at the time of entry of an appearance or at any time thereafter being, in the case of the Dublin Circuit, at least eight weeks before the date for hearing mentioned in the Notice of Trial and, outside Dublin, at least eight weeks before the day upon which the case is first due to be heard, lodge in Court an amount which he alleges is sufficient to satisfy the plaintiff's claim, and such lodgement may be with an admission or denial of liability. Where there is more than one claim or cause of action the Defendant shall state in respect of which of them such lodgement is made.

9A. A Defendant may once, without leave, and upon notice to the Plaintiff, lodge in Court an additional sum of money as an increase to a lodgment made under Rule 9 above. In the Dublin Circuit such notice must be given and additional lodgment made at least eight weeks before the date for hearing mentioned in the Notice of Trial. Outside Dublin, such notice must be given and additional lodgment made at least eight weeks before the day upon which the case is first due to be heard. If such notice is not given, and such additional lodgment is not made as aforesaid, the lodgment made under Rule 9 shall be deemed to be the only lodgment in Court, and this Order shall be considered accordingly.

(3) Rule 10 of Order 12 shall be deleted and the following Rule shall be substituted therefor

10. A Defendant making a lodgment under the last preceding Rule shall initimate such fact by a document other than and in addition to his Defence and such document shall be kept by the County Registrar in a separate file and neither he nor any other person shall disclose the fact of such lodgment to the Judge until he shall have decided all issues between the parties save the liability for costs. Such document shall be in the form prescribed by these Rules (Form 2), and shall be filed in accordance with these Rules and a copy thereof served on the Plaintiff. Form 30 of the Circuit Court Rules, 1950 is hereby deleted.

(4) Rule 14 of Order 12 shall be deleted and the following Rules 14 and 14A shall be substituted therefor

14. If the Plaintiff, not being under a legal disability, does not accept the total amount lodged within the time named, he shall be liable for all costs thereafter incurrd on foot of the claim in respect of which the lodgement was made, unless he obtained judgment for a greater amount than the total amount lodged, exclusive of costs.

14A. Save as may be otherwise ordered by the Court, if the Plaintiff does not accept the amount lodged, in accordance with the provisions of these Rules, then, at the termination of the proceedings, all sums lodged shall be repaid to the solicitor on record for the Defendant at the time of such termination or, where there is no solicitor on record for the Defendant at that time, to the Defendant personally.

(5) Rule 16 of Order 12 shall be deleted and the following Rule 16 shall be substituted therefor

16. No Appearance shall be entered or Defence delivered after the time specified in these Rules without the leave of the Judge or of the County Registrar save as shall otherwise be agreed between the parties, and no Defence shall be delivered unless the Defendant has previously entered an Appearance as required by these Rules.

RULE 4

Order 16

(1) Rule 1 of Order 16 shall be amended by the addition of the following

(ix) for the renewal of a Civil Bill or other originating document as provided for in Order 10A hereof.

RULE 5

Order 23

(1) Rule 1 of Order 23 shall be deleted and the following Rule 1 substituted therefor

S.I. No. 216 of 1995.

CIRCUIT COURT RULES (NO. 2), 1995.

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 3rd day of July, 1995.

GERARD BUCHANAN

(Acting Chairman of the Circuit Court Rules Committee)

MICHAEL A. MORIARTY

KIERAN O'CONNOR

ANNE DUNNE

FERGAL FOLEY

GERARD DOHERTY

JOE DEANE

MICHAEL QUINLAN

(Secretary)

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

Dated this 2nd day of August, 1995.

NORA OWEN,

Minister for Justice.

S.I. No. 216 of 1995.

CIRCUIT COURT RULES (NO. 2), 1995.