S.I. No. 285/1999 - District Court (Discovery of Documents) Rules, 1998.

1. I have in my possession, power or procurement the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto.

2. I object to produce the said documents set forth in the second part of the said first schedule hereto.

3. That (

here state upon what grounds the objection is made, and verify the facts as far as may be

).

4. I have had, but have not now, in my possession, power or procurement the documents relating to the matters in question in this suit set forth in the second schedule hereto.

5. The last mentioned documents were last in my possession, power or procurement on (

state when

).

6. That (

here state what has become of the last-mentioned documents, and in whose possession they now are

).

7. According to the best of my knowledge, information and belief, I have not now, and never had in my possession, custody or power, or in the possession, custody or power of my solicitors, or agents, solicitor or agent, or in the possession, custody or power of any other persons, or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the said first and second schedules hereto.

............................................................ .................................

Deponent

Sworn before me, a Commissioner to administer Oaths in the several Courts in Ireland, this ............... day of ................ 19 ................, at ..................... in the County of ................................................., and I know the Deponent.

............................................................ ........................................

Commissioner for Oaths/Practising Solicitor

Schedule C

O.46A, r.7

No. 46A.3

AN CHUIRT DUICHE

THE DISTRICT COURT

*

District Court Area of

*

District No.

*

Dublin Metropolitan District

BETWEEN ............................................................ ............................................................ .......................... PLAINTIFF

AND

............................................................ ............................................................ .................... DEFENDANT

NOTICE TO PRODUCE DOCUMENTS

TAKE NOTICE

that the Plaintiff/Defendant hereby requires the Plaintiff/Defendant in this cause to produce for his/her inspection the following documents(s)

which documents were referred to in the affi- davit of the Plaintiff/Defendant dated the .......day of ..................19 .........

Dated this ......................................... day of ............................................................ ......... 19 .............

Signed ............................................................ ......................................................

Plaintiff/Defendant

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

of ............................................................ ...................................................

............................................................ .......................................................

Schedule C

O.46A, r.8

No. 46A.4

AN CHUIRT DUICHE

THE DISTRICT COURT

*

District Court Area of

*

District No.

*

Dublin Metropolitan District

BETWEEN ............................................................ ............................................................ .......................... PLAINTIFF

AND

............................................................ ............................................................ .................... DEFENDANT

NOTICE TO INSPECT DOCUMENTS

TAKE NOTICE

*

that you may inspect the documents mentioned in your Notice dated the ......... day of ..................... 19 ........ (except the documents numbered ......... in the Notice which may not be inspected) at ........ (insert place of inspection) on ........ day of ................ 19 ........, between the hours of ........ o'clock a.m./p.m. and ........ o'clock a.m./p.m.

*

the Plaintiff/Defendant objects to giving you inspection of the documents mentioned in your notice dated the ........ day of ................ 19 ........, on the ground that (state ground)

Dated this ......................................... day of ............................................................ ......... 19 .............

Signed ............................................................ ......................................................

Plaintiff/Defendant

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

of ............................................................ ...................................................

............................................................ .......................................................

Given this 12th day of October, 1998

Peter Smithwick, President

John Garavan

John P. Brophy

Gillian M. Hussey

Sean McMullin

Gerard Griffin

Olive Caulfield

I concur in the making of the foregoing Rules.

Dated this 14th day of September, 1999.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules regulate and expand the procedure of discovery in the District Court. They set out the procedure to be followed to obtain discovery, the sanction for failure to comply with an order for discovery and the costs which the court may award in both circumstances.

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8. The party to whom such notice is given shall, within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he or she does not object to produce, may be inspected at the office of his or her solicitor or in the case of bankers books or other books of account or books in constant use for the purpose of any trade or business, at their usual place of custody, and stating which (if any) of the documents he or she objects to produce and on what ground. Such notice shall be in the Form 46A.4 Schedule C.

Failure to comply with Order.

9. If any party fails to comply with an Order for Discovery he or she shall be liable to attachment. He or she shall also, if a plaintiff, be liable to have his or her action dismissed for want of prosecution, and, if a defendant, to have his notice of intention to defend, if any, struck out, and to be placed in the same position as if he or she had not defended. A party failing to discover shall be liable to the award of costs of not less than £150.00 (together with Value-Added Tax) or such greater sum as the Court shall allow.

Service on Solicitor.

10. Service of an order for discovery made against any party on his or her solicitor shall be sufficient service to ground an application for attachment for disobedience to the order. But the party against whom the application for attachment is made may show in answer to the application that he or she has had no notice or knowledge of the order.

Costs of discovery.

11. In every cause or matter, the costs of discovery shall be allowed as part of the costs of the party seeking discovery, either as between party and party or solicitor and client where, and only where, such discovery shall be certified by the court to have been reasonably asked for. Such costs shall not be less than £150.00 (together with Value-Added Tax).

Infants and guardians.

12. This order shall apply to infant plaintiffs and defendants and to their next friends and guardians ad litem.”

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act, 1936

,

section 17

of the

Interpretation Act, 1937

[as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

] and

section 34

of the

Courts (Supplemental Provisions) Act, 1961

, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court:—