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S.I. No. 2/2004 - Rules of the Superior Courts (Commercial Proceedings), 2004
Table of Provisions (31)
Statutory Text (31 Articles)
1. List the witnesses you intend to call, indicating which of these are expert witnesses.
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________
2. Have the parties endeavoured to exchange expert-witnesses' reports with the other side?
yes/no
If not, why not?
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________
3. (1) These rules may be cited as the Rules of the Superior Courts (Commercial Proceedings), 2004.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules amend the rules of the Superior Courts by the addition of Order 63A in order to facilitate the operations of the Commercial List in the High Court.
4. Does any witness require special facilities?
yes/no
If so, give details.
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________
5. Does any witness require an interpreter?
yes/no
If so, give details.
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________________________
6. Are any special information and communications technology facilities (e.g digital audio voice-recording, video-conferencing) required in the courtroom to facilitate the trial of the case?
yes/no
If so, give details.
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________________________
__________________________________”.
7. All notices of motion, applications and the affidavits or other documents grounding the same shall be lodged with the Registrar and shall bear the code or number assigned to the application or proceedings, as the case may be, in accordance with rule 27 of this Order.
8. (1) A Judge may direct that the parties to a motion or application shall prepare a written submission, bearing the name of the author, which submission shall be concise and avoid lengthy argument, specifying
(i) the nature of the case generally and the back-ground facts insofar as they are relevant to the matter before the court;
(ii) the submissions of law to be relied upon, citing the supporting authorities;
(iii) the submissions of fact to be made with reference to the evidence;
(2) The written submissions shall be lodged with the Registrar not less than one clear day prior to the date of the hearing of the motion or application.
Interrogatories
9. A party to proceedings entered in the Commercial List may at any time after delivering his statement or points of claim, or defence or points of defence, as the case may be, deliver interrogatories in writing for the examination of any other party to the proceedings, and such interrogatories when delivered shall have a note at the foot thereof, stating which of such interrogatories each of such persons is required to answer: provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose; provided also that interrogatories which do not relate to any matters in question in the proceedings shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examinstion of a witness.
10. Interrogatories delivered in accordance with rule 9 of this Order shall be in the Form No. 1 in Appendix X to these Rules.
11. Answers to interrogatories shall be made by affidavit to be filed within twenty-one days from receipt thereof, or within such other time as a Judge may allow.
12. An affidavit in answer to interrogatories shall be in the Form No. 2 in Appendix X to these Rules.
13. The provisions of rules 3, 5, 6, 7, 10 and 11 of Order 31 of these Rules shall, with any necessary modifications, apply to any interrogatories delivered or to be delivered in accordance with this rule.
Case management
14.(1) Where, in accordance with rule 6, a Judge directs that the proceedings be subject to case management, he shall fix a date for a case management conference, and may give any further directions for the completion prior to such conference of such, if any, steps in the proceedings (including the preparation of a case booklet in accordance with sub rule 9 of this rule) as he considers appropriate.
(2) The case management conference shall be chaired and regulated by a Judge.
(3) Where the case management conference is adjourned, it shall be adjourned to a specific date.
(4) The case management conference shall be attended by the solicitors appearing for each of the parties or, where a party, not being a body corporate, is not represented by a solicitor, by the party himself. Where the Judge chairing the case management conference considers it necessary or desirable, he may direct that party, or, where the party is a body corporate, the proper officer of a party, attend the case management conference, notwithstanding the fact that the party may be represented by a solicitor.
(5) Each solicitor attending the case management conference shall ensure that he is sufficiently familiar with the proceedings, and has authority from the party he represents to deal with any matters that are likely to be dealt with at the conference.
(6) Where a party is represented by counsel, such counsel may attend the case management conference, but the attendance of only one of such counsel will be allowed in the taxation or fixing of costs.
(7) The purpose of the case management conference shall be to ensure that the proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise the costs of the proceedings, and in particular that, as soon as may be in advance of the trial
(
a
) the issues, whether as to fact or law, are defined as clearly, as precisely and as concisely, as possible;
(
b
) all pleadings, affidavits and statements of issues are served;
(
c
) any applications by letter for particulars and replies thereto, any admissions, or requests for admissions, notices to admit documents or facts and replies thereto, and any affidavits made in pursuance of any notices to admit facts or documents, are served or delivered, as the case may be;
(
d
) all applications for relief of an interlocutory nature intended to be made by any of the parties are made;
(
e
) any directions given or orders made at the initial directions hearing, or in the course of a case management conference have been complied with.
(8) Where no direction has been given that the proceedings be subject to case management, either party may, at any time before the trial, apply to the Judge of the Commercial List by motion on notice to the other party or parties for a direction that a case management conference be held. The affidavit grounding the motion shall set out clearly and concisely the grounds on which the case management conference is sought. Where any party objects to such a direction, they shall furnish their objections by replying affidavit.
(9) The plaintiff, applicant or other party prosecuting the proceedings shall, in consultation with the other party or parties, prepare a case booklet to be lodged with the Registrar and served on the other party or parties not later than four clear days prior to the first date fixed for the case management conference.
(10) The case booklet shall contain —
(
a
) a case summary, comprising
(i) an agreed outline of the case and sequence of relevant events not in dispute;
(ii) a list of those issues which are not in dispute;
(iii) an agreed statement of those issues that are in dispute, and
(
b
) pre-trial documentation in chronological sequence, including (where appropriate) copies of pleadings exchanged, affidavits filed (other than affidavits of service), statements of issues, orders made or directions given, and any correspondence between the parties, not being expressed to be “without prejudice”, relating to the preparation of the case for trial.
(11) The case booklet shall be produced and maintained by the party responsible for preparing the same in such form, including electronic form as the Judge of the Commercial List may direct and, where the Judge so directs, shall be lodged or served by electronic means, and on such conditions and subject to such exceptions as he may prescribe.
(12) The party responsible for preparing the case booklet shall, in consultation with the other party or parties, revise or add to its contents from time to time as necessary.
15. At the case management conference the Judge chairing the case management conference may
(
a
) fix a timetable for the completion of preparation of the case for trial, and may for that purpose adopt any proposed timetable agreed by the parties if satisfied that it is reasonable;
(
b
) make any orders or give any directions which he may make or direct under rule 6(1) or (2) of this Order;
(
c
) if he considers that there is undue delay in, or he is otherwise dissatisfied with, the conduct of the proceedings, and without prejudice to any powers conferred on the Judge by Order 33, rule 11, require the party appearing to be responsible therefor, or the proper officer of or solicitor instructed in the proceedings by that party, to attend before him to explain the delay or other conduct with which he is dissatisfied, and may thereupon make or give such ruling or direction as he may consider appropriate for the purposes of expediting the proceedings or the conduct thereof;
(
d
) without prejudice to any powers conferred on the Judge by Order 99, rule 37, sub rule 13, disallow the costs of any indorsement of claim, pleading statement of issues or other document in the proceedings which contains unnecessary matter, or is of unnecessary length, and award against that party the costs thereby occasioned to any other party;
(
e
) without prejudice to any powers conferred on the Judge by Order 33, rule 11 and Order 99, rule 37, sub rule 31, disallow the costs of any party occasioned by a delay or default by that party in complying with a time limit for doing any act or taking any proceeding, and award against that party the costs thereby occasioned to any other party.
Preparation for trial
16. (1) Where no direction has been given that the proceedings be subject to case management, once the exchange of pleadings, affidavits or statements of issues has been completed, any of the parties may apply to the Registrar for the fixing of a date for a pre-trial conference.
(2) Where a direction has been given that the proceedings be subject to case management, the Judge chairing the case management conference shall fix a date for a pre-trial conference once all orders made or directions given in the course of the case management conference have been complied with.
17. Each party shall, in consultation with their respective counsel, complete and lodge with the Registrar not later than four clear days before the date fixed for the pre-trial conference a pre-trial questionnaire in the Form No. 3 in Appendix X to these Rules.
18. (1) The pre-trial conference shall be chaired and regulated by a Judge.
(2) Where the pre-trial conference is adjourned, it shall be adjourned to a specific date.
(3) (
a
) Where a party intends to be represented at the trial by a solicitor then the leading solicitor whom it is intended shall so represent the party shall attend the pre-trial conference.
(
b
) Where a party intends to be represented at the trial by solicitor and counsel then the leading counsel whom it is intended shall so represent the party shall attend the pre-trial conference.
19. At the pre-trial conference the Judge chairing the same shall establish what steps remain to be taken to prepare the case for trial, the likely length of the trial and the arrangements, if any, for witnesses, information and communications technology (including video conferencing) and any other arrangements which require to be made for the trial, and may make any orders and given any directions in respect of arrangements for the trial as he considers necessary.
20. When the Judge chairing the pre-trial conference is satisfied that the proceedings are ready to proceed to trial, he shall fix a trial date.
21. (1) Subject to sub rule 2 of this rule, unless the Judge chairing the pre-trial conference otherwise directs, the plaintiff, applicant or other party prosecuting the proceedings shall, in consultation with the other party or parties, prepare and lodge with the Registrar, not less than four clear days prior to the date fixed for the trial
(
a
) a trial booklet, indexed and in chronological sequence, and contaiing copies of any pleadings, affidavits, statements of issues, documents or extracts therefrom in respect of which agreement has been reached between the parties under sub rule 2 of this rule, statements provided for in rule 22 of this Order, correspondence and any other documents intended to be relied upon at the trial, and
(
b
) a case summary, comprising—
(i) an agreed outline of the case and sequence of relevant events not in dispute;
(ii) a list of those issues which are not in dispute;
(iii) a list of the persons principally involved in the matters or events the subject of the proceedings and,
(iv) where appropriate, a glossary of technical terms which are likely to be used in the course of the trial.
(2) (
a
) The Judge chairing the pre-trial conference may request the parties to consult with each other with a view to agreeing, where possible, upon a list of the documents and, as appropriate, any extracts from documents intended to be relied upon at the trial.
(
b
) In the event of any such agreement being reached by the parties, the plaintiff, applicant or other party prosecuting the proceedings shall, in consultation with the other party or parties, prepare and lodge with the Registrar, not less than four clear days prior to the date fixed for the trial, a booklet indexed and in chronological sequence, containing copies of such documents or extracts and, where appropriate, indicating, by means of tags, colour highlighting or otherwise as the Judge of the Commercial List or the Registrar may direct, any relevant extracts therefrom intended to be relied upon at the trial.
(
c
) In the event that the parties are unable to reach any such agreement they shall notify the Registrar and, unless the Judge chairing the pre-trial conference shall otherwise order, the plaintiff, applicant or other party prosecuting the proceedings shall proceed in accordance with sub rule 1 of this rule as if no request had been made by the Judge under paragraph (
a
) of this sub rule.
(3) The trial booklet shall be produced by the party responsible for preparing the same in such form, including electronic form as the Judge of the Commercial List may direct and, where the Judge of the Commercial List so directs, shall be lodged or served by electronic means, and on such conditions and subject to such exceptions as he may prescribe.
III. Evidence
Oral evidence
22. (1) Unless a Judge shall otherwise order, a party intending to rely upon the oral evidence of a witness as to fact or of an expert at trial shall, not later than one month prior to the date of such trial in the case of the plaintiff, applicant or other party prosecuting the proceedings and not later than seven days prior to that date in the case of the defendant, respondent or other party defending the proceedings, serve upon the other party or parties a written statement outlining the essential elements of that evidence signed and dated by the witness or expert, as the case may be.
(2) A Judge may, in exceptional circumstances to be recited in the order and after hearing all of the parties, make an order directing that the written statement referred to in sub rule 1 of this rule or any part thereof shall be treated as the evidence in chief of the witness or expert concerned but only after it has been verified on oath by such witness or expert.
Evidence by video link or other means
23. (1) A Judge may allow a witness to give evidence, whether from within or outside the State, through a live video link or by other means.
(2) Evidence given in accordance with sub rule 1 of this rule shall be recorded by video or otherwise as the Judge may direct.
IV. Trial venue
24. All applications made to the Judge of the Commercial List for the entry of proceedings, all proceedings entered in the Commercial List, and all trials of such proceedings shall, unless a Judge shall in any particular proceedings and for special reason otherwise order, take place in an appropriate courtroom designated by the President of the High Court in consultation with the Judge of the Commercial List and situate in Dublin.
V. The Registrar
Functions
25. The Registrar may refer to a Judge proceedings listed in the Commercial List in respect of which he considers there has been undue delay.
Records
26. (1) The Registrar shall establish and maintain the following records
(
a
) a register of applications for entry of proceedings in the Commercial List;
(
b
) a register of proceedings entered in the Commercial List;
(
c
) a register of orders made or directions given by Judges in proceedings listed in the Commercial List,
(
d
) calendar of sittings of Judges;
(
e
) a record of progress in each of the proceedings entered in the Commercial List.
(2) Such records may be held electronically and may be held separately or in an amalgamated form.
27. The Registrar shall establish and maintain a file for each application for entry of proceedings in, and for each of the proccedings entered in the Commercial List, which file may, in whole or in part, be in electronic form, and each such application or proceedings shall be assigned a code or number in sequence for the purposes of identification.
VI. Costs
28. The costs of the initial directions hearing shall, unless the Judge before whom that hearing takes place otherwise orders, be deemed to be costs in the cause.
29. The Judge of the Commercial List may prescribe requirements as to the form and content of bills of costs to be prepared in respect of proceedings entered in the Commercial List. Where he has not done so, such bills of costs shall be prepared in the manner prescribed by Order 99, rule 29.
30. Upon the determination of any interlocutory application by a Judge, the Judge shall make an award of costs save where it is not possible justly to adjudicate upon liability for costs on the basis of the interlocutory application.
VII. Electronic service, exchange and lodgement of documents
31. (1) Documents required under these Rules to be served or exchanged in commercial proceedings entered in the Commercial List may, where the President of the High Court by practice direction permits, and on such terms and conditions and subject to such exceptions as the President of the High Court may by such practice direction specify, be served or exchanged, as the case may be, electronically.
(2) Documents required under these Rules to be filed in commercial proceedings entered in the Commercial List may, where the President of the High Court by practice direction permits, and on such terms and conditions and subject to such exceptions as the President of the High Court may by such practice direction specify, be filed electronically with the Registrar and stored by the Registrar in like manner.
(3) Without prejudice to the generality of sub rules 1 or 2 of this rule, a practice direction given by the President of the High Court in pursuance of either of those sub rules may prescribe requirements as to—
(
a
) the hardware and other equipment, diskettes or CD-Roms and communications protocol or protocols to be employed by parties filing, serving or exchanging documents electronically;
(
b
) the use of passwords, electronic signatures, digital signatures or other means of authenticating documents filed, served or exchanged electronically;
(
c
) the use of firewalls, anti-virus tools or other devices or applications for the purpose of avoiding damage to the information system of the Courts Service or of any party or their solicitor or counsel;
(
d
) compliance with practices or protocols for the purpose of ensuring that harmful, deleterious or offensive material does not enter the information system of the Courts Service or of any party or their solicitor or counsel;
(
e
) the formatting, organising, identifying, coding and indexing of documents to be filed, served or exchanged electronically;
(
f
) the manner in which documents filed, served or exchanged electronically, or copies of such documents, may be presented or otherwise used in Court.”.
We, the, Superior Courts Rules Committee, constituted pursuant to the provisions of the
Courts of Justice Act, 1936
, section 67, and reconstituted pursuant to the provisions of the
Courts of Justice Act, 1953
, section 15, by virtue of the powers conferred upon us by the
Courts of Justice Act, 1924
, section 36, and
the Courts of Justice Act, 1936
, section 68 (as applied by the
Courts (Supplemental Provisions) Act, 1961
, section 48), and the
Courts (Supplemental Provisions) Act, 1961
, section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.
Dated this 15th day of December, 2003.
Ronan Keane
Anthony Hunt
Joseph Finnegan
Matthew Feely
Patrick Groarke
Noel Rubotham
Michael Cush
I concur in the making of the following Rules of Court.
Dated this 5th day of January, 2004.
MICHAEL McDOWELL
Minister for Justice, Equality and Law Reform
S.I. No. 2 of 2004.
RULES OF THE SUPERIOR COURTS (COMMERCIAL PROCEEDINGS), 2004.