S.I. No. 257/2005 - District Court (Personal Injuries) Rules 2005

1. I beg to refer to the contents of the (personal injuries summons, defence, reply further information etc. - as the case may be) delivered herein on behalf of the (plaintiff/defendant) on the ......day of ...............20...... *[upon which this affidavit is endorsed] *[and upon a true copy of which marked “A” I have signed my name prior to the swearing hereof].

2. The assertions, allegations and information contained in the said (personal injuries summons, etc.) which are within my own knowledge are true. I honestly believe that the assertions, allegations and information contained in the said (personal injuries summons, etc.) which are not within my own knowledge are true.

3. I am aware that it is an offence to make a statement in this affidavit that is false or misleading in any material respect and that I know to be false or misleading.

SWORN before me at..................................

in the County of .......... this ...... day of ......... 200...., and I

know the deponent

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

Deponent Commissioner for Oaths/ Practising Solicitor

*Delete if inapplicable.

No. 39A.5

Schedule C

O.39A, r.8

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

NOTICE OF APPLICATION CIVIL LIABILITY AND COURTS ACT 2004

Between............................................................ ............................................................ .......... who is ordinarily resident at............................................................ .......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”) ....................................... ............................................................ ........................... (state plaintiff's occupation) ......Plaintiff and

............................................................ ............................................................ ...................... who is ordinarily resident at ............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

TAKE NOTICE that the above-named *plaintiff/*defendant will apply to the District Court sitting at ..................................on the ...............day of................ 20..... at................... a.m./p.m. for the following relief pursuant to the

Civil Liability and Courts Act 2004

(hereinafter the “Act”) or otherwise in personal injuries proceedings

*An order under section 9(2) of the Act for the extension of the period for the service of (state matter in which extension of time is sought)

*An order under section 10(3) of the Act for a stay or dismissal of the proceedings by reason of the plaintiff's failure to provide the information necessary to comply with section 10 of the Act

*An order under section 11(3) of the Act for a stay or dismissal of proceedings by reason of the plaintiff's failure to provide further information requested under section 11(1) or section 11(2) of the Act

*An order under section 12(3) of the Act for a stay of proceedings or for judgment by reason of a defendant's failure to provide the information necessary to comply with section 12 of the Act

*A direction of the Court under section 15 of the Act that a mediation conference be held

*An order for the delivery of further and better particulars by the *plaintiff/*defendant

*An order allowing evidence in the action to be given by affidavit, under section 19 of the Act;

*An order appointing an approved person to carry out any investigation and to give evidence in the action, under section 20 of the Act.

Which application shall be grounded upon the affidavit of ................................ sworn on ............................

Dated this day of 20

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

Solicitor for the *plaintiff/*defendant

To: District Court Clerk at ..................................

And: ...................... Solicitor for the *plaintiff/*defendant

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

in the County of ............................................................ ..

No. 39A.6

Schedule C

O.39A, r.8

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

ORDER

CIVIL LIABILITY AND COURTS ACT 2004

Between............................................................ ............................................................ .......... who is ordinarily resident at ............................................................ ......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”)....................................... ............................................................ ......................... (state plaintiff's occupation) ......Plaintiff and

............................................................ ............................................................ ...................... who is ordinarily resident at ............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

WHEREAS on the hearing of an application by motion dated ............................. 20 .................. of the above-named *Plaintiff/*Defendant

The Court being satisfied that the respondent was duly served with notice of the application herein

AND ON HEARING what was alleged by the applicant *and the respondent

IT IS HEREBY ORDERED

* under section 9(2) of the Act that the period for (state relevant matter) be extended by

*under section 10(3) of the Act that *the plaintiff's action shall not proceed any further until the plaintiff (state condition) *the plaintiff's action be dismissed

* under section 11(3) of the Act that *the plaintiff's action shall not proceed any further until the plaintiff (state condition) *the plaintiff's action be dismissed

* under section 12(3) of the Act that *the action shall not proceed any further until the defendant (state condition) *judgement be entered for the plaintiff in the amount of €..........

* under section 15 of the Act that a mediation conference be held in respect of the proceedings under the chairmanship of [name]..... of (address) who is hereby appointed chairman of the mediation conference and who is hereby directed to report to the Court on the outcome of said conference in the form and manner prescribed by Order 39A of the District Court Rules not later than .......................... 20 .... and that the within proceedings be adjourned to .......................... 20 .... to facilitate such mediation.

* that the *plaintiff/*defendant do deliver the further and better particulars of the *personal injuries summons/*defence/*counterclaim/*defence to counterclaim herein sought by letter dated............................ 20 ..... within the period of ..................... of the date of this order.

* under section 19 of the Act that the evidence at the hearing of the within action of ..................... may be given by affidavit.

* under section 20 of the Act that ................... of .......................................... being for the time being an approved person within the meaning of said section be and is hereby appointed to carry out an investigation into the following matter arising in the within proceedings, namely............................................................ ............................................................ .............

............................................................ ............................................................ ..........................to be completed not later than ..........................20.... and if necessary to give evidence at the hearing of the within action in the action of the outcome of such investigation

Dated this day of 20

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

Judge of the District Court

No. 39A.7

Schedule C

O.39A, r.10

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

NOTICE AS TO TERMS

CIVIL LIABILITY AND COURTS ACT 2004, SECTION 17

Between............................................................ ............................................................ .......... who is ordinarily resident at ............................................................ ......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”)....................................... ............................................................ ......................... (state plaintiff's occupation) ......Plaintiff and

............................................................ ............................................................ ........................ who is ordinarily resident at ............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

TAKE NOTICE that for the purposes of

section 17

of the

Civil Liability and Courts Act 2004

the *plaintiff/defendant is willing to settle the above-entitled action upon the following terms

TERMS OTHER THAN THOSE AS TO COSTS

TERMS AS TO COSTS

[or]

TAKE NOTICE that for the purposes of

section 17

of the

Civil Liability and Courts Act 2004

the defendant is not prepared to pay any sum of money to the plaintiff in settlement of above-entitled action.

Signed:_______________

Date

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

Solicitor for the *plaintiff/*defendant

And to: District Court Clerk at

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

*delete whichever inapplicable

Given this 11th day of April 2005

Peter Smithwick Chairman

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Thomas E O'Donnell

Hugh O'Neill

Noel Rubotham

Elizabeth Hughes Secretary

I concur in the making of the foregoing rules

Dated this 20th day of May 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules regulate the procedure and prescribe the forms to be used in personal injuries actions to which Part 2 of the

Civil Liability and Courts Act 2004

, which applies to personal injuries actions as defined in section 2 of the Act, applies.

4. The defendant's address for service, if different from the address mentioned above should be stated here

Dated..........................20......

(Signed)____________________

Defendant/Solicitor for the defendant

No. 39A.4

Schedule C

O.39A, r.7

AN CHUIRT DUICHE

THE DISTRICT COURT

District Court Area of

District No.

VERIFYING AFFIDAVIT CIVIL LIABILITY AND COURTS ACT 2004 SECTION 14

Between............................................................ ............................................................ .......... who is ordinarily resident at............................................................ .......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”) ....................................... ............................................................ ...............................(state plaintiff's occupation)..... Plaintiff and............................................................ ............................................................ ...................... who is ordinarily resident at............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

[The title need not be repeated where the affidavit is endorsed upon the pleading or other document]

I, AB, ..............................of ............................, the (plaintiff, defendant or state other capacity or authority) in the above-entitled proceedings, aged eighteen years and upwards MAKE OATH and say as follows

5. PARTICULARS OF THE INJURIES TO THE DEFENDANT OCCASIONED BY THE WRONG OF THE PLAINTIFF (OR OF EACH PLAINTIFF)

6. RELIEFS CLAIMED BY THE DEFENDANT

SCHEDULE

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

(Full particulars should be set out. Add additional sheets if necessary)

[If applicable, insert the particulars required by Order 39, rule 4 (1A)]

This defendant's personal details are as follows

7. (1) An affidavit of verification of a pleading or of further information requiring under section 14(1) or (2) of the Act to be verified on oath shall be in the Form 39A.4 Schedule C. The affidavit may be endorsed upon the pleading or other document concerned, or may exhibit such pleading or other document.

(2) A copy of the affidavit of verification shall be delivered to the party to whom the pleading or other document is to be delivered. Where the affidavit is endorsed upon the pleading or other document, it shall be delivered within the time prescribed by these Rules for delivery of such pleading or other document. Otherwise, the affidavit shall be delivered within the time prescribed by section 14 of the Act for lodgment of the affidavit in court.

(3) Where the affidavit of verification is delivered subsequent to delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply shall run from the date of delivery of the affidavit of verification.

(4) An affidavit of verification shall be lodged in Court as required by section 14(4) of the Act by lodging the original affidavit duly stamped with the Clerk.

8. (1) The following applications in personal injuries proceedings shall, subject to the following rules of this Order, be made by application to the Court by application on notice to the opposing party or parties in the Form 39A.5, Schedule C, grounded upon an affidavit sworn by or on behalf of the moving party

(i) An application under section 9(2) of the Act (in the absence of agreement between or among the parties) for the extension of the period provided for in this Order or otherwise in these Rules, within which any document may be served or thing may be done;

(ii) An application by a defendant under section 10(3) of the Act for a stay or dismissal of proceedings by reason of a plaintiff's failure to provide the information necessary to comply with section 10 of the Act;

(iii) An application by a defendant under section 11(3) of the Act for a stay or dismissal of proceedings by reason of a plaintiff's failure to provide further information requested under section 11(1) or section 11(2) of the Act;

(iv) An application by a plaintiff under section 12(3) of the Act for a stay of proceedings or for judgment by reason of a defendant's failure to provide the information necessary to comply with section 12 of the Act;

(v) An application by a party for a direction of the Court under section 15 of the Act that a mediation conference be held;

(vi) An application to the Court to order the delivery by the opposing party of further and better particulars of any pleading delivered by such party;

(vii) An application by a party wishing to have evidence in the action given by affidavit, under section 19 of the Act;

(viii) An application by a party wishing to have an approved person appointed to carry out any investigation and to give any evidence in the action in relation to any matter, under section 20 of the Act.

No application described in this sub-rule shall be issued unless

(a) the moving party shall have first written to the relevant opposing party requesting that such party agree to any extension proposed or (as the case may be provide the information identified in, or agree to, the moving party's request;

(b) a period of fourteen days for compliance with the moving party's request has been allowed; and

(c) the party requested has failed, refused or neglected to comply with such request.

(2) Any order made on such application shall be in the Form 39A.6, Schedule C.

(3) No application for judgment in default of defence shall be granted in personal injuries proceedings unless the moving party has satisfied the Court that he has verified his personal injuries summons in those proceedings on oath in accordance with this Order.

9. (1) Where the Court directs that a mediation conference be held, it may adjourn the proceedings for such time as it considers appropriate to enable the mediation conference to be held.

(2) Where the Court directs that a mediation conference be held, it may extend the time for compliance by the parties or any of them with any provision of these Rules or any order of the Court in the proceedings.

(3) The report under section 16 of the Act of the person appointed under section 15(4) of the Act to be the chairperson of a mediation conference shall be by way of affidavit which shall verify

(a) his or her appointment as mediator;

(b) whether the mediation conference was or was not held;

(c) if not held, the reasons why the mediation conference did not take place; (d) if held, (i) the time and place at which the mediation conference was held; (ii) the parties in attendance; (iii) whether or not a settlement has been reached in the proceeding and (iv) the terms of any settlement signed by the parties.

10. Copies of the plaintiff's notice of an offer of terms of settlement required by section 17(1) of the Act and of the defendant's notice required by section 17(2) of the Act shall be lodged in Court by being delivered (together with an affidavit as to the service of the same on the opposing party) to the Clerk as soon as may be after the expiry of the prescribed period referred to in section 17(3) of the Act. Such notice shall be in the Form 39A.7, Schedule C. Such notice shall not be given or produced to the Judge prior to the determination of the proceedings.

11. A pre-trial hearing as provided for in section 18 of the Act shall be held in personal injuries proceedings where the Court, on the application by motion on notice to the opposing party or parties by the party wishing to apply for a pre-trial hearing considers that a pre-trial hearing is appropriate. A Judge presiding over a pre-trial hearing may at such hearing give such directions and make such orders as may be necessary for the purposes of determining what matters relating to the proceedings are in dispute.”

(viii) by the insertion immediately following sub-rule 1 of rule 2 of Order 41, of the following

“(1A) Notwithstanding sub-rule (1), a defendant in personal injuries proceedings may lodge in Court a sum of money which he or she alleges is sufficient to satisfy the plaintiff's claim, whether with or without an acknowledgment of liability, at any time up to the time prescribed for the delivery of the defendant's defence.”

(ix) by the insertion immediately following sub-rule 3 of rule 5 of Order 41, of the following

“(3A) No counterclaim in personal injuries proceedings shall be made after the time prescribed for the delivery of the defendant's defence. A plaintiff in personal injuries proceedings may deliver a defence to the counterclaim, which shall be in the Form 39A.2, Schedule C, modified as necessary, not later than seven days before the date to which the personal injuries summons is returnable, and a copy of such defence to counterclaim shall at the same time be lodged with the Clerk.”

(x) by the insertion in Order 45, immediately following rule 6 thereof, of the following

“7. Where, in personal injuries proceedings, a defendant has failed to deliver a defence within the time permitted by these Rules, the plaintiff may issue a notice of application returnable for the return date on the personal injuries summons for judgment in default of defence and on the hearing of such motion, the Judge may give judgment, or may enlarge the time for the delivery of the defendant's defence, subject to such conditions, or orders as to costs as seem appropriate”.

(xi) by the insertion in Order 62, rule 5, immediately following sub-rule (4) thereof of the following

“(4A) In personal injuries proceedings, notice of the document instituting the proceedings in the Form 62.1 Schedule C, shall additionally contain the following endorsement: “Take notice that you are required to deliver a defence to the plaintiff's claim not later than 28 days after the date of receipt of this notice”.

STATUTORY INSTRUMENTS

S.I. No. 257 of 2005

District Court (Personal Injuries) Rules, 2005

SI 257 of 2005

District Court (Personal Injuries) Rules 2005

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:-