S.I. No. 526/2005 - Circuit Court Rules (Personal Injuries) 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 ........

*

[to which this affidavit is appended]

*

[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 etc.

**

Insert where deponent is swearing in capacity of a next friend or committee.

FORM 6A (iv)

O. 5A, r. 10

NOTICE OF OFFER OF TERMS OF SETTLEMENT

AN CHUIRT CHUARDA

THE CIRCUIT COURT

Record No.

Between

A.B.

Plaintiff,

AND

C.D.

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 abovementioned 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

EXPLANATORY NOTE.

(This note is not 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.

*

delete if inapplicable.

*

Delete if inapplicable.

*

Delete if inapplicable.

*

Delete whichever inapplicable.

4. Defendant's Personal Public Service Number

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

(Signed) ______________________________

FORM 6A(iii)

O. 5A, r. 7

AFFIDAVIT OF VERIFICATION

AN CHUIRT CHUARDA

THE CIRCUIT COURT

Record No.

Between

A.B.

Plaintiff

AND

C.D.

Defendant

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

6. (1) A defence shall be delivered by each defendant who has entered an Appearance. The defence shall be in accordance with Form 6A(i) of the Schedule of Forms annexed hereto. Where any defendant makes a counterclaim, such counterclaim shall be in accordance with Form 6A(ii) of the Schedule of Forms and shall be appended to the defence.

(2) The defence shall be delivered to the plaintiff or his Solicitor within 6 weeks of the entry by the defendant of an Appearance.

7. (1) An affidavit of verification of a pleading or of further information requiring under section 14(1), 14(2 or 14(3) of the Act to be verified on oath shall be in accordance with Form 6A(iii) of the Schedule of Forms annexed hereto. Where the affidavit is not made separately to the pleading or other document concerned, it shall be appended to 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 appended to the pleading or other document, the copy of the affidavit 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 copy of 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 such copy.

(4) An affidavit of verification shall be lodged in court as required by section 14(4) of the Act by being filed in the Office.

8. (1) The following applications in a personal injuries action shall, subject to the following rules of this Order, be made by motion to the Court on notice to the opposing party or parties, grounded, where necessary upon an affidavit sworn by or on behalf of the moving party

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

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

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

(iv) An application for an order for the delivery by the opposing party of further and better particulars of any pleading delivered by such party;

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

An application referred to in paragraphs (i), (ii), (iii or (iv) of this sub-rule shall not be issued unless

(

a

) the moving party shall have first written to the relevant opposing party requesting that such party agree to the moving party's request;

(

b

) a period of twenty eight 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) No application for judgment or for other relief in default of pleading shall be granted in a personal injuries action unless the moving party has satisfied the Court that he has verified his previous pleadings in that action on oath in accordance with this Order.

9. (1) A request by a party for a direction of the Court under section 15 of the Act that a mediation conference be held shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.

(2) 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.

(3) 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.

(4) 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, in addition to any matters required by section 16 of the Act to be contained in such report 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 action 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 filed (together with an affidavit as to the service of the same on the opposing party) in the Office 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 accordance with Form 6A(iv) of the Schedule of Forms annexed hereto.

11. (1) A person presiding over a pre-trial hearing directed by the Court under section 18 of the Act 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 action are in dispute.

(2) Any direction given or order made at a pre-trial hearing by a person, other than a Judge, presiding over such hearing, may be appealed to the Court by a party affected.”

S.I. No. 526 of 2005

.

CIRCUIT COURT RULES (PERSONAL INJURIES) 2005.

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, Equality and Law Reform, make the annexed Rules of Court.

Dated this 11th day of July 2005.

(Signed): MATTHEW DEERY

(Chairman of the Circuit Court Rules Committee),

GERARD J. DOHERTY,

NOEL RUBOTHAM,

SUSAN RYAN (Secretary).

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

Dated this 23rd day of August 2005.

(Signed): MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

S.I. No. 526 of 2005

.

CIRCUIT COURT RULES (PERSONAL INJURIES 2005.