ISB SI

SI No.398 of 2006

District Court (Case Stated) Rules 2006

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 34

of the

Courts (Supplemental Provisions) Act 1961

and

section 24

of the

Interpretation Act 2005

, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform make the following rules of court:-

1 These rules may be cited as the District Court (Case Stated) Rules 2006.

2 These rules shall come into operation on the 25

th

day of August 2006 and shall be read together with all other District Court Rules for the time being in force.

3 The District Court Rules 1997 (

S.I. No. 93 of 1997

) are hereby amended by the substitution for rule 12 of Order 102 of the following

“12. Where a Judge grants an application pursuant to section 2 of the Act of 1857 or a request pursuant to section 52 of the Act of 1961, or decides pursuant to the said section 52 to refer, without request, a question of law to the High Court for determination, such Judge shall prepare and sign the case stated within six months from the date of the application, request or decision, and shall adjourn the proceedings from time to time pending the preparation and signature of the case stated, as he deems appropriate. To secure agreement between the parties as to the facts the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts such facts shall be found by the Judge.”

Given this 10

th

day of July 2006

Miriam Malone

Chairperson

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Thomas E O’Donnell

Noel A Doherty

Elizabeth Hughes

Secretary

I concur in the making of the foregoing rules

Dated this 28

th

day of July 2006

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 amend Order 102 rule 12 to provide arrangements to monitor proceedings for appeal by way of case stated during the period between the date of application to the Court to state a case and the date of signing and dispatch of the Case Stated. A recommendation in this regard was made by the Working Group on the Jurisdiction of the Courts in its report on the Criminal Jurisdiction of the Courts.