S.I. No. 358/2008 - Circuit Court Rules (Case Progression in Family Law Proceedings) 2008

1. Is the [divorce][judicial separation]*, apart from other issues, being contested—

2 Are the parties agreed as to the arrangements which should be made for custody of the dependent child/children—If so, what are the arrangements—If not, what are the respective positions of the parties—

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2008.

3. Are the parties agreed as to the arrangements which should be made for access to the dependent child/children—If so what are the arrangements-If not, what are the respective positions of the parties—

4. Are further pleadings necessary—

5. Have both parties filed their Affidavits of Means-

6. Have both parties vouched their Affidavits of Means—

7. Are the parties satisfied with the disclosure and vouching in the Affidavits of Means filed—If not, what are the alleged deficiencies- In particular, what vouchers are outstanding—

8. Do the parties envisage or intend to apply that disclosure/vouching for a greater period than 12 months will be required—If so, what disclosure is required, and over what period—

9. Have both parties filed their Affidavits of Welfare (where applicable)—

10. Have the parties (a) exchanged statements of the issues—(b) identified the issues in dispute between them-

11. Has

inter partes

discovery been made—If not, will an order be required—

12. Do the parties envisage that third party discovery will be required—If so, against whom—

13. Are pension adjustment orders being sought—Note: If so, a Notice to the Trustees of the relevant Pension Scheme must be served, copies of such Notice and an Affidavit of Service thereof on the trustees served on the other party, and the Affidavit of Service filed before the case progression hearing.

14. Have particulars of property and income been furnished in accordance with [s. 38(7) of the

Family Law Act 1995

][Section 38(6) of the

Family Law (Divorce) Act 1996

]*—

15. (1) Are expert witnesses being retained by the parties to give evidence in the case— (In particular, each party should indicate whether they intend to retain an accountant to give evidence in relation to the income, assets or liabilities of one or both parties.)

16. Have the parties obtained, or considered retaining, any joint expert in respect of any of the matters referred to at 14—

17. Identify (a) the expert,(b) the expert’s professional standing, (c) the financial, medical, valuation or other subject matter in respect of which such expert witness will be giving evidence and (d) if the expert is jointly retained.

18. What period is required for each expert to have completed his/her investigations and to have reported thereon—

19. Is it agreed that the reports of each expert witness intended to be called will be exchanged between the parties—

20. Can expert witnesses discuss the issues and identify matters in dispute—

21. Will any social report(s) be sought under s. 47 of the

Family Law Act 1995

—If so, what period is required for such report(s) to be completed—

22. Is the trial of any preliminary issue necessary and, if so, indicate the nature of such issue, the estimated duration of any such hearing, and the likely effect on the outcome of the substantive proceedings.

23. Are there any other matters which should be brought to the attention of the Court—

* Delete if not applicable

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

Applicant /Solicitor for the Applicant

Respondent/ Solicitor for the Respondent

EXPLANATORY NOTE

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

These rules amend the Circuit Court Rules to facilitate the supervision by the county registrar of the preparation for trial of the categories of family law proceedings in the Circuit Court to which Order 59 rule 4 of those rules applies.

S.I. No. 358 of 2008

CIRCUIT COURT RULES (CASE PROGRESSION IN FAMILY LAW PROCEEDINGS) 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

12

th September

, 2008.

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 24 day of June 2008.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

Gerard J. Doherty

Joe Deane

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 12 day of September 2008.

Signed: DERMOT AHERN.

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 358 of 2008

CIRCUIT COURT RULES (CASE PROGRESSION IN FAMILY LAW PROCEEDINGS) 2008