S.I. No. 93/2009 - Rules of the Superior Courts (Discovery) 2009

1. I have in my possession, power or procurement the documents [

and electronically stored information

]* relating to the matters in question in this suit and falling within the relevant categories of documents specified

*in the letter requesting voluntary discovery dated.20..

*in the order of the Master of this Honourable Court made on .20..

set forth in the first and second parts of the first schedule hereto.

2. I object to produce the said documents [and electronically stored information]* set forth in the second part of the said first schedule hereto.

3. That [

here state upon what grounds the objection is made, and verify the facts as far as may be

].

4. I have had, but have not now, in my possession, power or procurement the documents [

and electronically stored information

]* relating to the matters in question in this suit set forth in the second schedule hereto.

5. The last mentioned documents [

and electronically stored information

]* were last in my possession, power or procurement on [

state when

].

6. That [

here state what has become of the last-mentioned documents or information, and in whose possession they now are

].

7. According to the best of my knowledge, information, and belief, I have not now, and never had in my possession, power or procurement or in the possession, custody or power of my solicitors or agents, solicitor or agent, or in the possession, custody or power of any other persons, or person on my behalf, any document of any kind or any electronically stored information, or any copy of or extract from any such document or information, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters, or any of them, and falling within the relevant categories of documents specified

*in the letter requesting voluntary discovery dated.20..

*in the order of the Master of this Honourable Court made on .20..

other than and except the documents [

and information

]* set forth in the said first and second schedules hereto.

8. I understand that the obligation on a party giving discovery is to discover all documents and electronically stored information within his/her/its possession, power or procurement within the categories agreed or ordered to be delivered that contain information which may enable the party receiving the discovery to advance its own case or to damage the case of the party giving discovery or which may fairly lead to a train of inquiry which may have either of those consequences.

Sworn, &c.

Note—

(i) Documents of the same or a similar nature, when numerous, must so far as possible, be grouped together and numbered or otherwise sufficiently marked so as to be identifiable.

(ii) Parties providing discovery shall list documents or categories of information, and shall provide documents and information for inspection, in a manner corresponding with the categories in the agreement or order for discovery, or in a sequence corresponding with the manner in which the documents or information have been stored or kept in the usual course of business by the party making discovery.

* Insert where appropriate

EXPLANATORY NOTE

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

The Rules amend Order 31, rule 12 and rule 20 of the Rules of the Superior Courts and in particular make provision for the discovery of electronically stored information.

S.I. No. 93 of 2009

RULES OF THE SUPERIOR COURTS (DISCOVERY) 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

27

th March

, 2009.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act 1936

, section 67, 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 30th day of October, 2008.

Richard Johnson

Joseph Finnegan

Elizabeth Dunne

Paul McGarry

Mary Cummins

Patrick Groarke

Patrick OConnor

Noel Rubotham

Maeve Kane

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

Dated this 22 day of March, 2009.

DERMOT AHERN

Minister for Justice, Equality and Law Reform

S.I. No. 93 of 2009

RULES OF THE SUPERIOR COURTS (DISCOVERY) 2009