S.I. No. 221/2019 - Circuit Court Rules (Renewal Of Civil Bill) 2019

1. (1) These Rules, which may be cited as the Circuit Court Rules (Renewal of Civil Bill) 2019, shall come into operation on the 19

th

day of June 2019.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2019.

(3) The Circuit Court Rules 2001 to 2019 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2019.

2. In any case where a Civil Bill has been renewed on an

ex parte

application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order.

3. The production of a Civil Bill purporting to be marked with a stamp showing the same to have been renewed in the manner aforesaid, shall be evidence of its having been so renewed and of the commencement of the action as of the first date of such Civil Bill for all purposes.

4. Where a Civil Bill of which the production is necessary, has been destroyed or lost the Court upon being satisfied of the destruction or loss, and of the correctness of a copy thereof, may order that such copy shall be sealed and served in lieu of the original Civil Bill or other originating document.”

Schedule 2

FORM 25

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT COUNTY OF

MEMORANDUM OF RENEWAL OF CIVIL BILL

BETWEEN

.............. Plaintiff

AND

.............. Defendant

It is hereby certified that the Civil Bill issued herein on the .... day of ......... was renewed by Order of the County Registrar/Court made herein on the .... day of ......... which said renewal was for a period of three months. A certified copy of the said Order is annexed hereto at Annex A.

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

Plaintiff/Solicitors for the Plaintiff

To: The County Registrar

EXPLANATORY NOTE

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

These rules amend Order 12 regulating the time limits within which and the circumstances within which a civil bill may be renewed, and effect a related amendment to rule 6 of Order 67.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil”

28

th of May,

2019.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, 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

),

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 and Equality, make the annexed Rules of Court.

Dated this 20

th

day of March 2019.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Jacqueline Linnane

Fiona Duffy Coady

Keith Walsh

Sabina Purcell

Mairead Ahern

Noel Rubotham

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

Dated this 17

th

day of May 2019.

Signed: CHARLES FLANAGAN

MINISTER FOR JUSTICE AND EQUALITY