S.I. No. 396/2020 - Circuit Court Rules (Witness Summonses) 2020

1. (1) These Rules, which may be cited as the Circuit Court Rules (Witness Summonses) 2020, shall come into operation on the 30th day of September 2020.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2020.

(3) The Circuit Court Rules 2001 to 2020 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2020.

2. The Circuit Court Rules are amended by the substitution in Order 24 for rule 1 of the following rule

“1. (1) Subject to sub-rule (2), any party desiring the attendance of any person to give evidence or produce any books, papers or documents to the Court, or to an officer of the Court, shall apply for, and the County Registrar shall issue, a witness summons requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein. Such summons shall be in accordance with Form 14 of the Schedule of Forms.

(2) An application for the issue of a witness summons requiring an officer of the State to attend and produce any books, papers or documents to the Court (witness summons

duces tecum

) may not be issued except by order of the County Registrar on an application

ex parte

.”

EXPLANATORY NOTE

(

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

.)

These rules substitute Order 24 rule 1 to provide that a witness summons

duces tecum

in relation to an officer of the state may not be issued except by order of the County Registrar.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd October,

2020.

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 3rd day of March 2020.

Patricia Ryan

Chairperson

Jacqueline Linnane

Tomás Keys

Fiona Duffy Coady

Keith Walsh

Sabina Purcell

Mairead Ahern

Rita Considine

James Finn

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

Dated this 3rd day of September 2020.

Helen McEntee

Minister for Justice and Equality