S.I. No. 202/1965:

CIRCUIT COURT RULES (No. 1), 1965

CIRCUIT COURT RULES (No. 1), 1965

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 upon us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , and sections 27 and 48 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, make the annexed Rules of Court.

Dated the 19th day of July, 1965.

J. C. Conroy

James I. McGuire

Pádraic Boyd

Joseph P. Tyrrell

Micheál Ó Cléirigh

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

Dated this 23rd day of September, 1965.

BRIAN LENIHAN

Minister for Justice.

CIRCUIT COURT RULES (No. 1), 1965

These Rules, which may be cited as the Circuit Court Rules (No. 1), 1965, shall come into operation on the 1st day of October, 1965. The Orders, Rules and Schedule referred to in these Rules as being revoked, amended or added to, are those contained in the Circuit Court Rules, 1950.

ORDER 7.

Rule 1.

Rule 7 of this Order is hereby revoked and the following Rules shall be substituted therefor:--

Suing defendant by trade name.

7. Any person carrying on business within the jurisdiction in a name or style other than his own name which is not registered pursuant to the provisions of the Registration of Business Names Act, 1963 , may be sued in such name or style ; and the plaintiff in such cases may apply by Notice of Motion to the Court for an Order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified upon oath or otherwise as the Court may direct.

8. In all cases to which Rule 7 applies service of a Civil Bill or any other document may be effected by service in the manner provided by these Rules on the person carrying on business or on such person who at the time of the service appears to have control or to be managing the said business, at the place where the said business is carried on. Such service shall be deemed to be good service upon the person sued whether or not that person is out of the jurisdiction and no leave to issue the Civil Bill or other document shall be necessary.

9. In so far as the nature of the case will permit, all rules relating to the proceedings against firms shall apply to all cases to which Rule 7 applies.

ORDER 10.

Rule 2.

There shall be added to Rule 3 of this Order immediately following the addition thereto by Rule 1 of the Circuit Court Rules, 1954, the following words :--

Whenever and for so long as no Summons Server stands assigned to any area by the County Registrar of the County in which such area is situate, then service may be effected in the manner provided by section 7 of the Courts Act, 1964 .

Rule 3.

Rule 15 of this Order is hereby revoked and the following Rule shall be substituted therefor:--

Entry of Civil Bill.

15. The originals of all Civil Bills or other originating documents intended for entry or to be proceeded on shall be lodged at the office within eight days after service or of acceptance in writing of service by a Solicitor, with a request for entry duly stamped where necessary ; provided that where service is effected by virtue of the provisions of section 7 of the Courts Act, 1964 , then the said period of eight days herein shall be extended to a period of not less than ten days and not more than eighteen days.

Rule 4.

There shall be added to this Order the following Rule :--

Endorsement of Service.

22. The endorsement of service and the statutory declaration for the service of Civil Bills or other originating documents as provided by section 7 of the Courts Act, 1964 , shall be in the following form :--

ENDORSEMENT OF SERVICE

In pursuance of section 7 (3) of the Courts Act, 1964 , the within   was served by me on the Defendant    by posting a true copy thereof at a/p.m. on   day of  , 19 at       Post Office in a registered prepaid envelope addressed to the said Defendant, the said         at* 

Endorsed this day of , 19 .

Signed :

STATUTORY DECLARATION OF SERVICE**

I, of aged twenty-one years and upwards, do solemnly and sincerely declare

(1) That I did serve the within dated the day of , 19 on the within named Defendant by posting a true copy thereof at a/p.m. on the day of , 19 at Post Office in a registered prepaid envelope addressed to the said Defendant the said at* (being the last known residence/ place of business of the Defendant).

(2) That before such posting as aforesaid of the said copy of the said I compared said copy with the original thereof and endorsed my name on said copy.

(3) That at the time of such posting as aforesaid the said was duly stamped with the appropriate stamp duty.

(4) I beg to refer to the official Post Office Certificate of Posting of said registered envelope, attached hereto, and marked by me.

(5) And I further say that I did on day, the day of , 19 , being within three days after such posting as aforesaid, endorse on said the time, date and place of such posting as same now appears thereon.

(6) That the said envelope has not been returned undelivered to the sender.

(7) And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 , and the Courts Act, 1964 , empowering this declaration to be used as proof of service of said

Signed :

Declared before me by     , who is personally known to me (or who is identified to me by        who is personally known to me) at

     in the County of     , this day of 19 .

Signed :

Peace Commissioner (or

Commissioner for Oaths)

for said County.

*Postal address in full.

**This declaration to be made not earlier than 10 days after the day on which the envelope is posted.

ORDER 12.

Rule 5.

There shall be added to this Order the following Rule :--

Lodgment in satisfaction of counterclaim.

18. Notwithstanding anything contained in Rule 17 of this Order a plaintiff, prior to service of notice of trial, may, upon written notice to a defendant, lodge money in Court in answer to a counterclaim, subject to the like conditions as to costs and otherwise as upon lodgment in Court by a defendant.

ORDER 54.

Rule 6.

Rule 9 of this Order is hereby revoked and the following Rule shall be substituted therefor:--

Filing by applicant or in default by respondent.

9. All applications shall be filed within eight days of the service thereof on the respondent or, if there be more than one respondent within eight days of service on the respondent last served ; provided that where service is effected by virtue of the provisions of section 7 of the Courts Act, 1964 , then the said period of eight days herein shall be extended to a period of not less than ten days and not more than eighteen days. In default of such filing any respondent may himself file the same and thereupon, or at any time thereafter, the Judge may make such order as to him shall seem right.

ORDER 55.

Rule 7.

Rule 8 of this Order is hereby revoked and the following Rule shall be substituted therefor:--

Filing.

Default of filing by applicant.

8. All applications shall be filed within eight days of the service thereof on the respondent, or, if there be more than one respondent, within eight days of service on the respondent last served ; provided that where service is effected by virtue of the provisions of section 7 of the Courts Act, 1964 , then the said period of eight days herein shall be extended to a period of not less than ten days and not more than eighteen days. In default of such filing any respondent may himself file the same and thereupon or at any time thereafter the Judge may make such order as to him shall seem right.

Rule 8.

SECOND SCHEDULE TO THE CIRCUIT COURT RULES, 1950.

Revised Forms.

Rule 8.

Forms 21 and 22 of the Second Schedule to the Circuit Court Rules, 1950, shall be deleted and the forms in the following Schedule shall be substituted therefor.

SCHEDULE.

AN CHÚIRT CHUARDA

(The Circuit Court)

Record No.

Circuit County of 

FORM 21--EXECUTION ORDER AGAINST GOODS

Between                    Plaintiff

--and--

Defendant.

The       of      having applied for the issue of an execution order on foot of    obtained herein on day of 19 for the sum of £ together with the sum of £   for costs, you the several Sheriffs and County Registrars with whom this order may be lodged are hereby authorised and required to take in execution the goods of the said of , within your bailiwick to satisfy the amount due on foot of the said together with costs of the said execution including the sum of £ as and for the costs of this order, and also interest at the rate of £4 per cent per annum on the said sum of £ (being the sum due under the decree, exclusive of costs and expenses) from day of , 19 .

Dated this day of , 19 .

By the Court.

Signature of County Registrar.

To the several Sheriffs and County Registrars.

Note :--This Execution Order is in force for one year only from the date hereof.

ENDORSEMENT ON EXECUTION ORDER.

This execution order was issued by of Solicitor for herein (or by of the herein in person).

Lodged with the of the County of at his office in at the hour of o'clock in the noon, the day of , 19 .

I Authorise and Empower

County of 

TO WIT of and of Court messengers, or either of them, and their assistants to execute this Execution Order.

Given under my hand this day of , 19 .

Sheriff or Co. Registrar of the said County.

The sum to be levied hereunder is £ 

Sheriff or Co. Registrar.

Note--Subsequent lodgments of this Order should be endorsed in the same manner as is indicated here.

AN CHÚIRT CHUARDA

(The Circuit Court)

Record No.

Circuit County of 

FORM 22--EXECUTION ORDER FOR SPECIFIC CHATTEL

Between                    Plaintiff

--and--

Defendant.

The Plaintiff of having applied for the issue of an execution order on foot of the Decree obtained herein on for recovery of together with the sum of £ and the sum of £ for costs, you the several Sheriffs and County Registrars with whom this order may be lodged are hereby authorised and required to take the said from the said Defendant and deliver the same to the said Plaintiff, and you are further authorised and required to take in execution the goods of the said Defendant within your bailiwick to satisfy the aforesaid sums and the costs of execution including the sum of £ as and for the costs of this Order.

Dated this day of , 19 .

By the Court.

County Registrar.

To the several Sheriffs and County Registrars.

Note :--This Execution Order is in force for one year only from the date hereof.

ENDORSEMENT ON EXECUTION ORDER

This execution order was issued by of Solicitor for herein (or by of the herein in person).

Lodged with the Sheriff/County Registrar of the County of at his office in at the hour of o'clock in the noon, the day of , 19 .

I Authorise and Empower

County of 

TO WIT

of

and               of          Court messengers, or either of them and their assistants to execute this Execution Order.

Given under my hand this day of , 19 .

Sheriff or Co. Registrar of the said County

The sum to be levied hereunder is £ 

Sheriff or Co. Registrar.

Note--Subsequent lodgments of this Order should be endorsed in the same manner as is indicated here.

EXPLANATORY NOTE.

These Rules amend the Rules of the Circuit Court, 1950 ( S.I. No. 179 of 1950 ) in the following respects :--(a) the suing of a defendant under an unregistered trade name (b) the service of court documents by registered post in areas where there are no summons servers (c) the lodgment of money in court by a plaintiff in answer to a counterclaim (d) the time for filing by an applicant or, in default, by a respondent in cases under the Rent Restrictions Acts and the Landlord and Tenant Acts. The Rules also prescribe new Forms for Execution Orders Against Goods and for Execution Orders for Specific Chattels.