S.I. No. 308/1970:

CIRCUIT COURT RULES (NO. 2), 1970.

CIRCUIT COURT RULES (NO. 2), 1970.

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 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and by 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, make the annexed Rules of Court.

Dated the 23rd day of November, 1970.

J. C. Conroy

James A. D'Arcy

Matthew Russell

Francis J. Gannon

Ernest J. Margetson

Michael T. Neary, Secretary.

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

DATED this 22nd day of December, 1970

DESMOND O'MALLEY,

Minister for Justice.

CIRCUIT COURT RULES (NO. 2), 1970.

These Rules, which may be cited as the Circuit Court Rules (No. 2), 1970, shall come into operation on the 1st day of January, 1971. The Rule referred to in these Rules as being revoked is the Rule contained in the Circuit Court Rules (No. 3), 1967 ( S.I. No. 215 of 1967 ).

Order 5

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

Whenever the plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or for substitution of notice for service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be as follows:--

If there are more defendants than one, the above amounts may be increased by the sum of 5/- for each additional defendant served. Additional service fees may also be included where same are payable in accordance with Order 10 Rule 3 of the Circuit Court Rules, 1950, as amended by Rule 1 of the Circuit Court Rules, 1954 ( S.I. No. 212 of 1954 ), and the Circuit Court Rules, 1967 ( S.I. No. 37 of 1967 ).

EXPLANATORY NOTE.

These Rules, which come into operation on the 1st January, 1971, provide for an increase in costs in debt and liquidated claim cases settled before entry. The increase is in consequence of the increase in court fees effected by the Circuit Court (Fees) Order, 1970 ( S.I. No. 237 of 1970 ).