Circuit Court Rules

THE CIRCUIT COURT RULES, 2001

[SI 510/01]

[Date of Commencement: 3 December, 2001]

As amended by

SI 615/03; SI 445/04; SI 448/04; SI 542/04; SI 721/04; SI 879/04; SI 880/04; SI 881/04; SI 882/04; SI 883/04; SI 57/05; SI 387/05; SI 388/05; SI 526/05; SI 527/05; SI 1/06; SI 143/06; SI 274/06; SI 275/06; SI 349/06; SI 350/06; SI 409/06; SI 410/06; SI 531/06; SI 532/06; SI 10/07; SI 11/07; SI 12/07; SI 169/07; SI 312/07; SI 446/07; SI 588/07; SI 596/07; SI 188/08; SI 189/08; SI 191/08; SI 201/08; SI 353/08; SI 354/08; SI 358/08; SI 585/08; SI 94/09; SI 132/09; SI 235/09; SI 251/09; SI 264/09; SI 375/09; SI 470/09; SI 486/09; SI 539/09; SI 583/09; SI 82/10; SI 155/10; SI 444/10; SI 445/10; SI 446/10; SI 121/11; SI 122/11; SI 153/11 ; SI 385/11; SI 407/11; SI 523/11; SI 109/12; SI 151/12; SI 284/12; SI 358/12; SI 489/12; SI 100/13; SI 240/13; SI 302/13; SI 317/13; SI 23/14; SI 276/14; SI 284/14; SI 408/14; SI 410/14; SI 491/14; SI 597/14; SI 142/15; SI 346/15; SI 471/15; SI 506/15; SI 18/16; SI 84/16; SI 85/16; SI 171/16; SI 172/16; SI 432/16; SI 433/16; SI 201/17; SI 202/17; SI 207/17; SI 499/17; SI 11/18; SI 12/18; SI 64/18; SI 378/18; SI 379/18; SI 380/18; SI 427/18; SI 429/18; SI 478/18; SI 19/19; SI 22/19; SI 147/19; SI 215/19; SI 221/19; SI 222/19; SI 328/19; SI 282/20; SI 291/20; SI 292/20; SI 396/20; SI 400/20.

INTERPRETATION OF TERMS

1. ‘Action’ means a civil proceeding commenced by civil bill or such other procedure as is provided by these Rules and includes a cause or matter. Where the context so requires, the term ‘civil bill’ includes all other forms of originating document. In all cases where proceedings are commenced otherwise than by civil bill, these Rules shall apply to the document by which such proceedings were originated as if it were a civil bill.

2. ‘Cause’ includes any suit or other original proceeding.

2A. ‘Combined court office manager’ means a person appointed under section 19 of the Courts and Court Officers Act 2009 to be the manager of a combined court office established under section 14 of that Act.

[SI 379/18]

3. ‘contracting state’ means contracting state as defined by section 4 of the 1998 Act.

4. ‘corporation’ and ‘association’ have the meanings provided for in section 15(4) of the 1998 Act.

5. ‘County Registrar’ means the County Registrar in any county attached to the court under the Court Officers Act, 1926, and includes any deputy for that County Registrar for the time being appointed in accordance with section 40 of that Act and any person for the time being required and authorised to perform the duties of the office of that County Registrar in accordance with section 9 of the Court Officers Act, 1945, provided that:

(a) where any business of the office of the court in a county is specified in accordance with section 14 of the Courts and Court Officers Act, 2009 as business that shall be transacted in a combined court office established under that section, a reference to the ‘County Registrar’ (save such a reference in any provision of these Rules mentioned in paragraph (b)) shall, for the purposes of such business, include a reference—

(i) to the combined court office manager appointed under section 19 of that Act for that combined court office or

(ii) where the combined courts office manager has arranged that a member of staff of the Courts Service employed in that combined court office under section 21 of the Courts and Court Officers Act, 2009 may exercise such of the powers, authorities, duties and functions as he cannot conveniently exercise or perform himself, to that member of staff and any form in the Schedule of Forms shall be modified accordingly;

(b) the provisions of these Rules to which paragraph (a) refers are:

(i) Order 4;

(ii) Order 18, except the first paragraph of sub-rule (1) of rule 1;

(iiA) Order 41A, rule 1;

(iii) Order 46, rule 5;

(iv) Order 48;

(v) any provision authorising the taxation or measurement by the County Registrar of costs, or referring to such taxation or measurement;

(vi) any provision authorising, or referring to, the exercise by the County Registrar of functions under any procedure for case progression prescribed by these Rules; and

(vii) any other provision authorising, or referring to, the exercise by the County Registrar of functions mentioned in section 38(2) of the Court Officers Act, 1926, or conferring on or referring to the exercise by the County Registrar of a limited function or power of a judicial nature, arbitration or a function consisting of the taking of evidence.

[SI 379/18; SI 583/09]

6. ‘The court’ means the Circuit Court as established by the Courts (Establishment and Constitution) Act, 1961.

[SI 251/09]

7. ‘Days’ when not expressed to be ‘clear days’ shall be exclusive of the first and inclusive of the last of such days. Where a limited time of less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Saturday and Sunday shall not be reckoned in the computation of such limited time. Where the time for doing any act or taking any proceedings expires on a Saturday, Sunday or other day on which the office is closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the office next is open.

8. ‘Decree’ means the order of the court embodying its judgment.

9. ‘Domicile’ is to be determined in accordance with the provisions of Section 15 of the 1998 Act and Articles 52 and 53 of the 1968 Convention, or as the case may be, the provisions of Articles 59 and 60 of either Council Regulation (EC) No 44/2001 or the Lugano Convention.

[SI 597/14]

10. ‘Equity Suit’ and ‘Equity Proceeding’ includes:

(a) any proceedings mentioned in the Third Schedule of the Courts (Supplemental Provisions) Act, 1961 at reference numbers 17 to 23 inclusive, 24 (so far as it relates to proceedings for the care of minors’ estates) and 25 to 28 inclusive, and

(b) so far as not mentioned at paragraph (a) or otherwise provided for in these Rules, any proceedings mentioned in section 33 of the County Officers and Courts (Ireland) Act, 1877;

[SI 155/10]

11. ‘The Judge’ means a Judge of the Circuit Court and, for the avoidance of doubt, includes, where the context so admits or requires, a Specialist Judge of the Circuit Court.

[SI 317/13]

12. ‘Judgment’ means, as the context permits or requires, the decision or order of the court or of a Judge in any proceeding.

13. ‘The Minister’ means the Minister for Justice, Equality and Law Reform.

14. ‘Oath’ includes solemn affirmation and statutory declaration.

15. ‘Office’, ‘the office’ or ‘the appropriate office’ means:

(a) the office of the Court in any county;

(b) where any business of the office of the court in a county is specified in accordance with section 14 of the Courts and Court Officers Act, 2009 as business that shall be transacted in a combined court office established under that section, and for the purposes of such business — that combined court office, and any form in the Schedule of Forms shall be modified accordingly.

[SI 583/09]

16. ‘Official address’ has the meaning provided for in Part III paragraph 5 of the Ninth Schedule to the 1998 Act.

17. ‘Originating document’ includes every document by which proceedings in the court are instituted.

18. ‘Party’ includes any person entitled to appear and be heard in relation to any action, application, suit or other proceeding.

19. ‘Person’ includes a firm and a body corporate or politic.

20. ‘The Principal Act’ means the Courts of Justice Act, 1924 (No 10 of 1924), and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent Acts.

20A. “Registered post” means a registered items service (within the meaning of section 16(12) of the Communications Regulation (Postal Services) Act, 2011 provided by a person who is for the time being deemed in accordance with section 38 of that Act to be a postal service provider authorised to provide a registered items service and registered as such in the register maintained in accordance with section 40 of that Act, and “pre-paid registered post”, “registered letter”, “insured post” and all cognate expressions shall be construed accordingly.

[SI 276/14]

21. ‘Solicitor’ includes a firm of solicitors or any partner therein.

22. The ‘Courts Service’ means the Courts Service established by the Courts Service Act, 1998.

[SI 597/14]

23. ‘1998 Act’ means the Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

[SI 597/14]

24. ‘1968 Convention’ means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to the Convention) signed at Brussels on 27 September 1968, and is to be construed in accordance with section 2 of the 1998 Act.

[SI 882/04]

25. ‘Council Regulation (EC) No 44/2001’ means Council Regulation (EC) No. 44/2001 of 22 December 2000, (OJ L 12 of 16 January 2001 and L 307/28 of 24 November 2001) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

[SI 597/14]

26. ‘Regulation 2201/2003’ means Council Regulation (EC) No 2201/2003 of 27 November 2003 (OJ L 338/1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, and, where the context so admits or requires, shall include reference to Council Regulation (EC) No 1347/2000 of 29 May 2000 (OJ L 160/22) on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses.

[SI 597/14]

27. The ‘Maintenance Regulation’ means Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

[SI 597/14]

28. The ‘Lugano Convention’ means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007 and concluded on behalf of the European Community pursuant to Council Decision 2009/430/EC and the Protocols and Annexes thereto (the text of which, in the English language, is set out in the Tenth Schedule to the Jurisdiction of Courts and Enforcement of Judgments Act, 1998).

[SI 597/14]

29. References to any Regulation, Directive, Decision or Framework Decision adopted by the Council of the European Union, whether or not jointly with any other institution of the European Union, shall (save where any such amendment or extension does not have force of law in the State) be deemed to be references to such Regulation, Directive, Decision or Framework Decision as amended, extended or applied from time to time, and, where any subsequent Regulation, Directive, Decision or Framework Decision repealing such Regulation, Directive, Decision or Framework Decision expressly so provides, to a subsequent Regulation, Directive, Decision or Framework Decision.

[SI 597/14]

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