Circuit Court Rules

ORDER 18

COUNTY REGISTRAR

1. (1) The County Registrar, within the county to which he is assigned, shall be the proper officer of the court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the office, by Statute or otherwise, and for the safe custody of all documents and records of the court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister. In particular and without prejudice to the generality of the foregoing, and without prejudice to any other provisions of these Rules, the County Registrar may, in accordance with section 34(1) and the Second Schedule of the Courts and Court Officers Act, 1995 make the following orders —

(i) Any order which may be made as of course.

(ii) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

(iii) An order for enlargement of the time for doing any act or taking any step in an action or matter.

(iv) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(v) A conditional order for the appointment of a receiver by way of equitable execution and, if that appointment is consented to or is uncontested, an order for the appointment of the receiver, and an order for the discharge of a receiver.

(va) A conditional order of garnishee and, if the order is consented to or is uncontested, an order of garnishee.

(vi) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(vii) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(viii) An order for the taking of evidence on commission.

(ix) An order on an application for directions as to —

(I) service of a civil bill or other originating document not inter partes, or

(II) any other procedure in an action or matter.

(x) An order adding or substituting a party in any proceeding.

(xi) An order giving liberty to intervene and appear.

(xii) An order for the amendment of pleadings on consent.

(xiii) An order to receive a consent and make the same a rule of court where the parties are sui juris.

(xiv) An order under the Bankers’ Books Evidence Acts, 1879 and 1959.

(xv) An order for payment out of court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a Judge) for his or her benefit during minority.

(xvi) An order in uncontested cases to have an account taken or inquiry made.

(xvii) An order for the issue, for service outside the jurisdiction of a citation to see proceedings in contentious probate matters.

(xviii) An order for the issue of a citation to lodge in court a grant of probate or letters of administration in contentious probate matters.

(xix) An order giving liberty to file a supplemental affidavit of scripts.

(xx) An order for the lodgment of scripts by any party.

(xxi) An order appointing a receiver in a place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(xxii) A stop order on moneys or securities in court.

(xxiii) An order for the issue of a subpoena under Order 39, rule 30 of the Rules of the Superior Courts.

(xxiv) An order to vacate a lis pendens on an application under section 123 of the Land and Conveyancing Law Reform Act, 2009.

[SI 155/10]

(xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

(xxvi) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(xxvii) An order giving liberty to issue an execution order to replace an execution order that is lost or mislaid.

(xxviia) An order giving liberty to issue an execution order at any time during the period of 12 years from the date of the judgment or order of the court whose execution is directed or authorised by the execution order.

(xxviib) An order giving liberty to amend the identity of the parties to an execution order in accordance with any amendment made by the court to the identity of the parties to the judgment or order of the court whose execution is directed or authorised by the execution order following the death of any party entitled or liable to execution under that order or the assignment of the debt due under that order.

(xxviii) An order for the transfer of proceedings to the High Court or the District Court, including all ancillary orders for the transfer of moneys lodged in the Circuit Court.

(xxix) An order giving liberty to —

(I) serve a third party notice to proceedings on notice to the plaintiff in the proceedings,

(II) join a party as a co-defendant to proceedings on notice to the plaintiff in the proceedings, or

(III) join a party as a co-plaintiff to proceedings on notice to the defendant in the proceedings.

(xxx) An order for the recovery of —

(I) a liquidated amount, or

(II) a specific chattel or chattels, or both in any proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxi) An order entering judgment in an action for unliquidated damages, together with interest thereon and the costs, charges and expenses of the action, in which an appearance has not been entered or a defence has not been delivered.

(xxxii) An order for the recovery of possession of any land in ejectment proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxiii) An order for possession of any land within the meaning of section 3 of the Registration of Title Act, 1964, in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

(xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered.

(xxxv) An order that —

(I) a debtor liable under a judgment or order of the court to pay an amount of money or, where the debtor is a body corporate, an officer, employee or member of the body corporate, and

(II) any other person who a County Registrar considers appropriate, may be examined orally by the County Registrar to ascertain what (if any) debts are owing to the debtor and what (if any) property or other means the debtor has to satisfy the judgment or order.

(2) In any case in which a County Registrar may make an order in accordance with sub-rule (1), he may —

(a) make any supplementary or ancillary order,

(b) place a stay, subject to such conditions as he thinks just, on any order made, or

(c) give any necessary directions and may in respect of the costs of the application direct payment of a sum in gross in lieu of payment of costs to be taxed.

(3) In sub-rule (1), ‘execution order’ shall be interpreted in accordance with the Second Schedule to the Courts and Court Officers Act, 1995.

[SI 312/07]

(4) Unless the same issue has been determined by the Judge (or an application for such a determination is pending before the Judge), the County Registrar may order that a further and better statement of the nature of the claim or defence or counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, or copies of accounts or documents or further information referred to in Order 17, be delivered, upon such terms as to costs and otherwise as may be just.

[SI 191/08]

2. The County Registrar shall take and make all such accounts and inquiries as may be ordered by the court, and shall certify the result thereof to the court on completion and for this purpose he shall have all the powers of the Examiner in the High Court, and he shall issue such citations and subpoenas as are necessary to implement the jurisdiction of the court.

3. If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit.

4. The County Registrar shall have power to settle all necessary advertisements, and arrange for the insertion thereof in such publications as he shall think right.

5. The County Registrar may summon to attend before him, and may examine on oath any party to any proceeding, or any witness whose attendance in connection with any of the duties or powers conferred upon him by statute, or otherwise, he may deem necessary.

6. The County Registrar shall have power, when directed by the Judge or empowered by these Rules, to tax all bills of costs, including costs as between solicitor and client, and shall certify the amount properly due thereon. In every case he shall measure the costs by fixing a reasonable sum in respect of the entire bill or any particular item therein.

7. Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate or within ten days from the date of perfection of such ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may there upon make such order as he thinks fit.

[SI 1/06; SI 312/07]

8. In the absence of any order of the court, or of a direction or request by a person entitled to make the same, as to the investment of sums of cash paid into court, the County Registrar shall apply to the Judge for directions as to the investment thereof.

9. In the absence of the Judge the County Registrar shall have power to declare the court adjourned for such period, or to such date, as may be necessary.

10. The County Registrar in each county may from time to time carry over to a general ledger account for dormant balances the balances of funds to the credit of any ledger account which have not been dealt with for 15 years or upwards; and he may carry to the credit of the same general ledger account the interest or dividends from time to time accruing upon the balances of funds which have been so carried over. When an order dealing with funds carried over under this rule is to be acted upon, the County Registrar shall carry back such funds, and any interest or dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.

11. On or before 31 December in every third year the County Registrar shall prepare a list or statement of the accounts in the office carried over to the general ledger account under the next preceding rule. The said list or statement shall be filed and exhibited in the office, and a copy thereof shall be published in Iris Oifigiúil.

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