Circuit Court Rules

ORDER 33

TRIAL

1. When a defence has been duly entered, the plaintiff may, after the service thereof, serve notice of trial or a notice for the fixing of a date for trial, as directed by the County Registrar in accordance with Forms 15A and 15B of the Schedule of Forms annexed hereto.

2. This rule shall not apply to the Dublin circuit. Not less than 10 days’ notice of trial shall be served upon the defendant and all other necessary parties, save that the parties shall be at liberty to agree that a shorter notice period shall apply. The notice of trial shall be filed at the office not later than seven days after it is served. Service and filing of the notice of trial shall operate to set down the action or matter (including a counterclaim if any) for hearing, to be listed before the County Registrar for allocation of a date for the hearing.

[SI 94/09]

3. This rule shall apply only to the Dublin Circuit. A party desiring to give notice of trial in accordance with rule 1 or rule 4 shall lodge with the office a notice of trial in the Form 15A of the Schedule of Forms. On receipt of such notice, duly completed, from the office, that party shall serve a copy of the completed notice on all of the other parties. At least 21 days’ notice of the date fixed for trial shall be given, save that the parties shall be at liberty to agree that a shorter notice period shall apply. The service of notice of trial, as duly completed in the office, on all other parties shall operate to set down the action (including a counterclaim if any) for hearing upon the date of trial set out in the notice of trial or upon any subsequent day upon which the trial may come on in its order in the list or upon such other date as may be fixed by the court or the County Registrar following the service of notice of trial.

[SI 189/08]

4. Where the plaintiff has failed to serve notice of trial within 10 days after the delivery of the defence the defendant may do so and may file the same in accordance with these Rules.

5. If the plaintiff, in any action other than a probate action, does not within 10 days after the delivery of the defence serve notice of trial, the defendant may, in lieu of serving notice of trial in accordance with the preceding rule, apply to the court to dismiss the action for want of prosecution, and on the hearing of such application the Judge may order the action to be dismissed accordingly, and may make such other order, and on such terms, as to him may seem just.

6. The Judge, if he considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as he shall deem just.

7. A counterclaim may be proceeded with separately, and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed.

8. In any proceeding, a witness who is not a party may be ordered by the Judge to leave the court until his evidence is required, or after his evidence has been given, or to remain in court after his evidence has been given until the trial is terminated or adjourned.

9. Judgment may be given for one or more plaintiffs, and against or in favour of one or more defendants.

10. The Judge may, if he think it expedient in the interests of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he shall think fit.

11. If, when a case is called in court, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim so far as the burden of proof lies upon him.

12. If, when a case is called in court, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him.

13. The Judge on pronouncing any judgment or making any order (or at any subsequent time on notice being given to the opposite party), may order the time or times when, and by what instalments, the debt or damages and costs of the judgment, or the amount stated in the order and the costs shall be paid, provided that if such order for instalments shall be made on pronouncing any judgment or making any order, no order for execution shall issue against the defendant until after default of payment of some instalment according to such order. The Judge may also stay execution on foot of any decree or order for such period and on such terms as he shall think just. Such decrees, dismisses, instalment orders or stays shall be in accordance with Forms 16, 17, 18 and 19 of the Schedule of Forms annexed hereto.

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