Circuit Court Rules

ORDER 64

MOTIONS

1. Except where permitted by these Rules, no motion shall be made without notice to the parties affected thereby but the Judge or the County Registrar, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as he may think just. Any party affected by such order may move to set it aside.

2. Except where otherwise provided by these Rules, or unless the Judge gives special leave to the contrary, there must be at least four clear days between the service of a notice of motion and the day named in the notice for hearing the motion.

3. Any affidavits to be used in support of any motion on notice shall be mentioned in the notice of motion and copies thereof shall be served therewith and no such affidavit shall be used without the leave of the Judge unless the same shall have been filed.

4. In the case of applications to which section 12 of the Personal Injuries Assessment Board Act, 2003 (No 46 of 2003) applies, the motion shall be grounded upon an affidavit entitled —

‘IN THE MATTER OF SECTION 12 OF THE PERSONAL INJURIES ASSESSMENT BOARD ACT, 2003’ and the court may give such directions as to the service of the application (and as to the service of any affidavits) or as to the service of any order made on such application on any person as may be appropriate.

[SI 542/04]

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