District Court Rules

ORDER 102

CASES STATED

(A) 1Cases stated for the Supreme Court

Definition

1. In this Order—

‘the Act’ means the Malicious Injuries Act, 1981 (No 9 of 1981).

Notice of application

2. (1) An application pursuant to section 18(2)(a) of the Act to state and sign a case for the opinion of the Supreme Court shall be by notice in the Form 102.1, Schedule D.

Notice — lodgment of

(2) Such notice shall, when completed, be lodged by the applicant for the case stated or the solicitor for the applicant with the Clerk for the court area in which the proceedings were heard and determined within 14 days after the determination.

Notice — service of

(3) A copy of the notice shall, within the said 14 days, be served by registered post upon every other party to the proceedings and upon any ratepayer who appeared and was heard in the proceedings, and where the application is made by a ratepayer a copy of the notice shall be served in like manner upon each of the parties.

Determination to be suspended

3. When an application referred to in rule 2(1) is made, the determination in respect of which it is made shall be suspended—

(a) where the application is granted, or where the application is refused and an appeal against the refusal is allowed, until the case stated has been heard and determined,

(b) where the application is refused and an appeal against the refusal has not been lodged, until the expiration of 14 days after the refusal.

Question of law arising during the hearing adjournment of proceedings

4. Where the court, whether on its own motion or upon request, states a case pursuant to section 18(1)(a) of the Act for the opinion of the Supreme Court on any question of law arising during the hearing of proceedings under the Act, it shall adjourn such proceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of 14 days from the day upon which the decision of the Supreme Court shall be given.

Preparation of case stated

5. Where the court grants an application for, or a request for, a case stated pursuant to section 18 of the Act, or decides on its own motion to state a case, the Judge shall prepare and sign such case within six months from the date of the application, request or decision. To secure agreement between the parties as to the facts, the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

Refusal to state a case

6. Where the court refuses to state a case, the Clerk shall send to the applicant for such case stated a certificate of refusal in the Form 102.2, Schedule D and shall send a copy of such certificate to every other party and to any ratepayer who appeared and was heard in the proceedings.

(B) Cases stated for the High Court

[Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).]

Definitions

7. In this Order—

‘the Act of 1857’ means the Summary Jurisdiction Act, 1857 (20 and 21 Vict c 43);

‘the Act of 1961’ means the Courts (Supplemental Provisions) Act, 1961 (No 39 of 1961).

Appeal — notice of application

8. (1) An application pursuant to section 2 of the Act of 1857 (as extended by section 51(1) of the Act of 1961) to state and sign a case for the opinion of the High Court shall be by notice in the Form 102.3, Schedule D.

Appeal — lodgment of notice

(2) Such notice shall, when completed, be lodged by the appellant or by the solicitor for the appellant with the Clerk for the court area in which the proceedings were heard and determined within 14 days after the determination.

Appeal — service of notice

(3) A copy of the notice shall, within the said 14 days, be served by registered post upon every other party to the proceedings.

Recognisance

9. The appellant shall, subject to the provisions of Order 12, rule 20 of these Rules, within 14 days after the determination enter into a recognisance, in the Form 102.4, Schedule D, before a Judge of the District Court, with or without a surety or sureties and in such sum or sums as the Judge may determine.

Recognisance — determination to be suspended

10. When an application referred to in rule 8(1) is made, the determination in respect of which it is made shall be suspended—

(a) where the Judge grants the application, until the case stated has been heard and determined, and

(b) where the Judge refuses to grant the application, until he or she so refuses.

Question of law arising during the hearing — adjournment of proceedings

11. (1) Where a Judge, on request being made to him or her pursuant to section 52 of the Act of 1961 or without request, refers any question of law arising in any proceedings before him or her to the High Court for determination, such Judge shall adjourn the proceedings to the sitting of the District Court for the court area in which the proceedings are being heard to be held next after the expiration of 14 days from the day upon which the decision of the High Court shall be given.

Judge may require party to enter recognisance

(2) Whenever a Judge shall adjourn proceedings under this rule he or she may, before so adjourning, in his or her discretion require the party requesting the case stated to enter into a recognisance before such Judge with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4, Schedule D, and when completed it shall be lodged with the Clerk. In civil cases or in cases of summary jurisdiction of a civil nature such party may, in lieu of entering into a recognisance, lodge with the Clerk the sum determined by the Judge and the Clerk shall retain the same until the Judge shall finally adjudicate upon the proceedings or shall sooner order in relation to such sum.

Recognisance — where party is in custody

(3) Whenever a Judge shall adjourn proceedings under this rule, he or she may allow to go at large any person who is in custody in or in connection with the proceedings, or may commit such person to prison by warrant, or may in his or her discretion discharge such person on entering into a recognisance with or without a surety or sureties and in such sum or sums as the Judge shall determine. Such recognisance shall be in the Form 102.4, Schedule D and, when completed, it shall be lodged with the Clerk.

Preparation of case stated

12. Where a Judge grants an application pursuant to section 2 of the Act of 1857 or a request pursuant to section 52 of the Act of 1961, or decides pursuant to the said section 52 to refer, without request, a question of law to the High Court for determination, such Judge shall prepare and sign the case stated within six months from the date of the application, request or decision, and shall adjourn the proceedings from time to time pending the preparation and signature of the case stated, as he deems appropriate. To secure agreement between the parties as to the facts the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.

[SI 398/06]

Applicant to receive the case from the Clerk

213. When the case has been stated and signed, the appellant or the party requesting the case stated shall forthwith receive the case stated from the Clerk.

Where case stated without request — Clerk to notify parties and transmit case to High Court

314. Where a Judge refers a question of law arising in proceedings before him or her, without request, to the High Court for determination, and when the case has been stated and signed, the Clerk shall forthwith give notice in writing in the Form 102.5, Schedule D to each party in the proceedings, and shall then transmit the case stated to the Central Office of the High Court.

Refusal to state a case

15. Where a Judge considers that an application or a request for a case stated is frivolous, he or she may refuse to state a case and shall, on the request of the appellant or the party requesting the case stated, sign and cause to be delivered to him or her a certificate of refusal in the Form 102.6, Schedule D and cause a copy thereof to be served upon every other party to the proceedings. A Judge shall not refuse to state a case where application or request for a case stated is made by or under the direction of the Attorney General, the Director of Public Prosecutions, a Minister of the Government or a Minister of State, or the Revenue Commissioners.

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1 [Further provisions relating to cases stated for the Supreme Court under the Act are contained in Order 110 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).]

2 Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).

3 Further provisions relating to cases stated for the High Court are contained in Order 62 of the Rules of the Superior Courts 1986 (SI No 15 of 1986).

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