District Court Rules

PART III

CIVIL PROCEEDINGS

ORDER 39

CIVIL PROCEEDINGS: GENERAL RULES

1—WHERE NO PROCEDURE PROVIDED FOR

1 Where no procedure provided for

1. (1) If the procedure for the conduct of civil proceedings is not prescribed by these Rules or by an enactment, or for any other reason there is doubt about the manner or form of the procedure, the Court may determine what procedure is to be adopted and may give directions.

(2) Subject to Order 12, rule 9(4), where no form for use in the Court in respect of a step, notification or other action in a civil proceeding is for the time being prescribed, any form for the time being in use in the Circuit Court or the High Court for the corresponding step, notification or other action in civil proceedings may be used in civil proceedings in the Court with the necessary modifications.

[SI 17/14]

2 — NON-COMPLIANCE WITH THESE RULES

2 Effect of non-compliance

2. (1) Subject to any provision of an enactment, a failure to comply with these Rules is an irregularity and does not render a civil proceeding or a step taken, or any document or order in the proceeding void.

(2) If there has been a failure to comply with these Rules, the Court may—

(a) set aside the proceeding, either wholly or in part;

(b) set aside any step taken in the proceeding, or any document or order therein;

(c) exercise its powers under these Rules to allow amendments and to make orders dealing with the proceeding generally.

[SI 17/14]

3 — TIME

3 Proceedings after twelve months

3. (1) Where no step by a party requiring the filing of a document with the Clerk or notification to the Court under these Rules has been taken in a civil proceeding for twelve months or more since the last such step, a party intending the proceeding to continue must give to every other party not less than one month’s notice in writing (Form 39.01, Schedule C) of that party’s intention to proceed.

(2) A notice under sub-rule (1) must also be filed with the Clerk.

[SI 17/14]

4 Dormant proceedings

4. (1) Where no step by a party requiring the filing of a document with the Clerk or notification to the Court under these Rules has been taken in a civil proceeding for twelve months or more since the last such step, the Court may cause the civil proceeding to be listed before the Court to explain the failure to proceed.

(2) The Clerk must notify the parties of any listing in accordance with sub-rule (1). The notification may be in Form 39.02, Schedule C.

(3) A party may file a written explanation of the failure to proceed with the Clerk and if the Court is satisfied that there were sufficient reasons for the failure to proceed, may direct that the civil proceeding be removed from the list to explain the failure to proceed and direct that the Clerk notify the parties accordingly.

(4) On the listing of a civil proceeding in accordance with sub-rule (1), the Court may make such orders and give such directions as are in the opinion of the Court likely to ensure the civil proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise the costs of those proceedings.

[SI 17/14]

5 Enlargement or abridgement of time

5. (1) Subject to sub-rules (3) and (4), the Court may, on any terms it considers reasonable, enlarge or abridge any of the times fixed by these Rules, or by a prior order of the Court, for taking any step or doing any act in any civil proceedings.

(2) Subject to sub-rules (3) and (4), the Court may also, on any terms as to costs or otherwise as it considers just, declare any step taken or act done in any civil proceedings to be sufficient, even though not taken or done within the time or in the manner prescribed by these Rules.

(3) Sub-rules (1) and (2) do not apply:

(a) to any period of time fixed by an Act of the Oireachtas, or

(b) to any period of time fixed by a statute which was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution, or

(c) to any application to which rule 10(2) of Order 40 applies.

(4) Without limiting the generality of sub-rule (3), any application to state a case under section 2 of the Summary Jurisdiction Act, 1857 must be made within the time prescribed by that Act.

(5) Unless otherwise directed or permitted by the Court, an application to enlarge or abridge time must be made by motion on notice to the other party or parties who would be affected by the enlargement or abridgement of time.

[SI 423/19; SI 17/14]

6 Statutory declaration required by section 14(2) or 15(2) of Mediation Act 2017

6. The statutory declaration required by section 14(2) or 15(2) of Mediation Act 2017 may be in the Form 39.03, Schedule C.

[SI 9/18]

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