Superior Court Rules

ORDER 34

SPECIAL CASE

1. The parties to any cause or matter may concur in stating the questions of law arising therein in the form of a special case for the opinion of the court. Every such special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the court to decide the questions raised thereby. Upon the argument of such case the court and the parties shall be at liberty to refer to the whole contents of such documents, and the court shall be at liberty to draw from the facts and documents stated in any such special case any inference, whether of fact or law, which might have been drawn therefrom if proved at a trial.

2. If it appear to the court that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to an arbitrator, the court may make an order accordingly, and may direct such question of law to be raised for the opinion of the court, either by special case or in such other manner as the court may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

3. Every special case shall be printed by the plaintiff and signed by the several parties or their counsel or solicitor, and shall be filed by the plaintiff. Printed copies for the use of the court shall be delivered by the plaintiff.

4. No special case in any cause or matter to which an infant, or person of unsound mind not so found by inquisition, is a party, shall be set down for argument without leave of the court, the application for which must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such infant, or person of unsound mind, are true.

5. Either party may enter a special case for argument by delivering to the proper officer a memorandum of entry, in the Form No 26 in Appendix C, and also if any infant, or person of unsound mind, not so found by inquisition be a party to the cause or matter, producing a copy of the order giving leave to enter the same for argument.

6. The parties to a special case may, if they think fit, enter into an agreement in writing, that, on the judgment of the court being given in the affirmative or negative of the questions of law raised by the special case, a sum of money, fixed by the parties, or to be ascertained by the court, or in such manner as the court may direct, shall be paid by one of the parties to the other of them, either with or without costs of the cause or matter; and the judgment of the court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal.

7. This Order shall apply to every special case stated in a cause or matter, or in any proceeding incidental thereto, and to any special case stated for the opinion of the court in pursuance of any statute relating to the Revenue so far as the same is not inconsistent with the provisions of such statute.

8. Any special case may hereafter be stated for the same purposes as provided by the Chancery (Ireland) Act, 1867 (30 & 31 Vic c 44) and the provisions of the said Act shall apply to such case, save in so far as the same may be inconsistent with this Order.

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