Superior Court Rules

ORDER 41

MOTION FOR JUDGMENT AND ENTRY OF JUDGMENT

1. Except where by the Acts or by these Rules it is provided that judgment may be obtained in any other manner, the judgment of the court shall be obtained by motion for judgment.

2. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, the plaintiff, including the plaintiff in a counterclaim, may set down a motion for judgment as soon as such issues or questions have been determined. If he does not set down such a motion, and give notice thereof to the other parties within ten days after his right so to do has arisen, then after the expiration of such 10 days any defendant, including the defendant in a counterclaim, may set down a motion for judgment, and give notice thereof to the other parties.

3. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, and some only of such issues or questions of fact have been tried or determined, any party who considers that the result of such trial or determination renders the trial or determination of the others of them unnecessary, or renders it desirable that the trial or determination thereof should be postponed, may apply to the court for leave to set down a motion for judgment, without waiting for such trial or determination; and the court may, if satisfied of the expediency thereof, give such leave, upon such terms, if any, as shall appear just, and may give any directions which may appear desirable as to postponing the trial of the other issues of fact.

4. No motion for judgment shall, except by leave of the court, be set down after the expiration of one year from the time when the party seeking to set down the same first became entitled so to do.

5. Upon a motion for judgment, the court may draw all inferences of fact, not inconsistent with the finding of the jury, and if satisfied that it has before it all the material necessary for finally determining the questions in dispute, or any of them, or for awarding any relief sought, give judgment accordingly, or may, if it shall be of opinion that it has not sufficient materials before it to enable it to give judgment, direct the motion to stand over for further consideration, and direct such issues or questions to be tried, or determined, and such accounts and inquiries to be taken and made, as it may think fit.

6. (1) Particulars of every judgment or order of the High Court shall be entered in proper books to be kept for that purpose and the judgment or order shall be filed in the Central Office.

(2) Every judgment or order of the Court of Appeal shall be filed in the Office of the Registrar of the Court of Appeal.

(3) Every judgment or order of the Supreme Court shall be filed in the Office of the Registrar of the Supreme Court.

(4) Every judgment or order pronounced or made by the High Court, by the Court of Appeal or by the Supreme Court when so filed shall be deemed for all purposes to be duly entered, and the entry thereof shall be dated as of the day on which the judgment or order was pronounced or made, unless the Court otherwise directs.

[SI 485/14]

7. A duplicate of every judgment or order shall be supplied out of the Central Office without fee to the solicitor or person paying the fee on the said judgment or order; and wherever any rule, or order, or the practice of the court, requires the production or service of the original judgment or order, it shall be sufficient to produce or serve the duplicate.

8. Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered, shall state the time, or the time after service of the judgment or order, within which the act is to be done; and upon the copy of the judgment or order which shall be served upon the person required to obey the same, other than an order directing a mortgagor to deliver possession to a mortgagee, or an order under section 62, sub-section (7) of the Registration of Title Act, 1964, there shall be endorsed a memorandum in the words or to the effect following, viz.—

‘If you the within named A.B. neglect to obey this judgment or order by the time therein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey the same judgment or order.’

9. Every judgment or order, however obtained, for the recovery of land for non-payment of rent shall contain a statement of the amounts payable in respect of rent and costs for redemption.

10. The amounts so to be stated for rent, if not otherwise duly ascertained, and costs respectively, shall be ascertained:

(a) in respect of rent by the affidavit of the plaintiff, his agent, receiver, or clerk, at the time judgment is entered, and

(b) in respect of costs (unless measured by the Court)

by the Legal Costs Adjudicator’s certificate thereof, at any time prior to the issue of an order of possession or to the service of a notice under the Land Law (Ireland) Act 1887, section 7.

[SI 584/19]

11. Where under the Acts or these Rules, or otherwise, it is provided that any judgment may be entered upon the filing of any affidavit or production of any document, the officer shall examine the affidavit or document produced, and if the same be regular and contain all that is by law required, he shall enter judgment accordingly.

12. Where by the Acts or these Rules, or otherwise, any judgment may be entered pursuant to any order or certificate, or return to any order, the production of such order, certificate or return, shall be a sufficient authority to the officer to enter judgment accordingly.

13. Where reference is made to the Master to ascertain the amount for which final judgment is to be entered, the Master’s certificate shall be filed in the proper office when judgment is entered.

14. Notwithstanding the provisions of the Common Law Procedure Amendment Act (Ireland), 1853 (16 & 17 Vic c 113), sections 223 and 224, judgment may in all actions be entered on the consent of any defendant given by his solicitor.

15. In any cause or matter where the defendant has appeared by solicitor, no order for entering judgment shall be made by consent unless the consent of the defendant is given by his solicitor. Where the defendant has not appeared, or has appeared in person, no such order shall be made unless the defendant attends before the court and gives his consent in person, or unless his written consent is attested by a solicitor acting on his behalf.

16. At any time within 10 years from the execution of any warrant of attorney to enter judgment on a bond, judgment may be marked thereon as of course in the Central Office, but after such period no judgment shall be marked on any warrant of attorney, unless by order of the court on motion; and the application for every such order shall be grounded on an affidavit, stating the amount remaining due on foot of such bond and warrant, and the character in which the applicant claims to be entitled, and that the obligor is still alive, and, where necessary, such affidavit shall contain matter sufficient to take the case out of the Statute of Limitations, and in case the payment of money shall be relied on for that purpose, shall state by whom and to whom such payment shall have been made. Provided that in proceedings by a moneylender or the personal representative or an assignee of a moneylender for the recovery of money lent by the moneylender or any interest thereon, or the enforcement of any agreement or security relating to any such money or interest, judgment shall not be marked on any warrant of attorney until after the expiration of 12 months from the date of such warrant of attorney unless by order of the court to be obtained on motion.

17. Where any judgment shall be entered by virtue of a warrant of attorney, the warrant shall, unless the court shall otherwise order, be filed at the time of entering such judgment in the Central Office, and in cases where the warrant is incorporated in the bond, the bond itself shall be filed, and a book shall be kept in such office, in which, unless the court shall otherwise order, shall be entered the names of the parties to every such judgment, and the date at which every such judgment shall have been entered, with proper references to the file.

18. It shall not be necessary to enrol any judgment or order.

19. The forms of judgment in Appendix E shall be used.

20. The provisions of these Rules which relate to the enforcement of a judgment shall apply, with any necessary modifications, to an order to pay issued by the Personal Injuries Assessment Board in accordance with section 38(1) of the Personal Injuries Assessment Board Act, 2003, and any Form in the Appendices to these Rules which contains a reference to a judgment may, where appropriate, be modified to refer to such an order to pay.

[SI 517/04]

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