Superior Court Rules

ORDER 52

MOTIONS AND OTHER APPLICATIONS

1. All interlocutory applications to the court and all applications authorised by these Rules to be made to the court shall be made by motion, save as otherwise provided by these Rules.

2. Save as otherwise provided by these Rules, all such applications other than such as under the existing practice are made ex parte or are authorised by these Rules to be so made, shall be made by motion on notice to the parties concerned, which shall be filed:

(a) in the case of applications to the Supreme Court, in the Office of the Registrar of the Supreme Court,

(b) in the case of applications to the Court of Appeal, in the Office of the Registrar of the Court of Appeal,

(c) in the case of applications relating to wards of court, in the Office of Wards of Court,

(d) in matters of bankruptcy or arrangement or in any other case in which an account or inquiry has been directed to be taken by the Examiner and a notice to proceed has issued in accordance with Order 55, rule 11, the Examiner’s Office, and

(e) in the case of other applications, in the Central Office.

[SI 255/15; SI 485/14]

3. In any case the court, if satisfied that the delay caused by proceeding by motion on notice under this Order 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 the court may think just; and any party affected by such order may move to set it aside.

4. Every notice of motion for attachment, or to strike off the rolls, shall state in general terms the grounds of the application.

5. In every cause or matter where any party thereto makes any application by way of motion on notice he shall be at liberty to include in one and the same application all matters upon which he then desires the order or directions of the court; and upon the hearing of such application it shall be lawful for the court to make any order and give any directions relative to or consequential on the matter of such application as may be just. If upon any subsequent application it shall appear to the court that the same could and ought to have been included in or made upon one motion, such subsequent application shall be granted only at the cost of the party making the same.

6. Unless the court gives special leave to the contrary there must be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion; provided that, where the notice of motion requires to be served personally out of court, it shall be served not less than four clear days before the hearing of the application.

7. All notices of motion shall contain the name and registered place of business of the solicitor for the party serving the same, and also the name and registered place of business of the solicitor to be served, and shall be dated of the day on which the same shall be served and every notice of motion served on or by parties suing or appearing in person, shall state their names and places of residence, or addresses for service, in like manner as is prescribed by Order 4, rule 15.

7A. In the case of applications to which section 12(2) of the Personal Injuries Assessment Board Act, 2003 applies (in this sub-rule hereinafter referred to as ‘the 2003 Act’), 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 affidavit permitted in reply to the application) or as to the service of any order made on such application on any person as seem appropriate.

[SI 517/04]

8. If, on the hearing of a motion or other application the court shall be of opinion that any person to whom notice has not been given ought to have or to have had such notice, the court may either dismiss the motion or application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the court may think fit to impose.

9. The hearing of any motion or application may from time to time be adjourned upon such terms (if any) as the court shall think fit.

10. The plaintiff shall, without any special leave, be at liberty to serve any notice of motion or other notice upon any defendant, who, having been duly served with an originating summons, has not appeared within the time limited for that purpose.

11. The plaintiff may, by leave of the court to be obtained ex parte, serve any notice of motion upon any defendant along with the originating summons, or at any time after service of the originating summons and before the time limited for the appearance of such defendant.

12. Where any of the parties to a motion on notice fails to attend, the court may proceed in the absence of such party. Where the court has so proceeded, such proceeding shall not in any manner be reheard unless the court shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence; and in such case the costs occasioned by his non-attendance shall be in the discretion of the court, which may fix the same at the time, and direct them to be paid by the party or his solicitor before he shall be permitted to have such proceeding reheard, or make such other order as to such costs as it may think just.

13. Every conditional order shall be served within 10 days from the day on which the same is pronounced unless further time shall be allowed by the court, and in default of service thereof within such 10 days or further time such conditional order shall stand discharged.

14. In the case of an application under any statute directing the purchase money of any property sold to be paid into court, any persons claiming to be entitled to the money so paid in must make an affidavit not only verifying their title, but also stating that they are not aware of any right in any other person, or of any claim made by any other person, to the sum claimed, or to any part thereof, or, if the claimants are aware of any such right or claim, they must in such affidavit state or refer to and except the same.

15. Any affidavits to be used in support of any motion on notice in any proceeding not assigned to a Judge under Order 5, rule 4, shall be mentioned in the notice of motion and copies thereof shall be served therewith. In any proceeding which has been so assigned, it shall not be necessary, except in the cases mentioned in rule 4, to deliver or serve a copy of any affidavit on which the motion is grounded.

16. Upon the hearing of any application in any proceeding not assigned as aforesaid, an affidavit shall not be used without the special leave of the court, unless the same shall be produced at the hearing or shall have been filed, or, if the application shall be on notice, unless the affidavit shall have been filed and a copy thereof delivered to the opposite party or parties before the hearing of the application. Upon the hearing of any application in any proceeding which has been so assigned, an affidavit shall not be used without the special leave of the court unless the same shall be produced at the hearing or shall have been filed, or, if the application shall be on notice, unless the affidavit shall have been filed and notice of intention to use the same shall have been given to the opposite party or parties before the hearing of the application. Every affidavit shall be considered as filed only on the day of such copy being delivered or notice given.

17. In the case of any of the following applications, one counsel only shall be allowed unless the court shall otherwise order—

(1) Applications for a statement of the names of the persons who were co-partners in any firm under Order 14, rule 1.

(2) Applications under Order 17, rule 8 to compel a person to proceed.

(3) Applications to extend the time for doing any act or taking any step in an action.

(4) Applications for an order requiring a party to answer under Order 31, rule 11.

(5) Applications for discovery of documents under Order 31, rule 12.

(6) Applications for the appointment of guardians ad litem of infants or persons of unsound mind.

(7) Applications for the appointment of a guardian for the purpose of concurring in a special case.

(8) Applications in probate and admiralty actions under Order 36, rule 4.

(9) Applications in reference to sequestrators.

(10) Applications under the Debtors Act (Ireland), 1872, section 6.

(11) Applications in reference to receivers subsequent to the order for their appointment.

(12) Applications in reference to security for costs.

(13) Applications for payment or transfer to any person of any cash, stock or securities standing to the credit of any cause or matter where there has been a judgment or order declaring the rights or where the title depends only on proof of the identity, or the birth, marriage, or death, of any person.

(14) Applications for the payment of dividends or interest on any stock or securities standing to the separate credit of any person or persons.

(15) Applications for liberty to invest or to change investments of money under the control of the court.

(16) Applications for or relating to a sale by auction or private contract, and as to the conduct of the sale, and for payment into court and investment of the purchase money.

18. Nothing in rule 17 shall preclude the court from allowing, in an application to which rule 17 applies, both a registered lawyer (within the meaning of Regulation 2 of the European Communities (Lawyers’ Establishment) Regulations, 2003, as amended) and counsel (not being such registered lawyer) where, by reason of Reg 10(2) of the said Regulations (as amended) such registered lawyer is required to act in conjunction with a practising barrister.

[SI 15/05]

Subscribe to our newsletter

Please enable the javascript to submit this form

Contact

Lonsdale Law Publishing

Lonsdale House

Avoca Avenue

Blackrock

Co. Dublin

 

Office Open: Monday – Friday | 9 a.m. – 5.30 p.m. (Irish time) | Tel: +353 (0)1 278 5090 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.