Superior Court Rules

ORDER 63

THE MASTER OF THE HIGH COURT

1. In addition to any orders which the Master may make under any other of these Rules the Master may make any of the following orders:

(1) Any side-bar order other than those mentioned in Order 30(17) and (18).

(2) Any order which may be made as of course.

(3) An order for the appointment of a guardian ad litem of an infant or person of unsound mind not so found.

(4) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

(5) An order for enlargement of the time for doing any act or taking any step in an action or matter.

(6) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(7) An order for the appointment or the discharge of a receiver in uncontested applications.

(8) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(9) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(10) An order for the taking of evidence on commission.

(11) An order on an application for directions as to service in case of an originating summons not inter partes or as to other procedure in any action or matter.

(12) An order adding or substituting a party in any proceeding.

(13) An order giving liberty to intervene and appear.

(14) An order for the amendment of pleadings on consent.

(15) An order for the correction of clerical errors or errors in the names of parties in any proceeding, whether on consent or not, but subject to re-service when not on consent.

(16) An order to receive a consent and make the same a rule of Court where the parties are sui juris.

(17) An order under the Bankers Books Evidence Acts, 1879 and 1959.

(18) An order for the payment out of court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a Judge) for his benefit during minority.

(19) An order in uncontested cases to have an account taken or inquiry made.

(20) An order for the issue, for service outside the jurisdiction, of a citation to see proceedings in contentious probate matters.

(21) An order for the issue of a citation to lodge in court a grant of probate or letters of administration.

(22) An order giving liberty to file a supplemental affidavit of scripts.

(23) An order for the lodgement of scripts by any party.

(24) An order appointing a receiver in place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(25) A stop order on moneys or securities in court.

(26) An order for the issue of a subpoena under Order 39, rule 30.

(27) An order for the issue of a citation in matrimonial causes or matters.

(28) A seven day order for payment of costs or lodgment of security on a certificate or report from the Legal Costs Adjudicator in matrimonial causes or matters.

[SI 584/19]

(29) An order to vacate a lis pendens on an application under section 123 of the Land and Conveyancing Law Reform Act, 2009.

[SI 149/10]

(30) An order under Order 33, rule 1, on consent, settling the issues to be tried.

(31) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(32) An order giving liberty to renew an order of fieri facias after the lapse of one year, or to issue a new order of fieri facias on loss of the original.

(33) An order for transfer of proceedings to the Circuit Court or to the District Court on consent of the parties, including all ancillary orders for the transfer of monies lodged in court.

(34) An order giving liberty to serve a third party notice on consent of the plaintiff.

2. The Master may in any case, either on consent of all parties concerned or by order of the court, assess any damages to which a party is entitled, or take any account.

3. The Master may, with the consent of all parties concerned, try any issue of fact.

4. The Orders mentioned at (1), (2), (3), (4), (11), (15), (16), (17), (18), (20), (21), (25), (26) and (27) in rule 1 may be made on an application ex parte. All other orders above mentioned may be made on application by motion on notice, save where any other rule otherwise requires. Not less than two clear days’ notice of such motion shall be given.

5. In any cases in which the Master may make an order he may also make any supplementary or ancillary order and may give any necessary directions.

6. In any case in which the Master may make an order the costs of the application shall be in the discretion of the Master, who may direct payment of a sum in gross in lieu of payment of costs to be taxed.

7. The Master may in his discretion transfer any case to the court lists for hearing.

8. The Master shall for the purpose of any proceedings before him have full power to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits, affirmations and acknowledgements, and examine parties and witnesses either upon interrogatories or viva voce. Parties and witnesses summoned to attend before the Master shall be bound to attend and shall be liable to process of contempt in like manner as parties and witnesses are liable thereto in case of disobedience to any order of the court.

9.(1) Subject to sub-rules (2) and (3) and (4) any party aggrieved by an order, including an order as to costs, made by the Master may, within six days from the perfecting of the same, or if made ex parte from notice of the same, or in the case of a refusal from the date of such refusal, apply to the Court to discharge such order or to make the order refused.

(2) The time permitted for making an application referred to in sub-rule (1) in a case to which Order 42A, rule 13 applies shall not be six days but shall instead be as provided in Order 42A, rule 13.

(3) sub-rule (1) shall not apply in the case of a European Enforcement Order certificate issued by the Master in accordance with Order 42B or the issue of, declaration as enforceable of or refusal of, a European order for payment by the Master in accordance with Order 42C.”;

(4) The time permitted for making an application referred to in sub-rule (1) in a case in which the Master has made an order adapting a measure or an order under regulation 7 of the European Union (Civil and Commercial Judgments) Regulations 2015 (SI No 6 of 2015) shall, if the party against whom the order or measure was obtained is domiciled in a Member State of the European Union other than the State be 30 days and shall run from the date of service of a copy of the Master’s order, either on him personally or at his residence.

[SI 10/16; SI 307/13]

10. Any order which may be made by the Master may be made by a Deputy Master.

11. Counsel may be heard in any case before the Master, but the costs of such counsel shall not be allowed unless certified for by the Master.

12. (1) An application for an Order mentioned at (18) in rule 1 may be made on affidavit by either the infant, the next friend of the infant or the solicitor on the infants behalf or by letter in writing by the infant or the next friend of the infant or by a solicitor acting on the infants behalf and upon such application, the Master may, in his discretion, having regard to the amount involved or any other relevant matter, make an Order providing for the payment out of such monies as appears proper.

(2) Upon receipt of any application under rule 1 the Master may make such inquiries or raise such queries as may be appropriate and it shall be within the discretion of the Master, having regard to the amount involved or for any other reason which appears to him sufficient, to require the application to be made ex parte on the affidavit of the infant or next friend of the infant or the infant’s solicitor, as the case may be.

[SI 265/93]

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