COURTS OF JUSTICE ACT, 1936, PART IV.

HIGH COURT AND SUPREME COURT RULES

HIGH COURT AND SUPREME COURT RULES

WE, the Superior Courts Rules Committee constituted pursuant to the provisions of Section 67 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by Section 36 of the Court of Justice Act, 1924, and Section 68 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this eleventh day of October, 1937.

I CONCUR in the making of the annexed Rules of Court.

Dated this tenth day of November, 1937.

(Signed) PATRICK RUTTLEDGE,

Aire Dli agus Cirt.

COURTS OF JUSTICE ACT, 1936 , PART IV.

RULES OF HIGH COURT AND SUPREME COURT.

ORDER I. GENERAL.

1. In these Rules :

" The Act " means the Courts of Justice Act, 1936 (No. 48 of 1936) ;

" The Court " means the High Court sitting in Dublin or the High Court on Circuit ;

" County Registrar " includes any deputy County Registrar and any person appointed to act as such Registrar or deputy and also, where the context permits, any person appointed to act as Registrar to the High Court on Circuit.

2. These Rules shall come into operation on the day fixed for the coming into operation of Part IV of the Act.

3. These Rules shall be read with the Rules of High Court and Supreme Court, 1926, and be deemed to be incorporated therewith but shall, so far as inconsistent therewith, amend or alter the said Rules accordingly.

4. Service of a notice of appeal or other notice or document required or authorised to be served by these Rules may be effected in the manner provided by Order LIX, Rules 32, 33, 34 and 35, of the Rules of the Supreme Court (Ireland), 1905, which shall accordingly apply with such modifications as may be necessary.

5. Where, under these Rules, any document is required or authorised to be lodged with the County Registrar, or any notice is required or authorised to be given to the County Registrar, the same may be lodged or given by leaving the document or notice with the County Registrar or by forwarding the same by pre-paid registered post to the County Registrar and, in such latter case, the date of lodgment or receipt shall be the day of the act ual receipt of the document or notice by the County Registrar.

ORDER II. APPEALS UNDER PART IV. OF THE ACT.

1. From and after the coming into operation of these Rules this Order shall be substituted for Order XXIV of the Rules of High Court and Supreme Court, 1926, and the latter Order shall, save as to pending appeals not heard and determined under and in accordance with Part IV of the Act, cease to be in force.

2. Every appeal under Part IV of the Act shall be by notice of appeal which shall be served on every party directly affected by the appeal within ten days from the date on which the judgment or order appealed from was pronounced in open Court. The notice shall state whether the whole or part only of such judgment or order is appealed from and in the latter case shall specify such part. The notice shall, in the case of appeals to the High Court sitting in Dublin, be for the first opportunity after the expiration of ten days from the date of service, and, in the case of appeals to the High Court on Circuit, be for the next sitting of the High Court on Circuit after the expiration of the said ten days. Such notice of appeal shall be either in Form A or Form B (as the case may be) of the Forms set out in the First Schedule to these Rules or such modification thereof as may be necessary.

3. The appellant shall, within the said period of ten days from the date on which the judgment or order appealed from was pronounced, lodge two copies of the notice of appeal, endorsed with the date of service, together with an affidavit of service, with the County Registrar of the County in which the case was heard, and shall, before the day named for the hearing of the appeal, lodge a certified copy of the judgment or order appealed from with the said County Registrar, together with, in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, a copy of all documents and exhibits received in evidence or used upon the said hearing or determination.

4. The County Registrar shall endorse on the two copies of the notice of appeal the date of lodgment thereof and shall, within four days of the said date, transmit to the Central Office one of the said copies. The County Registrar shall also, in the case of appeals to the High Court sitting in Dublin, transmit to the Central Office, as soon as may be after he has received the same, a certified copy of the judgment or order appealed from, and also, in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, the copy documents and exhibits and the affidavits (if any) lodged with him.

5. It shall not in any circumstances be necessary for a party served with notice of appeal to lodge or serve a notice by way of cross appeal, but, if such party intends upon the hearing of the appeal to apply that the judgment or order appealed from shall be varied, he shall, within four days from such service upon him, give notice of such intention to any party who may be directly affected by such application.

6. An appeal shall not operate as a stay of proceedings upon the judgment or order appealed from unless the Circuit Judge, or, upon appeal, the High Court sitting in Dublin shall so order, and then only upon such terms (if any) as the Circuit Judge or the High Court sitting in Dublin (as the case may be) may fix. Such appeal shall be by notice of motion served on all parties affected by the application and lodged with the County Registrar within four days of the application to the Circuit Judge. The County Registrar shall within two days of lodgment thereof transmit the said notice of motion to the Central Office.

7. In the case of any appeal, if the appellant shall, before the day for hearing of the appeal, give notice in writing to every party served with notice of appeal and to the County Registrar that he does not intend to prosecute the appeal, there shall only be payable by the appellant the costs properly and necessarily incurred prior to the date of service of such notice in writing.

8. Where any party desires to submit fresh evidence upon the hearing of an appeal in any action or matter at the hearing or for the determination of which no oral evidence was given, he shall serve and lodge an affidavit setting out the nature of the evidence and the reasons why it was not submitted to the Circuit Court. Any party on whom such affidavit has been served shall be entitled to serve and lodge an answering affidavit or to apply to the Court on the hearing of the appeal for leave to submit such evidence, oral or otherwise, as may be necessary for the purpose of answering such fresh evidence, provided, however, that the Court may at any time admit fresh evidence, oral or otherwise, on such terms as the Court shall think fit, and may order the attendance for cross-examination of the deponent in any affidavit used in the Circuit Court or the High Court.

9. The notice of appeal from the refusal of an ex-parte application shall be a two days' notice, and it shall not be necessary to serve any person.

10. Every judgment or order of the High Court on Circuit shall be drawn up and signed by the County Registrar, and every judgment or order of the High Court sitting in Dublin shall be drawn up and signed by the Registrar of such Court, who shall transmit a copy thereof to the County Registrar of the appropriate County. Every judgment or order of the Court shall state whether it is made with or without costs and the sum (if any) payable for costs, including witnesses' expenses, shall be inserted therein, except in such cases as the Court may refer such costs for taxation.

11. The costs of appeals, when referred for taxation, shall be taxed, in the case of an appeal to the High Court sitting in Dublin, by one of the Taxing Masters of the High Court, and, in the case of any other appeal, by the County Registrar of the appropriate County (who shall for this purpose have all the powers of a Taxing Master of the High Court). Such costs shall, subject to any special direction by the Court, be taxed, in the case of an appeal in any action or matter at the hearing or for the determination of which no oral evidence was given, on the scale hitherto applied to appeals from the Circuit Court, and, in all other cases, on the scale applicable to an action or matter commenced or heard in the Circuit Court, with the addition, in such latter cases, of the items set out in the Second Schedule to these Rules. Any application for the review of a taxation effected under this Rule shall be by notice of motion to the High Court sitting in Dublin served on all parties affected by the application and lodged in the Central Office within ten days from the date of the certificate of taxation. The notice of motion shall specify the items or parts thereof objected to and the grounds and reasons for such objection, and a copy thereof shall be transmitted forthwith by the Central Office to the Taxing Master or the County Registrar (as the case may be) for his report or observations thereon.

ORDER III. CASE STATED BY THE HIGH COURT ON CIRCUIT.

1. The County Registrar shall, as soon as a case stated by the High Court on Circuit shall have been signed and lodged with him, endorse thereon the date of lodgment, the name of the party or parties who applied for the case to be stated and the name of the party who is to have carriage thereof. The County Registrar, within seven days of such lodgment, shall serve notice of such signing and lodgment by registered post on every party who appeared upon the hearing of the appeal and shall transmit the original of such case stated to the Registrar of the Supreme Court, who shall set down the same for hearing.

2. After service of such notice of signing and lodgment any interested party shall be entitled to obtain, on application to the County Registrar, one or more copies of the case stated upon payment of the prescribed fee.

3. The party having carriage of the case stated shall, within 21 days after the service of such notice of signing and lodgment, lodge with the Registrar of the Supreme Court five copies of the case stated and of the documents (if any) referred to therein.

First Schedule.

FORM A.

NOTICE OF APPEAL TO HIGH COURT SITTING IN DUBLIN.

SAORSTAT EIREANN.

HIGH COURT OF JUSTICE.

TAKE NOTICE that the defendant C. D. (or plaintiff A. B., or other person appealing) hereby appeals to the High Court sitting in Dublin at the first opportunity after the expiration of ten days from the date of service hereof from the whole of the judgment of the Circuit Court Judge given herein the  day of  19  (or from so much of the judgment of the Circuit Court Judge given herein the

day of   19    as (set out the portion complained of ) ).

Dated this day of 19 .

To/County Registrar,

County of

To/

FORM B.

NOTICE OF APPEAL TO HIGH COURT ON CIRCUIT.

SAORSTAT ÉIREANN.

HIGH COURT OF JUSTICE.

TAKE NOTICE that the defendant C. D. (or plaintiff A. B., or other person appealing) hereby appeals to the High Court on Circuit sitting at     at the next sitting thereof after the expiration of ten days from the date of service hereof from the whole of the judgment of the Circuit Court Judge given herein the   day of  19  (or from so much of the judgment of the Circuit Court Judge given herein the  day of  19 as (set out the portion complained of ) ).

Dated this   day of  19 .

To/County Registrar,

County of

To/

Second Schedule.

FEES EXCLUSIVE OF NECESSARY OUTLAY.