Circuit Court Rules (No. 2), 1990.
Statutory Instruments
Source: Statutory Instruments

num: 3
paragraphs: During the months of August and September a Judge of the Circuit Court shall sit in Dublin, on such dates as may be announced, to hear all such applications and cases for the Dublin Circuit as may require to be promptly heard. Further, the President of the Circuit Court may, in accordance with the powers conferred on him by Section 10 of the Courts of Justice Act, 1947 , fix sittings to be held in any Circuit during the month of August or September where such additional sittings are, in the view of the President of the Circuit Court, necessary or desirable.".
RULE 2
ORDER 2
The following Sub-Paragraphs shall be added after Sub-Paragraph (g) in Order 2:
Venue under 1968 Convention
"( h ) In cases brought pursuant to Article 2, 8.1, 11 or 14 of the 1968 Convention, jurisdiction of the Circuit Court shall, where, apart from section 14 (1) of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 , that jurisdiction would be determined by reference to the place where the defendants or one of the defendants resides or carries on business, be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation;
( i ) The jurisdiction of the Circuit Court as respects proceedings that may be instituted in the State by virtue of Article 8.2 or Article 14 of the 1968 Convention by a plaintiff domiciled in the State may be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the plaintiff or one of the plaintiffs ordinarily resides or carries on any profession, business or occupation;
( j ) Where jurisdiction depends on the domicile of a corporation or association, that jurisdiction shall be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit where the corporation or association has its registered office or other official address or where the central management and control of the corporation is exercised or where the corporation or association carries on business.".
RULE 3
ORDER 5
The following Rule shall be added after Rule 10 of Order 5:
1968 Convention
"11. Where proceedings are commenced in the Circuit Court on the basis of jurisdiction derived from the 1968 Convention the Civil Bill or other originating document shall before issue be indorsed with:
( a ) a statement that the Court has power under the 1988 Act to hear and determine the claim, and specifying the particular provision or provisions of the 1968 Convention under which the Court should assume jurisdiction; and
( b ) a statement that no proceedings between the parties concerning the same cause of action is pending between the parties in another Contracting State; and
( c ) the facts which are relied upon to show jurisdiction and venue.".
RULE 4
ORDER 10
Rules 1, 2, 3 and 11 of Order 10 shall be deleted and the following Rules shall be substituted therefor:
Civil Bill to be stamped
"1. Every Civil Bill or other originating document shall, before issue for service, be stamped and indorsed with the date and amount paid therefor as prescribed by law and, unless so stamped, and indorsed, shall have no effect or force.
Issue
num: 2
paragraphs: A Civil Bill or other originating document shall be deemed to be issued when, having been duly stamped and indorsed as required by law, either:
( a ) it is handed or posted to a Summons Server or other authorised person for service on a defendant or defendants; or
( b ) it is handed or posted to a solicitor who undertakes or has undertaken in writing to accept service thereof on behalf of a defendant, or
( c ) the envelope containing a copy thereof is posted in accordance with the provisions of section 7 of the Courts Act, 1964 ; or
( d ) the appropriate Court Order referred to in Rule 9 or Rule 19 of this Order is made; or
( e ) it is sent for service or posted under the provisions of Order 11A, Rule 3.
To be served by Summons Server
num: 3
paragraphs: Save as provided by Rules 8, 9 and 17 of this Order, a copy of the Civil Bill or other originating document shall be served by one of the officers duly appointed as Summons Servers by the County Registrar. A Summons Server or other authorised person shall not accept service of any document purporting to be a copy of the Civil Bill or other originating document unless the original of such Civil Bill duly stamped and indorsed as prescribed by Rule 1 be at the same time handed to him to be shown at the time of service to the defendant or other person to be served.
Fixed service fee
The fee payable to such Summons Server or other authorised person shall be the sum of £4.25 in respect of each separate service effected, but, when the Civil Bill is served upon two or more defendants residing in the same household, only one service fee shall be payable.
Service by registered post
Wherever and for so long as no Summons Server in each case stands assigned to any area by the County Registrar of the County in which such area is situate, then service may be effected in the manner prescribed by section 7 of the Courts Act, 1964 .
Service deemed good
num: 11
paragraphs: In any case, the Judge or the County Registrar may declare the service actually effected sufficient.".
RULE 5
ORDER 11 and 11A
Rules 1, 2 and 4 of Order 11 shall be amended by the insertion after the word "Court" of the words "or the County Registrar", and the following Order 11A shall be added after Order 11:
"ORDER 11A
SERVICE OUT OF THE JURISDICTION UNDER THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988 .
num: 1
paragraphs: Notwithstanding the Rules of Order 11, service of a Civil Bill or originating document or notice thereof out of the jurisdiction is permissible without the leave of the Court, if, but only if, it complies with the following conditions:
(i) The claim made by the Civil Bill or other originating document is one which by virtue of the 1988 Act the Court has power to hear and determine; and
(ii) No proceedings between the parties concerning the same cause of action is pending between the parties in another Contracting State; and
(iii) either—
( a ) the defendant or other person to be served is domiciled in Ireland or in any other contracting state, or
( b ) the proceedings commenced by the Civil Bill or originating document are proceedings to which the provisions of Article 16 of the 1968 Convention concerning exclusive jurisdiction apply, or
( c ) the defendant or other party to be served is a party to an agreement conferring jurisdiction to which the provisions of Article 17 of the 1968 Convention concerning prorogation of jurisdiction apply.
Non-citizens
num: 2
paragraphs: Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, is to be served on him.
num: 3
paragraphs: (i) Notwithstanding the provisions of Rules 3, 4 and 5 of Order 10 and save as provided in Rules 8, 9 and 11 of Order 10, service under this Order on an individual shall be effected by personal service or by registered or insured post and service on a corporation or association shall be effected in the manner provided by sub-rule (v) below.
(ii) Personal service shall be effected by delivery of a copy of the Civil Bill or originating document or notice thereof on the person to be served.
(iii) Service by registered or insured post shall be effected by delivery to the person to be served of an evelope addressed to such person. At the time of posting an application should be made to the postal authorities for an advice of delivery.
(iv) Where it appears that the person to be served is within the jurisdiction of the State where service is to be effected and that reasonable efforts have been made to effect service in accordance with the foregoing provisions of this Rule, service may be effected by delivery of such copy notice or envelope at the house or residence of the person to be served or at the place where such person carries on any profession, business or occupation, to the wife, husband, child, father, mother, brother, or sister of the person to be served, or to any servant or clerk of the person to be served (the person to whom such copy notice or envelope shall be delivered being of the age of sixteen years or upwards).
(v) Service on a corporation or association shall be effected by leaving a copy of the Civil Bill or originating document at the place of central management or control of or at the registered or other official address of the corporation or association, or by delivery by insured post or registered post of an envelope addressed to the corporation of association to its place of central management or control or its registered office or other official address.
(vi) In addition to the above, service may be effected upon a solicitor within the jurisdiction, in accordance with Order 10 Rule 8. Alternatively, service may be effected upon a defendant or his legal representative in any manner which may have been agreed or consented to in writing by the said defendant or his legal representative.
Time for appearance
num: 4
paragraphs: Where a Civil Bill or originating document or notice thereof is to be served out of the State under Rule 1, the time to be inserted therein within which the person to be served shall enter an Appearance shall be—
(i) 35 days where a Civil Bill or originating document or notice thereof is to be served in the European territory of another Contracting State, or
(ii) 42 days where a Civil Bill or originating document or notice thereof is to be served under Rule 1 in any non-European territory of a Contracting State.
The time for entering an appearance provided in Order 12 Rule 2 shall be modified accordingly.
Appearance to contest jurisdiction
num: 5
paragraphs: (i) Where a person served desires to contest the jurisdiction of the Court to hear and determine the claim under the provisions of the 1968 Convention, he may enter an appearance solely for the purpose of contesting jurisdiction.
Defence where jurisdiction contested
(ii) Any person who desires to contest jurisdiction shall enter a Defence stating that he contests the jurisdiction of the Court under the provisions of the 1968 Convention and shall set out therein the grounds upon which jurisdiction is contested. In such cases the appearance which has been entered shall be deemed for the purposes of Article 18 of the Convention to have been entered solely to contest jurisdiction, notwithstanding any averment in the Defence which may go to the merits of the claim.
Determination of issue
(iii) Where a Defence has been entered in which jurisdiction is contested, any party to the proceedings may apply to the Court on motion on notice grounded upon Affidavit for determination of the question of jurisdiction as a preliminary issue, or the matter may be set down for trial. The Judge may determine the question of jurisdiction on Affidavit, or may direct the trial of an issue, with or without pleadings, as he may see fit, and may give such directions in relation thereto as he may see fit.
Where no Defence
(iv) Any person who desires to contest jurisdiction in proceedings in which there is no provision in the Rules for the entry of a Defence, shall at the soonest opportunity apply to Court on fourteen days notice to the other party or parties for an order declining jurisdiction and the Judge may determine the question of jurisdiction on Affidavit, or may direct the trial of a preliminary issue, with or without pleadings, or may direct that the question of jurisdiction be determined at the hearing of the substantive matter, as he may see fit, and may give such directions in relation thereto as he may see fit.
Time for Defence
num: 6
paragraphs: Where a person served with a Civil Bill or originating document outside the State pursuant to Rule 1 hereof has entered an Appearance, the time within which the Defence should be delivered and entered by him shall be 28 days from the date of entry of his Appearance, or where an application has been brought for an Order declining jurisdiction in accordance with Rule 5 above, the time shall be 28 days from the date of determination of the said application, unless the Court shall otherwise order.".
RULE 6
ORDER 12
Additional Lodgement
The following Rule 9A shall be added to Order 12 after Rule 9:
"9A. A defendant may once, without leave, and upon notice to the plaintiff, lodge in Court an additional sum of money as an increase to a lodgment made under Rule 9 above. In the Dublin Circuit such notice must be given and additional lodgment made at least eight weeks before the date for hearing mentioned in the Notice of Trial. Outside Dublin, such notice must be given and additional lodgment made at least eight weeks before the date upon which the case is first listed for hearing. If such notice is not given, and such additional lodgment is not made as aforesaid, the lodgment made under Rule 9 shall be deemed to be the only lodgment in Court, and this Order shall be construed accordingly.".
RULE 7
Payment out after acceptance
Rule 12 of Order 12 shall be deleted and the following Rule shall be substituted therefor:
"12. Where the plaintiff, not being under any legal disability, wishes to accept the amount lodged, payment thereof may be made to the Plaintiff without the necessity for any Decree or Order by the Court, upon the lodgment with the County Registrar of a notice of acceptance of such amount in full satisfaction of the claim in respect of which the lodgment is made, signed by the plaintiff or his solicitor. In addition the plaintiff shall lodge a copy of the notice required in Rule 11, or, when no notice was served within the time specified in Rule 11, a letter from the defendant's solicitor, (or where he has no solicitor, from the defendant) consenting to the late acceptance of the amount lodged.".
RULE 8
ORDER 16
Rule 1 shall be amended by the insertion after Paragraph (iv) of the following additional paragraphs:
"(v) to deem good the service of a Civil Bill or other originating document under Order 10 Rule 11;
(vi) to allow service of a Civil Bill or other originating document out of the jurisdiction, pursuant to Order 11;
(vii) for the payment out of Court on his attaining his majority of money lodged to the credit of a minor.
(viii) for the correction of clerical errors and errors in the names of parties in any proceedings, whether on consent or not, but subject to reservice when not on consent.".
RULE 9
The following Rule shall be added after Rule 7 of Order 23:
"8. No judgment may be entered under this Order against any party who has been served with a Civil Bill or originating document outside the State under Order 11A.".
RULE 10
ORDER 24
Rule 1 of Order 24 shall be deleted and the following Rule shall be substituted therefor:
Motion for Judgement
"1. (i) In any case in which the plaintiff is not entitled under the provisions of the preceding Order to apply for Judgement, and a defendant has made default in entering an appearance or filing a defence, as the case may be, the plaintiff may, subject to the provisions of the following Sub-Rules of this Rule, at any time after such default, on notice to be served upon such defendant, not less than four clear days before the hearing, apply to the Court for judgment.
Unliquidated claims
(ii) Except as provided in Sub-Rule (v) hereof, no notice of motion for Judgement in default of a defence in actions claiming unliquidated damages in tort or contract may be served unless the plaintiff has at least fourteen days prior to the service of such notice written to the defendant giving him notice of his intention to serve a notice of motion for Judgment and at the same time consenting to the late delivery of a defence within fourteen days from the date of the letter.
(iii) If no defence is delivered within the said period the plaintiff shall be at liberty to serve a notice of motion for Judgement in default of defence which shall be returnable to a date not less than fourteen clear days from the date of the service of the notice, such notice of motion to be filed not later than six days before the return date.
(iv) If, not later than seven days after the service of such notice of motion for Judgement, the defendant delivers a defence to the plaintiff and not less than six days before the return date lodges a copy thereof in the Office of the County Registrar with a certified copy or the said notice of motion attached thereto, the said motion for Judgement shall not be put in the Judge's List but shall stand struck out and the defendant shall pay to the plaintiff the sum of £75 for his costs of the said motion for Judgment.
(v) If in any case the plaintiff can establish special reasons for making it necessary to serve a notice of motion for Judgement in default of defence in the cases provided for by this Rule with greater urgency than in accordance with the provisions hereinbefore contained, he may apply ex parte to the Court for an Order giving him liberty to serve a notice of motion for Judgement in default of Defence giving not less than four clear days' notice to the defendant, or in the alternative the Judge may deem good the service of a notice of motion giving not less than four clear days' notice to the Defendant.".
RULE 11
The following Rule shall be added after Rule 3 of Order 24.
Default of Appearance or Defence in Proceedings under 1968 Convention
"4 ( a ) Where an application is brought under this Order for Judgement in default of Appearance or Defence against a party who has been served with a Civil Bill or originating document outside the State under the provisions of Order 11A, such application shall be supported by an affidavit stating that in the deponent's belief:
(i) each claim made is one which by virtue of the 1988 Act the Court has power to hear and determine;
(ii) The Courts of no other state have exclusive jurisdiction within the meaning of the 1968 Convention to hear and determine such claim;
(iii) The defendant or respondent has been served with or has otherwise been able to receive a Civil Bill or originating document or notice thereof in sufficient time to enable him to arrange his defence, or that all necessary steps have been taken to that end, as required by Article 20 of the 1968 Convention.
( b ) Notice of the said application, together with a copy of the affidavit grounding the same, shall be served on the Defendant not less than 10 days before the hearing of the same.".
RULE 12
ORDER 58
Rules 9 and 10 of Order 58 shall be deleted and the following Rules shall be substituted therefor:
Furnishing of costs and tendering discharge
"9. Where costs or expenses are awarded, the party to whom such costs or expenses have been awarded shall deliver a bill of costs or expenses, and give at least seven days' notice of taxation for a day and hour to be fixed (generally or specially) by the County Registrar, and such party may include in such bill all such payments as have been necessarily and properly made by him and all such reasonable charges and expenses as appear to have been properly incurred (in procuring evidence) provided that the party to whom such bill has been furnished may tender a sum of money in discharge of such bill, and if such tender is refused and the amount of such bill when taxed shall not exceed the sum tendered, the costs of taxation shall be borne by the party claiming on foot of such bill.
Vouching of disbursements
num: 10
paragraphs: In any taxation of costs, wherever items appear for disbursements, the same shall be properly vouched before the County Registrar, save that this Rule shall not be construed so as to prevent the taxation of items in respect of costs and charges which have been incurred but which remain unpaid.".
RULE 13
ORDER 62
( Landlord and Tenant (Ground Rents) Act, 1967 )
Order 62, added by the Circuit Court Rules (No. 1) 1970 (S.I. 149 of 1970) shall be amended by the deletion of Rule 8 and the substitution therefor of the following Rule:
Time for service.
"8. In every action the Notice of Motion shall be served in accordance with the provisions of Order 10 of the Circuit Court Rules, 1950, as amended from time to time. The Notice of Motion in an action by way of appeal to the Circuit Court under S.22 (1) of the Act shall be served within 6 weeks after the date of the award, order or decision of the County Registrar.".
RULE 14
The following Order shall be added to the Orders contained in the Circuit Court Rules 1950, as amended:
"ORDER 76
PROVISION OF DOCUMENTATION PURSUANT TO SECTION 12 of THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988 .
Authenticated Order
num: 1
paragraphs: In the case of a judgment or order of the Circuit Court sought to be enforced in another Contracting State, the County Registrar shall, at the request of an interested party, give such party a copy of the order or decree and written judgment (if any) of the Court, duly authenticated by the Seal of the Court impressed thereon and the signature of the County Registrar.
Certificate Signed by County Registrar
num: 2
paragraphs: An application for a certificate pursuant to Section 12 (b) of the 1988 Act shall be made on Affidavit to the County Registrar, which Affidavit shall:
( a ) be entitled with the title of the proceedings in respect of which enforcement is sought and bear the record number of such proceedings,
( b ) state the nature of the proceedings,
( c ) state the particular provision or provisions of the 1968 Convention by which the Court assumed jurisdiction,
( d ) state the date on which the time for the lodging of an appeal against the judgment will expire or, if it has expired, the date on which it expired,
( e ) state whether notice of appeal against or notice of an application to extend the time for the bringing of an appeal against, or in any case where the defendant does not appear, a notice to set aside, the judgment has been entered,
( f ) where the judgment is for the payment of a sum of money, state the rate of interest, if any, payable on the sum and the date from which interest is payable,
( g ) include annexed thereto a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.
num: 3
paragraphs: The certificate provided pursuant to section 12 (b) of the 1988 Act shall be in accordance with Form No. 1 in the Schedule to these Rules and shall be signed by the County Registrar and shall be authenticated by the seal of the Court and have annexed to it a certified true copy of the Civil Bill or other originating document by which the proceedings were commenced.
num: 4
paragraphs: In the case of a judgment in default of appearance, the affidavit grounding an application under Rule 2 above shall, in addition, for the purpose of applying for a document certified under Section 12 (c) of the 1988 Act, exhibit a certified true copy of the affidavit or document, with any exhibit thereto, which establishes that notice of the institution of proceedings was served on the person in default and the County Registrar shall certify that the said document is a true copy of the document relied upon by the Court on giving Judgment.".
RULE 15
The following Order shall be added to the Orders contained in the Circuit Court Rules, 1950, as amended:
"ORDER 77
Cases Stated
Definition
num: 1
paragraphs: In Rule 1 to 5, "Case Stated" means a case stated, or when the context so requires, proposed to be stated, pursuant to section 16 of the Courts of Justice Act, 1947 .
Preparation
num: 2
paragraphs: It shall be the duty of the party appointed to have carriage of a Case Stated, or in the absence of such appointment, of the party who requests that a case be stated, without delay to prepare and submit to any other party to the case, a draft of the case for the agreement of every such other party.
Directions
num: 3
paragraphs: The Judge may give such directions in relation to the preparation of the Case Stated as may be appropriate, and the cause or matter shall stand adjourned before the Judge for such limited period as the Judge may allow for the preparation and agreement of the case. It shall be the duty of the party having carriage of the case to submit a draft of the case as agreed, or in default of agreement, as prepared by him to the County Registrar for the Judge not less than ten days before the adjourned date.
Default
num: 4
paragraphs: In the event that no agreement has been reached, or that no draft has been prepared or submitted within the time allowed, the Judge may refuse to state a case or adjourn the matter for a further short period and the decision of the Judge shall be final. In any event the Judge may, if he sees fit himself fix the terms of the case and state and sign the same accordingly. The Judge may make such Order in relation to the costs of the preparation of the case and the appearances before him as he may deem appropriate.
num: 5
paragraphs: As soon as the Case Stated shall have been signed it shall be lodged with the County Registrar for transmission to the Supreme Court.
Revenue case stated
num: 6
paragraphs: This Rule and the subsequent Rules apply to a Revenue case stated, or where the context so requires, proposed to be stated, by the Judge, pursuant to section 428 of the Income Tax Act, 1967 , as applied by section 430 of the same Act.
Notice to the successful party
num: 7
paragraphs: The party who requires the Judge to state a case shall forthwith send to the appellant or the inspector, as the case may be, a copy of the notice required under section 428 (2) of the Income Tax Act, 1967 .
Draft of case stated
num: 8
paragraphs: It shall be the duty of the party who requires such a case to be stated to prepare a draft of the same and within three months from the date of determination of the Judge to send the said draft to the County Registrar for transmission to the Judge, and to send a copy thereof to the appellant or inspector, as the case may be.
Default
num: 9
paragraphs: In the event of failure to comply with the provisions of Rule 8, the successful party, whether the appellant or inspector, shall be at liberty himself to prepare a draft of the case stated and to send the same to the County Registrar for transmission to the Judge, in which event a copy of such draft shall be sent to the party who has requested the statement of the case.
num: 10
paragraphs: In the event that no draft case stated has been sent by either party to the Judge within 6 months of the date of the notice required under S.428 (2) of the Income Tax Act, 1967 , the Judge may himself fix the terms of the case stated and state and sign the same accordingly, and in the alternative, may extend the time for the preparation of a draft of the case and notify the party requesting that a case be stated that unless a draft is submitted within such extended time, he may regard the said request as having been irrevocably withdrawn, and in the event that no draft is submitted within such extended time, the Judge may accordingly treat the said request as having been irrevocably withdrawn, and may refuse to state any case, unless he is satisfied that there are reasonable grounds for the delay, and the decision of the Judge shall be final.".