Circuit Court Rules (Section 40 Civil Liability and Courts Act 2004) 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules, which may be cited as the Circuit Court Rules (Civil Liability and Courts Act, 2004) 2005, shall come into operation on the 20th day of September, 2005.
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paragraphs: The following rule shall be inserted in Order 59 of the Circuit Court Rules, 2001, as amended, immediately following rule 5 of that Order, and shall be construed together with those Rules.
ORDER 59 Rule 6 — Section 40 Civil Liability and Courts Act, 2004 (CIVIL LIABILITY AND COURTS ACT 2004 (No. 31 of 2004)
Admission to proceedings for the purposes of section 40 of the Civil Liability and Courts Act, 2004.
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paragraphs: A person (hereinafter referred to as “the recorder”) referred to in section 40(3)(a) of the Civil Liability and Courts Act, 2004 intending to attend any proceedings to which a relevant enactment (as defined in section 40(2) of the said Act) relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) shall prior to or at the commencement of the hearing of the proceedings, identify himself or herself to the Court and apply for such direction as the Court may give under section 40(3) of the said Act.
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paragraphs: On any such application, the Court
(a) if satisfied that the recorder is a person referred to in section 40(3)(a) of the said Act and that the recorder intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and
(b) having heard any submission made by or on behalf of any party to the proceedings, may allow the recorder to attend the proceedings subject to such directions as the Court may give in that regard.
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paragraphs: Where a party, being the applicant or the respondent or other party in the proceedings, wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (hereinafter referred to as “the accompanying person”) in accordance with section 40(5) of the said Act, the party to the proceedings shall complete Form 37K and
(a) where the other party or parties to the proceedings have agreed to the accompanying person, the party making such application shall lodge Form 37K, duly completed, with the County Registrar prior to or at the commencement of the hearing in the proceedings and shall apply to the Court at that hearing to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the said Act.
(b) Save in ex parte applications, where the other party or parties have not agreed to the accompanying of the party by the accompanying person, the party seeking to be so accompanied shall, by motion (to which Form 37K, duly completed, shall be appended) on notice to the other party or parties returnable not later than fourteen days prior to the date fixed for the hearing of such proceedings, unless the Court otherwise directs, apply to the Court to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the said Act.
(c) In ex parte applications, subject to the filing of Form 37K in accordance with sub-rule (a above, the approval of any accompanying person shall be at the discretion of the Court.
On any such application, the Court may approve the accompaniment of the party concerned by the accompanying person, subject to such directions as the Court may give, or may refuse such approval.
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paragraphs: The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under sub-rule (2) or sub-rule (3) during the course of any proceedings.
Disclosure of documents, information or evidence for the purposes of section 40 of the Civil Liability and Courts Act, 2004
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paragraphs: An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the Civil Liability and Courts Act 2004 ) for the purposes set out in section 40(8) of the said Act shall be made by motion to the Court on notice to the other party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.
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paragraphs: The Schedule of Forms annexed to the Circuit Court Rules 2001, as amended, is amended by the insertion in that Schedule, immediately following Form 37J, of the Form set out in the Schedule hereto.