Circuit Court Rules (No. 3) 1979.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: In this Order "the Act" means the Local Elections (Petitions and Disqualification) Act, 1974 (No. 8 of 1974). "Local Election" has the meaning assigned to it by Section 1 (1) of the Act.
num: 2
paragraphs: All petitions served or proceedings taken before these rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as petitions served or proceedings taken in accordance with these Rules.
num: 3
paragraphs: Proceedings in the Court to question a local election shall be commenced by the presentation to the Court of a petition in accordance with Form I in the Schedule of Forms attached to this Order, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 3 to 6 thereof.
num: 4
paragraphs: The person presenting the petition shall be the Petitioner and all persons who have been served with a copy of the petitions pursuant to Section 4 (1) of the Act, shall be Respondents.
num: 5
paragraphs: All petitions shall be served in accordance with the provisions of Section 26 of the Act and shall be subject to the same rules as to filing as a Civil Bill.
num: 6
paragraphs: Each Respondent shall within twenty-one days of the service of the petition serve on the Petitioner and file in the office an Answer in accordance with Form II in the Schedule of Forms hereto, or such modification thereof as may be necessary.
num: 7
paragraphs: Save by special leave of the Court every Petition under the Act shall be tried upon oral evidence.
num: 8
paragraphs: The Court shall appoint a person to attend at the hearing of every petition, and where necessary, to make a report, and that person shall be known as the official stenographer.
num: 9
paragraphs: Every appeal on a question of law to the Supreme Court by virtue of the provisions of subsection 3 of section 7 of the Act, shall be by way of Case Stated. A party desiring to appeal to the Supreme Court must lodge a Notice of Intention to appeal with the County Registrar within fourteen days of the date of the order appealed against. Such notice shall be in accordance with Form III of the schedule of Forms attached to this Order or such modification thereof as may be necessary.
num: 10
paragraphs: Every appeal by way of case stated shall be in accordance with Form IV of the schedule of Forms attached to this Order, or such modification thereof as may be necessary.
num: 11
paragraphs: Every appeal by way of case stated shall be prepared by the appellant, settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:
( a ) A Summary of the relevant facts of the proceedings.
( b ) The grounds of appeal.
num: 12
paragraphs: The Rules of the Superior Courts relating to service and entry of an appeal to The Supreme Court (contained in Order 58 thereof), shall be adopted and apply to service and entry of every appeal by way of case stated herein.
num: 13
paragraphs: (1) The official stenographer shall at the conclusion of the hearing of the petition, sign the shorthand note taken by him and certify the same to be complete and correct.
(2) On request by the County Registrar the official stenographer shall furnish to him a report comprising the original shorthand note and a transcript of the whole of such note or such part thereof as may be required.
(3) The transcript shall be typewritten and certified by the person making the same, whether the official stenographer or some other person, to be a complete and correct transcript of the whole or such part as may be required of the shorthand note taken by the official stenographer.
(4) The report of the official stenographer shall contain the evidence, any objection taken in the course thereof, and the judgment of the judge but shall not unless otherwise ordered by the judge include any part of the speeches of solicitor or counsel.
(5) A party interested in an appeal may obtain from the County Registrar a copy of the transcript prepared for the purposes of the appeal on payment of the proper charges.
num: 14
paragraphs: Every application for the opinion of the Supreme Court on any question of law arising at the trial of a petition by virtue of the provisions of subsection 1 of section 23 of the Act shall be by way of consultative case stated.
num: 15
paragraphs: Every consultative case stated shall be in accordance with Form V of the schedule of Forms attached to this Order, or such modification thereof as may be necessary.
num: 16
paragraphs: Every consultative case stated shall be prepared by the party applying for same or by the party nominated by the trial Judge and shall be settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:
( a ) A Summary of the relevant facts of the proceedings.
( b ) The question of law arising at the trial upon which the opinion of the Supreme Court is sought.
num: 17
paragraphs: The Rules of the Superior Courts relating to cases stated to the Supreme Court contained in Rule 2 (2), of Order 59 thereof shall be adopted and apply to every consultative case stated herein.
num: 18
paragraphs: (1) Every application to the Court for leave to withdraw a Petition shall be by Notice of Motion in accordance with Form VI of the Schedule of Forms hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 9 to 12 thereof.
(2) Copies of the two newspapers in which the notice of intention to apply to the Court for leave to withdraw the Petition has been inserted in accordance with the provisions of subsection 3 of Section 9 of the Act shall be lodged with the County Registrar immediately upon issue.
num: 19
paragraphs: An Application to the Court under subsection (3) of section 13 of the Act may be made exparte.
num: 20
paragraphs: In every petition to which this Order applies the Judge may make all such Orders as to costs as may be just and reasonable having regard to the provisions of Section 21 and 22 of the Act.
Form I