Circuit Court Rules (No. 1), 1970.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: In this Order "the Act" means the Local Government (Planning and Development) Act, 1963 .
"The Planning Authority" has the meaning assigned to it by Section 2 (2) of the Act.
num: 2
paragraphs: All notices 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 notices served or proceedings taken in accordance with these Rules.
num: 3
paragraphs: An appeal to the Circuit Court under Section 21 of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form I in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.
num: 4
paragraphs: The appellant shall be the plaintiff and the Planning Authority shall be the respondent.
num: 5
paragraphs: An application to the Court for an extension of time within which to make a claim for compensation under Part VI of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 2 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.
num: 6
paragraphs: The Applicant shall be the plaintiff and the Planning Authority shall be the respondent.
num: 7
paragraphs: In every action the Notice of Motion shall be served before filing, in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of the Circuit Court Rules, 1950, as amended by the Circuit Court Rules, 1954, and the Circuit Court Rules (No. 1), 1965.
num: 8
paragraphs: Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be filed by the plaintiff in the Office not later than twenty-one days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.
num: 9
paragraphs: This Rule shall apply only to the Dublin Circuit. Every Notice of Motion shall state the date upon which it is desired that the action shall be listed for hearing, and shall be filed by the plaintiff in the Office not later than twenty-one days before such date.
num: 10
paragraphs: Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or, if none, by himself.
num: 11
paragraphs: Upon the filing in accordance with these Rules of a Notice of Motion the County Registrar shall enter the same for hearing.
num: 12
paragraphs: Every Notice of Motion shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of the service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon, or at any time thereafter, the Judge may make such order as to him shall seem just and reasonable.
num: 13
paragraphs: If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Notice of Motion, serve on the plaintiff and any other parties a Defence in accordance with Form 3 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and such Defence shall be filed in the Office within seven days after the last service thereof.
num: 14
paragraphs: Save by special leave of the Court, every action under the Act shall be heard upon oral evidence.
num: 15
paragraphs: In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.