S.I. No. 265/1993:

RULES OF THE SUPERIOR COURTS (NO. 2) OF 1993.

RULES OF THE SUPERIOR COURTS (NO. 2) OF 1993.

We, the Superior Court Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67 and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 28th day of July, 1993.

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

Dated this 9th day of September, 1993.

MÁIRE GEOGHEGAN-QUINN,

Aire Dlí agus Cirt.

S.I. No. 265 of 1993.

RULES OF THE SUPERIOR COURTS (NO. 2) OF 1993.

1. (1) The following subrules shall be inserted in Order 22, rule 1, as subrules 9 and 10, in the Rules of the Superior Courts:

"1. (9) Notwithstanding subrule 7, in any case in which the plaintiff has served a Notice of replies to particulars or additional particulars (without a request therefor) after the expiry of the time within which a Defendant could make a payment into Court without leave, the Defendant may, thereupon, without leave, make a payment or increase any payment made into Court within twenty one days from the date thereof upon notice to the Plaintiff.

(10) Notwithstanding subrule 7, in any case in which a period in excess of 18 months has elapsed since the date of the notice for trial, a Defendant may, without leave, make a payment into Court within twenty one days, upon notice to the Plaintiff, provided that the said payment, if not accepted by the Plaintiff, shall not take effect until the expiry of two months from the date upon which it was made or increased, as the case may be."

(2) The following words shall be substituted for the words "(except where paid under rule 1 (7)" where they occur in rule 7 (1) of Order 22 of the Rules of the Superior Courts:

"(except where paid under rule 1 (7), (9) or (10))".

2. The following shall be inserted as Order 31, rule 12, subrule 4 of the Rules of the Superior Courts:

"4. (1) An order under sub rule 1 directing any party or under rule 29 directing any other person to make discovery shall not be made unless:

( a ) the applicant for same shall have previously applied by letter in writing requesting that discovery be made voluntarily; and

( b ) a reasonable period of time for such discovery has been allowed; and

( c ) the party or person requested has failed, refused or neglected to make such discovery or has ignored such request.

Provided that in any case where by reason of the urgency of the matter or the consent of the parties, the nature of the case or any other circumstances which to the Court seem appropriate, the Court may make such order as appears proper, without the necessity for such prior application in writing.

(2) Any such discovery sought and agreed between parties or between parties and any other person shall subject to sub rule 4 below, be made in like manner and form and have such effect as if directed by order of the Court.

(3) In any case in which discovery has been sought and agreed and has not been made within the time agreed, the party who has sought same may make application pursuant to rule 21 provided that when seeking discovery the party requested was informed that:

( a ) such voluntary discovery was being sought pursuant to Order 31 rule 12 sub rule 4;

( b ) agreement to make discovery would require it to be made in like manner and form and would have such effect as if directed by order;

( c ) failure to make the discovery may result in an application pursuant to rule 21;

and the Court may if satisfied that it is proper so to do, make such order under rule 12, 19 and 21 as is appropriate or such other order as appears just in the circumstances.

(4) An application for discovery whether under rule 12 (1) or (4) shall be made not later than twenty eight days after the action has been set down or in matters which are not set down twenty eight days after it has been listed for trial provided that the Court or the party requested may Order or agree, as the case may be, to extend the time for the application for discovery in any case in which it appears just and reasonable to do so.

(5) The costs of an application to Court for discovery in any case in which prior written application has not been made or in which application has not been made within the time provided, shall be in the discretion of the Court."

3. The following rule shall be inserted as Order 63, rule 12 of the Rules of the Superior Courts:

"12. (1) An application for an Order mentioned at (18) in rule 1 may be made on affidavit by either the infant, the next friend of the infant or the solicitor on the infants behalf or by letter in writing by the infant or the next friend of the infant or by a solicitor acting on the infants behalf and upon such application, the Master may, in his discretion, having regard to the amount involved or any other relevant matter, make an Order providing for the payment out of such monies as appears proper.

(2) Upon receipt of any application under rule 1 the Master may make such inquiries or raise such queries as may be appropriate and it shall be within the discretion of the Master, having regard to the amount involved or for any other reason which appears to him sufficient, to require the application to be made ex parte on the Affidavit of the infant or next friend of the infant or the infants solicitor, as the case may be."

4. The following rule and form shall be substituted for Order 74 Rule 139 and Form No. 47 of Appendix M of the Rules of the Superior Courts:

"139. The declaration of solvency referred to in Section 256 together with the report and statement of the independent person referred to in that Section shall be in the Form No. 47."

"O. 74, r. 139

No. 47

DECLARATION OF SOLVENCY

THE COMPANIES ACT 1963 -1990

MEMBERS' VOLUNTARY WINDING UP

DECLARATION OF SOLVENCY EMBODYING A STATEMENT OF ASSETS AND LIABILITIES AND REPORT AND STATEMENT OF AN INDEPENDENT PERSON

Pursuant to Section 256, Companies Act, 1963 , and Rule 139,

Rules of the Superior Courts 1986

(Form No. 47 Appendix M)

REMARKS:

5. The following shall be substituted for Order 86, rule 5 of the Rules of the Superior Courts:

"5. Every notice of appeal or notice of application for leave to appeal shall be served within twenty one days from the date of the grant or refusal of a certificate of leave to appeal, as the case may be. Every notice of appeal under section 29 (6) of the Road Traffic Act, 1961 , shall be served on the Registrar within twenty one days from the date of the order appealed against and shall be in the Form no. 27."

6. The following rule shall be inserted as Order 99 rule 28 (2) of the Rules of the Superior Courts and rule 28 shall be renumbered as rule 28 (1):

"(2) A notice to tax issued and served in respect of any bill of costs may be restricted so as to seek the taxation of only one or more items in the bill of costs and any such notice to tax shall specify precisely what items the Taxing Master is required to tax and what items have been agreed between the parties or the solicitor and client, as the case may be. The Taxing Master shall, if satisfied that such notice has been issued and served and that not all of the items in the bill of costs require to be taxed, tax that part of the bill and the items thereon in respect of which the notice to tax has issued".

7. The following shall be inserted as Order 127 of the Rules of the Superior Courts:

"

ORDER 127

NOTARIES

1. The Chief Justice may, in the exercise of his discretion and from time to time, make such rules and regulations or give such practice directions as he may think fit as to the form and mode of application to be appointed a notary public.

2. Such rules, regulations or directions may require that an applicant satisfy the Chief Justice in advance of the appointment of the applicant that he had the requisite and appropriate knowledge of notarial practice and procedure."

8. These rules may be cited as the Rules of the Superior Courts (No. 2) of 1993 and shall be construed with the Rules of the Superior Courts.

9. These rules shall come into operation on the 9th day of September, 1993.

EXPLANATORY NOTE.

These rules, which came into effect on the 9th day of September, 1993, amend some of the existing provisions regarding payment into Court, discovery, applications for payment out of infants' funds, voluntary winding-up of companies, time for certain steps in the Court of Criminal Appeal and taxation of costs and insert a new Order 127 relating to applications for appointment as a notary public.