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Court: Supreme
Topic: Appeals
Category: Civil

SC19 - Conduct of proceedings in Supreme Court

(issued under section 7(7) of the Courts (Supplemental Provisions) Act 1961, inserted by paragraph (a)(iv) of section 44 of the Court of Appeal Act 2014)

General

1. Introduction

(a) In this practice direction:

“applications for leave judge” means the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice under section 7(6) of the Courts (Supplemental Provisions) Act 1961, as inserted by section 44 of the Court of Appeal Act 2014, when exercising functions under that sub-section in respect of applications for leave to appeal;

“case management judge” means the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice under section 7(6) of the Courts (Supplemental Provisions) Act 1961, as inserted by section 44 of the Court of Appeal Act 2014, when exercising functions under that sub-section in respect of proceedings in which leave to appeal has been granted;

“the rules” means the Rules of the Superior Courts;

“the Court” means the Supreme Court;

“the Office” means the Office of Registrar of the Supreme Court;

“statutory practice direction” means a practice direction issued under section 7(7) of the Courts (Supplemental Provisions) Act 1961;

"the Supreme Court e-filing system" means the computer system provided by the Courts Service for the Supreme Court for the purpose, inter alia, of filing in the Office and issuing or transmitting from the Office of documents electronically where required or permitted by the rules or a statutory practice direction, and subject to compliance with the requirements for access to that system (including requirements for the purpose of identifying the system user) as may be published from time to time on the Courts Service’s website;

a reference to filing of a document includes a reference to lodgment of that document;

a reference to a form is to the form as numbered in the Schedule to this statutory practice direction;

“Order 58” means Order 58 of the rules;

references in this practice direction to the filing in the Office or with the court of a document shall include filing or transmission electronically where this is required or permitted by the rules or a statutory practice direction;

references in this practice direction to the filing or transmission of a document electronically mean:

  1. sending that document in electronic form using the computer system known as the Supreme Court e-filing system where that system is being used;
  2. where the Supreme Court e-filing system is not being used, sending that document by e-mail attachment in the form and /or manner required or permitted by the rules or a statutory practice direction, and cognate expressions shall be construed accordingly;

references in the practice direction to the issuing or transmission of a document electronically mean:

  1. issuing or transmitting that document in electronic form using the computer system known as the Supreme Court e-filing system where so required;
  2. where this practice direction or another statutory practice direction does not require use of the Supreme Court e-filing system, issuing or transmitting that document by e-mail attachment in the form and/or manner required or permitted by the rules or a statutory practice direction,


and cognate expressions shall be construed accordingly.

(b) This practice direction is issued in respect of appeals and applications for leave to appeal initiated pursuant to the jurisdiction conferred on the court by the amendments of the Constitution comprised in the Thirty-third Amendment of the Constitution, which took effect on the 28th October, 2014.

(c) While specific provisions of the rules are referred to where this is considered to be of assistance, this practice direction should be read in conjunction with the rules generally, and in particular to Order 58 and to other provisions of the rules available at the Courts Service website at: www.courts.ie.

Practitioners acting in, and litigants in person who are parties to applications for leave to appeal and appeals before the court, are encouraged to familiarise themselves fully with the provisions of Order 58.

...... see full text of this practice direction

 

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