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Court:

Circuit

Category:

Civil

Topic:

Possession

 

 

CC11 - Actions for possession

1. Reference is made to the Circuit Court Rules (Actions for Possession and Well-charging Relief) 2009 (S.I. No. 264 of 2009), which insert a new Order 5B in those Rules, providing for new procedures in respect of such actions.

2. In proceedings in which a claim for recovery of possession of land on foot of a legal mortgage or charge is made, the return date of the Civil Bill shall be fixed not earlier than eight weeks from the date of issue of the Civil Bill. Except with the consent of each defendant in the proceedings, no order for possession shall be made on the return date. The proceedings shall be adjourned to such later date as the County Registrar considers just in the circumstances.

3. The Civil Bill, when being served on each defendant, should be accompanied by a letter from the plaintiff or the plaintiff's solicitor addressed to the defendant stating:

(a) that, except with the consent of each defendant in the proceedings, no order for possession will be made on the initial return date before the County Registrar and that the proceedings will be adjourned to such later date as the County Registrar considers just in the circumstances;

 (b) the importance of the defendant or his legal representative attending before the County Registrar on the return date and on any date to which the proceedings are adjourned, should the defendant wish to make any representations to the County Registrar concerning the proceedings; and

 (c) that a defendant not intending to enter a defence is not required to file and serve on the plaintiff a replying affidavit.

4. Where a defendant is not present or represented on the initial return date when proceedings are adjourned in accordance with paragraph 2, the plaintiff should notify the defendant by letter of the adjournment forthwith in such manner as may be directed by the County Registrar.

Dated this 12th day of November 2009
Matthew Deery
President of the Circuit Court