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Court: Circuit
Topic: Civil and family law cases case management questionnaire (covid-19)
Category: Civil

CC25 - Civil and family law cases case management questionnaire (covid-19)

 

THE CIRCUIT COURT

NORTHERN CIRCUIT

PRACTICE DIRECTION

CIVIL AND FAMILY LAW CASES

CASE MANAGEMENT QUESTIONNAIRE (COVID-19)

 

 

Litigants applying to have a Civil or Family Law case listed for hearing during the currency of the provisions of the Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations 2020 are required to complete the Case Management Questionnaire in Form 1 annexed hereto and submit it to the Court Office signed by the Solicitor for Applicant (or the Applicant if unrepresented). The application shall be assessed in the first instance by the Court Office. In the event of any dispute or doubt as to suitability for hearing, the application shall be referred to the County Registrar. Cases which are deemed suitable for hearing by the Court shall be assigned a hearing date and time and shall be allotted a duration in accordance with the estimate agreed by the parties.

Dated this 13th day of May 2020

John F. Aylmer S.C.

Judge of the Northern Circuit

 

 

FORM 1

THE CIRCUIT COURT

NORTHERN CIRCUIT

CASE MANAGEMENT QUESTIONNAIRE (COVID-19)

 

Further to the statement of the President of the Circuit Court Published on 8 May 2020, litigants are required to complete the following questionnaire and submit it to the Court Office when applying to have a Civil or Family Law case listed for hearing during the currency of the provisions of the Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations 2020.

 

The information sought is to assist in the identification of Civil and Family Law cases which are suitable to be heard by the Circuit Court without infringing the Government’s guidelines on social distancing or infringing any of the various measures imposed by the Government for the time being to prevent the spread of the Covid-19 virus. Applications for such cases to be heard will be assessed with a view to securing the greatest possible access to justice in the Circuit Court during the five phases of reopening of society and business designated by the Government. Any dispute or doubt as to suitability will be referred to the County Registrar. It is intended that the hearing of such cases shall be at an appointed date and time and shall be allotted a duration previously agreed by all parties to avoid unnecessary call overs.

 

1. What is the nature, title and record number of the case?

2. Is there any degree of urgency about the case and if so please specify?

3. Is the hearing of the case practicable while at all times observing guidelines on social distancing and other measures for the time being imposed by the Government to prevent the spread of the Covid 19 virus?

4. Are the proceedings required by law to be dealt with in camera?

5. Does the hearing of the case require the attendance of witnesses and if so how many?

6. How many legal representatives will be present in court for each party?

7. Are the parties aware of any unusual public interest in the case?

8. What is the anticipated duration of the case agreed between the parties?

9. Is there a capacity for hearing the case or any part of it remotely?

10. What are the dates upon which the case could proceed during the proposed Sessions having regard to the availability of all necessary parties?

11. Are all witnesses willing to attend Court as required during the proposed Sessions where the health and safety measures prescribed by the President of the Circuit Court in her statement of 8 May 2020 are being taken?

12. Is there any other information which is thought relevant as to whether the case is suitable for disposal during the currency of the provisions of the Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations 2020 and if so please specify?

13. Are all parties agreed that all parties have complied with all Directions and Orders made in Case Progression, that the case is ready for hearing and suitable for disposal during the currency of the provisions of the Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations 2020 and if not please provide particulars of any objections to the matter proceeding?

 

Signed……………………………………………………

Solicitor for the Applicant