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Pre-trial issues

You may need to apply to court before your case is ready for hearing, for the court to deal with some preliminary matter. For example, you may need to obtain discovery of records which the other party refuses to provide.

These pre-trial applications are made using a document called a notice of motion.

This should be presented in the Central Office of the High Court together with any supporting affidavits which ground your application.

Check the Supreme Court, Court of Appeal and High Court Fees Order for the relevant court fee.

The Legal Diary is published in the afternoon of the day before the return date on your notice of motion. This will provide the courtroom location, the name of the judge dealing with this and the time the list starts.

The Central Office will list the motion in one of the following lists depending on the type of relief you are seeking from the court:-

Chancery motion list

Sits: Monday
Types of cases: Injunction applications, company law matters, specific performance / rescission of contracts. 
Relief sought: Interlocutory injunctions, appointment of liquidators, judgement in default of appearance or defence.

Common law motion lists 1 and 2

Sits: Monday
Types of cases: Personal injuries, breach of contract, defamation - all cases not dealt with by other motion lists.
Relief sought: Judgment in default of appearance, judgment in default of defence, order requiring delivery of particulars, order directing security for costs etc.

Non jury motion list

Sits: Monday
Types of cases: Planning Act applications, judicial review motions.
Relief sought: Planning injunctions, extensions of time to file documents.

Judicial review ex-parte list

Sits: Monday
Types of cases: Judicial review proceedings.
Relief sought: Seeking leave of the court to issue judicial review proceedings.

Asylum list

Sits: Monday
Types of cases: Asylum/immigration
Relief sought: Applications for leave on notice pursuant to s.5 of the Illegal Immigrants (Trafficking) Act, 2000. Applications for judicial review issued pursuant to an order.

Ex-parte or interlocutory applications in the above for leave or judicial review. Ex-parte applications for leave in asylum and immigration matters (there are a limited number of such applications not subject to s.5 of the Act).

Competition motion list

Sits: Fortnightly (every second Tuesday)
Types of cases: Competition proceedings.
Relief sought: Interlocutory relief, order requiring delivery of particulars, order directing security for costs etc.

Garda compensation list

Sits: Monday
Types of cases: Applications for compensation pursuant to the Garda Síochána (Compensation) Acts 1941 to 1945.
Relief sought: Assessment of damages only.

Hague Luxembourg list

Sits: Wednesday
Types of cases: Wrongful removal or retention of a child from his or her place of habitual residence within the meaning of the Convention on Civil Aspects of International Child Abduction 1980.
Relief sought: Return of the child to his or her place of habitual residence.

Restrict - disqualify directors list

Sits: Monday
Types of cases: Motions under section 819 of the Companies Act 2014, motions under section 842 of the Companies Act 2014.
Relief sought: Extend time for the making of the application, directions as to filing, dates for hearing, short motions to restrict directors under section 819, short motions to disqualify directors under section 842, motion seeking relief from the declaration to restrict under section 847.

Chancery special summons list

Sits: Monday
Types of cases: Special summons transferred by the Master of the High Court.
Relief sought: Various reliefs sought on special summons.

Circuit appeals list

Sits: Monday
Types of cases: Appeals from the Circuit Court relating to personal injuries, land disputes, sale of goods etc. Interlocutory motions on notice.
Relief sought: Damages for personal injuries and other common law remedies, strike out for failure to prosecute appeal. Application for stay pending appeal. Application for re-instatement of cases struck out for non-attendance.

Extradition list

Sits: Tuesday
Types of cases: Applications under section 13 of the European Arrest Warrant Act 2003 for endorsement of incoming warrants and under section 33 for outgoing warrants.
Relief sought: Extradition (outward and inward), interlocutory orders such as discovery and bail.

Proceeds of crime (CAB) list

Sits: Monday
Types of cases: Restraining order over the property of a defendant the subject matter of CAB proceedings and the appointment of a receiver over the property.
Relief sought: Reliefs under sections 2, 3, 7 and 10(1) of the Proceeds of Crime Acts 1996 - 2005.

Family law motion list

Sits: Friday
Types of cases: all family law proceedings for example, nullity proceedings, judicial separation proceedings, adoption and child abduction proceedings.
Relief sought: Maintenance orders, child custody orders, orders directing reports be furnished.

Master of High Court motion list

Sits: Tuesday - Friday
Types of cases: all types of cases.
Relief sought: as follows;

  • Any side-bar order (that is - order of court not required to be made by a judge) other than those mentioned in order 30(17) and (18)

  • Any order which may be made as of course.

  • An order for the appointment of a guardian ad litem of an infant or person of unsound mind not so found.

  • An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

  • An order for enlargement of the time for doing any act or taking any step in an action or matter.

  • An order for discovery, limited or general, or inspection of documents of real or personal property, or delivery of interrogatories.

  • An order for the appointment or the discharge of a receiver in uncontested applications.

  • An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

  • An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

  • An order for the taking of evidence on commission.

  • An order on an application for directions as to service in case of an originating summons not inter parties or as to other procedure in any action or matter.

  • An order adding or substituting a party in any proceeding.

  • An order giving liberty to intervene and appear.

  • An order for the amendment of pleadings on consent.

  • An order for the correction of clerical errors or errors in the names of parties in any proceeding, whether on consent or not, but subject to re-service when not on consent.

  • An order to receive a consent and make the same a rule of court where the parties are sui juris (that is - over 18 and of sound mind).

  • An order under the Bankers Books Evidence Act, 1879 and 1959.

  • An order for the payment out of court of funds standing to the credit of an infant (if so authorised by order of a judge) for his benefit during minority.

  • An order in uncontested cases to have an account taken or inquiry made.

  • An order for the issue, for service outside the jurisdiction, of a citation to see proceedings in contentious probate matters.

  • An order for the issue of a citation to lodge in court a grant of probate or letters of administration.

  • An order giving liberty to file a supplemental affidavit of scripts.

  • An order for the lodgement of scripts by any party.

  • An order appointing a receiver in place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

  • A stop order on moneys or securities in court.

  • An order for the issue of a subpoena under order 39 Rule 30.

  • An order for the issue of a citation in matrimonial causes or matters.

  • A seven day order for payment of costs or lodgement of security on a certificate or report from the Taxing Master in matrimonial causes or matters.

  • An order to vacate a lis pendens on the application of the person who registered the same.

  • An order under order 33 rule 1, of the Rules of the Superior courts on consent, settling the issues to be tried.

  • An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

  • An order giving liberty to renew an order of fieri facias after the lapse of one year, or to issue a new order of fieri facias on loss of the original (fieri facias is an order directing the Sheriff to execute a judgment on a person's goods).

  • An order for transfer of proceedings to the Circuit Court or to the District Court on consent of the parties, including all ancillary orde rs for the transfer of monies lodged in court.

  • An order giving liberty to serve a third party notice on consent of the plaintiff.

 

 

 

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This page updated: 30 November 2016