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Rules of the Superior Courts

Appendix: D

Evidence
[as amended by S.I. No. 13 of 2007]


The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No-S.I. No. 585 Of 2001: Rules Of The Superior Courts (No. 4) (Euro Changeover), 2001



Forms:
Part I
No.1
¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5
Part II
No.1 ¦ No.2 ¦ No.3 ¦ No.4
Part III
No.1
¦ No.2 ¦ No.3

PART I.

EVIDENCE.

________

No. 1.


O. 39, r. 25

PRAECIPE FOR SUBPOENA.

[Heading as in Form No. 2].


Seal a subpoena ..... directed to ..... on behalf of the ..... returnable ....19 ...

X.Y.

Solicitor for

________

No. 2.


O. 39, r. 26

SUBPOENA AD TESTIFICANDUM.

________

THE HIGH COURT.


19

No.

Between:—

Plaintiff,

and

Defendant.

To ..... greeting;

You are hereby commanded to attend before ..... at ... on ..... the .... day of ..... , 19 .., at the hour of ... in the noon, and so on from day to day until the above cause is tried, to give evidence on behalf of the

BY ORDER, &c.


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________

No. 3.


O. 39, r. 26

SUBPOENA DUCES TECUM.

________

[Heading as in Form No. 2].


To ........ greeting.

You are hereby commanded to attend before ..... at ....... on .... the ... day of ....., 19..., at the hour of ... in the noon, and so on from day to day until the above cause is tried, to give evidence on behalf of the ..... and also to bring with you and produce at the time and place aforesaid

BY ORDER, &c.


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________

No. 4.


O. 39, r. 26

SUBPOENA TO A WITNESS TO BE EXAMINED TOUCHING A TESTAMENTARY PAPER.


________

THE HIGH COURT.

(PROBATE).


In the estate of X.Y., deceased.

To .......... greeting.

You are hereby commanded to appear before ....... at ... on ...... the ... day of ......, 19..., at the hour of ... in the noon, and so on from day to day until you be dismissed by the High Court, to testify the truth according to your knowledge (or to answer to certain interrogatories to be administered to you touching a certain paperwriting or script being, or purporting to be, testamentary to wit [here describe the script and give its date as accurately as possible]) of which said paper writing or script reasonable grounds have been furnished to the High Court for believing that you have knowledge. And this you shall in nowise omit under the penalty of 100.

BY ORDER, &c.


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________

No. 5.


O. 39, r. 26

SUBPOENA TO BRING INTO PROBATE OFFICE A TESTAMENTARY PAPER.

________

[Heading as in Form No. 4].


To .................. greeting.

Whereas it appears by a certain affidavit filed in the Probate Office, sworn the ... day of ..... 19..., and made by ....... of ......., that a certain original paper writing or script being, or purporting to be, testamentary, to wit [describe the document], bearing date the ... day of ....., 19..., is now in your possession or under your control.

Now you are hereby commanded within eight days after service hereof on you, inclusive of the day of such service, to bring into and leave in the Probate Office the said paper writing or script, or, in case the same be not in your possession or under your control, within such eight days to file in the Probate Office an affidavit to that effect and therein to set forth what knowledge you have of and respecting the said script.

BY ORDER, &c.


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PART II.

EVIDENCE TAKEN ABROAD.
________

No. 1.


O. 39, r. 5 (1)

ORDER FOR ISSUE OF REQUEST FOR EXAMINATION.
________

[Title of action].


It is ordered that a letter of request do issue directed to the proper tribunal for the examination of the following witnesses, that is to say:

E.F., of

G.H. of

and I.J., of

And it is ordered that the depositions taken pursuant thereto when received be filed at the Central Office and be given in evidence on the trial of this action saving all just exceptions.

(Signed)

Seal.


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________

No. 2.


0. 39, r. 5 (2) (a)

UNDERTAKING IN CONNECTION WITH LETTER OF REQUEST.

________

[Title of action].


I (or we) hereby undertake to be responsible for all expenses incurred by the Minister for External Affairs in respect of the letter of request issued herein on the ....... and in receiving due notification of the amount of such expenses, undertake to pay the same as directed by the Master of the High Court.

The following have been appointed as agents for the parties in connection with the execution of the above letter of request:—

Plaintiff's agent:—

of

Defendant's agent:—

of

Dated

(Signed)

Solicitors for


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________

No. 3.


O. 39, r. 5

REQUEST FOR EXAMINATION.

__________


To the competent judicial authority of ....... in the ....... of .......

Whereas a civil action is now pending in the High Court in Ireland, in which ..... is plaintiff and ....... is defendant. And in the said action the plaintiff claims [indorsement on summons].

And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say:


[Name and addresses]

And it appearing that such witnesses are resident within your jurisdiction

Now, I, ......., the Master of the High Court in Ireland, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you will be pleased to summon the said witnesses (and such other witnesses as the agents of the plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined (upon the interrogatories which accompany this letter of request) viva voce touching the said matter in question in the presence of the agents of the plaintiff and defendant or such of them as shall, on due notice given attend such examination.

And I further have the honour to request that you will permit the agents of both the plaintiff and defendant or such of them as shall be present to be at liberty to examine and to cross-examine such witnesses.

And I further have the honour to request that you will be pleased to cause (the answers of the said witnesses and all additional viva voce questions, whether on examination, cross-examination, or re-examination) the evidence of such witnesses to be reduced into writing and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return the same together with (the interrogatories and) a note of the charge and expenses payable in respect of the execution of this request, through the Consul from whom the same was received for transmission to the High Court in Ireland.

And I further beg to request that you will cause me, or the agents of the parties if appointed, to be informed of the date and place where the examination is to take place.

Dated (Seal).

(Signed)


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________

S.I. No. 13 of 2007

No. 4.


O. 39, r. 5 (3)

ORDER FOR EXAMINATION BEFORE CONSUL.

________

[Title of action].


Upon hearing, ....... and upon reading the affidavit of .......

It is ordered that the Irish Consul or his deputy at ....... be appointed as special examiner for the purpose of taking the examination, cross-examination, and re-examination, viva voce, on oath or affirmation, of ....... witnesses on the part of the ....... at ....... aforesaid. The examiner shall be at liberty to invite the attendance of the said witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be taken in accordance with the procedure in Ireland. The ....... solicitors to give to the ....... solicitors ... days' notice in writing of the date on which they propose to send out this order to ....... for execution and that ... days after the service of such notice the solicitors for the plaintiffs and defendants respectively do exchange the names of their agents at ......., to whom notice relating to the examination of the said witnesses may be sent. And that ... days (exclusive of Sunday) prior to the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party (unless such notice be dispensed with). And that the depositions when so taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom, be transmitted by the examiner, under seal, to the Master of the High Court, Four Courts, Dublin, Ireland, on or before the ... day of ..... next, or such further or other day as may be ordered, there to be filed in the proper office. And that either party be at liberty to read and give such depositions in evidence of the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to this application and such examination be costs in the action.


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PART III.

FOREIGN PROCEEDINGS.

________

No. 1.


O. 39, r. 40

ORDER UNDER THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856.

________

THE HIGH COURT.


In the matter of Foreign Tribunals Evidence Act, 1856 and in the matter of a [civil or commercial or criminal] proceeding now pending before [description of foreign tribunal] entitled as follows:—

Between ......., Plaintiff} (or as the case may be)
and ....... Defendant }


________

Upon reading the affidavit (if any) of ....... filed the ... day of ....., 19..., and the commission rogatoire [or as the case may be]

It is ordered that .......

do attend before [name and address of the examiner], who is hereby appointed examiner herein, at [place appointed for examination], on the ... day of .....,19...,at ... o'clock, or such other day and time as the said examiner may appoint, and do there submit to be examined upon oath, or affirmation, touching the testimony so required, as aforesaid, and do then and there produce [description of document (if any) required to be produced].

And it is further ordered that the said examiner do take down in writing the evidence of the said witness (or witnesses) according to the rules and practice of this Court pertaining to the examination and cross-examination of witnesses [or as may be otherwise directed]; and do cause such witness to sign his deposition in the presence of the examiner; and do sign the depositions taken in pursuance of this order, and when so completed do transmit the same, together with this order, to the Master of the High Court, for transmission to the President of the said Tribunal desiring the evidence of such witness or witnesses.


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________

No. 2.


O. 39, r. 42 (1)

CERTIFICATE UNDER THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856.

________

[Heading as in Form No. 1].


I, ....... Master of the High Court in Ireland, hereby certify that the documents annexed hereto are (1) a sealed and certified copy of the order of the High Court, dated ... day of ....., 19..., made in the matter of ....... pending in the ....... at ... in the ..... of ....... directing the examination of certain witnesses to be taken before ....... and (2) the examination and depositions taken by the said ....... pursuant to the said order, and duly signed and completed by him on the ... day of ....., 19....

Dated

(Signed)


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________

No. 3.


O. 121, r. 9

CERTIFICATE OF SERVICE OF FOREIGN PROCESS.

________


I, ....... Master of the High Court in Ireland, hereby certify that the documents annexed hereto are as follows:—

(1) A copy of the letter of request for service of process received from the Court or Tribunal at

in the [describe proceedings]

(2) The process received with such letter of request; and

(3) The evidence of service upon ......., the person named in such letter of request, together with the verification of a notary public.

And I certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the High Court in Ireland, regulating the service of legal process in Ireland, and the proof thereof.

And I certify that the cost of effecting such service, as duly certified by the Taxing Master of the High Court in Ireland, amounts to the sum of £ .....

Dated

(Signed)

Seal.