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Rules of the Superior Courts

Order: 125

Interpretation and Forms

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

No125-S.I. No. 582 Of 2009: Rules Of The Superior Courts (Combined Court Offices) 2009
No125-S.I. No. 307 Of 2013: Rules Of The Superior Courts (Lugano Convention, Maintenance And Service) 2013
No125-S.I. No. 277 Of 2014: Rules Of The Superior Courts (Service Or Delivery By Post) 2014
No125-S.I. No. 485 Of 2014: Rules Of The Superior Courts (Court Of Appeal Act 2014) 2014
No125-S.I. No. 9 Of 2016: Rules Of The Superior Courts (Jurisdiction, Recognition And Enforcement Of Judgments) 2016
No125-S.I. No. 66 Of 2019: Rules Of The Superior Courts (Order 61 A) 2019

1. In these Rules, unless there is anything in the subject or context repugnant thereto, the several words and expressions hereinafter mentioned shall have or include the meanings following:
      "the Accountant" means the Accountant attached to the High Court or a deputy appointed by the Minister for Justice:

      "action" means a civil proceeding commenced by originating summons or in such other manner as may be authorised by these Rules, but does not include a criminal proceeding at the suit of the Attorney General;

      "the Acts" means the Courts (Establishment and Constitution) Act, 1961 , and the Courts (Supplemental Provisions) Acts, 1961 to 1981;

      "admiralty action" has the meaning given thereto by Order 64, rule 1;

      "affidavit" in the case of a person allowed by law to declare instead of swearing, includes a declaration,

      "attested copy" means a copy attested by the Superintendent of Typists, or such officer or officers as may be designated by the President of the High Court;

      "authorised securities" means any investment in which money under the control or subject to the order of any court may be invested pursuant to the provisions of the Trustees (Authorised Investments) Act, 1958, section 3;

      "the Bank" means either, as the context requires, the Governor and Company of the Bank of Ireland or the bank of such Governor and Company;

      "cause" includes any action, suit or other original proceeding between a plaintiff and defendant and any criminal proceeding;

      "Central Office" means the Central Office established by the Courts (Supplemental Provisions) Act, 1961 ;

      "the Constitution" means the Constitution of Ireland enacted by the people on the 1st day of July, 1937;

      "the Court" means either, as the context requires, the High Court or a Judge or Judges thereof, and includes the Master the Examiner and the Probate Officer where they respectively have jurisdiction;

      "defendant" includes every person served with an originating summons, or served with notice of, or entitled to attend, any proceedings;

      "land" includes messuages, tenements, hereditaments, houses and buildings of any tenure;

      "the Master" means the Master of the High Court;

      "matter" shall include every proceeding in the Court not in a cause;

      "oath," in the case of a person allowed by law to affirm instead of swearing, includes an affirmation;

      "party" includes every person served with notice of or attending any proceedings, although not named on the record;

      "person" includes a body corporate (whether aggregate or sole) and an unincorporated body of persons;

      "petitioner" includes any person making an application to the Court, either by petition or motion, otherwise than as against a defendant;

      "plaintiff" includes any person seeking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of civil proceeding;

      "pleading" includes an originating summons, statement of claim, defence, counter-claim, reply, petition or answer;

      "probate action" means any proceeding commenced by originating summons and seeking the grant or recall of probate, or letters of administration, or similar relief;

      "registered place of business" means a place of business duly registered under the Solicitors Acts 1954 and 1960;

      "sheriff" includes County Registrar when exercising the powers and functions of sheriff;

      "suit" includes action;

      "Superior Courts" means the Supreme Court, the High Court, the Court of Criminal Appeal and the Central Criminal Court;

      "trust corporation" has the meaning given thereto by subsection 4 of section 30 of the Succession Act, 1965 ;

      "writing" includes printing, typewriting, lithography, photography and other modes of representing or reproducing words in visible form and cognate words shall be construed accordingly;

      words importing the singular shall be construed as importing the plural and vice versa;

      words importing the masculine gender shall be construed as importing the feminine gender.

2. The several Appendices hereto shall be deemed to form part of these Rules.

3. The respective forms in the said Appendices shall, where applicable or appropriate, be used with such variations or modifications as circumstances may require. Where such forms are applicable or appropriate, any costs occasioned by the use of any other or more prolix forms shall be borne by, or disallowed to, the party using the same, unless the Court shall otherwise direct.