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Circuit Court Rules

Amendment to: Order 15
S.I. No. 378 of 2018: Circuit Court Rules (Service) 2018


1. (1) These Rules, which may be cited as the Circuit Court Rules (Service) 2018, shall come into operation on the 17th day of October 2018.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2018.

(3) The Circuit Court Rules 2001 to 2017 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2018.

2. The Circuit Court Rules are amended:

... ...

      (ii) by the substitution for rule 1 of Order 15 of the following rule:

        “1. (1) If a defendant intends to defend a Civil Bill or other proceeding, he shall enter an Appearance in the Office in the prescribed form as provided for in Form 5 of the Schedule of Forms.

        (2) The defendant’s Appearance shall be lodged with or sent by post to the County Registrar so as to reach the Office before the expiration of the time limited for appearance.

        (3) A copy of the Appearance shall at the same time be lodged with or sent by post or, where the Civil Bill signifies consent to such means, by electronic mail, to the plaintiff (if he sues in person) or to his or her solicitor, subject to the provisions of Order 5, rule 4.

        (4) The solicitor for a defendant shall state in the Appearance:


            (i) his or her registered place of business, or

            (ii) where the defendant’s solicitor consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of his or her registered place of business) to which documents may be sent in electronic form.

        (5) A defendant appearing in person shall state in the Appearance:

            (i) an address for service where documents may be left for him or her, or

            (ii) where the defendant consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of his or her address for service) to which documents may be sent in electronic form.

        (6) In—

            (a) any proceedings where entry of an Appearance is not required, or

            (b) any case where consent to the receipt of documents in the proceedings by electronic mail has not been endorsed in accordance with Order 5, rule 3 or sub-rule (4) or (5) of this rule

        a solicitor or party may give notice of such consent by letter in writing sent by ordinary pre-paid post to the other party or, if that party is legally represented in the proceedings, that party’s solicitor.”