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Circuit Court Rules

Amendment to: Order 18
S.I. No. 312 of 2007: Circuit Court Rules (General) 2007


1. These Rules, which may be cited as the Circuit Court Rules (General) 2007, shall come into operation on the 20th day of July 2007.

2. These Rules shall be construed together with the Circuit Court Rules 2001.

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11. Order 18 of the Circuit Court Rules is amended by the substitution for Rule 1 of the following—
      “1. (1) The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.

      In particular and without prejudice to the generality of the foregoing, and without prejudice to any other provisions of these Rules, the County Registrar may, in accordance with Section 34(1) and the Second Schedule of the Courts and Court Officers Act 1995 make the following orders—


        (i) Any order which may be made as of course.

        (ii) 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.

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

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

        (v) A conditional order for the appointment of a receiver by way of equitable execution and, if that appointment is consented to or is uncontested, an order for the appointment of the receiver, and an order for the discharge of a receiver.

        (va) A conditional order of garnishee and, if the order is consented to or is uncontested, an order of garnishee.

        (vi) 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.

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

        (viii) An order for the taking of evidence on commission.

        (ix) An order on an application for directions as to—

            (I) service of a civil bill or other originating document not interpartes, or

            (II) any other procedure in an action or matter.

        (x) An order adding or substituting a party in any proceeding.

        (xi) An order giving liberty to intervene and appear.

        (xii) An order for the amendment of pleadings on consent.

        (xiii) An order to receive a consent and make the same a rule of court where the parties are sui juris.

        (xiv) An order under the Bankers’ Books Evidence Acts 1879 and 1959.

        (xv) An order for payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a judge) for his or her benefit during minority.

        (xvi) An order in uncontested cases to have an account taken or inquiry made.

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

        (xviii) An order for the issue of a citation to lodge in court a grant of probate or letters of administration in contentious probate matters.

        (xix) An order giving liberty to file a supplemental affidavit of scripts.

        (xx) An order for the lodgement of scripts by any party.

        (xxi) An order appointing a receiver in a 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.

        (xxii) A stop order on moneys or securities in Court.

        (xxiii) An order for the issue of a sub-poena under Order 39, rule 30 of the Rules of the Superior Courts.

        (xxiv) An order to vacate a lis pendens on the application of—

            (I) the person on whose application it was registered, or

            (II) any person affected by it, on notice to the person on whose application it was registered, where the action to which it relates has been discontinued or determined or a document or pleading has not, for a period of not less than a year before the application to vacate it, been filed in that action by or on behalf of the person on whose application it was registered.

        (xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

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

        (xxvii) An order giving liberty to issue an execution order to replace an execution order that is lost or mislaid.

        (xxviia) An order giving liberty to issue an execution order at any time during the period of 12 years from the date of the judgment or order of the Court whose execution is directed or authorised by the execution order.

        (xxviib) An order giving liberty to amend the identity of the parties to an execution order in accordance with any amendment made by the Court to the identity of the parties to the judgment or order of the Court whose execution is directed or authorised by the execution order following the death of any party entitled or liable to execution under that order or the assignment of the debt due under that order.

        (xxviii) An order for the transfer of proceedings to the High Court or the District Court, including all ancillary orders for the transfer of moneys lodged in the Circuit Court.

        (xxix) An order giving liberty to—

            (I) serve a third party notice to proceedings on notice to the plaintiff in the proceedings,

            (II) join a party as a co-defendant to proceedings on notice to the plaintiff in the proceedings, or

            (III) join a party as a co-plaintiff to proceedings on notice to the defendant in the proceedings.

        (xxx) An order for the recovery of—
            (I) a liquidated amount, or

            (II) a specific chattel or chattels,

        or both in any proceedings in which an appearance has not been entered or a defence has not been delivered.

        (xxxi) An order entering judgment in an action for unliquidated damages, together with interest thereon and the costs, charges and expenses of the action, in which an appearance has not been entered or a defence has not been delivered.

        (xxxii) An order for the recovery of possession of any land in ejectment proceedings in which an appearance has not been entered or a defence has not been delivered.

        (xxxiii) An order for possession of any land within the meaning of section 3 of the Registration of Title Act 1964, in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

        (xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered.

        (xxxv) An order that—

            (I) a debtor liable under a judgment or order of the Court to pay an amount of money or, where the debtor is a body corporate, an officer, employee or member of the body corporate, and

            (II) any other person who a County Registrar considers appropriate,

      may be examined orally by the County Registrar to ascertain what (if any) debts are owing to the debtor and what (if any) property or other means the debtor has to satisfy the judgment or order.

      (2) In any case in which a County Registrar may make an order in accordance with sub-rule (1), he may—


        (a) make any supplementary or ancillary order,

        (b) place a stay, subject to such conditions as he thinks just, on any order made, or

        (c) give any necessary directions


      and may in respect of the costs of the application direct payment of a sum in gross in lieu of payment of costs to be taxed

      (3) In sub-rule (1), “execution order” shall be interpreted in accordance with the Second Schedule to the Courts and Court Officers Act 1995.”.

12. Order 18 of the Circuit Court Rules is amended by the substitution for Rule 7 of the following—
      “7. Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate or within ten days from the date of perfection of such ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he thinks fit.”