Home
English VersionIrish Version
Search for Click to Search
Advanced Search
Printable Version
All SectionsPractice DirectionsCourt Rules Terms & Sittings
Legal Diary Offices & Maps Judgments & Determinations

Rules of the Superior Courts

Amendment to: Order 31
S.I. No. 254 of 2016: Rules of the Superior Courts (Conduct of Trials) 2016


1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Conduct of Trials) 2016, shall come into operation on the 1st day of October 2016.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.

2. The Rules of the Superior Courts are amended:

.....

        (2) This rule shall not apply to personal injuries actions.”;
      (iii) by the insertion, immediately following rule 29 of Order 31, of the following rule:

        “30. (1) Without prejudice to—

            (a) the preceding rule and

            (b) any rule of law under which the non-party would be entitled or have a duty to

      withhold disclosure of information,

        where a person not a party to the cause or matter before the Court (in this rule, the “non-party”) has access to information which is not reasonably available to a party to the cause or matter, and which the Court is satisfied would not have been procurable by means of discovery made, or answers to interrogatories given by the person under rule 29, the Court may, on the application of a party by motion on notice to the non-party, and unless it is satisfied that it would not be in the interests of justice that the information concerned be disclosed, make an order directing the non-party who has access to the information to—

            (a) prepare and file a document recording the information; and

            (b) serve a copy of that document on the parties to the cause or matter.

        (2) An application under sub-rule (1) shall be supported by an affidavit sworn by or on behalf of the moving party, which shall set out the grounds on which the moving party believes that:

            (a) the information sought is not reasonably available to the moving party;

            (b) the information would not have been procurable by means of discovery made, or answers to interrogatories given by the person under rule 29;

            (c) the information sought is reasonably available to the non-party against whom such an order is sought;

            (d) the information sought is likely to support the case of the moving party or adversely affect the case of one of the other parties to the cause or matter; and

            (e) disclosure of the information sought is necessary in order to dispose fairly of the claim or to save costs.

        (3) The non-party may deliver and file an affidavit in reply.

        (4) The Court may make an order under sub-rule (1) only where—

            (a) the information of which disclosure is sought are likely to support the case of the moving party or adversely affect the case of one of the other parties to the cause or matter; and

            (b) disclosure of the information sought is necessary in order to dispose fairly of the claim or to save costs.

        (5) An order under sub-rule (1) shall–

            (a) specify the information or the classes of information which the non-party must disclose; and

            (b) require the non-party, when making disclosure, to specify any such information–

              (i) which is no longer in the non-party’s control; or

              (ii) in respect of which the non-party claims an entitlement or duty to withhold disclosure.

        (6) An order under sub-rule (1) may—

            (a) require the non-party to indicate what has happened to such information which is no longer in the non-party’s control; and

            (b) may include directions as to the time and manner of disclosure of the information.

        (7) The moving party seeking an order under sub-rule (1) shall indemnify the non-party in respect of all costs thereby reasonably incurred by that person and such costs borne by the said party shall be deemed to be costs of that party for the purposes of Order 99.

        (8) An order under sub-rule (1) shall not be made unless:

            (a) the moving party shall have previously applied by letter in writing requesting that disclosure be made voluntarily; and

            (b) a reasonable period of time for such discovery has been allowed; and

            (c) the non-party requested has failed, refused or neglected to make such disclosure or has ignored such request.

        (9) Notwithstanding sub-rule (8), in any case where by reason of the urgency of the matter or the consent of the moving party and the non-party against whom such order is sought, the nature of the case or any other circumstances which to the Court seem appropriate, the Court may make such order as appears proper, without the necessity for:

            (a) the prior application in writing mentioned in sub-rule (8), or

            (b) the issue and service of the notice of motion mentioned in sub-rule (1), provided that in any such case, a non-party affected who has not been heard by the Court before the making of such order may apply to the Court by motion on notice to the moving party to set aside or vary such order.”;

.....