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Rules of the Superior Courts

Amendment to: Order 36
S.I. No. 209 of 2010: Rules of the Superior Courts (Trial) 2010


1. Order 36 of the Rules of the Superior Courts is amended:—
      (i) by the substitution for rule 1 and paragraph (a) of rule 2 of the following rule and paragraph:—

        “1. Unless otherwise provided by statute or by these Rules, proceedings in the High Court shall be tried in Dublin save where, having regard to:
            (i) the availability of facilities for the trial of the proceedings and

            (ii) the desirability of providing a trial date as soon as possible once proceedings are ready for trial,

        the President of the High Court, whether in respect of individual proceedings or any category or categories of proceedings, otherwise directs.

        2. (a) Subject to rule 1, an application by any party for a direction that the trial of any proceedings take place at a particular venue shall be made to a Judge promptly after the close of the pleadings and in any event not later than three months prior to the date fixed for trial by motion on notice to the other party or parties to such proceedings or, if such other party or parties consent thereto, by motion ex-parte.”; and


      (ii) by the substitution for rules 24 to 27 of the following rules:

        “24. The party desiring to set down the proceedings for trial shall do so by delivering to the proper officer a copy of the notice of trial.

        25. The party entering a probate action for trial shall deliver to the proper officer a list with names and dates of all caveats, warnings, citations and appearances lodged, filed, issued or entered down to the date of such delivery and a copy of the order fixing the time and mode of trial.

        26. The party entering for trial a matrimonial proceeding commenced by petition shall deliver to the proper officer a copy of the order fixing the time and mode of trial and the issues to be tried.

        27. The party entering any proceedings for trial under rule 25 or 26 or his solicitor shall certify that the copy order delivered in accordance with the rule concerned is a true copy.”

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