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Rules of the Superior Courts

Amendment to: Order 36
S.I. No. 355 of 2012: Rules of the Superior Courts (Trial) 2012


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2. The Rules of the Superior Courts are amended:

      (i) by the substitution for rule 2 of Order 36 of the following rule:

        “2. (a) Subject to rule 1, an application by any party for a direction that the trial of any proceedings not referred to in paragraph (b) 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.

        (b) In the case of any proceedings referred to in section 1 subsections (1) and (2) of the Courts Act 1988—

            (i) subject to the other provisions of this rule, notice of trial shall be served for the city or town mentioned in Column 1 of the Table set out hereunder in any case where the Plaintiff resides or the wrong is alleged to have been committed or to have happened in any of the counties mentioned in Column 2 of the said Table opposite the said city or town respectively, and

            (ii) the trial of the proceedings concerned shall, save where a direction has been given under paragraph (c) or (d), take place in the city or town concerned.

            1. Dundalk1. Louth, Meath, Longford, Cavan, Monaghan.
            2. Kilkenny2. Kilkenny, Carlow, Waterford, Tipperary, Offaly, Laois, Wexford.
            3. Waterford3. Waterford, Tipperary, Laois, Carlow, Kilkenny, Wexford.
            4. Cork4. Cork and Kerry.
            5. Limerick5. Limerick, Tipperary, Kerry, Clare.
            6. Galway6. Galway, Mayo, Roscommon, Longford, Westmeath, Offaly, Clare.
            7. Sligo7. Sligo, Donegal, Leitrim, Cavan, Longford, Westmeath, Roscommon, Mayo.

        (c) Where he considers that the effective disposal of business generally of the Court so requires, the President of the High Court may direct that the trials of proceedings, or of any particular category of proceedings, or the trial of any particular proceedings which would otherwise take place at a particular city or town in accordance with paragraph (b), shall take place at another city or town specified in that direction.

        (d) A party to any proceedings referred to in paragraph (b) may apply for a direction that such proceedings be tried at a city or town other than that for which the proceedings may be, or (where notice of trial has already been served) have been, set down for trial under that paragraph—

            (i) with the consent of the other party, and save where the venue sought for the trial is Dublin—

            by letter sent after the close of the pleadings to the officer for the time being managing the Central Office, marked “for the attention of the Principal Registrar”, enclosing a letter of such consent,

            (ii) where the venue sought for the trial is Dublin, or where the other party does not consent—

            on application made promptly after the close of the pleadings and in any event not later than three months prior to the date fixed for trial to a Judge designated by the President of the High Court for that purpose, on notice to the other party or parties to such proceedings.

        (e) In the case of an application to which paragraph (d)(ii) refers—

            (i) two clear days’ notice shall be given unless notice requires to be given personally, in which case four clear days’ notice shall be given,

            (ii) notice shall be in writing but shall not require to be given by service of a notice of motion.

        (f) A direction given by the President of the High Court under paragraph (c) shall be published in such manner (including by publication on the Courts Service website) as he may direct.”;

      (ii) by the substitution for rule 15 of Order 36 of the following rule:


      (iii) by the substitution for Forms 18 and 19 in Appendix C of the Forms set out in the Schedule.

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