Ex parte motions to the court
1. This practice direction applies to any application to the court or the master for relief in the form of an order which may, in accordance with the Rules of the Superior Courts or the practice of the court, be made ex parte, and is made on or after Monday the 19th day of August 2013.
2. Any such application shall be set out on an ex parte motion docket in the form appended to this direction, which docket shall be in A4 paper size.
Dated this 7th day of August 2013
Nicholas J Kearns
President of the High Court
Notice re: Practice Direction HC59
High Court ex parte applications
Practitioners and litigants are hereby advised of the following with regard to the making of ex parte applications to the High Court:
Practice Direction HC59 provides that on or after the 19th of August 2013 any relief sought which may be applied for ex parte to the High Court shall be set out on an ex parte motion docket. The document appended thereto sets out the form of the docket, though the Practice Direction does not preclude a similar style of document reciting the same information and such a document is perfectly acceptable.
S.I. No. 239 of 2013 (Part 3, D, no. 12) provides (save for the exemptions set out therein) for the payment of a fee in the sum of €60.00 on an ex parte docket. That fee must be stamped on the docket in advance of the making of the application. Please note that S.I. 239 provides for a separate fee of €138.00 in respect of an originating ex parte application.
Order 40 Rule 2 of the Rules of the Superior Courts provides that affidavits shall be filed in the Central Office. Accordingly, at the making of an ex parte application, the court should be furnished with a copy affidavit as provided for in Order 40 Rule 16 of the Rules of the Superior Courts, the original thereof having been filed.
The ex parte motion docket should be furnished to the registrar to the court where it is proposed to make the application. The docket requires to be stamped with the appropriate fee and be completed prior to attending court. In circumstances where an ex parte motion docket is appended to the practice direction, such document will not be provided by the Courts Service.
There is no requirement or basis for filing an ex parte motion docket in the Central Office in advance of making an application, same being retained by the registrar after the making of that application.