Amendment to Order 12

S.I. No. 598 of 2014: District Court (General) Rules 2014

1. (1) These Rules, which may be cited as the District Court (General) Rules 2014, shall come into operation on the 31st day of December, 2014.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2014.

2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

(i) by the insertion immediately following rule 4 of Order 12 of the following rules:


4A Notice to the Court

4A. (1) Before any application, other than an ex parte application or an application for an adjournment, is made to the Court, the applicant must, unless any statute or rule otherwise provides, give at least 48 hours notice in writing to the Clerk of the Court at which the application concerned is to be made.

 

(2) Mode of giving notice

(2) Where under these Rules notice is required or authorised to be given to the Clerk or other parties, such notice must be in writing and may be given by leaving the notice with the Clerk or other parties or by forwarding the notice by prepaid post. Where the notice is forwarded by prepaid post, the date of receipt of notice shall be the day of the actual receipt of the notice.

 

(3) Newspaper notices

(3) Where any newspaper notice is required in any proceedings in the Court, the Court may, where necessary, determine in which newspaper any notice is to be inserted.

 

4B Where last day is a Saturday, Sunday or day on which court office closed

4B. Where the time for doing any act or taking any proceeding expires on a Saturday, a Sunday or on another day on which the offices of the Court are closed, and for that reason, the act or proceeding cannot be done or taken on that day, the act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices are next open.”;

(ii) by the insertion immediately following rule 9 of Order 12 of the following rules:


9A Size of documents

“9A. All documents and forms for lodgment in the Court or for service in connection with proceedings in the Court, except accounts, maps and plans, must be written, printed or typewritten on paper of A4 size.”;

(iii) by the insertion immediately following rule 15 of Order 12 of the following rule:


16 Clerical mistakes

16. Any clerical mistake in any order or warrant, or any error arising in any order or warrant from any accidental slip or omission, may at any time be corrected by the Court.”

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