S.I. No. 224/1963 - Rules of the Superior Courts (No. 2), 1963

S.I. No. 224 of 1963.

RULES OF THE SUPERIOR COURTS (NO. 2), 1963

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 68, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , Section 48, and the Courts (Supplemental Provisions) Act, 1961 , section 14), and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 1st day of November, 1963.

Cearbhall Ó Dálaigh	Samuel V. Kirwan
Brian Walsh	Ralph J. Walker
Geo. D. Murnaghan
John O'Leary

I concur in the making of the annexed Rules of Court.

Dated this 7th day of November, 1963

Charles J. Haughey,

Minister for Justice.

RULES OF THE SUPERIOR COURTS (NO. 2), 1963

1. Order 11 rule 8 shall be deleted and the following substituted therefor:

"8. Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of the summons, and not the summons itself, shall be served upon him."

2. Order 85 rule 5 shall be deleted and the following substituted therefor:

"5. The Registrar shall on application to him supply free of charge to the accused person or his solicitor copies of the depositions relating to the offences with which he is charged as follows:

(a) in case the accused is charged with murder, six copies;

(b) in other cases, four copies;

(c) where two or more persons, who are represented by the same solicitor, are to be tried together, one additional copy for each accused person beyond the first."

3. Order 86 rule 15 shall be deleted.

4. In Order 99 rule 8, the following additional paragraph shall be inserted:

"(h) in any other action which could have been commenced in the Circuit Court or the District Court, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court or the District Court (as the case may be), unless the Judge hearing such action grants a special certificate."

5. —(1) In Order 102 rule l, the following paragraph shall be inserted:

"(g) the seal of the High Court (Central Criminal Court);

(2) In Order 102 rule 3, the following sub-rule shall be inserted:

"(5) The seal of the High Court (Central Criminal Court) shall be kept in the custody of the Registrar as defined in Order 85 rule 1."

6. In Appendix W, Part I, the undermentioned items shall be amended to read as follows:

"7.	Drawing, filing and delivery to one party of statement of claim, defence (and counterclaim), answer to petition, reply or other pleading ..	1	10	0
		to
		7	0	0
8.	Drawing, filing and delivery to one party of particulars of pleading, and drawing and delivery to one party of request for such particulars ..	1	0	0
		to
		5	0	0
21.	Attending to obtain appointment to examine witness and on examination of witness before any commissioner, officer of the court or other person appointed to examine him, for each day of examination .. .. .. .. ..	4	0	0
		to
	Note—The solicitor shall also be allowed travelling expenses reasonably incurred by him.
23.	Attending sittings within 20 miles of the place where the solicitor practises, for purposes of—
	(a) trial or hearing of a cause, matter or appeal for each day—
	(i) on which cause, matter or appeal is included in list to be tried or heard, but is not begun .. ..	1	10	0
		to
		5	0	0
	(ii) of trial or hearing .. .. ..	3	0	0
		to
		12	0	0
	(b) hearing reserved judgment .. ..	1	0	0
		to
		3	0	0
24.	Attending sittings elsewhere for any purpose mentioned in item 23 for each day (except Sunday) on which solicitor is necessarily absent from his office .. .. .. ..	8	0	0
		to
		12	0	0
	Notes to items 23 and 24:
	(a) If the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided.
	(b) the solicitor shall also be allowed travelling expenses reasonably incurred by him.
	(c) these items do not relate to the attendances mentioned in item 26.
32.	Attending taxation, completing bills, vouching, completing affidavit of tots and certificate of taxation .. .. .. .. .. ..	1	15	0
		to
		9	0	0
52.	On transfer of stocks or securities in or out of of Court under any order or direction of the Court .. .. .. .. .. ..	1	5	0
		to
		20	0	0
57.	Necessary and proper attendances not provided for or allowed under any other item ..	0	15	0
		to
		5	0	0
	Note.—The solicitor shall also be allowed reasonable travelling expenses actually incurred.
76.	Perusing draft certificate, report, scheme, or like document submitted for approval or examination by solicitor .. .. .. .. ..	1	0	0
		to
		5	0	0"

7. In Appendix W, Part V:

(a) the fee of £l 0 0 in the third column of Table (1) (relating to Probates) shall be altered to £1 8 0.

(b) the fee of £2 18 0 in the fifth column of Table (3) (relating to Letters of Administration intestate) shall apply where the effects are sworn at or over £3,000 and under £50,000 and the fee of £4 14 0 where the effects are sworn at or over £50,000.

8. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1963.

EXPLANATORY NOTE

These Rules amend the Rules of the Superior Courts ( S.I. No. 72 of 1962 ).