S.I. No. 149/1970 - Circuit Court Rules (No. 1), 1970.

S.I. No. 149 of 1970.

CIRCUIT COURT RULES (NO. 1), 1970.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred upon us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

DATED the 8th day of June, 1970.

Barra Ó Briain

J. C. Conroy

Thomas J. Neylon

James A. D'Arcy

Matthew Russell

Ernest J. Margetson

Michael T. Neary

Secretary.

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

Dated this 24th day of June, 1970.

DESMOND O'MALLEY,

Minister for Justice.

S.I. No. 149 of 1970.

CIRCUIT COURT RULES (NO. 1), 1970.

These Rules, which may be cited as the Circuit Court Rules (No. 1), 1970, shall come into operation on the fifth day of October, 1970, and shall be read and construed together with the Circuit Court Rules, 1950, as amended.

ORDER 61

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

1. In this Order "the Act" means the Local Government (Planning and Development) Act, 1963 .

"The Planning Authority" has the meaning assigned to it by Section 2 (2) of the Act.

2. All notices served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as notices served or proceedings taken in accordance with these Rules.

3. An appeal to the Circuit Court under Section 21 of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form I in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.

4. The appellant shall be the plaintiff and the Planning Authority shall be the respondent.

5. An application to the Court for an extension of time within which to make a claim for compensation under Part VI of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 2 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.

6. The Applicant shall be the plaintiff and the Planning Authority shall be the respondent.

7. In every action the Notice of Motion shall be served before filing, in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of the Circuit Court Rules, 1950, as amended by the Circuit Court Rules, 1954, and the Circuit Court Rules (No. 1), 1965.

8. Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be filed by the plaintiff in the Office not later than twenty-one days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.

9. This Rule shall apply only to the Dublin Circuit. Every Notice of Motion shall state the date upon which it is desired that the action shall be listed for hearing, and shall be filed by the plaintiff in the Office not later than twenty-one days before such date.

10. Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or, if none, by himself.

11. Upon the filing in accordance with these Rules of a Notice of Motion the County Registrar shall enter the same for hearing.

12. Every Notice of Motion shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of the service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon, or at any time thereafter, the Judge may make such order as to him shall seem just and reasonable.

13. If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Notice of Motion, serve on the plaintiff and any other parties a Defence in accordance with Form 3 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and such Defence shall be filed in the Office within seven days after the last service thereof.

14. Save by special leave of the Court, every action under the Act shall be heard upon oral evidence.

15. In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

SCHEDULE OF FORMS

ORDER 61

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 1.

APPEAL

.............................................Circuit					County of.........................................
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963
BETWEEN:
and
								Plaintiff
								Respondent
TAKE NOTICE that the above named Plaintiff of in the County of hereby appeals to the Court sitting at pursuant to Section 21 of the above Act against the provisions of a draft of (1) prepared by (2)

on the			day of					19 ,
for the area known as (3)
in the County of			particulars of which are hereinafter
set out.
AND TAKE NOTICE that the action is taken against the following provisions of the said (4)
AND TAKE NOTICE that the Plaintiff will rely on the following matters in support of the said action: (5)
AND TAKE NOTICE that the action will be listed for hearing by the
Court on the	day of ,						19 ,or on the
first available day thereafter.
Dated the		day of				, 19
Signed .......................				Plaintiff (or Solicitor for Plaintiff)
Address...............................
..............................
To: ..................................................
of ...........................................
the above named Respondent or Respondent's Solicitor.
and to: The County Registrar,
The Circuit Court Office,
(6)
......................................
County..................................

(1) Specify whether a proposed development plan or proposed variations of a development plan.

(2) Planning Authority.

(3) Area.

(4) Specify whether proposed development plan or proposed variations of a development plan and the particular provisions thereof appealed against.

(5) Set out matters relied upon.

(6) Specify town and County.

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 2. APPLICATION FOR EXTENSION OF TIME

....................Circuit			County of....................
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963
BETWEEN:							Plaintiff
and
							Respondent
TAKE NOTICE that the above named Plaintiff of in the County of hereby applies to the Court sitting at for an extension of the time within which to make a claim for compensation under Part VI of the above Act.
AND TAKE NOTICE that the Plaintiff will rely on the following matters in support of the said application:
(a) the provisions of Section (1)						of the above Act,
(b) (2)
AND TAKE NOTICE that the application will be listed for hearing
by the Court on the				day of ,		19 ,or on
the first available day thereafter.

Dated the		day of		,19 .
Signed..............................					Plaintiff (or Solicitor for Plaintiff).
Address..............................
......................................
To: ..................................................
of ...........................................................
	the above named Respondent or Respondents Solicitor.
and to: The Countn Registrar, Circuir Cotnt Office, (3) ..............................
Cout..............................

(1) Specify section.

(2) Set out grounds for extension of time.

(3) Specify town and County.

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 3.

DEFENCE

....................Circuit		County of....................
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963
BETWEEN:
and					Plaintiff Respondent
Defence of the Respondent (1)




Dated the			day of	19
Signed ..............................				Respondent (or Solicitor for Respondent)
To..............................
of ..............................
	the above named Plaintiff or Plaintiff's Solicitor)
and to:	The County Registrar, The Circuit Court Office,
	(2)..............................
	County ......................

(1) Here set out grounds of Defence in numbered paargraphs.

(2) Specify town and County.

ORDER 62.

LANDLORD AND TENANT (GROUND RENTS) ACTS, 1967.

1. In this Order "the Act" means the Landlord and Tenant (Ground Rents) Act, 1967 .

2. All notices served or proceedings taken, before these Rules shall have come into operation, in accordance with Section 22 of the Act and in accordance with the existing Rules and practice of the Court, shall have the same validity as notices served or proceedings taken in accordance with these Rules.

3. An appeal to the Circuit Court under Section 22(1) of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 1 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.

4. The appellant shall be the plaintiff and the other party to the arbitration under the Act shall be the respondent.

5. The Notice of Motion shall state whether the appeal is from the whole or part of the award, order or other decision of a County Registrar, and if the appeal is from a part only it shall specify such part.

6. An application to the Court under Section 22 (3) of the Act for leave to enforce the award or order of the County Registrar shall be commenced by the issue of a Notice of Motion which shall be in accordance with Form 2 in the Schedule of Forms to this Order, or such modification thereof as may be appropriate, and shall be called an action.

7. The applicant shall be the plaintiff and the other party to the arbitration shall be the respondent.

8. In every action the Notice of Motion shall be served before filing in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of the Circuit Court Rules, 1950, as amended by the Circuit Court Rules, 1954, and the Circuit Court Rules (No. 1), 1965.

9. Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.

10. This Rule shall apply to the Dublin Circuit. Every Notice of Motion shall state the date upon which it is desired that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before such date.

11. Upon the filing in accordance with these Rules of the Notice of Motion the County Registrar shall enter the same for hearing.

12. Every Notice of Motion shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon or at any time thereafter the Judge may make such order as to him shall seem right.

14. Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff, and shall be signed by his Solicitor, if any, or, if none, by himself.

15. Save by special leave of the Court every action under the Act shall be heard upon oral evidence.

16. A copy certified by the County Registrar of the award, order or decision appealed from or in respect of which an application is made shall be produced to the Court by the plaintiff on the hearing of the action.

17. In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

SCHEDULE OF FORMS

ORDER 62

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 1.

APPEAL

....................Circuit						County of ....................
LANDLORD AND TENANT (GROUND RENTS) ACT, 1967
BETWEEN:
			and				Plaintiff Respondent
TAKE NOTICE that the above named Plaintiff of
in the County of			hereby appeals to the Court sitting
at	pursuant to Section 22 of the above Act against
the (1) award/order/decision made by the County Registrar for the County
of	on the			day of
19 , in relation to the (2)			situate at
in the County of
A copy of the said (1) award/order/decision is annexed hereto.
AND TAKE NOTICE that the action is taken against the following terms and provisions of the said (1) award/order/decision :(3)
AND TAKE NOTICE that the plaintiff will rely on the following matters in support of the said action(4)
AND TAKE NOTICE that the action will be listed for hearing by the Court on the day of , 19 ,or on the first available day thereafter.
Dated the		day of			, 19.
Signed ..............................					Plaintiff(or Solicitor for Plaintiff)
Address............................................................
To: .......................................................
of ............................................................ .
the above named Respondent (or Respondent's Solicitor)
and to: The County Registrar, The Circuit Court Office,
(5)..............................
County ......................

(1) Inapplicable words should be deleted.

(2) Specify premises or property.

(3) Set out in full the appealed terms and provisions.

(4) Set out matters relied upon.

(5) Specify town and County.

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 2

APPLICATION FOR LEAVE TO ENFORCE AWARD ORDER

.................... Circuit					County of....................
LANDLORD AND TENANT (GROUND RENTS) ACT, 1967 .
BETWEEN:		and				Plaintiff Respondent

TAKE NOTICE that the above named
of		in the County of
will apply on the		day of				19 , at 11 a.m.
to the Court sitting at						in the County of
			pursuant to Section 22 (3) of the above Act for
leave to enforce the (1) award/order made by the County Registrar for
the County of		on the		day of
19 in relation to the (2)
situate at					in the County of
			, in the above entitled matter. A copy of the said (1)
award/order is annexed hereto.
Dated the		day of				, 19 .
Signed ..............................						(1) Plaintiff or his Solicitor.
Address............................................................ ......
............................................................ .....
To: ............................................................ ...............					(1) Respondent or his Solicitor.
of ............................................................ ............
	..........................................................
and to:The County Registrar, The Circuit Court Office,
(3)..............................
County......................

(1) Inapplicable words should be deleted.

(2) Specify premises or property.

(3) Specify town and County

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

FORM 3.

DEFENCE

....................Circuit				County of....................
LANDLORD AND TENANT (GROUND RENTS) ACT, 1967
BETWEEN:
and					Plaintiff Respondent

Defence of the Respondent (1)
delivered the			day of		19 , by
of
Solicitor for the Respondent.
Dated the		day of			, 19 .
Signed ..............................					Respondent/or Solicitor for Respondent.
To: ..........................................................
of ..........................................................
	the above-named Plaintiff or Plaintiff's Solicitor.
and to: The County Registrar, The Circuit Court Office,
(2).............................
County ........................

(1) Here set out grounds of Defence in numbered paragraphs.

(2) Specify town and County.

EXPLANATORY NOTE

These Rules, which come into operation on 5th October, 1970, prescribe the respective procedures and forms for appeals and applications to the Circuit Court under—

(a) section 21 and Part VI of the Local Government (Planning and Development) Act, 1963 , and

(b) section 22 of the Landlord and Tenant (Ground Rents) Act 1967 .