S.I. No. 261/1974 - The Rules of the Superior Courts (No. 2) of 1974.


S.I. No. 261 of 1974.

THE RULES OF THE SUPERIOR COURTS (No. 2) OF 1974.

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 36, 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 24th day of May, 1974.

William O'B. Fitzgerald

Weldon R. C. Parke

Aindrias Ó Caoimh

Richard Johnson

Brian Walsh

Thomas A. O'Reilly

Frank Griffin

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

Dated this 29th day of May, 1974.

PATRICK COONEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 2), 1974.

1. Rule 3 of Order 109 as amended by R.S.C. (No. 5), 1964 shall be deleted and the following rule substituted therefor viz:—

"3. The party applying for an order under rule 1 or rule 2 shall pay the remuneration of the shorthand writer and said payment shall be borne by said party unless the Judge or the Master (as the case may be) shall after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so reported. If such certificate is given the remuneration of the shorthand writer for reporting the proceedings or part thereof to which the certificate relates shall be part of the costs in the cause."

2. Order 99 rule 36 (1) shall be deleted and the following substituted therefor:—

"(1) The fees to be allowed in respect of shorthand writers and transcripts of evidence in relation to business done after these Rules shall have come into operation shall be of such amount as to the Taxing Master seems reasonable."

3. In Appendix W, Part II shall be deleted.

4. 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), 1974.

EXPLANATORY NOTE.

These Rules prescribe court procedures in relation to the remuneration of shorthand writers, in amendment of the Rules of the Superior Courts.