S.I. No. 15/1975 - The Rules of the Superior Courts (No. 1) of 1975

S.I. No. 15 of 1975.

THE RULES OF THE SUPERIOR COURTS (NO. 1) OF 1975

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 22nd day of January, 1975.

Thomas F. O'Higgins

T. A. Finlay

Brian Walsh

Frank Griffin

Seán de Buitléir

Weldon R. Parke

Thomas A. O'Reilly

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

Dated this 22nd day of January, 1975.

PATRICK COONEY.

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (NO. 1), 1975.

1. Rule 2 of Order 36 shall be deleted and the following Rule substituted therefor:

"2 ( a ) Subject to the provisions of paragraph (b) of this rule, an application by any party for an order for the trial of any proceedings elsewhere than in Dublin may be made to a Judge at any time after the close of the pleadings by motion on notice to the other party or parties to such proceedings or, if such other party or parties consent thereto, by motion ex parte.

( b ) In the case of any proceedings which the parties are entitled as of right to have tried with a jury they may agree to have such proceedings so tried at any of the following venues—Cork, Limerick, Galway, Sligo, Dundalk, Kilkenny—and notice of trial may be served without prior application to the Court, and the matter may be set down for trial at such one of the said venues as may be so agreed. The notice of setting down for trial as aforesaid shall be accompanied by a letter of consent to trial at the agreed venue from the party or parties to whom the notice of trial is addressed."

2. 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. 1), 1975.

EXPLANATORY NOTE.

These Rules provide that, in the case of any High Court proceedings which the parties are entitled as of right to have tried with a jury, notice of trial at Cork, Limerick, Galway, Sligo, Dundalk or Kilkenny may be served without obtaining the leave of the Court, if both parties so consent.