S.I. No. 194/1977 - The Rules of the Superior Courts (No. 1), 1977.

S.I. No. 194 of 1977.

THE RULES OF THE SUPERIOR COURTS (NO. 1), 1977.

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 10th day of June, 1977.

THOMAS F. O'HIGGINS

THOMAS A. FINLAY

FRANK GRIFFIN

SEÁN DE BUITLÉIR

RONAN KEANE

PATRICK J. LINDSAY

THOMAS A. O'REILLY

MICHAEL P. HOULIHAN

I concur in the making of the annexed Rules of Court dated this 24th day of June, 1977.

PATRICK COONEY,

Aire Dlí agus Cirt.

1. In Order 61, rule 3 shall be deleted and the following rule substituted therefor:—

" 3. The appellant shall, within the said period of ten days from the date on which the judgment or order appealed from was pronounced,

( a ) in the case of appeals to the High Court sitting in Dublin lodge two copies of the notice of appeal,

( b ) in any other case one copy of the notice of appeal, indorsed with the date of service together with an affidavit of service with County Registrar of the County in which the case was heard, and shall, before the day named for the hearing of the appeal, lodge an attested copy of the judgment or order appealed from with the said County Registrar, together with, in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, a copy of all documents and exhibits received in evidence or used upon the said hearing or determination."

2. In Order 61, rule 4 shall be deleted and the following rule substituted therefor:—

" 4. In the case of appeals to the High Court sitting in Dublin, the County Registrar shall

( a ) indorse on the two copies of the notice of appeal the date of lodgment thereof and shall, within four days of the said date, transmit to the Central Office one of the said copies,

( b ) transmit to the Central Office, as soon as may be after he has received the same, a certified copy of the judgment or order appealed from, and

( c ) in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, the copy documents and exhibits and the affidavits (if any) lodged with him."

3. In Order 76, rule 6 shall be deleted and the following rule substituted therefor:—

" 6. All such proceedings (except notices to creditors) shall be written or printed or partly written and partly printed on paper measuring 210 millimetres by 297 millimetres or thereabouts, with a binding margin 45 millimetres wide: but no objection shall be allowed to any proof of debt, affidavit or proxy on account of its being written or printed on paper of any other size."

4. In Order 103, rule 3 shall be deleted and the following rule substituted therefor:—

" 3. All summonses, petitions, pleadings, notices, affidavits, orders and similar documents to be filed or lodged in the Office of the Registrar of the Supreme Court or in the Central Office shall be written on cream paper of durable quality weighing not less than 63 grammes per square metre and measuring 210 millimetres by 279 millimetres with binding margin 45 millimetres wide; and the complement to be written on such document shall not exceed four folios of seventy-two words in each page."

5. 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), 1977.

EXPLANATORY NOTE.

These Rules, which amend (i) Order 61, Rules 3 and 4 and (ii) Order 76, Rule 6 and Order 103, Rule 3 of the Rules of the Superior Courts 1962, provide (i) that, in the case of appeals to the High Court on Circuit, the requirement that two copies of the Notice of Appeal be lodged with the County Registrar and one copy be transmitted by him to the Central Office of the High Court be dispensed with; and (ii) that documents in bankruptcy matters and documents for filing in the Office of the Registrar of the Supreme Court and in the Central Office of the High Court shall be in the metric measurements prescribed and in the case of the latter shall be of a specified quality.