S.I. No. 138/1978 - Circuit Court Rules (No. 2), 1978.

S.I. No. 138 of 1978.

CIRCUIT COURT RULES (No. 2), 1978.

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 this 8th day of May, 1978.

Thomas J. Neylon

T. F. Roe

Hugh Geoghegan

P. Noel Ryan

Michael Moriarty

Michael T. Neary

Secretary

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

Dated this 11th day of May, 1978.

GERARD COLLINS,

Minister for Justice.

CIRCUIT COURT RULES (No. 2), 1978.

These Rules, which may be cited as the Circuit Court Rules (No. 2), 1978, shall come into operation on the 12th day of May, 1978. The Order referred to in these Rules as being amended, is that contained in the Rules of the Circuit Court, 1950.

Order 30

Rule 1

That Order 30 Rule 3 be amended to read as follows:

3. This Rule shall apply only to the Dublin Circuit. Ten days' notice of trial shall be necessary and sufficient and shall be served upon the defendant and all other necessary parties and filed at the Office. Such notice of trial and filing thereof shall operate to set down the action or matter (including a Counterclaim if any) for hearing upon the date of trial set out in the notice of trial or upon any day after the expiration of the date mentioned in such notice upon which the trial may come on in its order in the list.

Rule 2

That the Form of Notice of Trial set out hereunder shall be substituted for Form No. 15 in the Schedule of Forms to the Rules of the Circuit Court, 1950.

Form No. 15—Notice of Trial.
Between
A.B.		Plaintiff;
C.D.		Defendant.
Take notice of the Trial of this action (or of the issues ordered to be tried as the case may be) for the day of next at the Courthouse at
Dated the day of , 19
(Signed)	__________________________ Plaintiff
	or Defendant or his Solicitor.

EXPLANATORY NOTE.

These Rules, which come into operation on the 12th day of May, 1978, provide for the listing of a Civil Action on the date set out in the Notice of Trial and not on a day after the expiration of the time mentioned in such notice and also for deletion of reference to Trial by Jury in the Form of Notice of Trial.