S.I. No. 256/2005 - District Court (Section 40, Civil Liability and Courts Act 2004) Rules, 2005

STATUTORY INSTRUMENTS

S.I. No. 256 of 2005

District Court (section 40, Civil Liability and Courts Act 2004) Rules, 2005

SI 256 of 2005

District Court (section 40, Civil Liability and Courts Act 2004) Rules 2005

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice Equality and Law Reform, make the following rules of court:-

1.  These rules may be cited as the District Court (section 40, Civil Liability and Courts Act 2004) Rules 2005.

2.  These rules shall come into operation on the 3rd day of June 2005 and shall be read together with all other District Court rules for the time being in force.

3.  The District Court Rules 1997 ( S.I. No.93 of 1997 ) are hereby amended by the insertion immediately following Order 61 of the following Order as Order 61A:

“Order 61A

Section 40 Civil Liability and Courts Act 2004 Requirements

1. (1)       A person referred to in section 40(3)(a) of the Civil Liability and Courts Act 2004 intending to attend any proceedings to which a relevant enactment (as defined in section 40(2) of the said Act) relates, for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) shall, prior to or at the commencement of the hearing of any such proceedings, identify himself or herself to the Court and apply for such directions as the Court may give under section 40(3) of the said Act.

(2)           On any such application, the Court

(a) if satisfied that the applicant is a person referred to in section 40(3)(a) of the Civil Liability and Courts Act 2004 and that the applicant intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and

(b) having heard any submission made by or on behalf of any party to the proceedings,

may allow the applicant to attend the proceedings (or any part of the proceedings) subject to such directions as the Court may give in that regard.

(3)           The Court may, of its own motion or on the application of any party or person, vary or modify any such directions given under section 40(3) of the Act during the course of the proceedings.

(4)           Where a party (in this sub-rule referred to as the “applicant”) wishes to be accompanied in court in any proceedings referred to in section 40(5) of the Act, by another person (in this sub-rule referred to as “the other person”) the applicant shall, unless the Court otherwise directs, complete a notice of application in the Form 61A.1, Schedule C and

(a) where the other party or parties have agreed to the accompanying of the applicant by the other person, the applicant shall lodge Form No. 61A.1 duly completed, with the Clerk prior to the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the applicant by the other person and for such directions as the Court may give under section 40(5) of the said Act, or

(b)  where the other party or parties have not agreed to the accompanying of the applicant by the other person, the applicant shall, by application to the Court in the Form No. 61A.1, on notice to the other party or parties, returnable not later than seven days prior to the date fixed for the hearing in such proceedings, apply to the Court to approve the accompanying of the party by the other person and for such directions as the Court may give under section 40(5) of the said Act.

On any such application, the Court having heard any submission made by or behalf of any other party to the proceedings, may allow the other person to attend the proceedings (or any part of the proceedings) subject to such directions as the Court may give in that regard.

(5)           The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under section 40(5) of the Act during the course of the proceedings.

(6)            An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the Civil Liability and Court Act 2004) for the purposes set out in section 40(8 of the said Act of 2004 shall be made by application to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.”

4 .  The Form numbered 61A.1 in the Schedule hereto shall be added to the Forms in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE

No. 61A.1

Schedule C O. 61A, r. 1(4)

In the matter of the ___________________________ Act 19 __________ (as the case may be and in the matter of section 40(5), Civil Liability and Courts Act 2004

Between ............................................................ ............................................................ . of

............................................................ .............................................. the Applicant

and ............................................................ ............................................................ ............

of ............................................................ .............................................. the Respondent

Request for Court’s permission to be accompanied by a person at the hearing of proceedings

TAKE NOTICE that the above-named * Applicant/Respondent will apply to the District Court sitting at ..............................on the ...............day of.................. 20.......

at...............a.m./p.m. for the Court’s permission to be accompanied by a person at the hearing of these proceedings and for directions.

1.         Name of party applying to be accompanied at

hearing ............................................................ .....................................................

.........................................* Applicant/Respondent

2.         Name and address of person who it is proposed will accompany the * Applicant/Respondent

............................................................ ............................................................ .....

............................................................ .......................................

3.         Relationship or connection of person referred to in paragraph 2 to * Applicant/Respondent (e.g. parent, brother/sister/family friend etc)

............................................................ ............................................................ .......

4.         I *have/*have not previously obtained the permission of the Court to be accompanied in these proceedings. (If permission has previously been granted give details of the person who was permitted to accompany

you)............................................................ ...........................................................

............................................................ .......................................

Dated the............day of............................200...

Signed:______________

* Applicant/Respondent

To: the * Respondent/Applicant

And the District Court Clerk at.........................

*delete as appropriate

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules set out the procedure to be followed in respect of;

(i) the preparation of reports of proceedings in accordance with section 40(3) of the Act;

(ii) applications by a party to be accompanied in court by another person on accordance with section 40(5) of the Act, and

(iii) applications by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings referred to in section 40(8) of the Act.