S.I. No. 83/1955 - District Court Rules, 1955.

S.I. No. 83 of 1955.

DISTRICT COURT RULES, 1955.

The District Court Rules Committee, with the concurrence of the Minister for Justice, and in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1953, and of every and any other power them in this behalf enabling, make the following Rules :—

1. These Rules may be cited as the District Court Rules, 1955.

2. These Rules shall come into operation on the 1st day of June, 1955, and shall be read together with the Principal Rules, the District Court Rules (No. 2), 1948 ( S.I. No. 270 of 1948 ), and the District Court Rules (No. 3), 1948 ( S.I. No. 431 of 1948 ).

3. In these Rules " the Principal Rules " means the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ).

4. The following Rule shall be substituted for Rule 8 of the Principal Rules :

"8.—(1) An infant may sue by his next friend, and in such case there shall be lodged with the civil process or summons a written authority authorising the commencement and prosecution of the suit on behalf of the infant and the use of the name of such person as next friend signed by such person.

(2) Where any proceedings are brought before a Justice on behalf of or against an infant, the Justice may, if he shall think it expedient, at any stage of the proceedings, by an order in writing, appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any such next friend or guardian ad litem when appointed, and appoint another in his place, and the Justice may also direct any money or other personal property to which such infant may be declared entitled in such proceedings to be secured or invested for the benefit of such infant in such manner as the Justice shall consider advisable."

5. The following Rule shall be substituted for Rule 13 of the Principal Rules :

Enlargement and abridgement of times.

" 13.—(1) Subject to paragraph (2) of this Rule, the Justice may upon such terms as he thinks fit enlarge or abridge the time appointed by these Rules, or fixed by the Justice under this Rule, for doing any act or taking any proceeding, and any such enlargement may be made although the application for the same is not made until after the expiration of the time appointed or fixed. The Justice may declare anystep taken or act done to be sufficient even though not taken or done within the time or in the manner prescribed by these Rules. He may also at any time adjourn the hearing of any proceeding upon such terms as he thinks fit.

(2) The times limited by Rule 199 of these Rules for lodging a notice requiring a case stated and for entering into a recognizance conditioned to prosecute without delay such case stated shall not be capable of enlargement under paragraph (1) of this Rule."

6. In paragraph (4) of Rule 39, paragraph (4) of Rule 55, subparagraph (12) of Rule 60, subparagraph (4) of Rule 64, and Rule 90 of the Principal Rules " eight clear days " shall be substituted for " fifteen days " in all places where " fifteen days " occurs.

7. Rule 52 of the Principal Rules is hereby amended by the deletion of all matter after " the person served :—" and the substitution therefor of the following :

together with, where the summons is served outside the Metropolitan District and the circumstances make it reasonable, such further remuneration as the Justice in his discretion may allow at the hearing of the case."

8. Rule 82 of the Principal Rules is hereby amended by the substitution of " which a Justice has power to estreat " for " (other than a recognizance to appear at any Court other than a District Court) ".

9. The following Rule shall be substituted for Rule 84 of the Principal Rules :

" 84.—(1) Upon pronouncing his decision in a case the Justice shall enter concisely in his Minute Book or Charge Sheet the effect of such decision and shall sign the entry which shall then be taken to be the decision of the Court. The entry need not contain any necessary statutory consequences of a conviction.

(2) An Order shall be drawn up by a Justice when required and shall be signed by him and shall be retained by the Clerk. A certified copy of the Order (Form 20) or of the signed entry in the Justice's Minute Book or Charge Sheet furnished under Rule 85 of these Rules shall be prima facie evidence of the decision."

10. The following Rule shall be substituted for Rule 85 of the Principal Rules :

Copies of orders and documents.

" 85.—(1) Any person having a bona fide interest in the matter may, upon payment of the prescribed fee, obtain from the Clerk a copy of the Order and then or thereafter a copy of the signed entry made by the Justice in any case of summary jurisdiction in the Court Area of such Clerk.

(2) Any party thereto may, upon payment of the prescribed fee (if any), obtain from the Clerk a copy of any information, written complaint, deposition or note of evidence which is in his custody and was made or taken in any case in his Court Area, and of any Order or signed entry which is in his custody and was made by a Justice in the preliminary investigation of an indictable offence in the Court Area of such Clerk.

(3) Where a Justice is satisfied that a copy of any Order, signed entry or other document mentioned in paragraph 2 of this Rule which is in the custody of a Clerk is reasonably required by any person for the purpose of any legal proceedings, such Clerk shall, upon being so directed by such Justice and upon payment of the prescribed fee (if any), furnish a copy of such Order, signed entry or other document to such person.

(4) A copy of a deposition or note of evidence shall not be furnished by a Clerk under this Rule before the conclusion of the case in the District Court in which it is taken.

(5) A copy of an Order, signed entry or other document furnished under this Rule shall be certified by the Clerk to be a true copy of the original Order, signed entry or document as the case may be."

11. The following Rule shall be substituted for Rule 93 of the Principal Rules :

Grant of off-licences.

" 93. An application for the grant of a certificate for a licence to sell spirits or beer in retail quantities for consumption off the premises or an application for the grant of a certificate for a wholesale beer dealer's licence may be made at any sitting of the District Court for the Court Area in which the premises for which the licence is required are situated."

12. Rule 97 of the Principal Rules is hereby amended by the deletion, in paragraph (1), of " or for consumption off ".

13. Rule 101 of the Principal Rules is hereby amended by the substitution of the following paragraph for paragraph (2) thereof :

" (2) Every person applying for a certificate of transfer of an on-licence shall at least twenty-one days before the date of the Annual Licensing District Court give or cause to be given to the Clerk of the Court Area in which the licensed premises are situated and to the local Superintendent of the Garda Síochána a notice in writing giving the particulars specified in paragraph (1) of Rule 94 hereof.

The Clerk shall file and keep every such notice, and shall ten days at least before such Annual Licensing District Court make out a list of the names of all such applicants with their places of abode, and the location and description of the house or premises for which every such person shall desire to be licensed."

14. The following Rule shall be substituted for Rule 117 of the Principal Rules :

Time for entry.

" 117. The original of every Civil Process intended for entry for hearing shall be lodged by the plaintiff or his solicitor with the Clerk not more than fourteen clear days, and, in the Metropolitan District, not less than seven clear days and, elsewhere, not less than four clear days before the sitting of the Court to which such Civil Process has been made returnable."

15. Rule 165 of the Principal Rules is hereby amended by the substitution, in clause (i) of paragraph (5), of " fourteen " for " seven ".

16. In Rules 190, 192, 193, 194, 196 and paragraph (1) of Rule 199 of the Principal Rules " fourteen days " shall be substituted for " seven days " in all places where " seven days " occurs.

17. The following Rule shall be substituted for Rule 200 of the Principal Rules :

Preparation of case stated.

" 200. The Justice shall prepare and sign the case stated within six months from the date of lodgment of the said notice with the Clerk. To secure agreement between the parties as to the facts the Justice may, if he thinks fit, at any time within two months from the date of such lodgment, submit a draft of the case to or receive a draft from such parties. In the event of dispute between the parties as to the facts, such facts shall be found by the Justice."

18. The following Rule shall be substituted for Rule 203 of the Principal Rules :

Preparation of case stated.

" 203. When a Justice, whether at the request of any party thereto or without such request, shall refer any question of law arising in any case before him to the High Court for determination, he shall adjourn such case to the sitting of the District Court for the Court Area to be held next after the expiration of fourteen days from the day upon which the decision of the High Court shall have been given and shall as soon as may be, and within six months from the date of such adjournment, prepare and sign the case stated. To secure agreement between the parties as to the facts the Justice may, if he thinks fit, at any time within two months from the date of such adjournment submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Justice."

GIVEN this 25th day of March, 1955.

FREDERICK J. MANGAN, Chairman.

CATHAL Ó FLOINN.

DENIS P. O'DONOVAN.

LIAM PRICE.

W. G. FALLON.

PATRICK F. O'REILLY.

DERMOT P. SHAW.

PATRICK J. KERRIGAN.

I concur in the making of the foregoing Rules. Dated this 30th day of April, 1955.

JAMES EVERETT,

Minister for Justice.