S.I. No. 235/2009 - Circuit Court Rules (Sittings) 2009


S.I. No. 235 of 2009

CIRCUIT COURT RULES (SITTINGS) 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th June, 2009.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , by virtue of the powers conferred on 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, Equality and Law Reform, make the annexed Rules of Court.

Dated this 31 day of March 2009.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Shane Murphy

Gerard J. Doherty

Joe Deane

Noel Rubotham

Susan Ryan

Patricia Casey

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

Dated this 23rd day of June 2009.

Signed: DERMOT AHERN

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 235 of 2009

CIRCUIT COURT RULES (SITTINGS) 2009

1. These Rules, which may be cited as the Circuit Court Rules (Sittings) 2009, shall come into operation on the 24th day of July 2009.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2009.

3. Order 1 of the Circuit Court Rules is amended:

(i) by the substitution for rules 1 and 2 of the following:

“1. Sittings of the Court shall be held within each Circuit at such places and commence on such dates as may be from time to time fixed by order of the President of the Circuit Court in accordance with section 10(2) of the Courts of Justice Act 1947 , and at such times as the Judge of such Circuit shall from time to time direct and appoint. Notice of such sittings in every County, save Dublin, shall be published as soon as may be after the making of the order concerned in such manner as the President of the Circuit Court may, in accordance with section 10(2) aforementioned, direct.

2. Notice of Sittings in the Dublin Circuit shall set out the day of commencement and the day of termination of each Sitting. Provided that the President of the Circuit Court may extend any Sittings of the Circuit Court in the Dublin Circuit beyond the date of termination of that Sittings.”

EXPLANATORY NOTE

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

Circuit Court Rules (Sittings) 2009 dispense with the requirement, in Order 1 rules 1 and 2 of the Circuit Court Rules, respectively, for publication of notices of sittings of the Circuit Court outside Dublin in an Iris Oifigiúil and in a newspaper circulating in the county concerned, and for publication of sittings in Dublin in an Iris Oifigiúil.