S.I. No. 29/1965 - Rules of the Superior Courts

S.I. No. 29 of 1965.

RULES OF THE SUPERIOR COURTS

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 3rd day of December, 1964.

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

Dated this 8th day of February, 1965.

BRIAN LENIHAN

Minister for Justice

RULES OF THE SUPERIOR COURTS (No. 5) 1964

1. The following additional Order shall be inserted immediately after Order 75, viz:

" ORDER 76A.

REGISTRATION OF BUSINESS NAMES ACT, 1963

1. In this Order " the Act " means the Registration of Business Names Act, 1963 , and " the Minister " means the Minister for Industry and Commerce.

2. Every application under section 5 (3) of the Act shall be made by special summons.

3.—(1) Every appeal under section 14 (1) of the Act shall be brought by petition which shall be presented within twenty-one days after the person seeking registration has received notice of the Minister's refusal to permit registration.

(2) A copy of the petition shall be served upon the Minister.

(3) As soon as the petition has been presented, the petitioner shall apply to the Court for directions as to the proceedings to be taken, and on the hearing of such application the Court may make such order as to the publication of notice of the petition and of the day on which it is to be heard and give such other directions as it may think fit."

2. In Order 79, the following additional rule shall be inserted immediately after rule 90, viz:

" 90A. Every Application (other than an ex parte application) in probate causes and matters may be made by motion on notice to any party affected thereby."

3. Order 109 shall be deleted and the following Order substituted therefor, viz:

" ORDER 109

SHORTHAND REPORTING

1. At the trial or hearing of any cause or matter with oral evidence, any party may apply to the Judge for an order that the proceedings be reported by a shorthand writer and thereupon the Judge shall appoint a shorthand writer who shall take a note of—

(a) the oral evidence;

(b) in case of an action tried by a Judge and jury, the Judge's charge and directions to the jury, and the submissions and requisitions made to the Judge and his rulings thereon;

(c) in any case tried by a Judge without a jury, the Judge's judgment (unless it be a written judgment).

2. At the hearing of any inquiry as to damages or other proceedings by the Master with oral evidence, any party may apply to the Master for an order that the proceedings be reported by a shorthand writer and thereupon the Master shall appoint a shorthand writer who shall take a shorthand note of the oral evidence and the Master's judgment (unless it be a written judgment), and Order 36, rule 43 shall not apply in such case.

3. The party applying for an order under rule 1 or rule 2 shall pay the remuneration of the shorthand writer unless the Judge or the Master (as the case may be) shall immediately after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so reported. If such certificate is given the remuneration of the shorthand writer for reporting the proceedings or part thereof to which the certificate relates shall be part of the costs in the cause.

4. The Judge shall have power, during the course or at the conclusion of the trial or hearing, to direct that copies of the shorthand writer's transcript of the evidence or any part thereof be furnished to him at the public expense or be furnished to any party applying therefor at the expense of that party.

5. The original shorthand note shall in all cases be lodged in the proper office.

6.—(a) In case of an appeal, only such part of the shorthand note as the parties agree to be relevant shall be transcribed and be included in the books of appeal to be lodged by the appellant pursuant to Order 58, rule 12. Any party may, however, cause any additional part of the shorthand note to be transcribed and included with the books of appeal, but shall not be allowed the expenses of such transcript or of making copies thereof as part of any costs awarded to him unless the Supreme Court shall immediately after the appeal certify that in its opinion it was expedient or desirable that the transcript of such additional part of the shorthand note should have been lodged with the books of appeal.

(b) The Supreme Court shall have power, on the application of any party or without any such application, before or during the hearing of an appeal, to direct that any part of a shorthand note which has not been included in the books of appeal be transcribed and included therewith.

(c) The original transcript shall be lodged in the Office of the Registrar of the Supreme Court."

4. Order 68, rule 18, and the form therein referred to, shall be deleted.

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. 5) 1964.

EXPLANATORY NOTE

These Rules prescribe court procedures relating to the Registration of Business Names Act, 1963 , probate matters, shorthand reporting and Revenue, in amendment of the Rules of the Superior Courts.