S.I. No. 63/1967 - Rules of the Superior Courts (No. 1), 1967.


S.I. No. 63 of 1967.

RULES OF THE SUPERIOR COURTS (No. 1), 1967.

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 24th day of February, 1967.

Cearbhall Ó Dálaigh

Aindrias Ó Caoimh

Brian Walsh

William O'B. Fitzgerald

Geo. D. Murnaghan

John O'Leary

Samuel V. Kirwan

Thomas A. O'Reilly

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

Dated this 30th day of March, 1967.

BRIAN Ó LUINEACHÁIN

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1967.

1. Order 39, rule 44, shall be deleted and the following rule substituted therefor :

" 44. Where a commission rogatoire, or letter of request, as mentioned in rule 39, is transmitted to the Chief State Solicitor by the Minister for External Affairs with an intimation that it is desirable that effect should be given to the same withoutrequiring an application to be made to the Court by the agents in Ireland of any of the parties to the action or matter in the foreign country, the Chief State Solicitor may make such applications and take such steps as may be necessary to give effect to such commission rogatoire, or letter of request, in accordance with rules 39 to 43 (inclusive)."

2. Order 104, Rule 4(1) and 4(2) shall be deleted and the following rules substituted therefor :

" 4. (1) The several offices of the Supreme Court and of the High Court shall be open for public business on every day of the year except Saturdays, Sundays, Christmas Day and the seven next following days, St. Patrick's Day, Good Friday, Monday and Tuesday in Easter Week and the days duly appointed to be observed as public holidays.

(2) The hours during which such offices are open for public business shall be as follows:—

(a) during the sittings, from half past ten o'clock in the forenoon to half past four o'clock in the afternoon;

(b) during the Long Vacation, from half past ten o'clock in the forenoon to one o'clock in the afternoon;

(c) during other vacations, from half past ten o'clock in the forenoon to two o'clock in the afternoon."

3. Order 108, rule 4, shall be deleted and the following rule substituted therefor :

" 4. Unless directed by the Court or on consent a pleading shall not be delivered or amended during the Long Vacation."

4. These Rules shall be construed together with the Rules of the the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1967.

EXPLANATORY NOTE

These Rules amend the provisions of the Rules of the Superior Courts regarding the procedure for obtaining evidence for foreign tribunals, the times when the offices of the Supreme Court and High Court are open for public business and the delivery or amendment of pleadings during the Long Vacation.