S.I. No. 360/1979 - Circuit Court Rules (No. 3) 1979.

S.I. No. 360 of 1979.

CIRCUIT COURT RULES (NO. 3) 1979.

WE, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred upon 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, make the annexed Rules of Court.

Dated this 8th day of October, 1979.

Thomas J. Neylon,

P. Noel Ryan,

T. F. Roe,

Michael Moriarty,

Ernest G. Margetson,

Gordon Holmes,

Hugh Geoghegan,

Michael T. Neary,

Secretary.

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

Dated this 8th day of November, 1979.

GERARD COLLINS,

Minister for Justice.

CIRCUIT COURT RULES (NO. 3) 1979 ( LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974 ).

These Rules which may be cited as the Circuit Court Rules (No. 3) 1979 shall come into operation on the 12th day of November, 1979. The Order referred to in these Rules shall be added to and shall be read and construed together with the Circuit Court Rules 1950, as amended.

Order 64.

LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974 , (NO. 8 OF 1974).

1. In this Order "the Act" means the Local Elections (Petitions and Disqualification) Act, 1974 (No. 8 of 1974). "Local Election" has the meaning assigned to it by Section 1 (1) of the Act.

2. All petitions served or proceedings taken before these rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as petitions served or proceedings taken in accordance with these Rules.

3. Proceedings in the Court to question a local election shall be commenced by the presentation to the Court of a petition in accordance with Form I in the Schedule of Forms attached to this Order, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 3 to 6 thereof.

4. The person presenting the petition shall be the Petitioner and all persons who have been served with a copy of the petitions pursuant to Section 4 (1) of the Act, shall be Respondents.

5. All petitions shall be served in accordance with the provisions of Section 26 of the Act and shall be subject to the same rules as to filing as a Civil Bill.

6. Each Respondent shall within twenty-one days of the service of the petition serve on the Petitioner and file in the office an Answer in accordance with Form II in the Schedule of Forms hereto, or such modification thereof as may be necessary.

7. Save by special leave of the Court every Petition under the Act shall be tried upon oral evidence.

8. The Court shall appoint a person to attend at the hearing of every petition, and where necessary, to make a report, and that person shall be known as the official stenographer.

9. Every appeal on a question of law to the Supreme Court by virtue of the provisions of subsection 3 of section 7 of the Act, shall be by way of Case Stated. A party desiring to appeal to the Supreme Court must lodge a Notice of Intention to appeal with the County Registrar within fourteen days of the date of the order appealed against. Such notice shall be in accordance with Form III of the schedule of Forms attached to this Order or such modification thereof as may be necessary.

10. Every appeal by way of case stated shall be in accordance with Form IV of the schedule of Forms attached to this Order, or such modification thereof as may be necessary.

11. Every appeal by way of case stated shall be prepared by the appellant, settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:

( a ) A Summary of the relevant facts of the proceedings.

( b ) The grounds of appeal.

12. The Rules of the Superior Courts relating to service and entry of an appeal to The Supreme Court (contained in Order 58 thereof), shall be adopted and apply to service and entry of every appeal by way of case stated herein.

13. (1) The official stenographer shall at the conclusion of the hearing of the petition, sign the shorthand note taken by him and certify the same to be complete and correct.

(2) On request by the County Registrar the official stenographer shall furnish to him a report comprising the original shorthand note and a transcript of the whole of such note or such part thereof as may be required.

(3) The transcript shall be typewritten and certified by the person making the same, whether the official stenographer or some other person, to be a complete and correct transcript of the whole or such part as may be required of the shorthand note taken by the official stenographer.

(4) The report of the official stenographer shall contain the evidence, any objection taken in the course thereof, and the judgment of the judge but shall not unless otherwise ordered by the judge include any part of the speeches of solicitor or counsel.

(5) A party interested in an appeal may obtain from the County Registrar a copy of the transcript prepared for the purposes of the appeal on payment of the proper charges.

14. Every application for the opinion of the Supreme Court on any question of law arising at the trial of a petition by virtue of the provisions of subsection 1 of section 23 of the Act shall be by way of consultative case stated.

15. Every consultative case stated shall be in accordance with Form V of the schedule of Forms attached to this Order, or such modification thereof as may be necessary.

16. Every consultative case stated shall be prepared by the party applying for same or by the party nominated by the trial Judge and shall be settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:

( a ) A Summary of the relevant facts of the proceedings.

( b ) The question of law arising at the trial upon which the opinion of the Supreme Court is sought.

17. The Rules of the Superior Courts relating to cases stated to the Supreme Court contained in Rule 2 (2), of Order 59 thereof shall be adopted and apply to every consultative case stated herein.

18. (1) Every application to the Court for leave to withdraw a Petition shall be by Notice of Motion in accordance with Form VI of the Schedule of Forms hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 9 to 12 thereof.

(2) Copies of the two newspapers in which the notice of intention to apply to the Court for leave to withdraw the Petition has been inserted in accordance with the provisions of subsection 3 of Section 9 of the Act shall be lodged with the County Registrar immediately upon issue.

19. An Application to the Court under subsection (3) of section 13 of the Act may be made exparte.

20. In every petition to which this Order applies the Judge may make all such Orders as to costs as may be just and reasonable having regard to the provisions of Section 21 and 22 of the Act.

Form I

Schedule of Forms.

Order...........................

An Chuirt Chuarda

(The Circuit Court)

.....................................Circuit.

County of....................................

Local Elections (Petitions and Disqualifications) Act, 1974 .

In the matter of the local election for ^(a) ....................................held on the day of ,19.

Between

___________________________________	Petitioner
and
___________________________________
___________________________________
___________________________________	Respondents

Petition

To the Circuit Court.

The humble petition of (b)............................................................ .....................................................

of................................................ in the County of............................................................ ................

whose name is subscribed showeth as follows:—

1. Your petitioner is a person who (c)

at the above election

2. The election was held on the day of 19

when (d)............................................................ ............................................................ ........................

were candidates and the Returning Officer has returned............................................................ ...........

as having been duly elected on the day of 19.

3. Your petitioner questions the above election on the following grounds:—

(e)

(A)

(B)

(C)

4. Your petitioner therefore prays that it may be determined that:—

(f)

(A)

(B)

(C)

And Take Notice that on the (g)....................................... day of........................................ 19 , this Petition will be entered in the Court list for mention to fix the date of the hearing hereof.

Dated this day of 19 .

Signed	________________________________
	Petitioner
Address	________________________________
	________________________________
	________________________________
	Solicitor for the Petitioner
Address	________________________________
	________________________________
	________________________________

To (h)

(a) State Area

(b) State name

(d) Set out names of candidate

(e) State grounds on which petitioner relies

(f) State remedy sought

(g) at least twenty-one days notice must be given

(h) Set out names and addresses of all persons to be served with petition. (Vide Sec 4 (4) of the Act)

	An Chuirt Chuarda (The Circuit Court)
	Form II
	............................Circuit		County of................................................
	Local Election (Petitions and Disqualifications) Act 1974
(A) State Area	In the Matter of The Local Election for (A)......................... held on the...................day
	of.................................. 19.
	Between			Petitioner
		and
				Respondent(s)
	Answer of:


				Respondent(s)
set out grounds of Answer	1.
	Dated this	day of	19 .
		Signed		Respondent(s)
			or
				Solicitor for
				Respondent
		Address

and	To:__________________
	Petitioner
	and The Country
	Registrar
	......................................
	County...................................

Form III
	The Supreme Court.
........................Court		County of..............................
In the Matter of The Local Elections (Petitions and Disqualifications) Act 1974 .
	________________
In the Matter of The Local Elections
for (A)....................................held on the day of 19.				(A)
Between				State area
			Petitioner
	and


	Notice of Intention To Appeal
	______________
TAKE NOTICE that the above named Appellant intends to appeal from the Judgment and Order of the Circuit Court dated the day of 19. The above named Appellant hereby applies to the Circuit Court to state and sign a case for the opinion of the Supreme Court herein and hereby undertakes to expedite the preparation and lodgement of the case stated herein.
		Dated this day of 19
	Signed		Appellant or Solicitorfor Apellant)
			Appellant or Solicitorfor Apellant)

	Address
To: G				(G)
_______				Set out name and addresses of all respondents
_______				Set out name and addresses of all respondents
_______	Respondents

	Form IV
		The Supreme Court
	.......................Circuit		County of........................
	In the Matter of The Local Elections (Petitions and Disqualifications) Act, 1974
		______________
	In The Matter of The Local Elections
(A)	for (A)......................................................held on the day of 19.
State Area		______________
	Between			Petitioner
		and


				Respondents
		Appeal By Way of Case Stated
		_____________
(B) State name of appellant and whether Petitioner or Respondent	TAKE NOTICE that the above named (B)................................ .....Appellant will on the expiration of four days of the service hereof or the next available opportunity thereafter, apply to This Honourable Court by way of Appeal from the Judgement and Order of The Circuit Court dated the day of 19 on the grounds hereunder set out.
(C)	And Take Notice that the following are the terms and provisions of the said Order(C)
Set out terms of Order
(D)	And Take Notice that the following are the grounds of Appeal(D)
Set out grounds of Appeal		Dated this day of 19
	Signed		(Appellant or Solicitor for Appellant)
			(Appellant or Solicitor for Appellant)

		Address

Form V	The Supreme Court
..............................Circuit		County of...........................
In the Matter of The Local Elections (Petitions and Disqualifications) Act 1974
	___________
In The Matter of The Local Elections
for (A)........................................held on the day of 19 .				(A)
	___________			State Area
Between			Petitioner
	and


			Respondents
	Consultative Case Stand
	___________
This is a case stated pursuant to the provisions of sub-sectin (1) of section 23 of Local Elections (Petitions and Disqualifications) Act 1974 by me(A) a Judge of the Circuit Court sitting at (B) in the County of (C)				(A) Set out name of Judge (B) State Town (C) State County (D) State whether Judge Petitioner or Respondent (E) Set out facts (F) Set Out Question of Law (G) Set Out submission of each
This case stated was requested by(D)
The following facts were proved or admitted before me during the bearing of the above entitled action on the day of 19 .
(E)
The opinion of the Supreme Court is sought on the following question of law(F)
The following are the submissions made to me by each party as to the correct interpretation on the said question of law:(G)
		Dated this day of 19
	Signed		Appellant or Solicitor for Appellant

	Address
To: (H)				(H)
_______				Set out name and addresses of all respondents
_______
_______	Respondents

	Form VI	An Chuirt Chuarda (The Circuit Court)
	...........................Circuit		County of...............................
	Local Elections (Petition and Disqualifications) Act 1974
(A) State Area	In The Matter of The Local Election for (A)............................................................ ..held on the day of....................................... 19 .
	Between			Petitioner
		and
				Respondent(s)
		Notice of Withdrawal of Petition
	Take Notice that at the sitting of the Court at 11 o'clock in the forenoon on the day of 19 , at in the County of , the above named Petitioner will apply for leave to withdraw the Petition herein Further Take Notice that any person may apply to the Court on the hearing of this application to be substituted for the above named Petitioner Which application will be grounded upon the affidavit of the above named Petitioner sworn herein on the day of 19 , the Petition dated the day of 19 , the answer delivered herein the nature of the case and the reasons to be offered.
			Dated this day of 19 .
		Signed		Petitioner or Solicitor for Petitioner
				Petitioner or Solicitor for Petitioner

		Address

(a)	To: (a)
Set out the names of all persons who wre served with the Petition.
(G)	To: (G)
Set out Name and Addresses of all respondents	_______
Set out Name and Addresses of all respondents	_______
_______	Respondents

EXPLANATORY NOTE.

These Rules prescribe Circuit Court Procedures in respect of petitions to the Circuit Court under Section 2 of the Local Elections (Petitions and Disqualifications) Act, 1974 .