S.I. No. 119/1992 - District Court (Small Claims Procedure) Rules, 1992.

S.I. No. 119 of 1992.

DISTRICT COURT (SMALL CLAIMS PROCEDURE) RULES, 1992.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—

1. These Rules may be cited as the District Court (Small Claims Procedure) Rules, 1992.

2. These Rules shall come into operation on the 29th day of May, 1992 and shall be read together with all other District Court Rules for the time being in force.

3. Every Small Claims Registrar (as defined in the District Court (Small Claims Procedure) Rules, 1991 ( S.I. No. 310 of 1991 )) or any District Court Clerk designated by him shall have power to take affidavits and affirmations in claims processed through the Small Claims Procedure.

4. No fee shall be payable by a claimant in respect of any affidavit or affirmation made by him before such Registrar or Clerk in relation to a claim, or for the purpose of obtaining a decree, under that procedure.

5. The provisions of the Interpretation Act, 1937 shall apply to these Rules.

GIVEN this 31st day of January, 1992.

PETER SMITHWICK, Chairman,

P. J. BRENNAN,

GERARD P. GRIFFIN,

JOHN P. CLIFFORD,

JOHN CARAVAN,

JOHN P. BROPHY,

SÉAMUS S. Ó CATHASAIGH.

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

Dated this 22nd day of May, 1992.

PÁDRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 29th May, 1992, empower a Small Claims Registrar (or District Court Clerk designated by such Registrar) to take affidavits and affirmations in claims processed through the Small Claims Procedure and furthermore provide that no fee shall be payable by a claimant in respect of any affidavit or affirmation made before a Small Claims Registrar or designated District Court Clerk by such claimant under the Small Claims Procedure.