S.I. No. 409/2006 - Circuit Court Rules (Court Seal) 2006


S.I. No.409 of 2006

CIRCUIT COURT RULES (COURT SEAL) 2006

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 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 19th day of July, 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee

Patrick Hunt

Faye Breen

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 31st day of July 2006

Signed: Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.409 of 2006

CIRCUIT COURT RULES (COURT SEAL) 2006

1.  These Rules, which may be cited as the Circuit Court Rules (Court Seal) 2006, shall come into operation on the 28th day of August 2006.

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

3.        Order 4 of the Circuit Court Rules is amended by the substitution for Rule 1 of the following:

“1(1). The Court shall have for use in each County an embossing Seal or, in circumstances in which the Office has multiple locations, embossing Seals with an appropriate inscription, as directed by the Minister, specifying the name of the Circuit in connection with which it is to be used. Such Seal shall be placed and retained in the custody of the County Registrar. It shall not be necessary that any Decree, Order, Warrant or other document shall be signed by the Judge.

(2)        Every document requiring under any provision of statute or statutory instrument, rule of law or any other Order of these Rules to be issued under Seal of the Court shall be authenticated by the Seal of the Court impressed thereon and the signature of:

(a)  the County Registrar, or

(b)  such person, or one of such persons, as may, for such period as may be specified, be nominated for that purpose by the County Registrar.

(3)        Every document requiring authentication other than one referred to in sub-rule (1), and every Decree, Order and Warrant, shall be authenticated by the signature of:

(a)  the County Registrar, or

(b)  such person, or one of such persons, as may, for such period as may be specified, be nominated for that purpose by the County Registrar.”

EXPLANATORY NOTE

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

These Rules amend Order 4 rule 1 of the 2001 Rules to facilitate the processing of Court documents in a more efficient and expeditious manner.