S.I. No. 124/2016 - Rules of the Superior Courts (Appeals from the Circuit Court) 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th March, 2016.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, 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), the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 25th day of April, 2015.

Susan Denham

Nicholas Kearns

William McKechnie

Peter Kelly

Michael Peart

Anthony Barr

Paul McGarry

Gerard Meehan

Stuart Gilhooly

Michael Kavanagh

Noel Rubotham

John McMahon

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

Dated this 3rd day of March, 2016.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 124 of 2016

RULES OF THE SUPERIOR COURTS (APPEALS FROM THE CIRCUIT COURT) 2016

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Appeals from the Circuit Court) 2016, shall come into operation on the 31st day of March 2016.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.

2. The Rules of the Superior Courts are amended by the substitution for rule 4 of Order 61 of the following rule:

“4.The Appellant shall, unless the Court shall otherwise direct, immediately prior to the commencement of the hearing of the appeal, lodge with the County Registrar or (in the case of an appeal to the High Court sitting in Dublin) the registrar a book of appeal containing copies of the pleadings (including particulars) and all other documents required for the hearing of the Appeal with a sufficient index, a true copy of which index shall have been previously furnished to every other party affected by the appeal. The appeal shall be set down by entering the same in the list of appeals and it shall come on to be heard according to its order in such list, unless the Court shall otherwise direct.”

/images/ls

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules amend Order 61, rule 4 of the Rules of the Superior Courts to require lodgment of a single book of appeal prior to the commencement of the hearing.