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Chapter 2
Remote hearing of civil proceedings
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Remote hearing of civil proceedings
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11. (1) Subject to this section, a court before which civil proceedings may be heard may direct that any category or type of such proceedings shall proceed by remote hearing.
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(2) Without prejudice to the power of a court under subsection (1), and subject to this section, in any civil proceedings before it, a court may, of its own motion or on the application of any of the parties, direct that the proceedings concerned shall proceed by remote hearing.
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(3) A direction under subsections (1) or (2) may—
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(a) specify the electronic communications technology by which the proceedings are to proceed, and
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(b) include such ancillary or consequential directions as the court concerned considers appropriate.
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(4) In any relevant proceedings, where it appears to the court that the conduct of the proceedings in accordance with such a direction would be unfair to any of the parties or otherwise be contrary to the interests of justice, the court, of its own motion or on the application of any of the parties, and having heard the parties, shall, as the case may be—
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(a) direct that the direction under subsection (1) shall not apply in respect of the proceedings concerned, or
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(b) revoke the direction under subsection (2).
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(5) Without prejudice to the power of a court to conduct relevant proceedings by remote hearing in the absence of such rules, rules of court may make further provision for the conduct of relevant proceedings by remote hearing and, without prejudice to the generality of the foregoing, may make provision in relation to any or all of the following matters:
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(a) the means by which remote hearings are to take place;
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(b) the conduct of remote hearings;
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(c) the attendance of witnesses at remote hearings (including the compelling of such attendance);
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(d) the procedures by which a party or parties referred to in subsection (4) may object to the proceedings proceeding by remote hearing and the hearing and determination of such objections.
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(6) Where relevant proceedings are conducted by remote hearing—
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(a) the court shall have the same power, with any necessary modification, to make any orders (including orders for the attendance of witnesses and the production of documents) in respect of the conduct of the proceedings as may be made in respect of proceedings that are not so-conducted, and
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(b) a person who participates by remote hearing in the proceedings shall, in respect of such participation—
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(i) be deemed to be present at the proceedings concerned, and
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(ii) have the same immunities and privileges, and shall be subject to the same obligations and liabilities, as he or she would were he or she participating in proceedings that are not so-conducted.
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(7) A person who, in relation to relevant proceedings that are conducted by remote hearing—
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(a) with the intention of frustrating the participation by a person in the proceedings, interferes with or obstructs the electronic communications technology employed in the proceedings, or
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(b) makes, without the permission of the court, any recording of the proceedings,
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shall be guilty of an offence and shall be liable—
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(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or
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(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or both.
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(8) Proceedings for an offence—
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(a) under subsection (7), or
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(b) committed, whether under subsection (7) or otherwise, by a person in connection with his or her participation by remote hearing in relevant proceedings,
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may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.
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(9) Where a judge of the District Court or a judge of the Circuit Court conducts relevant proceedings by remote hearing, the judge concerned—
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(a) shall, for all purposes connected with the proceedings concerned, be deemed to be present at a sitting of the District Court or a sitting of the Circuit Court, as the case may be, whether or not the judge is present in the court in which the proceedings would, but for this section, be conducted, and
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(b) may, in relation to the district court district or circuit court circuit, as the case may be, to which he or she is assigned, exercise, in respect of the proceedings concerned, while in any place in the State, whether in or outside that district or circuit, as the case may be, any power for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court or Circuit Court, as the case may be, in that district or circuit.
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(10) This section applies to civil proceedings whether such proceedings are brought before on or after the commencement of the section.
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(11) The power of a court under subsection (1) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court.
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(12) In the interests of the administration of justice and the determination of relevant proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, the Chief Justice in the case of the Supreme Court, and the President of a Court in the case of any other Court, may issue practice directions in relation to the conduct of relevant proceedings before it.
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(13) A practice direction under subsection (12) may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the Chief Justice or, as the case may be, the President of the Court concerned, to be necessary or expedient for the purposes of the direction.
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(14) A practice direction shall be published in such manner as the Chief Justice or the President of the Court concerned may direct.
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(15) Nothing in this section shall be construed as operating to interfere with the power of a court under any enactment or rule of law to require or provide for civil proceedings to proceed by remote hearing, or to otherwise regulate the conduct of proceedings before it.
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(16) For the purposes of this section, a person participates by remote hearing in proceedings where he or she so-participates—
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(a) from a location other than the court itself, whether within the State or outside the State, and
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(b) by means of electronic communications technology.
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(17) In this section—
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“electronic communications technology”, in relation to a remote hearing, means technology that enables real time transmission and real time two-way audio-visual or audio communication that enables a person to participate in the hearing from a location other than the court itself;
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“part”, in relation to proceedings, includes—
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(a) any hearing in the proceedings, and
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(b) the participation of a particular person in the proceedings;
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“proceedings” includes a part of proceedings;
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“relevant proceedings” means proceedings that are the subject of a direction under subsection (1) or (2);
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“remote hearing” means a hearing in proceedings in which one or more of the participants participates—
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(a) from a location other than the court itself, whether within the State or outside the State, and
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(b) by means of electronic communications technology.
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