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Court: High
Topic: Proceedings by special summons
Category: Family

HC11 - Family law - proceedings by special summons

At present under the Rules of the Superior Courts appellants to the High Court in Dublin in family law matters are required to lodge in court two books of appeal containing copies of the pleadings in the matters (Order 61 rule 4, inserted by S.I. No. 20 of 1989) and petitioners in nullity suits are required to lodge two books containing copies of the pleadings (Order 36 rule 24). It is proposed that the principle on which these Rules is based should be extended to al family law proceedings (as defined by Order 70A., inserted by S.I. No. 97 of 1990) commenced by special summons.

Accordingly, every plaintiff in family law proceedings commenced in the High Court by special summons should as soon as possible after the matter has been transferred from the master to the court lodge with the registrar in charge of family law matters two copies of a book of document containing copies of the summons, notices and replies thereto, affidavits (together with copies of all exhibits) and orders and a suitable index.

(1) Save in special circumstances, the master will not transfer a case into the judge's list unless satisfied that it is ready for hearing. If required he will make an order for discovery and will adjourn the matter until compliance with the order by both sides.

(2) Applications to adjourn or strike out listed cases should be made at the earliest possible opportunity. Such applications may be made at any time to a judge assigned to family law matters.

27 January 1993