Topic: Certificates of readiness in civil proceedings
CC22 - Certificates of readiness in civil proceedings
The practice direction dated 27th February 2019 (CC21) is amended to include paragraph 1 (c) and otherwise remains in full force.
1. This Practice Direction applies to civil proceedings in the Dublin Circuit other than:
(a) proceedings to which Order 59 (Family Law) or Order 59A (Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) apply;
(b) proceedings in respect of which a case progression direction under Order 19A (Case Progression (General)) has been given:
(c) proceedings to which Order 5A (Personal Injuries Action) apply. (For the purpose of clarity Practice Direction CC05 applies to Personal Injuries Actions)
2. A Certificate of readiness to proceed to trial (in this practice direction “Certificate of Readiness”) shall be completed by the party/parties seeking to set the proceedings down for trial (in this practice direction “the party/parties seeking trial”) before a notice of trial, or a notice for the fixing of a date for trial, is lodged and served.
3. The Certificate of Readiness shall be in the form contained in the Schedule to this practice direction.
4. The party/parties seeking trial shall serve by letter or e-mail on the other party/parties a draft of the Certificate of Readiness and the parties shall consult with each other for the purpose of agreeing, within one month of such service, on the completion of the Certificate of Readiness accurately, particularly insofar as the duration of the trial is concerned.
5. A Certificate of Readiness shall:
(a) be signed by
(i) Counsel for the party/parties seeking trial,
(ii) where Counsel is not instructed, the solicitor for the party/parties seeking trial or
(iii) the party/parties seeking trial in person if unrepresented, and
(b) be filed in the Combined Court Office (Civil) with the notice referred to in paragraph 2.
6. Where the other party/parties, having been consulted in accordance with paragraph 4, have, without reasonable cause, failed to agree on the completion of the Certificate of Readiness within the period mentioned in that paragraph, the party/parties seeking trial may apply to the Judge in charge of the Civil List on notice to the other party/parties for an order authorising the filing of the Certificate of Readiness in accordance with paragraph 5.
7. A notice of trial or notice for the fixing of a date for trial shall not be accepted for filing unless accompanied by the Certificate of Readiness, duly completed and signed.
8. The provision of a Certificate of Readiness which is inaccurate as to one or more of the matters certified therein or a failure to cooperate in the consultation process referred to at paragraph 4 may result in the party/parties responsible incurring a liability for costs irrespective of the outcome of the proceedings.
9. This Practice Direction shall come into operation on the 1st day of April 2019.
Dated this 23rd day October, 2019
President of the Circuit Court
AN CHUIRT CHUARDA
THE CIRCUIT COURT
RECORD NO. DUBLIN CIRCUIT
Between Insert title of proceedings in full
CERTIFICATE OF READINESS
* I HEREBY CERTIFY as follows,
*the other parties herein having agreed on the contents of this certificate:
* having been authorised by order of the Court dated the 20 to file this certificate:
1. that the proceedings are ready for trial without the necessity for further motions or court listings;
2. *that it is proposed to call expert witnesses and that such witnesses have:
(a) carried out any necessary inspections;
(b) prepared and exchanged with each other their respective reports; and
(c) met with each other and considered those reports
* that it is not proposed to call expert witnesses;
3. that the hearing of this action will take [insert number] day(s).
Print underneath signature the name of signing Counsel/Solicitor/Litigant in person where unrepresented
*acting for the insert plaintiff/defendant/applicant/ respondent as appropriate
* the insert plaintiff/ applicant/defendant/respondent as appropriate in person
* delete one or other of the alternative texts identified by asterisk as appropriate.
NOTE: If it is not intended that reports be exchanged and/or experts meet an explanation should be provided in paragraph 2.
To: The Combined Court Office Manager
Combined Court Office (Civil)
Aras Uí Dhálaigh,