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Circuit Court Rules

Amendment to: Order 5
S.I. No. 312 of 2007: Circuit Court Rules (General) 2007


1. These Rules, which may be cited as the Circuit Court Rules (General) 2007, shall come into operation on the 20th day of July 2007.

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

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6 Order 5 of the Circuit Court Rules is amended by the substitution for Rules 8 and 9 of the following—

      “8. The Consent prescribed by Section 22(1)(b) of the Courts (Supplemental Provisions) Act 1961 which provides for the enlargement of the jurisdiction of the Court by consent of the parties shall be in the form set forth in Form 1 of the Schedule of Forms, and shall be lodged with the County Registrar either before or at any time during the hearing.

      9. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action, cause or matter with costs, unless the Consent prescribed by Section 22(1)(b) of the Courts (Supplemental Provisions) Act 1961 has been signed. Whenever an action, cause or matter is instituted which the court has not jurisdiction to try and determine, if the want of jurisdiction relates to venue and appears on the face of the originating document, the Court may transfer the action, cause or matter to the appropriate circuit or may strike out the action, cause or matter with costs as it considers appropriate.”