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Circuit Court Rules

Order: 5

Commencement of proceedings

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No5-S.I. No. 542 Of 2004: Circuit Court Rules (Personal Injuries Assessment Board) 2004
No5-S.I. No. 312 Of 2007: Circuit Court Rules (General) 2007
No5-S.I. No. 597 Of 2014: Circuit Court Rules (Lugano Convention And Maintenance Regulation) 2014
No5-S.I. No. 618 Of 2015: Circuit Court Rules (Jurisdiction And The Recognition And Enforcement Of Judgments In Civil Or Commercial Matters) 2015
No5-S.I. No. 201 Of 2017: Circuit Court Rules (Personal Injuries Assessment Board Act 2003) 2017
No5-S.I. No. 499 Of 2017: Circuit Court Rules (Jurisdiction) 2017
No5-S.I. No. 378 Of 2018: Circuit Court Rules (Service) 2018

    1. Civil proceedings in the Court shall, unless otherwise provided by Statute or by these Rules, be instituted by the issue of a Civil Bill, which shall be in the appropriate form in accordance with the Schedule of Forms to these Rules (being Forms 2A to 20), or such modification thereof as may be suitable and shall state such facts as may be necessary to show the jurisdiction of the Court.

    2. Civil Bill Ejectments on the title and Civil Bills issued for the purpose of establishing questions of title to land, other than ejectments for overholding or for non-payment of rent, shall be headed "Title Jurisdiction" and shall contain such statement of the Poor Law Valuation or rent (as the case may be) as shall show jurisdiction. At the hearing of any such case the plaintiff may be required to produce a map of the lands.

    3. Subject to Order 8, the Civil Bill shall state:C

    (a) the given or first name, surname, occupation and residence or place of business of the plaintiff.

    (b) the surname of the defendant, his residence or place of business, and, where known, his given or first name and his occupation, and, if the defendant is sued in a representative capacity, the capacity in which he is sued.

    4. The Civil Bill shall call upon a defendant to enter an appearance within a stated time after service (which shall not be less than ten days or other time limited for appearance by agreement of the parties or any order of the Court) to answer the claim of the plaintiff, and shall warn him of the consequences of failure to do so provided that the expiry of such time shall not entitle the Office to refuse to permit an appearance to be entered.

    5. Every Civil Bill shall be signed by the plaintiff, or by his Solicitor, and shall be endorsed with particulars of the plaintiff's demand:C

    (a) stating the nature, extent and grounds thereof, full particulars of all items of special damage being claimed and the relief sought and, where it is a money claim, the amount thereof and the rate and amount of interest (if any) claimed. If, in the first instance, the plaintiff desires an account to be taken, that fact shall be stated, together with the specific amount (if any) which the plaintiff claims to be subject to that account;

    (b) where there is more than one claim, stating like particulars of each claim to those in paragraph (a), and the relief sought in respect of each;
    (c) stating the abandonment of any part of a claim, if the plaintiff desires abandonment in order to bring the claim within the jurisdiction;

    (d) where the plaintiff sues in a representative capacity, stating the capacity in which he sues; and

    (e) where the plaintiff sues as assignee, stating the name, address and description of the assignor at the date of the assignment, and the date of such assignment.

    6. Whenever the plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, or notice thereof, out of the jurisdiction, or for substituted or other service, or declaring service effected sufficient, or any notice by advertisement of the issuing of the Civil Bill, shall be in accordance with a Schedule of fees to be determined by the County Registrar for the County of the City of Dublin from time to time.

    If there are more defendants than one, the above amounts may be increased by a reasonable sum for each additional defendant served.

    7. Where, by any Statute not mentioned in these Rules, proceedings are authorised or directed to be taken in the Court, such proceedings shall be commenced by Civil Bill.

    8. The Consent prescribed by Section 48(1) of the Principal Act, as amended, 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 hereto, 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 48 of the Principal Act 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.

    10. Where proceedings are commenced in the Circuit Court on the basis of jurisdiction derived from the 1968 Convention the Civil Bill shall before issue be indorsed:
    (a) with a statement that the Court has power under the 1998 Act to hear and determine the action, cause or matter, and specifying the particular provision or provisions of the 1968 Convention under which the Court should assume jurisdiction; and

    (b) a statement that no proceedings between the parties concerning the same cause of action is pending between the parties in another contracting state; and

    (c) the facts which are relied upon to show jurisdiction and venue.