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Circuit Court Rules
Amendment to: Order 5B
S.I. No. 358 of 2012: Circuit Court Rules (Actions for Possession and Well-Charging Relief) 2012
3. Order 5B of the Circuit Court Rules is amended:
(i) by the substitution for sub-rule (2) of rule 5 of the following sub-rule:
“(2) A defendant intending to defend proceedings to which this Order applies shall enter an Appearance in the Office in Form 5 in the Schedule of Forms within ten days of the service upon him of the Civil Bill and shall defend the plaintiff’s claim by filing a replying affidavit to the plaintiff’s affidavit setting out the defendant’s defence and serving a copy of that affidavit (and copies of any exhibits to that affidavit) on the plaintiff not later than four days before the return date.”
(ii) by the substitution for paragraph (e) of sub-rule (1) of rule 7 of the following paragraph:
“(e) where an appearance has not been entered or an affidavit in accordance with rule 5(2) setting out a defence has not been filed and delivered, make an order for possession in accordance with paragraph (xxxiii) or (xxxiv) of the Second Schedule to the Courts and Courts Officers Act 1995;”;
(iii) by the substitution for sub-rule (2) of rule 7 of the following sub-rule:
“(2) Where an affidavit setting out a defence has been filed in accordance with rule 5(2), the County Registrar shall transfer the Civil Bill, when in order for hearing, to the Judge’s list on the first opportunity.”, and
(iv) by the substitution for sub-rule (4) of rule 7 of the following sub-rule:
“(4) Evidence as to failure to enter an appearance or to file an affidavit within the time permitted by these Rules may be given by production of a certificate of non-appearance issuing from the Office or otherwise as the County Registrar permits.”
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