Schedule: B - Memorandum
Memorandum in relation to the issuing of civil bills
The applicable Rules in relation to the issuing of Civil Bills are contained in Order 11 of these Rules. The Circuit Court Rules Committee is desirous of having similar procedures applicable in the Circuit Court to those pertaining at High Court level whereby the originating document would issue from the Office and would be deemed to be issued at that time for the purpose of the Statute of Limitations, 1957. The achievement of this aim is prevented by section 7 of the Courts Act, 1964 which states that where a Civil Bill is served by registered post (and this is now the usual form of service), such Civil Bill is deemed to be issued as of the time of posting. The present Rules have been drafted in such a manner as retains a reference to the requirements of section 7 and specific reference to section 7 is retained in view of the very considerable adverse consequences which can follow lack of clarity in relation to the date of issue. However, section 7 precludes parity as between the Rules of the Circuit Court and the Rules of the Superior Courts and precludes a general rule whereby all Civil Bills are issued on a date certain, i.e., the date upon which they are issued in the Office. The Committee is also of the view that section 7 causes considerable uncertainty and confusion (which may result in actions becoming statute barred contrary to the expectations of the parties and their lawyers) as it provides for a different date of issue in certain circumstances, i.e., where the Civil Bill is served by registered post thus preventing uniformity. The Circuit Court Rules Committee therefore urges the repeal of section 7 of the Courts Act, 1964 as a matter of urgency.