- Measures to be taken for Court hearings in the Circuit Court during the Covid 19 emergency will include the following:
The Courts Service will endeavour to introduce measures in all courthouses and courtrooms to ensure the safety of court users, jury members, practitioners, staff and Judges. These measures include:
- Social distancing will be actively monitored by personnel in the courtroom and courthouses.
- The provision of hand sanitisers in courtrooms and courthouses at all court entrances.
- Courtrooms, common areas and any other rooms used are to be cleaned and disinfected on a regular basis.
- The number of persons present in each courthouse at any given time will be monitored and regulated. This will include liaising with other jurisdictions sharing the courthouse and local management. The number of cases that can be heard in the courthouse will be dictated by the overall capacity of the building and the safety of staff and users.
- Screens will be provided in all courtrooms.
- The introduction of staggered hearing lists by the allocation of times and directions to practitioners and lay litigants to include instructions regarding what time to attend court and directions to leave the courthouse immediately after the hearing.
- Liaising with all relevant stakeholders as to how best to implement these measures and ensure safety and efficiency will take place both nationally and locally.
- Such further measures and public health guidelines that might be announced by the Government and NPHET.
Further measures to ensure same will be announced in due course.
2. Criminal Cases
- Jury Trials to resume in many venues in the Circuit Court in September 2020. There will be criminal sittings in Cork and Limerick for the duration of the Michaelmas Term. There will be extended criminal sittings in other venues if the assigned Judge feels it necessary. With regard to criminal matters which were adjourned before Easter and in the Easter Term and have been relisted for Trinity Term 2020, Michaelmas Term 2020 and Hilary Term 2021, on the Dublin Circuit defendants who are not in custody should attend on the adjourned date with their legal representative and if possible will be dealt with on that date. With regard to the other Circuits matters which were adjourned before Easter and in the Easter Term and given an adjourned date in Trinity Term 2020 and Michaelmas Term 2020 and where the defendants’ solicitors or the court advised the defendants they need not attend on the adjourned date if on bail, are excused from attending on that adjourned date and a hearing date will be given on that adjourned date. Details of the adjourned dates are set out in the Order of the President of the Circuit Court dated 6th day of April 2020. Whenever possible the appearance in court of the defendants in custody should be dealt with by video link. Defendants’ solicitors to advise the Court Office if their client need not be produced in court and can be dealt with by video link.
- District Court Appeals
Custody cases to proceed on the adjourned date.Non-custody cases will be listed for mention only on the adjourned date.Parties are requested not to attend.A new hearing date will be allocated and parties advised of same, except for the Northern Circuit where non-custody cases will be dealt with on the adjourned date, if possible.Parties will be advised further on the Northern Circuit.
A Judge will be available to hear all urgent applications.An application to hear all urgent applications can be made to the Court Office.
3. Family Law Cases & Motions
Family law matters adjourned since March 2020 will be given a hearing date by the Court Office as soon as possible.Consideration will be given to dealing with matters remotely where possible and appropriate.The Presiding Judge will decide which cases should be dealt with remotely. T
All trials and motions lists will be on a staggered/time slot basis. Parties are requested to attend no earlier than 5 minutes before their allocated time to ensure social distancing is adhered to. No ex-parte applications will be permitted. Urgent applications can be e-mailed to the appropriate Court Office, the office will ensure these matters are brought to the attention of the Judge. Trial dates will be allocated time slots based on the information furnished on the case management questionnaire lodged in the Court Office. Consideration will be given to dealing with matters remotely where possible and appropriate. The Presiding Judge will decide which cases should be dealt with remotely.
A Judge will be available to hear all urgent applications.
4. Civil Cases & Motions
- Hearings which were adjourned since March will be given a hearing date by the Court Office as soon as possible. All trials and motions lists will be on a staggered/time slot basis. Parties are requested to attend no earlier than 5 minutes before their allocated time to ensure social distancing is adhered to. No ex-parte applications will be permitted, urgent applications can be e-mailed to the appropriate Court Office, the office will ensure these matters are brought to the attention of the Judge. Trial dates will be allocated time slots based on the information furnished on the case management questionnaire lodged in the Court Office. Consideration will be given to dealing with matters remotely where possible and appropriate. The Presiding Judge will decide which cases should be dealt with remotely.
- Personal Insolvency Matters: Applications for Protective Certificates, Debt Relief Notices, Approval of Debt Settlement Arrangements or Personal Insolvency Arrangements which were previously adjourned will be rescheduled by the Court Office as soon as possible and dates published on the Courts Service website.
Parties however must confirm through the Insolvency Service of Ireland that the information provided to the court remains valid or inform the Court Office that an adjournment is required for the purpose of updating same. New applications will be listed in the usual way.
Contested matters whether previously adjourned or newly issued will be allocated dates by the office which will be published on the Courts Service website.
The court will, on a temporary basis, accept consent adjournment applications by e-mail provided the court is satisfied that all parties are consenting and are in agreement.
In all cases consideration will be given to dealing with matters remotely where possible and appropriate. The Presiding Judge will decide which cases should be dealt with remotely.
A Judge will be available to hear all urgent applications.
Further measures to allow the maximum number of cases to progress will be implemented in consultation with all relevant stakeholders subject ultimately to safety considerations.