Practice Note 2 Trinity Term 2020 Kerry Circuit.
- A. County Registrar Lists:-
- 1. Family Law Call-over 10th June 2020.
- The Family Law dates and time slots for Trinity Term in Kerry have now all been assigned to cases on the Trinity Term Call-over list and all remaining cases on the call-over list returnable for the 10th June 2020 are now hereby adjourned to the Michaelmas Term Family Law call-over List at 10:30a.m. in Tralee Courthouse on Friday the 11th September 2020.
Note:-
a) If current social distancing guidelines are still in operation on 1st September 2020 the Michaelmas Term Family Law Day lists will be filled from emailed applications for hearing dates and time slots made by or on behalf of litigants appearing on the Michaelmas Term Call-over List prior to the 7th September 2020.
b) If any urgent matters arise in the interim or during Trinity Term then litigants/their practitioners should email Tralee Court office Family Law Department with details of the matter, its urgency, its projected required hearing time, the number of witnesses and whether or not the other side are consenting. We will then endeavour to find you a hearing date and time slot, if possible.
c) If practitioners settle any matters on the call-over lists which are not already listed and wish to rule them before the Circuit Court Judge during Trinity Term they should have the settlement reduced to writing, signed and witnessed by both parties and then exhibited in an affidavit sworn by one of the parties. Submit an emailed application to the Tralee Court Office Family Law Department to have the settlement ruled and we will endeavour to facilitate you. Litigants will not be required to attend in the Courthouse but should be nearby to come into the Courthouse, if called for, during the ruling. They should ideally remain in their cars in the carpark beside the Courthouse.
d) The email address for Tralee Court Office Family Law Department is:-
- The Civil hearing days and time slots for Trinity Term 2020 have now all been assigned to email applicants from the Trinity Term call-over list. Consequently, all remaining matters on the Trinity Term call-over Lists are hereby adjourned to the Michaelmas Term Call-over on Thursday the 10th September 2020 @ 10:30 a.m. at Tralee Courthouse.
Note:-
a) If current social distancing guidelines are still in operation on 1st September 2020 the Michaelmas Term Civil Law Day lists will be filled from emailed applications for hearing dates and time slots made by or on behalf of litigants appearing on the Michaelmas Term Call-over List prior to the 7th September 2020.
b) If any urgent matters arise in the interim or during Trinity Term then litigants/their practitioners should email Tralee Court office Civil Law Department with details of the matter, its urgency, its projected required hearing time, the number of witnesses and whether or not the other side are consenting. We will then endeavour to find you a hearing date and time slot, if possible.
c) If practitioners settle any matters on the call-over lists which are not already listed and wish to rule them before the Circuit Court Judge during Trinity Term they should have the settlement reduced to writing, signed and witnessed by both parties. Submit an emailed application to the Tralee Court Office Civil Law Department to have the settlement ruled and we will endeavour to facilitate you. Litigants will not be required to attend in the Courthouse but should be nearby to come into the Courthouse, if called for, during the ruling. They should ideally remain in their cars in the carpark beside the Courthouse.
d) The email address for Tralee Court Office Civil Law Department is:-
- The Civil hearing days and time slots for Trinity Term 2020 in Kerry have now all been assigned to email applicants from the Trinity Term call-over list. Consequently, all remaining cases on the Trinity Term call over list are hereby adjourned to the Michaelmas Term Call-over List on Wednesday the 9th September 2020 @ 10:30 a.m. at the Courthouse Killarney.
Note:-
a) If current social distancing guidelines are still in operation on 1st of September 2020 the Michaelmas Term Civil Law Day lists will be filled from emailed applications for hearing dates and time slots made by or on behalf of litigants appearing on the Michaelmas Term Call-over List prior to the 7th September 2020.
b) If any urgent matters arise in the interim or during Trinity Term then litigants/their practitioners should email Tralee Court office Civil Law Department with details of the matter, its urgency, its projected required hearing time, the number of witnesses and whether or not the other side are consenting. We will then endeavour to find you a hearing date and time slot, if possible.
c) If practitioners settle any matters on the call-over lists which are not already listed and wish to rule them before the Circuit Court Judge during Trinity Term they should have the settlement reduced to writing, signed and witnessed by both parties. Submit an emailed application to the Tralee Court Office Civil Law Department to have the settlement ruled and we will endeavour to facilitate you. Litigants will not be required to attend in the Courthouse but should be nearby to come into the Courthouse, if called for, during the ruling. They should ideally remain in their cars in the carpark beside the Courthouse.
d) The email address for Tralee Court Office Civil Law Department is:-
- I have made Orders in a number of matters appearing on this list on foot of emailed submissions over the last couple of weeks. Any and all remaining cases on this List are hereby adjourned to my Re-possession List on Thursday the 1st October 2020 @ 10:30 a.m. at the Courthouse, Tralee in the County of Kerry. This is in keeping with the Direction of The President of the Circuit Court to County Registrars and in keeping with Government mortarium on Re-possession Orders in response to the Covid 19 pandemic.
Note:-
a) If current social distancing guidelines are still in operation on the 1st September 2020 consent applications in respect of the Michaelmas Term Re-possession lists will be dealt with by emailed applications prior to the 23rd September 2020.
b) Contested matters will have to be assigned a specific hearing date, time slot and venue by the Tralee Court Civil Office in consultation with the County Registrar.
c) The Circuit Court Rules specify that all Applications must be adjourned on their first return date. Litigants, and in particular Defendants who are served with a Re-possession Application are obliged to swear, exchange and file a Replying Affidavit, prior to the first return date on the Application setting out the grounds of their Defence. All Defendants claiming to have a valid Defence should and must file their Replying Affidavit.
d) In addition to swearing, exchanging and filing their Replying Affidavit the Defendants are expected to make contact with their local MABS Office and meet with a representative of that office who will, free of charge, assist them in preparing a Standard Financial Statement and proposal for their Bank outlining how they will address their arrears.
- This will also show what they can afford to pay monthly in respect of their mortgage. If they expect the Court to grant them an extended adjournment to allow their proposals be considered and a repayment history in respect of their stated repayment capacity to be built up they should immediately commence payments of this sum and maintain it during negotiations.
If negotiations fail the Defendants should consider seeking Insolvency Court approval of their suggested Personal Insolvency Arrangement. If this fails they may wish to consider asking the Court not to make an Order for Possession in their individual case under the 2019 Conveyancing & law Reform Act provisions.
A Personal Insolvency Arrangement will allow a person whose current earnings does not meet their current outgoings to retain their dwelling-house while dealing with the unsustainable debts they cannot pay. It contrasts with bankruptcy where the Defendant would lose their house as well as any other assets they hold.
Free Legal Aid is available for a Court application against the refusal to approve a Personal Insolvency Arrangement. This is accessed through the Abhaile Scheme administered by MABS.
e) Plaintiffs who commence Re-possession proceedings for the first time or in existing cases before the Court where matters are still in dispute will be required to obtain, exchange and file in Court a Certificate of Current Open Market Value of any private dwelling-house subject to a Re-possession application as well as a Certificate of Open Market Value of that dwelling-house as at the date of issue of their proceedings.f) If any urgent matters arise litigants/their practitioners should email Tralee Court office Civil Law Department with details of the matter, its urgency, its projected required hearing time, the number of witnesses and whether or not the other side are consenting. We will then endeavour to find you a hearing date and time slot, if possible.
g) If practitioners settle any matters on the re-possession lists and wish to rule them before the County Registrar during Trinity Term or the Summer vacation they should have the settlement reduced to writing, signed and witnessed by both parties and then submit an emailed application to the Tralee Court Office Civil Law Department exhibiting the settlement to have the settlement ruled and I will endeavour to facilitate you.
h) The email address for Tralee Court Office Civil Law Department is:-
a) dermotsugrue@courts.ie, maryvarley@courts.ie, padraigburke@courts.ie
- This will also show what they can afford to pay monthly in respect of their mortgage. If they expect the Court to grant them an extended adjournment to allow their proposals be considered and a repayment history in respect of their stated repayment capacity to be built up they should immediately commence payments of this sum and maintain it during negotiations.
- This List is going ahead on the 22nd June 2020 at Tralee Courthouse commencing at 10:30 a.m. in the Circuit Courtroom.
There are 16 cases in this List. I will assign individual time slots of 15 minutes to each case in the List. However, if the parties to any case in this list wish to adjourn their case by consent please email me your request for same, with consent of your opposite number attached, and I will deal with same by email. All applications for adjournments should be made at least 7 days ahead of the 22nd June 2020. Specific time slots will then be assigned to all remaining cases in the list. Check the online List for your specific time slot. If a time slot of more than 15 minutes is required to deal with your case please indicate what length of time slot is required within the next 7 days and I will endeavour to accommodate you.
6. Family Law Case Progression List Killarney 23rd June 2020.- This List is going ahead on the 23rd June 2020 at Tralee Courthouse (i.e. Killarney Case Progression List sitting at Tralee Courthouse commencing at 10:30a.m. in the Circuit Courtroom.)
There are 17 cases in this List. I will assign individual time slots of 15 minutes to each case in the List. However, if the parties to any case in this List wish to adjourn their case by consent please email me your request for same, with consent of your opposite number attached, and I will deal with same by email. All Applications for adjournments should be made at least 7 days ahead of the 23rd June 2020. Specific time slots will then be assigned to all remaining cases in the list. Check the online List for your specific time slot.
If a time slot of more than 15 minutes is required to deal with your case please indicate what length of time slot is required within the next 7 days and I will endeavour to accommodate you.
7. Family Law County Registrar Motion list 25th June 2020.- This List is going ahead on the 25th June 2020 commencing at 10:30 a.m. at The Circuit Courtroom at Tralee Courthouse.
There are 25 cases in this list as of today. I will assign individual time slots of 15 minutes to each case in the list. However, if the parties have agreed on the Order to be made and/or have agreed to adjourn the Motion by consent please email me with details of same, with the consent of your opposite number attached, and I will deal with same by email. All applications for consent orders/adjournments should be made at least 3 days ahead of the 25th June 2020. Specific time slots will then be assigned to all remaining cases in the list. Check the online list for your specific time slot.
If a time slot of more than 15 minutes is required to deal with your case please indicate what length of time slot is required by close of business on the 21st June 2020 and I will endeavour to accommodate you.
If a Motion is contested, I Direct that a Replying Affidavit be sworn, exchanged and filed at least 48 hours ahead of the hearing time so that I may have an opportunity to read the pleadings ahead of the oral hearing.
8. Civil County Registrar Motion List 26th June 2020.- This List is going ahead commencing at 10:30 a.m. on Friday the 26th June 2020 at The Circuit Courtroom, Tralee Courthouse.
There are 42 Cases in the List as of today. I will assign an individual time slot of 15 minutes to each Case in the list. However, if the parties have agreed the Order to be made and/or are consenting to an adjournment of the Motion please email me with details of same, with the other parties written consent, and I will deal with same by email. All applications for a Consent Order/adjournment should be sent to me at least 3 days ahead of the 26th June 2020. Specific time slots will then be assigned to all remaining cases in the List. Check the online list for your specific time slot.
If a time slot of more than 15 minutes is required to deal with your case please indicate what length of time slot is required by close of business on the 22nd June 2020 and I will endeavour to accommodate you.
If a Motion is contested, I Direct that a Replying Affidavit be sworn, exchanged and filed at least 48 hours ahead of the hearing time so that I may have an opportunity to read the pleadings ahead of the oral hearing.
- The Family Law dates and time slots for Trinity Term in Kerry have now all been assigned to cases on the Trinity Term Call-over list and all remaining cases on the call-over list returnable for the 10th June 2020 are now hereby adjourned to the Michaelmas Term Family Law call-over List at 10:30a.m. in Tralee Courthouse on Friday the 11th September 2020.
- B. Circuit Court Judges Civil Lists Trinity Term Kerry 2020.
- All Civil Lists will be heard in Killarney Courthouse during Trinity Term 2020.
All Lists have now been posted on the Courts Service Legal Diary website.
All cases in these Lists have been assigned a specific day and time slot.
All cases are specially fixed and must be ready to proceed and commence at the time allotted.
If any contested cases are settled ahead of the assigned trial date please advise the Tralee Court Office immediately so that any freed-up Court time can be assigned to other cases awaiting a hearing slot on the “Back up Civil Waiting Lists”.
Email to:- dermotsugrue@courts.ie, maryvarley@courts.ie, padraigburke@courts.ie
- All Civil Lists will be heard in Killarney Courthouse during Trinity Term 2020.
- C. Circuit Court Judges Family Lists Trinity Term Kerry 2020.
- All Family Law Lists will be heard at Killarney Courthouse during Trinity Term 2020.
All Lists have now been posted on the Courts Service Legal Diary website.
All cases in these Lists have been assigned a specific day and time slot.
All cases are specially fixed and must be ready to proceed and commence at the time allotted.
If any contested cases are settled ahead of the assigned trial date please advise the Tralee Court Office immediately so that any freed up Court time can be assigned to other cases awaiting a hearing slot on the “Back-up Family Law Waiting List”.
Email to:- catherinegriffin@courts.ie, unadeady@courts.ie, padraigburke@courts.ie
D. Circuit Court Criminal Lists Trinity Term Kerry 2020.- a) Trinity Term Criminal Call-over scheduled for Tralee Courthouse at 10:30a.m. on Monday the 29th June 2020 will be held in the Circuit Courtroom, with Her Honour Judge Helen Boyle presiding.
b) All other Criminal Lists in Kerry for the 3 weeks commencing Monday the 22nd June 2020 will be held at Killarney Courthouse commencing daily at 10:30 a.m. before Her Honour Judge Helen Boyle.
c) The Criminal Lists for all days of the criminal sessions are posted on the Courts Service Legal Diary website. A specific time slot has been assigned to the cases listed on the 22nd June 2020.
- A daily call-over of the following days Killarney criminal lists will take place before Her Honour Judge Boyle at the end of each days sitting with the first such call-over being held on Monday the 22nd June 2020. Practitioners must arrange to be represented at these call-overs daily and ensure that their representative is fully instructed for the call-over.
Her Honour Judge Boyle will then assign appropriate time slots to each of following days cases. The parties must be in a position to proceed the following day and at the time allotted. All consultations/negotiations must have taken place ahead of the trial date and time.
d) Applications in respect of the Criminal Lists should be emailed to:- janeharrison@courts.ie, marystone@courts.ie, padraigburke@courts.ie , - A daily call-over of the following days Killarney criminal lists will take place before Her Honour Judge Boyle at the end of each days sitting with the first such call-over being held on Monday the 22nd June 2020. Practitioners must arrange to be represented at these call-overs daily and ensure that their representative is fully instructed for the call-over.
- All Family Law Lists will be heard at Killarney Courthouse during Trinity Term 2020.
- E. Circuit Court Criminal Lists Call-over of list for Michaelmas Term 2020.
- a) The Michaelmas Term Criminal call-over /remand date has been fixed for 10:30 a.m. on Monday the 5th October 2020 at The Circuit Courtroom at Tralee Courthouse.
- a) Social Distancing Guidelines must be complied with by all participants in Trinity Term Court Sittings.
b) Litigants and their representatives should arrive at The Courthouse immediately prior to the commencement of their case. You must ensure that the Court Registrar has your mobile phone numbers and email address prior to attending so that you may be contacted by them and advised that you are free to enter the courtroom for the hearing of your case.
c) Once your case has concluded you and all members of your party must vacate the Courthouse without delay, remove all your belongings and wipe your bench with the wipes provided to leave the benches ready for the next litigants legal team.
d) Killarney Courthouse and courtroom have been laid out by the Courts Service with designated ingress and egress and seating arrangements identified. Please respect same.
e) Numbers permitted in the Courtroom at all times is limited and witnesses are asked to remain outside the courtroom until called in to give evidence. If a witness needs to remain in Court to hear another witnesses evidence application for permission to do so must be obtained from the trial Judge before the witness is brought into the Courtroom.
f) Back up waiting Lists will be prepared for all areas of business and should time slots become vacant cases will be drawn from these waiting lists.
g) When emailing the Tralee Court Office in respect of any case a separate email should be used for each individual case, it should be copied to the opposite side and the full title and record number of the case should be set out on the “subject box” to facilitate GDPR compliance as well as ease of correspondence and a history of the application and response. Letters of Consent should be scanned and attached, where provided.
Dated 8th June 2020.
Padraig Burke,
County Registrar Kerry.