Order 58

Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)

1[1]. In this Order:

“the Act” means the Local Elections (Petitions and Disqualifications) Act 1974 (No. 8 of 1974);

“Local Election” has the meaning assigned to it by Section 1(1) of the Act;

“record”, and “transcript writer” each has the same meaning as in Order 67A.

2. A petition in the Court to question a local election shall be commenced by Civil Bill being an Election Civil Bill in accordance with Form 2M of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 3 to 6 thereof. Such petition shall be brought in the County in which is situate the principal office of the Local Authority to which the petition relates.

3. The plaintiff shall be the Petitioner and all persons who have been served with a copy of the Civil Bill pursuant to Section 4(1) of the Act shall be defendants.

4. All Election Civil Bills shall be served in accordance with the provisions of Section 26 of the Act and shall be subject to the same Rules as to filing as apply to all other categories of Civil Bill.

5. Each defendant/respondent shall within ten days of the service of the Civil Bill enter an Appearance and within a further ten days serve on the plaintiff/petitioner and file in the office a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

6. Save by special leave of the Court every proceeding under the Act shall be tried upon oral evidence.

7. [2] A record shall be made of the hearing of every proceeding under the Act by a person appointed by the Courts Service.

8.[3] Every appeal to the Court of Appeal under section 7(3) of the Act shall be by notice of appeal.

9.[4] (1) Every notice of appeal shall contain:

(a) the terms and provisions of the order of the Court appealed against, and

(b) the grounds of appeal.

(2) Every notice of appeal shall be in accordance with Form 38A of the Schedule of Forms, or such modification as may be necessary.

10.[5] The Rules of the Superior Courts relating to service and entry of an appeal to the Court of Appeal shall apply to service and entry of every appeal under section 7(3) of the Act.

11. [6] The appellant must lodge a copy of the notice of appeal with the County Registrar within 14 days of the date of the order appealed against.

12. [7] (1) The person responsible for the storage or custody of the record of the proceedings shall, at the Court’s or the County Registrar’s request, make available the record or any part thereof to the Court or the County Registrar, in such manner as is required.

(2) The transcript writer shall furnish to the Court or the County Registrar at the County Registrar’s request a transcript of the whole of the record of the proceedings or of such part thereof as the Court or the County Registrar may require. The transcript shall be typewritten or printed and certified by the transcript writer to be a complete and correct transcript of the whole of such record, or of the part required.

(3) The record shall contain the evidence, any objection taken in the course thereof, and the judgment of the Judge but shall not unless otherwise ordered by the Judge include any part of the speeches of Solicitor or Counsel.

(4) A party interested in an appeal may obtain from the County Registrar the whole or of any part of the transcript prepared for the purposes of the appeal, upon payment of the proper charges.

13. Every application for the opinion of the Supreme Court on any question of law arising at the trial of an action by virtue of the provisions of Subsection 1 of Section 23 of the Act shall be by way of consultative case stated.

14. Every consultative case stated shall be in accordance with Form 38C of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

15. Every consultative case stated shall be prepared by the party applying for same or by the party nominated by the trial Judge and shall be settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:

(a) A Summary of the relevant facts of the proceedings.

(b) The question of law arising at the trial upon which the opinion of the Supreme Court is sought.

16. The Rules of the Superior Courts relating to cases stated to the Supreme Court contained in Rule 2(2), of Order 59 thereof shall be adopted and apply to every consultative case stated herein.

17. (1) Every application to the Court for leave to withdraw an Election Civil Bill shall be by Notice of Motion in accordance with Form 38D of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 9 to 12 thereof.

(2) Copies of the two newspapers in which the notice of intention to apply to the Court for leave to withdraw the Election Civil Bill has been inserted in accordance with the provisions of Subsection 3 of Section 9 of the Act shall be lodged with the County Registrar immediately upon issue.

18. An Application to the Court under Subsection (3) of Section 13 of the Act may be made ex parte.

19. In every proceedings to which this Order applies the Judge may make all such Orders as to costs as may be just and reasonable having regard to the provisions of Section 21 and 22 of the Act.

[1] Order 58 rule 1 substituted by SI 354 of 2008, effective 1 October 2008.
[2] Order 58 rule 7 substituted by SI 354 of 2008, effective 1 October 2008.
[3] Order 58 rule 8 substituted by SI 85 of 2016, effective 25 February 2016.
[4] Order 58 rule 9 substituted by SI 85 of 2016, effective 25 February 2016.
[5] Order 58 rule 10 substituted by SI 85 of 2016, effective 25 February 2016.
[6] Order 58 rule 11 substituted by SI 85 of 2016, effective 25 February 2016.
[7] Order 58 rule 12 substituted by SI 354 of 2008, effective 1 October 2008.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 58

Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)

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