Amendment to Order 102

S.I. No. 398 of 2006: District Court (Case Stated) Rules 2006

1. These rules may be cited as the District Court (Case Stated) Rules 2006.

2. These rules shall come into operation on the 25th day of August 2006 and shall be read together with all other District Court Rules for the time being in force.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) are hereby amended by the substitution for rule 12 of Order 102 of the following:

“12. Where a Judge grants an application pursuant to section 2 of the Act of 1857 or a request pursuant to section 52 of the Act of 1961, or decides pursuant to the said section 52 to refer, without request, a question of law to the High Court for determination, such Judge shall prepare and sign the case stated within six months from the date of the application, request or decision, and shall adjourn the proceedings from time to time pending the preparation and signature of the case stated, as he deems appropriate. To secure agreement between the parties as to the facts the Judge may, if he or she thinks fit, at any time within two months from the said date, submit a draft of the case to or receive a draft from such parties. In the event of a dispute between the parties as to the facts, such facts shall be found by the Judge.”