Amendment to Order 40A

S.I. No. 599 of 2014: District Court (Personal Injuries) Rules 2014

1. (1) These Rules, which may be cited as the District Court (Personal Injuries) Rules 2014, shall come into operation on the 31st day of December, 2014.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2014.

2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

(i) by the substitution for sub-rule (1) of rule 3 of Order 40A of the following sub-rule:

“3. (1) Save where otherwise provided by these Rules or by an Act and subject to Order 41B and the Conventions to which it relates, a personal injuries summons must be filed with and issued by the Clerk assigned to the Court area:

(a) in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation, or

(b) at the election of the claimant, in which any tort alleged in the personal injuries summons is alleged to have been committed.”, and

(ii) by the substitution for sub-rule (2) of rule 13 of Order 40A of the following sub-rule:

“(2) The notice of motion must be filed with and issued by the Clerk assigned to the Court area:

(a) in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation, or

(b) at the election of the applicant, in which any tort to which the relevant claim mentioned in section 35 of the 2003 Act relates is alleged to have been committed.”