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Order 7

Third Party Procedure

THIRD PARTY PROCEDURE

ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

1. Where in any action a defendant claims as against any person not already a party to the action (in this Order called ‘‘the third party’’)

(a) that he is entitled to contribution or indemnity;

(b) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff;

(c) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and the third party or between any or either of them, the Court may give leave to the defendant to issue and serve a third party notice and may, at the same time, if it shall appear desirable to do so, give the third party liberty to appear at the trial and take such part therein as may be just, and generally give such directions as to the Court shall appear proper for having any question or the rights or liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.

2. The application for such leave shall be made by motion on notice to the plaintiff in accordance with Form 6C as set out in the Schedule of Forms attached hereto. Unless the plaintiff wishes to add the third party as a defendant, his attendance at the hearing of the motion shall not be necessary. If the plaintiff does attend he shall not be entitled to costs in respect of the motion except by special direction of the Court.

3. Application for leave to issue the third party notice shall, unless otherwise ordered by the Court, be made after the service of an Appearance and at any time prior to the trial of the action.

4. The third party notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and all information required to be set out in the indorsement of a Civil Bill as provided for in these rules and any directions of the Court given under Rule 1 hereof. The third party notice shall be issued and served in the same manner as in the case of a Civil Bill and shall be served within twenty-one days of the making of the Order unless otherwise directed by the Court. A copy of the Civil Bill and defence together with a copy of the Order joining the third party shall be served with the third party notice which said third party notice shall also be served upon the Plaintiff(s). Where the third party is joined as a defendant, an amended Civil Bill together with a copy of the Order joining the third party as a defendant shall be served upon all defendants by the plaintiff within twenty-one days of the making of the Order unless otherwise directed by the Court. Any amended defence of an original defendant to the proceedings shall be served upon the plaintiff within ten days from the date of service of the amended Civil Bill.

5. The third party shall, as from the time of service upon him of the third party notice, be a party to the action with the same rights in respect of defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant and shall be entitled to be served with all pleadings in the proceedings by the party filing and/or delivering same.

6. The third party notice shall call upon a third party to enter an appearance within a stated time after service (which shall not be less than ten days or other time limited for appearance by agreement of the parties or any order of the Court) to answer the claim of the defendant, and shall warn him of the consequences of failure to do so provided that the expiry of such time shall not entitle the Office to refuse to permit an appearance to be entered.

7. Where a third party enters an appearance, he shall deliver his defence within ten days from the date thereof or within such further period as may be allowed by the Court or consented to by the defendant(s) in the proceedings.

8. After the third party enters an appearance, and before the expiration of the time limited for the delivery of defence, he may, after serving notice of the intended application upon the plaintiff and all defendants, apply to the Court to vary any directions given by the Court under Rule 1 of this Order.

9. The Court may decide all questions of costs as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others or give such directions as to costs as the justice of the case may require.

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 7

Third Party Procedure

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