Litigation

Witnesses

Competence and Compellability Generally, any person is competent to give evidence provided he has the ability to give an intelligible account of the matters concerned. Historically, the test of competence was whether the witness was in a position to understand the nature and consequences of the oath.… Read the rest

Various Limitation Periods

Limitation Periods Nothing in this Act affects any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise. Any claim by way of set-off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.… Read the rest

Trial, Witnesses and Order

The Trial In absence of agreement between the parties and/or their solicitors, the witnesses at the trial are to be examined verbally and in open Court. The Judge may at any time for reasons as he thinks right, order that any particular fact shall be proved by affidavit or that the affidavit of any witness may be read at the hearing on such conditions as the Judge thinks reasonable.… Read the rest

Trial Overview

Overview Under the legal system, the trial is the ultimate method of deciding disputes. There are two aspects to the decision at trial. The first involves a determination of what the relevant facts of the case are.… Read the rest

Trial Management

Place, mode and sequence of trial The Court may in any cause or matter, at any time or from time to time order: that different questions of fact arising therein be tried by different modes of trial; that one or more questions of fact be tried before the others; that one or more issues of fact be tried before any other or others.… Read the rest

Trial Arrangements

Place of Trial All proceedings in the High Court are to be tried at the Four Courts, Dublin, unless otherwise provided by the Rules. Subject to this an application by any party for a direction that the trial of any proceedings other than those mentioned below, should take place at a particular venue may be made to a Judge promptly after the close of pleadings and in any event not later than three months prior to the date fixed for trial by motion.… Read the rest

Trial & Judgment

Witness Summons A party desiring the attendance of any person to give evidence or produce any books, papers or documents in Court, may apply to the Clerk for a witness summons requiring the person to attend at the place and time specified for the hearing.… Read the rest

Third Party Procedure

Third Party Notice Where a defendant in an action claims as against a person who was not a party to the action that he is entitled to contribution or indemnity or that he is entitled to any relief or remedy related to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant or that a question or issue relating to or connected with the subject matter is substantially the same as that arising in the action and should properly be determined not only between the claimant and defendant but also between the claimant defendant and third party or any of them; the court may give leave to the defendant to issue a third party notice.… Read the rest

Third Party Discovery

Ancillary Discovery Ancillary discovery is a modern development of older equitable principles whereby a third party might be made a party to proceedings substantially for the purpose of discovery. It goes much further than bringing in the third-party as a witness or in summoning him as a witness to produce documents. … Read the rest

Third Parties

Joining a Third Party The rules of court provide a procedure by which a defendant may join another party to the action as a third party. This may be done where the defendant claims against the third party, that he is entitled to either a contribution towards damages to the claimant or to a complete indemnity.… Read the rest