Circuit Court

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

Service

Duration of Civil Bill A Civil Bill is in force for 12 months. If it is not served within this time, the plaintiff may apply before its expiration to the County Registrar for leave to renew the Civil Bill. … Read the rest

Pre-Trial CC

Offers and Lodgements In common with the other courts, the Circuit Court has a procedure by which a defendant can make a formal offer of money in settlement of proceedings. The settlement offer monies must be lodged in Court..… Read the rest

Parties

Claimant Issues Where the claimant sues in a representative capacity, this must be stated. Where he sues as assignee, the name of the assignor and the date of the assignment must be set out. All persons may be joined in one action as claimant in whom any right to relief in respect of or arising out of the same transaction is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions, any common question of law or fact would arise. … Read the rest

Organisation CC

Circuit Court Sittings Sittngs of the Circuit Court are to be held at places within each Circuit as may be prescribed, at such times as the Judge of such Circuit shall from time to time direct and appoint. … Read the rest

Jurisdiction

General The Circuit Court has jurisdiction in a wide variety of matters. Unlike the High Court, it does not have complete powers in all matters. It can only hear matters that are specifically within its jurisdiction.… Read the rest

Discovery & Information

Further Particulars Any party to a proceedings may also, within the above time limits, by notice in writing require the other party to furnish such information as is reasonably necessary as to any specified matter arising upon a claim in a Civil Bill or a Defence or Counterclaim. … Read the rest

Defence CC

Appearance If the defendant intends to defend a Civil Bill or other proceeding, he shall enter an appearance in the Circuit Court Office in the prescribed form. The Form is to be lodged with or sent by post to the County Registrar so as to reach the Office before the expiration of the time limited for appearance. … Read the rest

Default Orders

Judgments in default for liquidated demands Where the claimant’s claim is for a debt or liquidated demand or for delivery of specific goods or chattels and the defendant has not entered an Appearance within time limited in the Civil Bill or having entered an Appearance, has not delivered a Defence within the time limited, the claimant may, in default of Appearance or Defence, apply in the Circuit Court Office for a judgment to be entered against the defendant.… Read the rest

Commencement CC

Commenced by Civil Bill Civil proceedings in the Circuit Court, unless otherwise provided by Statute or Rules are commenced by the issue of a Civil Bill. It is to be in accordance with the forms of Civil Bills set out in the Schedule of Forms to the Rules, with such modifications as are suitable. … Read the rest