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
High Court (Trial & Disposal)
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
Judgements
Nature of Judgement
A judgment or order in the broader sense, includes all decisions by the judge, master or registrar on questions and issues that arise between the parties in course of proceedings. In the present context, judgments and orders refer to final orders in civil cases, which decide the claim in dispute between the parties.… Read the rest
Judgement in Default
Default of Appearance I
Where a defendant fails to appear to a summons and the claimant wishes to proceed on the basis of such default of appearance, he shall, before taking such proceeding, file an affidavit of service of the summons or notice in lieu of summons, as the case may be.… Read the rest
Expert Evidence
Expert Evidence
Where a plaintiff intends or proposes to offer expert evidence on any matter at the trial, the statement of claim shall disclose that intention or proposal and state succinctly the field of expertise concerned and the matters on which expert evidence is intended or proposed to be offered. … Read the rest
Evidence Issues
Admissions I
Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.… Read the rest
Default Judgement EU & Convention
EU & Other Convention Cases
Where the summons has been issued out of the jurisdiction under the Judgements Regulation or the Lugano Convention, the claimant is not entitled to enter a judgement except with leave of Court.… Read the rest