Court Procedures
Rules of the Superior Courts
Order: 3
Procedure by special summons
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No3-S.I. No. 97 Of 1990: Rules Of The Superior Courts (No. 1), 1990.
No3-S.I. No. 269 Of 2001: Rules Of The Superior Courts (No. 2) (Amendment To Order 3), 2001
No3-S.I. No. 14 Of 2007: Rules Of The Superior Courts (Statutory Applications And Appeals) 2007
No3-S.I. No. 149 Of 2010: Rules Of The Superior Courts (Land And Conveyancing Law Reform Act 2009) 2010
Procedure by special summons may be adopted in the following classes of claims:—
(1) The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.
(2) The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.
(3) The payment into Court of any money in the hands of executors, administrators or trustees.
(4) A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees (including the furnishing and vouching of accounts).
(5) The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.
(6) The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.
(7) The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.
(8) The determination, under the Finance Act, 1894, section 14 (2), of a dispute as to the proportion of estate duty to be borne by any property or person.
(9) Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing Acts, 1881 to 1911.
(10) Where no proceeding is pending by reason whereof the infant is a ward of Court, an application as to any of the following matters:—
(a) sections 12, 16 and 17 of the Infants Property Act, 1830, as extended to Ireland by the Infants Property (Ireland) Act, 1835; section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855, as extended by the Glebe Lands (Ireland) Act, 1875, and the Leases for Schools (Ireland) Act, 1881;
(b) the settlement of any property of an infant on marriage under the Infants Settlements Act, 1855, as extended to Ireland by the Infants Settlements (Ireland) Act, 1860;
(c) the guardianship, care and maintenance or advancement of any infant.
(11) The appointment of a trustee or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgement or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act, 1893, section 39; or an order directing a person to convey.
(12) The determination of any question under the Vendor and Purchaser Act, 1874, section 9.
(13) Any relief under the Married Women’s Status Act, 1957 section 12.
(14) Any relief under the Trustee Act, 1893, sections 42 or 44.
(15) Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee.
(16) Any relief in respect of funds lodged in Court pursuant to the Land Clauses Consolidation Act, 1845, section 69.
(17) An interpleader order.
(18) Applications in connection with the lodgement in Court of any funds, the investment of any funds lodged in Court, or the payment out of any funds lodged in Court, whether pursuant to the provisions of any statute or otherwise, where there is no pending proceedings in respect thereof and no other procedure prescribed or required by these Rules.
(19) Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding in which the application may be made.
(20) Any other proceeding in which procedure by special summons is required or authorised by these Rules.
(21) Any other proceeding which is required or authorised by statute to be brought in a summary manner and for which no other procedure is prescribed by these Rules.
(22) Such other matters as the Court may think fit to dispose of by special summons.
Order: 30
Side-bar orders
The following shall be the side-bar orders of the Court:
(1) For plaintiff, lately an infant to proceed in his own name, he having attained his full age (in cases not coming within Order 15, rule 16).
(2) To proceed against a defendant, lately an infant, he having attained his full age (in cases not coming within Order 15, rule 16).
(3) To proceed notwithstanding the death of a party, his right surviving.
(4) To proceed by or against a new Attorney General.
(5) That a party do furnish a rental.
(6) That tenants do pay their rents to receiver, sequestrator, guardian, or administrator pendente lite.
(7) That persons indebted to personal estate do pay the sums due by them to receiver or administrator pendente lite.
(8) For injunction to sheriff to put purchaser into possession.
(9) For injunction to sheriff to put tenant into possession.
(10) To discharge receiver over lands sold by the Land Judge, or over lands comprised in a vesting order made or an agreement fiated by the Irish Land Commission (on production of a certificate of the Irish Land Commission that such vesting order has been made or such agreement fiated, and of the advance having been made in respect of such lands).
(11) To confirm sale absolutely.
(12) To receive a consent and make the same a rule of Court in cases heretofore usual.
(13) To make a conditional order absolute on a certificate of no cause, and to make an order directing payment of such costs (if any) as were reserved on the making of the conditional order.
(14) For judgement of ouster on a disclaimer.
(15) To proceed compromise off.
(16) To change solicitor in matrimonial causes or matters under Order 70, rule 69.
(17) That the non-appearance of a party cited be taken as a renunciation of his right to probate or administration under Order 79, rule 57.
(18) That a party cited extract probate or administration, or that his not doing so be taken as a renunciation of his right under Order 79, rule 58.
(19) In admiralty to receive agreements in writing under Order 64, rule 52.
Save as aforesaid no side-bar order shall be entered or made.
Order: 37
Hearing of proceedings commenced by summary summons
1. Every summary summons indorsed with a claim (other than for an account) under Order 2 to which an appearance has been entered shall be set down before the Master by the plaintiff, on motion for liberty to enter final judgement for the amount claimed, together with interest (if any), or for recovery of land, with or without rent or mesne profits (as the case may be) and costs, and, in the case of an action for the recovery of land for non-payment of rent, to ascertain the amount of rent due. Such motion shall be for the first available day, as the Master may fix, not being less than four clear days from the service thereof upon the defendant, and shall be supported by an affidavit sworn by the plaintiff or by any other person who can swear positively to the facts showing that the plaintiff is entitled to the relief claimed and stating that in the belief of the deponent there is no defence to the action. A copy of any such affidavit shall be served with the notice of motion.
2. Save in so far as the Court shall otherwise order, a motion for liberty to enter judgement under this Order shall be heard on affidavit: provided that any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing requiring the production of the deponent for cross-examination, and unless such deponent is produced accordingly his affidavit shall not be used as evidence unless by the special leave of the Master or the Court, as the case may be. In cases in which the Master has jurisdiction, he shall have the same power as the Court to hear oral evidence.
3. The defendant may show cause against such motion by affidavit, or (except in actions for the recovery of land other than for non-payment of rent), by offering to bring into Court the sum indorsed on the summons. Such affidavit shall state whether the defence alleged goes to the whole or to part only, and (if so) to what part, of the plaintiff’s claim. The Court may order the defendant, or, in the case of a corporation, any officer thereof, to attend and be examined upon oath, or to produce any leases, deeds, books or documents, or copies of or extracts from any of them.
4. Upon the hearing of any such motion, the Master, in all uncontested cases, may deal with the matter summarily, and may give liberty to enter judgement for the relief to which the plaintiff may appear to be entitled and, for that purpose, in the case of an action for the recovery of land for non-payment of rent, may ascertain the amount of rent due, or he may dismiss the action and generally may make such order for the determination of the action as may seem just.
5. If, in any case in which a plaintiff is entitled to apply to the Master for liberty to enter final judgement under any of the preceding rules of this Order, the plaintiff claims interest on the whole or any part of the sum of money for which the plaintiff is entitled to apply to the Master as aforesaid between the date on which the cause of action accrued and the date of judgement under section 22 of the Courts Act, 1981, the Master shall transfer the application when in order for hearing by the Court, to the Court list for hearing on the first opportunity. The said application shall be supported by an affidavit sworn by the plaintiff or some other person who can positively swear to the facts showing that the plaintiff is entitled to the relief claimed including such interest stating that in the belief of the deponent there is no defence to the action.
6. In contested cases, the Master shall transfer the case, when in order for hearing by the Court, to the Court list for hearing on the first opportunity; and, for this purpose, the Master may extend the time for filing affidavits and give such directions and adjourn the case before himself as he shall think fit. The Master may also, on consent, adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons, with such directions as to pleadings, discovery, settlement of issues or otherwise as may be appropriate.
7. Upon the hearing of any such motion by the Court, the Court may give judgement for the relief to which the plaintiff may appear to be entitled or may dismiss the action or may adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons, with such directions as to pleadings or discovery or settlement of issues or otherwise as may be appropriate, and generally may make such order for determination of the questions in issue in the action as may seem just.
8. Except in actions for the recovery of land for non-payment of rent, if it appear that the defence set up by the defendant applies only to a part of the plaintiff’s claim, or that any part of his claim is admitted, the plaintiff shall have judgement forthwith for such part of his claim as the defence does not apply to or as is admitted, subject to such terms, if any, as to suspending execution, or the payment of the amount levied or any part thereof into Court by the sheriff, the taxation of costs, or otherwise, as the Court may think fit; and the defendant may be allowed to defend as to the residue of the plaintiff’s claim.
9. If it appears to the Court that any defendant has a good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to enter final judgement against the latter, and may issue execution upon such judgement without prejudice to his right to proceed with his action against the former.
10. Leave to defend may be given unconditionally or subject to such terms as to give security, or time and mode of trial, or otherwise as the Court may think fit.
11. If, on the hearing of any motion under this Order, it shall appear that any claim which could not have been specially indorsed under Order 2 has been included in the indorsement on the summons, the Master or the Court, as the case may be, may forthwith amend the indorsement by striking out such claim, or may deal with the claim specially indorsed as if no other claim had been included in the indorsement, and allow the action to proceed as respects the residue of the claim.
12. In any case of difficulty or doubt the Master may transfer the case to the Court list for hearing notwithstanding that he might have had jurisdiction to deal with the case himself under this Order.
13. Where a summary summons has been indorsed with a claim for an account under Order 2, or where the indorsement on a summons involves taking an account, and the defendant fails to appear, the Master shall forthwith make an order for the proper accounts, with all necessary inquiries and directions.
14. Where a summary summons has been indorsed with a claim for an account under Order 2, or where the indorsement on a summons involves taking an account, and the defendant does not after appearance, by affidavit or otherwise, satisfy the Court that there is some preliminary question to be tried, the Court shall forthwith make an order for the proper accounts, with all necessary inquiries and directions.
15. An application for such order as is mentioned in rule 13, or rule 14, shall be made by motion on notice, and be supported by an affidavit, when necessary, filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired.
Order: 51
Sales by the court
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No51-S.I. No. 149 Of 2010: Rules Of The Superior Courts (Land And Conveyancing Law Reform Act 2009) 2010
1. If in any cause or matter relating to any real estate or chattel real, it shall appear necessary or expedient that the real estate or chattels real, or any part thereof, should be sold, the Court may order the same to be sold, and any party bound by the order and in possession of the estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or such other person as may be thereby directed.
2. In debenture holders’ actions, when the debenture holders are entitled to a charge by virtue of the debenture, or of a trust deed, or otherwise, and the plaintiff is suing on behalf of himself and other debenture holders, and where the Court is of opinion that there must eventually be a sale, the Court may direct a sale before judgement and also after judgement, before all the persons interested are ascertained and whether served or not.
3. In all cases where a sale, mortgage, partition, or exchange is ordered, the Court shall have power, in addition to the powers already existing, with a view to avoiding expenses or delay, or for other good reason, to authorise the same to be carried out, either by laying tenders before the Court for its sanction or altogether out of Court, any moneys produced thereby being paid into Court or to trustees, or otherwise dealt with as the Court may order. Provided always that the Court shall not authorise the same to be carried out altogether out of Court unless and until satisfied by such evidence as it shall deem sufficient, that all persons interested in the estate to be sold, mortgaged, partitioned, or exchanged, are before the Court, or are bound by the order for sale, mortgage, partition, or exchange.
4. Before any estate or interest shall be put up for sale under a judgement or order, an abstract of the title and draft of the proposed conditions of sale shall, unless otherwise ordered, be laid before some counsel appointed by the Court for his opinion thereon and for directions respecting the conditions of sale and other matters connected with the sale. The conditions of sale shall specify a time for the delivery of the abstract of title to the purchaser or his solicitor.
5. Where a judgement or order is given or made directing any property to be sold, unless otherwise ordered, the same shall be sold, with the approval of the Court, for the best price that can be got, and if the sale be approved by the Court all proper parties shall join in the sale and conveyance as the Court shall direct.
6. No order for the payment of purchase money into Court shall be necessary, but a lodgement schedule as prescribed by Order 77, rule 2 shall be sufficient authority for the Accountant to receive the money.
7. Affidavits for the purpose of enabling the Court to fix a reserve price shall state the value of the property by reference to an exhibit containing a statement of such value and of the facts and figures upon which such value is based, so that the value may not be disclosed by the affidavit when filed.
8. In the case of sales under the direction of the Court the particulars of sale shall be signed by and the result of the sale shall be certified under the hands of the auctioneer and the solicitor of the party having the conduct of the sale. It shall not be necessary to file any affidavit verifying the particulars or the result of the sale. The certificate shall be in the Form No. 21 in Appendix G.
9. The Court may refer to a counsel appointed by the Court any matter relating to the investigation of the title to an estate with a view to an investment of money in the purchase or on mortgage thereof, or with a view to a sale thereof, or to the settlement of a draft of a conveyance, mortgage, settlement, or other instrument, or any other matter which the Court may think fit to refer.
Order: 54
Administration, Trusts and Mortgages.
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No54-S.I. No. 149 Of 2010: Rules Of The Superior Courts (Land And Conveyancing Law Reform Act 2009) 2010
1. The executors or administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, next-of-kin, or heir-at-law of a deceased person, or as cestui que trust under the trust of any deed or instrument, or as claiming by assignment or otherwise under any such creditor or other person as aforesaid, may take out, a special summons for relief of the nature or kind specified in Order 3 (1) to (7) inclusive.
2. The persons to be named as defendants in any summons under rule 1 shall in the first instance be the following:
(1) Where the summons is taken out by executors, administrators or trustees or any of them:
(a) for the determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law, or cestui que trust, or arising in the administration of the estate or trust, or for a direction to the executors, administrators or trustees to do or abstain from doing any particular act in their character as such, or for the approval of any sale, purchase, compromise or other transaction: the persons, or one of the persons, whose rights or interests are sought to be affected;
(b) for the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others: any member or alleged member of the class;
(c) for the furnishing and vouching of accounts by the executors, administrators or trustees: any person interested in taking such accounts;
(d) for the payment into Court of any money in the hands of the executors, administrators or trustees: any person interested in such money;
(e) for the administration of the personal estate or freehold registered land devolving as personality of the decreased: the residuary legatees or next-of-kin, or some of them;
(f) for the administration of the real estate of the deceased: the residuary devisees or heirs, or some of them;
(g) for the administration of the trust: the cestuis que trustent or some of them;
(h) if there are more than one executor, administrator or trustee and they do not all join as plaintiffs: those who do not join.
(2) Where the summons is taken out by any person other than the executors, administrators or trustees: the said executors, administrators or trustees.
3. Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out a special summons for relief of the nature or kind specified in Order 3 (15).
4. A special summons under Order 3 (8) shall be entitled in the matter of the estate of the person upon whose decease the estate duty has been paid or claimed, and in the matter of the Finance Act, 1894, and shall in other respects be in the form prescribed by Order 1, rule 4.
5. It shall not be obligatory on the Court to pronounce or make a judgement or order for the administration of any trust or of the estate of any deceased persons if the questions between the parties can be properly determined without such judgement or order.
6. Upon an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy, or deed of trust, where no accounts or insufficient accounts have been rendered, the Court may in addition to the powers already existing—
(a) order that the application shall stand over for a certain time, and that the executors, administrators, or trustees in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the cost of the proceedings;
(b) when necessary to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgement or order for administration, with a proviso that no proceedings are to be taken under such judgement or order without leave of the Court.
Amendment to: Order 54
S.I. No. 149 of 2010: Rules of the Superior Courts (Land and Conveyancing Law Reform Act 2009) 2010
1. Subject to paragraph 2, these Rules shall come into operation on the 10th day of May 2010.
2. Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.
…
4. The Rules of the Superior Courts are amended:
…
(ix) by the substitution for rule 3 of Order 54 of the following rule:
“3. Any mortgagee or mortgagor, whether legal or equitable, any person entitled to or having property subject to a legal or equitable charge, or person having the right to redeem any mortgage, whether legal or equitable, may take out a special summons for relief of the nature or kind specified in Order 3 (15), (15A) or (15B).”;
…
Order: 55
The Examiner
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No55-S.I. No. 2 Of 2011: Rules Of The Superior Courts (Examiner) 2011
No55-S.I. No. 255 Of 2015: Rules Of The Superior Courts (Companies Act 2014) 2015
I. Powers and duties.
1. The Examiner shall take such accounts and conduct such inquiries as may be ordered by the Court, and may make such orders of an interlocutory nature as have heretofore been made by the Examiner, and shall perform and fulfil such other duties and functions as have heretofore been performed and fulfilled by the Examiner or as shall from time to time be conferred on or assigned to him by statute or rule of Court.
2. The Examiner shall, for the purpose of any proceedings before him have power to issue advertisements, to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits and acknowledgements, and, where an account consists in part of a bill of costs, to request the Taxing Master to assist in settling such costs by taxing such bill, and when so directed by the Court, to examine parties and witnesses either upon interrogatories or viva voce.
3. Parties and witnesses required to attend before the Examiner shall be liable to process of contempt in like manner as parties or witnesses are liable thereto in case of disobedience to any order of the Court, or in case of default in attendance, in pursuance of any order of the Court or of any subpoena ad testificandum, and all persons swearing or affirming before the Examiner, shall be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing or affirming, as if the matters sworn or affirmed had been sworn and affirmed before any other person by law authorised to administer oaths, to take affidavits, and to receive affirmations.
4. The Court may direct any computation of interest, or the apportionment of any fund, to be certified by the Examiner, and to be acted upon by the Accountant or other person without further order.
5. The notice requiring the attendance before the Examiner of parties, witnesses, or others shall be in the Form No. 2 in Appendix G.
6. At any time during the proceedings under any order, the Court or the Examiner may require a guardian ad litem to be appointed for any infant or person of unsound mind not so found by inquisition, who has been served with notice of such order.
II. Documents to be left at the Examiner’s Office.
7. In all cases of proceedings under any order, the party prosecuting the same shall leave a copy of such order at the Examiner’s Office; such copy shall be certified by such party or his solicitor to be a true copy.
8. A note stating the names of the solicitors for all the parties, and showing for which of the parties such solicitors are concerned, shall be left at the Examiner’s Office with every order, together with plain copies of the originating summons, pleadings and affidavits (if any).
9. Where notice of an order has been served in pursuance of Order 15, rule 31, the party prosecuting the same shall leave at the Examiner’s Office
(a) a copy, certified by him or his solicitor, of every appearance entered by a person served with such notice, and
(b) a certificate of the proper officer of the entry of a memorandum of service of such notice upon those persons who have not, within one month of service upon them, entered an appearance.
III. Notice to proceed.
10. An attested copy of every order directing accounts or inquiries to be taken or made shall be left at the Examiner’s Office by the party entitled to prosecute the same within ten days after the same shall have been perfected and in default thereof any other party to the cause or matter shall be at liberty to leave the same, and such party shall have the prosecution of such order unless the Court shall otherwise direct.
11. Upon a copy of the order being left at the Examiner’s Office, a notice to proceed under the order shall be taken out, and upon the return day of such notice the Examiner, if satisfied by proper evidence that all necessary parties have been served with notice of the order, shall thereupon give directions as to the manner in which each of the accounts and inquiries is to be prosecuted, the evidence to be adduced in support thereof, the parties who are to attend on the several accounts and inquiries, and the time within which each proceeding is to be taken, and a day or days may be appointed for the future attendance of the parties, and all such directions may afterwards be varied, by addition thereto or otherwise, as may be found necessary. Such notice to proceed shall be in the Form No. 1 in Appendix G.
12. Where by an order a deed is directed to be settled by the Court in case the parties differ, a notice to proceed shall be issued, and upon the return day of the notice the party entitled to prepare the draft deed shall be directed to deliver a copy thereof, within such time as the Examiner shall think fit, to the party entitled to object thereto, and the party so entitled to object shall be directed to deliver to the other party a statement in writing of his objections (if any) within eight days after the delivery of such copy, and the proceeding shall be adjourned until after the expiration of the said period of eight days.
13. Where it appears that by reason of absence, or for any other sufficient cause, the service of notice of the order upon any person cannot be made or ought to be dispensed with, the Court may wholly dispense with such service, or may order any substituted service or notice by advertisement or otherwise in lieu of such service.
14. Where service on any person of notice of an order is dispensed with, the Court may order that such person shall be bound as if served, and he shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.
15. If, on the hearing of the notice to proceed, it shall appear that all necessary parties are not parties to the action, or have not been served with notice of the order, directions may be given for advertisement for creditors, and for leaving the accounts in the Examiner’s Office, but the adjudication on creditors’ claims and the accounts shall not be proceeded with, and no other proceeding shall be taken, except for the purpose of ascertaining the parties to be served, until all necessary parties shall have been served and are bound, or service shall have been dispensed with, and until directions shall have been given as to the parties who are to attend on the proceedings.
16. The course of proceeding before the Examiner shall ordinarily be the same as the course of proceeding in Court upon motions. No statement of facts, charges or discharges, shall be brought in unless by the special direction of the Court. Copies, abstracts, or extracts of or from accounts, deeds, or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the Court and the Examiner, and, where so directed, copies shall be delivered to the other parties. No copies shall be made of deeds or documents where the originals can be brought in, unless the Court shall otherwise direct.
IV. Appointment Book.
17. At the time any notice to proceed is taken out or any appointment is obtained, an entry thereof shall be made in “the Appointment Book.”
18. Matters coming before the Examiner shall, unless the Court otherwise directs, when ready for hearing be entered in daily lists, and taken in their order on such lists; and every matter commenced shall be continued until completion, subject to such adjournments as the Examiner shall for good cause consider necessary and upon such terms as to costs or otherwise as he shall deem proper.
V. Attendances.
19. Where, upon the hearing of the notice to proceed, or at any time during the prosecution of the order, it appears with respect to the whole or any portion of the proceedings, that the interests of the parties can be classified, the Court may require the parties constituting each or any class to be represented by the same solicitor, and may direct what parties may attend all or any part of the proceedings, and where the parties constituting any class cannot agree upon the solicitor to represent them, the Court may nominate such solicitor for the purpose of the proceedings before it and where any one of the parties constituting such class declines to authorise the solicitor so nominated to act for him, and insist upon being represented by a different solicitor, such party shall personally pay the costs of his own solicitor of and relating to the proceedings before the Court, with respect to which such nomination shall have been made, and all such further costs as shall be occasioned to any of the parties by his being represented by a different solicitor from the solicitor so nominated.
20. Whenever the same solicitor is employed for two or more parties, the Court may require that any of the said parties shall be represented by a distinct solicitor other than the town agent of such first-mentioned solicitor, and adjourn the proceedings until such party is so represented.
21. Any party other than those who shall have been directed to attend may attend at his own expense, and upon paying the costs, if any, occasioned by such attendance, or he may apply for liberty to attend at the expense of the estate, or to have the conduct of the action either in addition to or in substitution for any of the parties who shall have been directed to attend.
22. An order shall be drawn up, on a notice to be issued by the plaintiff or the party having the conduct of the action, or other proceeding, stating the parties who shall have been directed to attend and such of them (if any) as shall have elected to attend at their own expense, and such order shall be recited in the Examiner’s certificate.
VI. Advertisements for creditors and claimants.
23. Where an order is made directing an account of debts, claims or liabilities, or an inquiry for heirs, next-of-kin, or other unascertained persons, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement, shall, unless otherwise ordered, be excluded from the benefit of the order. Such advertisement shall be by notice in the press or by such other means as the Court may direct.
24. Where an advertisement is required for the purpose of any proceeding before the Examiner only one shall be issued, unless for any special reason it may be necessary to issue a second or further advertisements. An advertisement may be repeated as many times and in such manner as may be directed.
25. The advertisements for claimants and creditors shall be prepared by the party prosecuting the order, and submitted to the Examiner for approval, and when approved shall be signed by him.
26. Advertisements for creditors and other claimants shall fix a time within which each claimant, not being a creditor, is to come in and prove his claim, and within which each creditor is to send to the executor or administrator of the deceased, or to such other party as may be directed or to his solicitor, to be named and described in the advertisement, the name and address of such creditor and the full particulars of his claim, and a statement of his account and the nature of the security (if any) held by him. Such advertisements shall be in one of the Forms Nos. 3, 4, 5 and 6 in Appendix G. At the time of directing such advertisement a time shall be fixed for adjudicating on the claims.
27. The person who examines the claims shall produce at the hearing attested copies of the affidavits filed by claimants, unless the Court shall otherwise direct.
28. No creditor or other claimant need make any affidavit nor attend in support of his claim (except to produce his security) unless he is served with a notice requiring him to do so as hereinafter provided.
29. Every creditor shall on request produce the security (if any) held by him, and shall, if required by notice in writing given by the executor or administrator of the decreased, or by such other party as the Court shall direct, produce all other deeds and documents necessary to substantiate his claim before the Examiner at such time as shall be specified in such notice. The notice shall be in the Form No. 7 in Appendix G.
30. In case any creditor shall neglect or refuse to comply with rule 29, he shall not be allowed any costs of proving his claim unless the Court shall otherwise direct.
31. The executor or administrator of the deceased, or such other party as may be directed shall examine the claims of creditors sent in, pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable, and he shall, at least seven clear days prior to the time appointed for adjudication, file an affidavit in the Form No. 8 in Appendix G to be made by such executor or administrator, or one of the executors or administrators, or such other party, jointly with his solicitor or otherwise, as the Court shall direct, verifying a list of the claims in the Form No. 9, in Appendix G, the particulars of which have been sent pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased is, in the opinion of the deponent justly liable, and his belief that such claims or parts thereof respectively, are justly due and proper to be allowed and the reasons for such belief.
32. In case the Examiner shall think fit so to direct the making of the affidavit referred to in rule 31 shall be postponed till after the day appointed for adjudication, and shall then be subject to such directions as the Examiner may give.
33. Where on the day appointed for hearing the claims any of them remain undisposed of, the hearing of such claims shall be adjourned to such day as may be fixed, and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed and directions may be given as to the mode in which such evidence is to be adduced.
34. At the time appointed for adjudicating upon the claims of creditors or at any adjournment thereof, the Examiner may, in his discretion, allow any of the claims, or any part thereof respectively without proof by the creditors, and direct investigation of all or any of the claims not allowed, and require further particulars, information, or evidence relating thereto, and may, require any creditor to attend and prove his claim, or any part thereof, and the adjudication on such claims as are not then allowed shall be adjourned to a day to be then fixed.
35. (1) Where the claim of any creditor has been allowed, in whole or in part, without proof by such creditor, notice of such allowance shall be given to him in the Form No. 10 in Appendix G by the executor or administrator or such other party as may be directed.
(2) Where any creditor is required to attend and prove his claim or any part thereof, notice shall be given to him in the Form No. 11 in Appendix G by the executor or administrator or such other party as may be directed, requiring him to file an affidavit in support of his claim within such time (not being less than seven days after service of such notice) as may be specified in the notice and to attend at the time specified in such notice for adjudicating on such claim. If the creditor shall fail to comply with such requirements, his claim or the part thereof required to be proved shall be disallowed.
36. No claim shall be received after the time fixed by the advertisement except by special leave of the Court. Application for such leave shall be made by motion on notice and it may be granted upon such terms and conditions as the Court shall direct.
37. A creditor who has been required to attend and prove and has established his debt shall be entitled to the costs of so doing and the sum to be allowed for such costs shall be fixed by the Court, unless the Court shall direct the taxation thereof; and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established.
38. A list of all claims allowed shall, when required, be made out and left with the Examiner by the person who examines the claims.
39. Where any order is made for payments by the Accountant to creditors, the party whose duty it is to prosecute such order shall send to each such creditor or his solicitor (if any) a notice in the Form No. 12, in Appendix G that the drafts may be received from the Accountant, and such party shall, when required, produce such order and any other papers necessary to enable such creditors to receive their drafts and get them passed.
40. Every notice by this Order required to be given to creditors or other claimants shall, unless the Court shall otherwise direct, be served through the Central Office on the creditor or other claimant at the address given in his claim, or, in case such creditor or other claimant shall have employed a solicitor, on such solicitor at the address given by him.
VII. Interest.
41. When an order directs an account of the debts of a deceased person, interest shall (except in the case of insolvent estates or where otherwise ordered) be computed on such debts as to such of them as carry interest at the rate they respectively carry, and as to all others at the rate standing specified in section 26 of the Debtors (Ireland) Act, 1840 from the date of the order.
42. A creditor whose debt does not carry interest and who established the same pursuant to an order of the Court shall be entitled to interest thereon at said rate per cent. per annum from the date of the order out of any assets available therefor after the satisfaction of all prior claims.
43. Where an order is made directing an account of legacies, interest shall be computed on such legacies at said rate per cent. per annum from the end of one year after the testator’s death, unless otherwise ordered, or unless any other time of payment or rate of interest is directed by the will, and in that case according to the will.
VIII. Examiner’s certificate.
44. The result of any proceedings before the Examiner shall be stated in the form of a concise certificate to the Court. Unless an order to discharge or vary the same is made, the certificate shall be deemed to be approved and adopted by the Court.
45. The Examiner’s certificate shall not, unless the circumstances of the case render it necessary, set out the order or any documents or evidence or reasons, but shall refer to the order, documents, and evidence or particular paragraphs thereof, so that it may appear upon what the result stated in the certificate is founded.
46. The Examiner’s certificate shall be in the Form No. 16 in Appendix G and shall be signed by the Examiner.
47. Where an account is directed, the certificate shall state the result of such account, and not set the same out by way of schedule, but shall refer to the account verified by the affidavit filed, and shall specify, by the numbers attached to the items in the account, which (if any), of such items have been disallowed or varied, and shall state what additions (if any) have been made by way of surcharge or otherwise, and where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account as altered, such transcript may be required to be made by the party prosecuting the order, and shall then be referred to by the certificate. The accounts and the transcripts (if any) referred to in the certificate shall be filed therewith, or retained in the Examiner’s Office and subsequently filed, as the Examiner may direct.
48. Any party or other person interested may, before the proceedings before the Examiner are concluded, take the opinion of the Court upon any matter arising in the course of the proceedings upon notice given to all proper persons. Such notice shall be in one of the Forms Nos. 14 and 15 in Appendix G.
49. Every certificate, with the accounts (if any) to be filed therewith, shall be transmitted by the Examiner to the Central Office and there filed, and shall thenceforth be binding on all parties to the proceedings unless discharged or varied upon application by motion of which notice shall have been served within eight days of such filing; provided that in case of an application to discharge or vary any certificate to be acted upon by the Accountant without further order, or any certificate on passing receivers’ or liquidators’ accounts, the notice shall be served within three days after the filing of the certificate.
50. The Court may, in special circumstances, upon an application by motion for the purpose, direct a certificate to be discharged or varied at any time after the same has become binding on the parties.
IX. Miscellaneous.
51. Notes shall be kept of all proceedings before the Examiner with proper dates, so that all such proceedings in each cause or matter may appear consecutively, and in chronological order, with a short statement of the questions or points decided or ruled at every hearing.
52. All orders made by the Examiner shall be transmitted to the Central Office and there filed.
53. Counsel shall not be heard in proceedings before the Examiner unless the Court shall otherwise direct.
54. The Forms Nos. 17 to 31 in Appendix G shall be used for the respective purpose therein mentioned.