S.I. No. 64/2018 - Circuit Court Rules (Order 65) 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th March, 2018.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ), section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 28th day of November 2017.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Jacqueline Linnane

Fiona Duffy

Mairead Ahern

Noel Rubotham

I concur in the making of the above Rules of Court.

Dated this 15th day of February 2018.

Signed:

CHARLES FLANAGAN,

Minister for Justice and Equality.

S.I. No. 64 of 2018

CIRCUIT COURT RULES (ORDER 65) 2018

1. (1) These Rules, which may be cited as the Circuit Court Rules (Order 65) 2018, shall come into operation on the 21st day of March 2018.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2018.

(3) The Circuit Court Rules 2001 to 2018 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2018.

2. The Circuit Court Rules are amended by the substitution for Order 65, rule 3 of the following rule:

“3.Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected without an appeal—

(a) where the parties consent, and with the approval of the Judge in the case of a judgment or order of the Court, by the County Registrar,

(i) on the application to the County Registrar in writing of any party, to which a letter of consent to the correction from each other party shall be attached or

(ii) on receipt by the County Registrar of letters of consent from each party; or

(b) where the parties do not consent, by the Court (in the case of a judgment or order of the Court), or by the County Registrar (in the case of an order of the County Registrar)

(i) on application made to the Court or, as the case may be, the County Registrar, by motion on notice to the other party or

(ii) on the listing of the proceeding before the Court by the County Registrar on notice to each party.”

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These rules substitute rule 3 of Order 65 in respect of the correction of clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission.