Dear Colleagues
As you are aware, we are all now entering level 5 and I am very conscious of the difficulties that these restrictions cause for legal practitioners and the parties. In that regards, I will endeavour to keep all matters moving (over which I have control). I have requested and have received a direction from the Judge of the South Eastern Circuit, Judge Doyle, pursuant to the provisions of the Civil Matters & Criminal Matters (Miscellaneous) Act 2020, that I can conduct all court applications and matters which come before me remotely where possible.
Accordingly the following measures will now apply:
1. Civil Motions and Family Law Motions; These motions will continue to be heard on the scheduled dates in Kilkenny Courthouse as normal. The current social distancing measures will continue to be strictly enforced. However where the parties to a motion wish to have that motion heard remotely, then they should email me directly at jamesseymour@courts.ie and I will organise a remote hearing promptly. Where the parties agree the terms of a motion or agree to adjourn the motion, then they should email me directly at jamesseymour@courts.ie and I will make the appropriate order without the need for the parties to come to court.
2. Possession cases ; Where the parties to a possession cases have agreed to strike the proceedings out, or to adjourn generally or to adjourn the case for a period in excess of 4 months, the parties should email me at jamesseymour@courts.ie and I will make that order without the need for the parties to attend at court.
3. Civil & Family Law Case Progressions: These hearings can all be conducted remotely and I will contact the practitioners directly in respect of the scheduling of the remote hearing in each case.
4. Taxations: All taxations this year so far, have been conducted remotely and will continue to be heard remotely unless there is a compelling reason to have it heard in court.
5. Marriage exemptions and Care Representative appointments applications: practitioners should submit their applications to the court office as usual and where the paperwork is in order, I will make the order without the requirement for the parties to attend at Court.
6. Ex parte applications: practitioners should continue to lodge ex parte applications such as applications for substituted service, conditional garnishee/receiver applications, etc and where the proofs are in order, I will make the appropriate order in the office without the requirement for the parties to attend at Court.
7. Callovers: I am currently exploring the use of remote conferencing software Pexip to convene a remote callover. I will revert shortly with an update in relation to same. In the meantime, the parties should continue to email me in respect of seeking dates, adjournments, etc at the upcoming callovers.
Finally, I would ask that if any practitioners have any concerns or issues, please contact me directly in confidence on 086 8152932/ 087 7082374 or via email jamesseymour@courts.ie.
Yours faithfully
James Seymour
County Registrar & Sheriff for Tipperary & Kilkenny
087 7082374