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Order 18

County Registrar

ORDER 18

COUNTY REGISTRAR

1.[1] [2] [3]

(1) The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.

In particular and without prejudice to the generality of the foregoing, and without prejudice to any other provisions of these Rules, the County Registrar may, in accordance with Section 34(1) and the Second Schedule of the Courts and Court Officers Act 1995 make the following orders—

(i) Any order which may be made as of course.

(ii) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

(iii) An order for enlargement of the time for doing any act or taking any step in an action or matter.

(iv) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(v) A conditional order for the appointment of a receiver by way of equitable execution and, if that appointment is consented to or is uncontested, an order for the appointment of the receiver, and an order for the discharge of a receiver.

(va) A conditional order of garnishee and, if the order is consented to or is uncontested, an order of garnishee.

(vi) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(vii) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(viii) An order for the taking of evidence on commission.

(ix) An order on an application for directions as to—

(I) service of a civil bill or other originating document not inter partes, or

(II) any other procedure in an action or matter.

(x) An order adding or substituting a party in any proceeding.

(xi) An order giving liberty to intervene and appear.

(xii) An order for the amendment of pleadings on consent.

(xiii) An order to receive a consent and make the same a rule of court where the parties are sui juris.

(xiv) An order under the Bankers' Books Evidence Acts 1879 and 1959.

(xv) An order for payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a judge) for his or her benefit during minority.

(xvi) An order in uncontested cases to have an account taken or inquiry made.

(xvii) An order for the issue, for service outside the jurisdiction of a citation to see proceedings in contentious probate matters.

(xviii) An order for the issue of a citation to lodge in court a grant of probate or letters of administration in contentious probate matters.

(xix) An order giving liberty to file a supplemental affidavit of scripts.

(xx) An order for the lodgement of scripts by any party.

(xxi) An order appointing a receiver in a place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(xxii) A stop order on moneys or securities in Court.

(xxiii) An order for the issue of a sub-poena under Order 39, rule 30 of the Rules of the Superior Courts.

“(xxiv) An order to vacate a lis pendens on an application under section 123 of the Land and Conveyancing Law Reform Act 2009.

(xxv) An order under Order 33, rule 1 of the Rules of the Superior Courts, on consent, settling the issues to be tried.

(xxvi) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(xxvii) An order giving liberty to issue an execution order to replace an execution order that is lost or mislaid.

(xxviia) An order giving liberty to issue an execution order at any time during the period of 12 years from the date of the judgment or order of the Court whose execution is directed or authorised by the execution order.

(xxviib) An order giving liberty to amend the identity of the parties to an execution order in accordance with any amendment made by the Court to the identity of the parties to the judgment or order of the Court whose execution is directed or authorised by the execution order following the death of any party entitled or liable to execution under that order or the assignment of the debt due under that order.

(xxviii) An order for the transfer of proceedings to the High Court or the District Court, including all ancillary orders for the transfer of moneys lodged in the Circuit Court.

(xxix) An order giving liberty to—

(I) serve a third party notice to proceedings on notice to the plaintiff in the proceedings,

(II) join a party as a co-defendant to proceedings on notice to the plaintiff in the proceedings, or

(III) join a party as a co-plaintiff to proceedings on notice to the defendant in the proceedings

(xxx) An order for the recovery of—

(I) a liquidated amount, or

(II) a specific chattel or chattels,

or both in any proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxi) An order entering judgment in an action for unliquidated damages, together with interest thereon and the costs, charges and expenses of the action, in which an appearance has not been entered or a defence has not been delivered.

(xxxii) An order for the recovery of possession of any land in ejectment proceedings in which an appearance has not been entered or a defence has not been delivered.

(xxxiii) An order for possession of any land within the meaning of section 3 of the Registration of Title Act 1964 , in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

(xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered.

(xxxv) An order that—

(I) a debtor liable under a judgment or order of the Court to pay an amount of money or, where the debtor is a body corporate, an officer, employee or member of the body corporate, and

(II) any other person who a County Registrar considers appropriate,

may be examined orally by the County Registrar to ascertain what (if any) debts are owing to the debtor and what (if any) property or other means the debtor has to satisfy the judgment or order.

(2) In any case in which a County Registrar may make an order in accordance with sub-rule (1), he may—

(a) make any supplementary or ancillary order,

(b) place a stay, subject to such conditions as he thinks just, on any order made, or

and may in respect of the costs of the application direct payment of a sum in gross in lieu of payment of costs to be taxed

(3) In sub-rule (1), “execution order” shall be interpreted in accordance with the Second Schedule to the Courts and Court Officers Act 1995 .[4]

(4)[5] Unless the same issue has been determined by the Judge (or an application for such a determination is pending before the Judge), the County Registrar may order that a further and better statement of the nature of the claim or Defence or counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, or copies of accounts or documents or further information referred to in Order 17, be delivered, upon such terms as to costs and otherwise as may be just.

2. The County Registrar shall take and make all such accounts and inquiries as may be ordered by the Court, and shall certify the result thereof to the Court on completion and for this purpose he shall have all the powers of the Examiner in the High Court, and he shall issue such citations and subpoenas as are necessary to implement the jurisdiction of the Court.

3. If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit.

4. The County Registrar shall have power to settle all necessary advertisements, and arrange for the insertion thereof in such publications as he shall think right.

5. The County Registrar may summon to attend before him, and may examine on oath any party to any proceeding, or any witness whose attendance in connection with any of the duties or powers conferred upon him by statute, or otherwise, he may deem necessary.

6. The County Registrar shall have power, when directed by the Judge or empowered by these Rules, to tax all Bills of Costs, including costs as between solicitor and client, and shall certify the amount properly due thereon. In every case he shall measure the costs by fixing a reasonable sum in respect of the entire Bill or any particular item therein.

7. [6]Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate or within ten days from the date of perfection of such ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he thinks fit.

8. In the absence of any order of the Court, or of a direction or request by a person entitled to make the same, as to the investment of sums of cash paid into Court, the County Registrar shall apply to the Judge for directions as to the investment thereof.

9. In the absence of the Judge the County Registrar shall have power to declare the Court adjourned for such period, or to such date, as may be necessary.

10. The County Registrar in each County may from time to time carry over to a general ledger account for dormant balances the balances of funds to the credit of any ledger account which have not been dealt with for fifteen years or upwards; and he may carry to the credit of the same general ledger account the interest or dividends from time to time accruing upon the balances of funds which have been so carried over. When an order dealing with funds carried over under this Rule is to be acted upon, the County Registrar shall carry back such funds, and any interest or dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.

11. On or before the 31st day of December in every third year the County Registrar shall prepare a list or statement of the accounts in the Office carried over to the general ledger account under the next preceding Rule. The said list or statement shall be filed and exhibited in the Office, and a copy thereof shall be published in Iris Oifigiúil.

[1] Order 18 rule 1 substituted by SI 312 of 2007, effective 20 July 2007.
[2] The definition of “County Registrar” was amended by SI 583 of 2009, effective 11 January 2010.
[3] Order 18 rule 1(xxiv) substituted by SI 155 of 2010, effective 13 May 2010.
[4] Order 18 rule 1(3) substituted by SI 312 of 2007, effective 20 July 2007.
[5] Order 18 rule 1(4) inserted by SI191 of 2008, effective 9 July 2008.
[6] Order 18 rule 7 substituted by SI 312 of 2007, effective 20 July 2007.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 18

County Registrar

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