S.I. No. 295/1978:

RULES OF THE SUPERIOR COURTS (NO. 1), 1978.

RULES OF THE SUPERIOR COURTS (NO. 1), 1978.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 27th day of July, 1978.

Thomas F. O'Higgins

Thomas A. Finlay

Frank Griffin

Patrick J. Lindsay

Ronan Keane

Mary Laffoy

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

Dated this 25th day of October, 1978.

GERARD COLLINS,

Minister for Justice.

RULES OF THE SUPERIOR COURTS (No. 1), 1978.

1. In Order 40, Rule 16 shall be deleted and the following substituted therefor:--

"16. ( a ) In cases in which an original affidavit is allowed to be used it shall, at the time when it is used, be delivered to and left with the proper officer who shall send it to be filed.

( b ) A copy of an affidavit may in all cases be used, the original affidavit having been previously filed, and the copy duly attested.

( c ) A photostatic copy of an original affidavit which has been filed may be used, if certified by the solicitor who has filed the same to be a true copy thereof and that the original thereof has been filed."

2. This rule shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1978.

EXPLANATORY NOTE.

These Rules, which amend Rule 16 of Order 40 of the Rules of the Superior Courts, provide that a photostatic copy of an affidavit--certified by the solicitor who has filed the affidavit to be a true copy--may be used in court instead of an attested copy.