STATUTORY INSTRUMENTS

S.I. No. 257 of 2005

District Court (Personal Injuries) Rules, 2005

SI 257 of 2005

District Court (Personal Injuries) Rules 2005

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1.        These rules may be cited as the District Court (Personal Injuries) Rules 2005.

2.        These rules shall come into operation on the 3rd day of June 2005 and shall be read together with all other District Court rules for the time being in force.

3.        The District Court Rules 1997 ( S.I. No.93 of 1997 ) are hereby amended:

(i)        by the insertion immediately following sub-rule 2 of rule 13 of Order 10 of the following:

“(3)     The delivery or service of any notice for the purposes of section 8 or section 17 of the Civil Liability and Courts Act 2004 shall be in the manner prescribed in section 4 of that Act”.

(ii)                  by the substitution for rule 1 of Order 12 thereof, of the following:

“1.      Subject to any relevant provision of statute, a Judge may whenever he or she thinks fit, abridge or extend the time provided by these Rules for the service or lodgment for entry of any summons, civil summons or personal injuries summons. A note of the abridgement or extension of the time for service shall be endorsed on the original summons and on the copy issued for service and shall be signed by the Judge.”

(iii)      by the substitution for paragraph (1) of rule 3 of Order 12 thereof, of the following:

“1.      Save where statute appoints such time or otherwise provides, and subject to paragraph (2) of this rule, a Judge may upon such terms as he or she thinks fit enlarge or abridge the time appointed by these Rules, or fixed by the Judge under this Rule, for doing any act or taking any proceeding, and any such enlargement or abridgement may be made although the application for the same is not made until after the expiration of the time appointed or fixed. The Judge may declare any step taken or act done to be sufficient even though not taken or done within the time or in the manner prescribed in these Rules.”

(iv)      by the substitution for rule 25 of Order 12 thereof, of the following:

“25.     Subject to any relevant provision of statute, any non-compliance with any of these Rules shall not render any proceedings void, but in the case of such non-compliance, the Judge may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner or upon such terms as the Judge thinks fit”

(v)                   by the substitution for rule 2 of Order 39 thereof, of the following:

“2.       Save in the case of personal injuries proceedings, as defined in Order 39A, civil proceedings in the Court shall, unless otherwise provided by statute or by Rules of Court, be instituted by the issue for service upon each defendant named therein of a civil summons in one of the Forms Nos. 39.1 to 39.9, Schedule C, as appropriate”.

(vi)       by the insertion immediately following sub-rule 3 of rule 4 of Order 39 thereof, of the following:

“(3A)   In the case of a personal injuries summons, the date and time of the sitting of the Court to which the summons has been made returnable shall be specified so as to allow sufficient time for the delivery by each defendant of a defence in accordance with Order 39A not less than 21 days before such sitting”.

(vii)      by the insertion immediately following Order 39 of the following Order as Order 39A:

“Order 39A

PERSONAL INJURIES PROCEEDINGS

1.         In this Order unless the context or subject matter otherwise requires -

“the Act” means the Civil Liability and Courts Act 2004 ;

“personal injuries proceedings” means an action for the recovery of damages, in respect of a wrong, for-

(a) personal injuries,

(b) both such injuries and damage to property (but only if both have been caused by the same wrong), or

(c) under section 48 of the Civil Liability Act 1961 , but shall not include an action where the damages claimed include damages for false imprisonment or trespass to the person;

and “proceedings” shall be interpreted accordingly;

“personal injury” includes any disease and any impairment of a person's physical or mental condition;

“personal injuries summons” means a summons by which personal injuries proceedings are instituted in accordance with rule 3 of this Order;

“plaintiff” includes a deceased person, where personal injury proceedings are instituted for the benefit of dependants of a deceased person;

“pleading” has the same meaning as in section 2 of the Act;

“Personal Public Service Number” means the Personal Public Service Number allocated and issued to a person under section 223 (inserted by section 14 of the Social Welfare Act 1998 ) of the Social Welfare (Consolidation) Act 1993 ;

2.  (1)  The provisions of this Order shall apply to personal injuries proceedings.

(2)   Save where otherwise expressly provided by this Order, in the event that any conflict shall arise between the provision of any rule of this Order and any other provision of these Rules, the provision of the rule of this Order shall, in respect of personal injuries proceedings, prevail. For the avoidance of doubt and without prejudice to the generality of the foregoing, Order 39, rule 3 and sub-rules (1) and (4) of rule 4 shall not apply in personal injuries proceedings.

3. (1).   Personal injuries proceedings shall be instituted by the issue for service upon each defendant named therein of a personal injuries summons in the Form No. 39A.1, Schedule C.

(2)   Save where otherwise expressly provided by this Order, the provisions of these Rules which apply to a civil summons shall, with appropriate modifications, apply to a personal injuries summons.

4.        A personal injuries summons shall specify:

(i) the plaintiff's name, the address at which he or she ordinarily resides and his or her occupation,

(ii) the plaintiff's Personal Public Service Number (and where a plaintiff has not been issued with a Personal Public Service Number, this shall be stated in the personal injuries summons),

(iii) the defendant's name, the address at which he or she ordinarily resides (if known to the plaintiff) and his or her occupation (if known to the plaintiff).

5.        A personal injuries summons shall

(a) set out full and detailed particulars of-

(i)        the nature of the claim and of each allegation, assertion or plea comprising that claim;

(ii)        the injuries to the plaintiff alleged to have been occasioned by the wrong of the defendant;

(iii)       the acts of the defendant constituting the said wrong and the circumstances relating to the commission of the said wrong;

(iv)      each instance of negligence by the defendant, and

(b) contain a schedule of full particulars of all items of special damage in respect of which the plaintiff is making a claim.

6.         Each defendant who intends to defend the proceedings shall deliver to the plaintiff (or his solicitor) and to the Clerk a defence in the Form 39A.2, Schedule C within twenty eight days after the service upon him of the personal injuries summons. Where any defendant makes a counterclaim, such counterclaim shall be in the Form 39A.3, Schedule C and shall be appended to the defence.

7. (1) An affidavit of verification of a pleading or of further information requiring under section 14(1) or (2) of the Act to be verified on oath shall be in the Form 39A.4, Schedule C. The affidavit may be endorsed upon the pleading or other document concerned, or may exhibit such pleading or other document.

(2)    A copy of the affidavit of verification shall be delivered to the party to whom the pleading or other document is to be delivered. Where the affidavit is endorsed upon the pleading or other document, it shall be delivered within the time prescribed by these Rules for delivery of such pleading or other document. Otherwise, the affidavit shall be delivered within the time prescribed by section 14 of the Act for lodgment of the affidavit in court.

(3)    Where the affidavit of verification is delivered subsequent to delivery of the pleading or other document, the time prescribed by these Rules for delivery of any pleading or other document in reply shall run from the date of delivery of the affidavit of verification.

(4)    An affidavit of verification shall be lodged in Court as required by section 14(4) of the Act by lodging the original affidavit duly stamped with the Clerk.

8. (1)   The following applications in personal injuries proceedings shall, subject to the following rules of this Order, be made by application to the Court by application on notice to the opposing party or parties in the Form 39A.5, Schedule C, grounded upon an affidavit sworn by or on behalf of the moving party:

(i)         An application under section 9(2) of the Act (in the absence of agreement between or among the parties) for the extension of the period provided for in this Order or otherwise in these Rules, within which any document may be served or thing may be done;

(ii)        An application by a defendant under section 10(3) of the Act for a stay or dismissal of proceedings by reason of a plaintiff's failure to provide the information necessary to comply with section 10 of the Act;

(iii)       An application by a defendant under section 11(3) of the Act for a stay or dismissal of proceedings by reason of a plaintiff's failure to provide further information requested under section 11(1) or section 11(2) of the Act;

(iv)       An application by a plaintiff under section 12(3) of the Act for a stay of proceedings or for judgment by reason of a defendant's failure to provide the information necessary to comply with section 12 of the Act;

(v)        An application by a party for a direction of the Court under section 15 of the Act that a mediation conference be held;

(vi)       An application to the Court to order the delivery by the opposing party of further and better particulars of any pleading delivered by such party;

(vii)      An application by a party wishing to have evidence in the action given by affidavit, under section 19 of the Act;

(viii)     An application by a party wishing to have an approved person appointed to carry out any investigation and to give any evidence in the action in relation to any matter, under section 20 of the Act.

No application described in this sub-rule shall be issued unless:

(a)        the moving party shall have first written to the relevant opposing party requesting that such party agree to any extension proposed or (as the case may be) provide the information identified in, or agree to, the moving party's request;

(b)        a period of fourteen days for compliance with the moving party's request has been allowed; and

(c)        the party requested has failed, refused or neglected to comply with such request.

(2)       Any order made on such application shall be in the Form 39A.6, Schedule C.

(3)       No application for judgment in default of defence shall be granted in personal injuries proceedings unless the moving party has satisfied the Court that he has verified his personal injuries summons in those proceedings on oath in accordance with this Order.

9. (1) Where the Court directs that a mediation conference be held, it may adjourn the proceedings for such time as it considers appropriate to enable the mediation conference to be held.

(2)    Where the Court directs that a mediation conference be held, it may extend the time for compliance by the parties or any of them with any provision of these Rules or any order of the Court in the proceedings.

(3)    The report under section 16 of the Act of the person appointed under section 15(4) of the Act to be the chairperson of a mediation conference shall be by way of affidavit which shall verify:

(a) his or her appointment as mediator;

(b) whether the mediation conference was or was not held;

(c) if not held, the reasons why the mediation conference did not take place; (d) if held, (i) the time and place at which the mediation conference was held; (ii) the parties in attendance; (iii) whether or not a settlement has been reached in the proceeding and (iv) the terms of any settlement signed by the parties.

10.       Copies of the plaintiff's notice of an offer of terms of settlement required by section 17(1) of the Act and of the defendant's notice required by section 17(2) of the Act shall be lodged in Court by being delivered (together with an affidavit as to the service of the same on the opposing party) to the Clerk as soon as may be after the expiry of the prescribed period referred to in section 17(3) of the Act. Such notice shall be in the Form 39A.7, Schedule C. Such notice shall not be given or produced to the Judge prior to the determination of the proceedings.

11.       A pre-trial hearing as provided for in section 18 of the Act shall be held in personal injuries proceedings where the Court, on the application by motion on notice to the opposing party or parties by the party wishing to apply for a pre-trial hearing, considers that a pre-trial hearing is appropriate. A Judge presiding over a pre-trial hearing may at such hearing give such directions and make such orders as may be necessary for the purposes of determining what matters relating to the proceedings are in dispute.”

(viii)     by the insertion immediately following sub-rule 1 of rule 2 of Order 41, of the following:

“(1A) Notwithstanding sub-rule (1), a defendant in personal injuries proceedings may lodge in Court a sum of money which he or she alleges is sufficient to satisfy the plaintiff's claim, whether with or without an acknowledgment of liability, at any time up to the time prescribed for the delivery of the defendant's defence.”

(ix)       by the insertion immediately following sub-rule 3 of rule 5 of Order 41, of the following:

“(3A) No counterclaim in personal injuries proceedings shall be made after the time prescribed for the delivery of the defendant's defence. A plaintiff in personal injuries proceedings may deliver a defence to the counterclaim, which shall be in the Form 39A.2, Schedule C, modified as necessary, not later than seven days before the date to which the personal injuries summons is returnable, and a copy of such defence to counterclaim shall at the same time be lodged with the Clerk.”

(x)        by the insertion in Order 45, immediately following rule 6 thereof, of the following:

“7.  Where, in personal injuries proceedings, a defendant has failed to deliver a defence within the time permitted by these Rules, the plaintiff may issue a notice of application returnable for the return date on the personal injuries summons for judgment in default of defence and on the hearing of such motion, the Judge may give judgment, or may enlarge the time for the delivery of the defendant's defence, subject to such conditions, or orders as to costs as seem appropriate”.

(xi)       by the insertion in Order 62, rule 5, immediately following sub-rule (4) thereof of the following:

“(4A)  In personal injuries proceedings, notice of the document instituting the proceedings in the Form 62.1 Schedule C, shall additionally contain the following endorsement: “Take notice that you are required to deliver a defence to the plaintiff's claim not later than 28 days after the date of receipt of this notice”.

4.         The Forms numbered 39A.1 to 39A.7 inclusive in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

No. 39A.1

Schedule C

O.39A, r.3

PERSONAL INJURIES SUMMONS CIVIL LIABILITY AND COURTS ACT 2004, SECTION 10

Between............................................................ ............................................................ .......... who is ordinarily resident at............................................................ ........................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”)......................................... ............................................................ .........................(state plaintiff's occupation)......... Plaintiff and

............................................................ ............................................................ ...................... who is ordinarily resident at............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......(state defendant's occupation).......Defendant

INDORSEMENT OF CLAIM

[A personal injuries summons shall contain an indorsement entitled “Indorsement of Claim” which shall

(a) set out, in numbered paragraphs, full and detailed particulars of-

(i)          the nature of the claim and of each allegation, assertion or plea comprising that claim;

(ii)         the injuries to the plaintiff alleged to have been occasioned by the wrong of the defendant;

(iii)        the acts of the defendant constituting the said wrong and the circumstances relating to the commission of the said wrong;

(iv)        each instance of negligence by the defendant,

(b) contain a schedule of full particulars of all items of special damage in respect of which the plaintiff is making a claim, and

(c) give details of the basis upon which jurisdiction is claimed.

The following is a suggested format in which the indorsement might be presented:

1. DESCRIPTION OF PARTIES

2. WRONG ALLEGED AGAINST THE DEFENDANT (OR AGAINST EACH DEFENDANT)

3. PARTICULARS OF THE ACTS OF THE DEFENDANT (OR OF EACH DEFENDANT) CONSTITUTING THE WRONG AND OF THE CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG (Full particulars should be set out)

4. PARTICULARS OF EACH INSTANCE OF NEGLIGENCE BY THE DEFENDANT (OR BY EACH DEFENDANT) (Full particulars should be set out)

5. PARTICULARS OF THE INJURIES TO THE PLAINTIFF OCCASIONED BY THE WRONG OF THE DEFENDANT (OR OF EACH DEFENDANT)

6. RELIEFS CLAIMED

SCHEDULE

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

(Full particulars should be set out. Add additional sheets if necessary)

[If applicable, insert the particulars required by Order 39, rule 4 (1A)]

YOU ARE HEREBY required personally to appear at the sitting of the District Court for the hearing of civil proceedings to be held at........................... on the...........day of ........... 20 ......... at ......... a.m./p.m. to answer the said claim.

IF YOU DISPUTE THE PLAINTIFF'S CLAIM and intend to defend the proceedings you (or your solicitor) should deliver a Defence to the plaintiff's claim within twenty eight days of the date of receipt of this personal injuries summons.

Dated this              day of                    20

Signed..............................................

Plaintiff/Solicitor for the Plaintiff

The plaintiff's address for service, if different from the plaintiff's address mentioned above, should be stated here:

To ............................................................ .....

of ............................................................ ......

the above-named defendant.

No. 39A.2

Schedule C

O.39A, r.6

PERSONAL INJURIES DEFENCE

CIVIL LIABILITY AND COURTS ACT 2004, SECTION 12

Between............................................................ ............................................................ ........... who is ordinarily resident at............................................................ ............................................in the County of............................................................ ............................................................ .... Personal Public Service Number (PPSN) (if none, please state “none”)...................................... ............................................................ .........................(state plaintiff's occupation)........ Plaintiff and

............................................................ ............................................................ ...................... who is ordinarily resident at............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......(state defendant's occupation)........Defendant

Defence of the Defendant............................................................ .............................................. of............................................................ ............................................................ ..................... delivered the      day of                                    two thousand                  by............................... ............................................................ ............................Defendant/Solicitor for the Defendant

[Here insert details of the Defence.

A Defence to a personal injuries action shall:

(a) specify-

(i) the allegations specified, or matters pleaded, in the personal injuries summons of which the defendant does not require proof,

(ii) the allegations specified, or matters pleaded in the personal injuries summons of which he or she requires proof,

(iii) the grounds upon which the defendant claims that he or she is not liable for any injuries suffered by the plaintiff, and

(iv) where the defendant alleges that some or all of the personal injuries suffered by the plaintiff were occasioned in whole or in part by the plaintiff's own acts, the grounds upon which he or she so alleges, and

(b) contain full and detailed particulars of each denial or traverse, and of each allegation, assertion or plea, comprising the defendant's Defence and, where appropriate, a counter-schedule setting out the defence to items of special damage claimed by the plaintiff.

The following is a suggested format in which the defence might be presented:

1. THE DEFENDANT DOES NOT REQUIRE PROOF OF THE FOLLOWING ALLEGATIONS SPECIFIED OR MATTERS PLEADED IN THE PERSONAL INJURIES SUMMONS:

2. THE DEFENDANT REQUIRES PROOF OF THE FOLLOWING ALLEGATIONS SPECIFIED OR MATTERS PLEADED IN THE PERSONAL INJURIES SUMMONS:

3. THE GROUNDS UPON WHICH THE DEFENDANT CLAIMS THAT (S)HE IS NOT LIABLE FOR ANY INJURIES SUFFERED BY THE PLAINTIFF ARE AS FOLLOWS:

* 4. THE GROUNDS UPON WHICH THE DEFENDANT CLAIMS THAT SOME OR ALL OF THE INJURIES SUFFERED BY THE PLAINTIFF WERE OCCASIONED IN WHOLE OR IN PART BY THE PLAINTIFF'S OWN ACTS ARE AS FOLLOWS:

5. DEFENCE TO RELIEFS CLAIMED BY THE PLAINTIFF

COUNTER-SCHEDULE

DEFENCE TO ITEMS OF SPECIAL DAMAGE CLAIMED BY THE PLAINTIFF

(add additional sheets if necessary)]

Signed ______________________________

Defendant/Solicitor for the Defendant

To ______________________

Plaintiff/Solicitor for the Plaintiff

And to the Clerk of the District Court at

*delete if inapplicable

PERSONAL INJURIES COUNTERCLAIM CIVIL LIABILITY AND COURTS ACT 2004, SECTION 12

INDORSEMENT OF COUNTERCLAIM

[A personal injuries counterclaim shall contain an indorsement entitled “Indorsement of Counterclaim” which shall

(a) set out, in numbered paragraphs, full and detailed particulars of-

(i) the nature of the claim and of each allegation, assertion or plea comprising that claim;

(ii) the injuries to the defendant alleged to have been occasioned by the wrong of the plaintiff;

(iii) the acts of the plaintiff constituting the said wrong and the circumstances relating to the commission of the said wrong;

(iv) each instance of negligence by the plaintiff,

(b) contain a schedule of full particulars of all items of special damage in respect of which the defendant is making a claim, and

(c) give details of the basis upon which jurisdiction is claimed.

The following is a suggested format in which the indorsement might be presented:

1. DESCRIPTION OF PARTIES

2. WRONG ALLEGED AGAINST THE PLAINTIFF (OR AGAINST EACH PLAINTIFF)

3. PARTICULARS OF THE ACTS OF THE PLAINTIFF (OR OF EACH PLAINTIFF) CONSTITUTING THE WRONG AND OF THE CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG (Full particulars should be set out)

4. PARTICULARS OF EACH INSTANCE OF NEGLIGENCE BY THE PLAINTIFF (OR BY EACH PLAINTIFF) (Full particulars should be set out)

5. PARTICULARS OF THE INJURIES TO THE DEFENDANT OCCASIONED BY THE WRONG OF THE PLAINTIFF (OR OF EACH PLAINTIFF)

6. RELIEFS CLAIMED BY THE DEFENDANT

SCHEDULE

PARTICULARS OF ITEMS OF SPECIAL DAMAGE

(Full particulars should be set out. Add additional sheets if necessary)

[If applicable, insert the particulars required by Order 39, rule 4 (1A)]

This defendant's personal details are as follows:

1. Address of defendant's ordinary residence: (state address accurately)

2. Defendant's occupation:

3. Defendant's Personal Public Service Number: (If the defendant has not been issued with a Personal Public Service Number, this must be stated)

4. The defendant's address for service, if different from the address mentioned above, should be stated here:

Dated..........................20......

(Signed)____________________

Defendant/Solicitor for the defendant

No. 39A.4

Schedule C

O.39A, r.7

VERIFYING AFFIDAVIT CIVIL LIABILITY AND COURTS ACT 2004, SECTION 14

Between............................................................ ............................................................ .......... who is ordinarily resident at............................................................ .......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”) ....................................... ............................................................ ...............................(state plaintiff's occupation)..... Plaintiff and............................................................ ............................................................ ...................... who is ordinarily resident at............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

[The title need not be repeated where the affidavit is endorsed upon the pleading or other document]

I, AB, ..............................of ............................, the (plaintiff, defendant or state other capacity or authority) in the above-entitled proceedings, aged eighteen years and upwards MAKE OATH and say as follows:

1.        I beg to refer to the contents of the (personal injuries summons, defence, reply, further information etc. - as the case may be) delivered herein on behalf of the (plaintiff/defendant) on the ......day of ...............20...... *[upon which this affidavit is endorsed] *[and upon a true copy of which marked “A” I have signed my name prior to the swearing hereof].

2.        The assertions, allegations and information contained in the said (personal injuries summons, etc.) which are within my own knowledge are true. I honestly believe that the assertions, allegations and information contained in the said (personal injuries summons, etc.) which are not within my own knowledge are true.

3.        I am aware that it is an offence to make a statement in this affidavit that is false or misleading in any material respect and that I know to be false or misleading.

SWORN before me at..................................

in the County of .......... this ...... day of .........                                  200...., and I

know the deponent

......................................            ............................................................ ......

Deponent                                   Commissioner for Oaths/ Practising Solicitor

*Delete if inapplicable.

No. 39A.5

Schedule C

O.39A, r.8

NOTICE OF APPLICATION CIVIL LIABILITY AND COURTS ACT 2004

Between............................................................ ............................................................ .......... who is ordinarily resident at............................................................ .......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”) ....................................... ............................................................ ........................... (state plaintiff's occupation) ......Plaintiff and

............................................................ ............................................................ ...................... who is ordinarily resident at ............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

TAKE NOTICE that the above-named *plaintiff/*defendant will apply to the District Court sitting at ..................................on the ...............day of................ 20..... at................... a.m./p.m. for the following relief pursuant to the Civil Liability and Courts Act 2004 (hereinafter the “Act”) or otherwise in personal injuries proceedings:

*An order under section 9(2) of the Act for the extension of the period for the service of (state matter in which extension of time is sought)

*An order under section 10(3) of the Act for a stay or dismissal of the proceedings by reason of the plaintiff's failure to provide the information necessary to comply with section 10 of the Act

*An order under section 11(3) of the Act for a stay or dismissal of proceedings by reason of the plaintiff's failure to provide further information requested under section 11(1) or section 11(2) of the Act

*An order under section 12(3) of the Act for a stay of proceedings or for judgment by reason of a defendant's failure to provide the information necessary to comply with section 12 of the Act

*A direction of the Court under section 15 of the Act that a mediation conference be held

*An order for the delivery of further and better particulars by the *plaintiff/*defendant

*An order allowing evidence in the action to be given by affidavit, under section 19 of the Act;

*An order appointing an approved person to carry out any investigation and to give evidence in the action, under section 20 of the Act.

Which application shall be grounded upon the affidavit of ................................ sworn on ............................

Dated this            day of                        20

Signed....................................................

Solicitor for the *plaintiff/*defendant

To:       District Court Clerk at ..................................

And: ...................... Solicitor for the *plaintiff/*defendant

of ............................................................ ......................

in the County of ............................................................ ..

No. 39A.6

Schedule C

O.39A, r.8

ORDER

CIVIL LIABILITY AND COURTS ACT 2004

Between............................................................ ............................................................ .......... who is ordinarily resident at ............................................................ ......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”)....................................... ............................................................ ......................... (state plaintiff's occupation) ......Plaintiff and

............................................................ ............................................................ ...................... who is ordinarily resident at ............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

WHEREAS on the hearing of an application by motion dated ............................. 20 .................. of the above-named *Plaintiff/*Defendant

The Court being satisfied that the respondent was duly served with notice of the application herein

AND ON HEARING what was alleged by the applicant *and the respondent

IT IS HEREBY ORDERED:

* under section 9(2) of the Act that the period for (state relevant matter) be extended by

*under section 10(3) of the Act that *the plaintiff's action shall not proceed any further until the plaintiff (state condition) *the plaintiff's action be dismissed

* under section 11(3) of the Act that *the plaintiff's action shall not proceed any further until the plaintiff (state condition) *the plaintiff's action be dismissed

* under section 12(3) of the Act that *the action shall not proceed any further until the defendant (state condition) *judgement be entered for the plaintiff in the amount of €..........

* under section 15 of the Act that a mediation conference be held in respect of the proceedings under the chairmanship of [name]..... of (address) who is hereby appointed chairman of the mediation conference and who is hereby directed to report to the Court on the outcome of said conference in the form and manner prescribed by Order 39A of the District Court Rules not later than .......................... 20 .... and that the within proceedings be adjourned to .......................... 20 .... to facilitate such mediation.

* that the *plaintiff/*defendant do deliver the further and better particulars of the *personal injuries summons/*defence/*counterclaim/*defence to counterclaim herein sought by letter dated............................ 20 ..... within the period of ..................... of the date of this order.

* under section 19 of the Act that the evidence at the hearing of the within action of ..................... may be given by affidavit.

* under section 20 of the Act that ................... of .........................................., being for the time being an approved person within the meaning of said section be and is hereby appointed to carry out an investigation into the following matter arising in the within proceedings, namely............................................................ ............................................................ .............

............................................................ ............................................................ ..........................to be completed not later than ..........................20.... and if necessary to give evidence at the hearing of the within action in the action of the outcome of such investigation

Dated this            day of                        20

Signed................................................

Judge of the District Court

No. 39A.7

Schedule C

O.39A, r.10

NOTICE AS TO TERMS

CIVIL LIABILITY AND COURTS ACT 2004, SECTION 17

Between............................................................ ............................................................ .......... who is ordinarily resident at ............................................................ ......................................... in the County of ............................................................ ............................................................ ... Personal Public Service Number (PPSN) (if none, please state “none”)....................................... ............................................................ ......................... (state plaintiff's occupation) ......Plaintiff and

............................................................ ............................................................ ........................ who is ordinarily resident at ............................................................ ........................................... in the County of............................................................ ............................................................ ... ............................................................ ......................(state defendant's occupation)......Defendant

TAKE NOTICE that for the purposes of section 17 of the Civil Liability and Courts Act 2004 the *plaintiff/defendant is willing to settle the above-entitled action upon the following terms:

TERMS OTHER THAN THOSE AS TO COSTS:

TERMS AS TO COSTS:

[or]

TAKE NOTICE that for the purposes of section 17 of the Civil Liability and Courts Act 2004 the defendant is not prepared to pay any sum of money to the plaintiff in settlement of above-entitled action.

Signed:_______________

Date:

To: .............................................

Solicitor for the *plaintiff/*defendant

And to: District Court Clerk at

.............................................

*delete whichever inapplicable

Given this 11th day of April 2005

Peter Smithwick                    Chairman

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Thomas E O'Donnell

Hugh O'Neill

Noel Rubotham

Elizabeth Hughes                    Secretary

I concur in the making of the foregoing rules

Dated this 20th day of May 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

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

These Rules regulate the procedure and prescribe the forms to be used in personal injuries actions to which Part 2 of the Civil Liability and Courts Act 2004 , which applies to personal injuries actions as defined in section 2 of the Act, applies.