NEW CIRCUIT COURT RULES INTRODUCED TO MAKE RECEIPT OF COURT DOCUMENTS BY EMAIL EASIER COME INTO EFFECT 17th October 2018

Keith Walsh practices in the area of family law, is Chairman of the Child and Family Law Committee of the Law Society and is a member of the Circuit Court Rules Committee.

The Rules of the Superior Courts have been amended to enable parties wishing to receive documents in proceedings by e-mail to indicate as much in the originating document, or, as appropriate, the appearance.

The Circuit Court Rules have also been amended for the same purpose, (S.I. 378/2018) as and from 17th October 2018 as follows:

ORDER 5, Rule 3 has been substituted so as to provide that a solicitor acting for a plaintiff or a plaintiff suing in person, where consenting to the receipt of documents by electronic mail, shall additionally indorse upon the Civil Bill his or her electronic mail address (in lieu of his or her registered place of business) to which documents in the proceedings may be sent

in electronic form. The indorsement is amended accordingly- see bold below [new ORDER 5 Rule 3(3)]

“This Civil Bill was issued by......., whose registered place of business is........, *[and who consents to the service of documents in the proceedings by electronic mail to ...............], solicitor for the plaintiff, ........., who *[resides/has his/her place of business] at...... and is..........”

ORDER 15, Rule 1 has been amended to provide that

a defendant entering an Appearance shall send same, where the Civil Bill signifies consent to such means, by electronic mail, to the plaintiff (if (s)he sues in person) or to his or her solicitor

an Appearance shall, where the defendant/ defendant’s solicitor consents to the receipt of documents in the proceedings by electronic mail, contain his or her electronic mail address to which documents may be sent in electronic form

‘This Appearance is entered by ..............., solicitors, whose registered place of business is at.........., solicitors for the defendant *[who consent to the service of documents in the proceedings by electronic mail to ...............’

in any proceedings where entry of an Appearance is not required or any case where consent to the receipt of documents in the proceedings by electronic mail has not beenendorsed under the preceding provisions, a solicitor or party may give notice of such consent by letter in writing sent by ordinary pre-paid post to the other party or, if that party is legally represented in the proceedings, that party’s solicitor.

Note: this also applies to an Appearance contesting jurisdiction pursuant to the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Brussels on 27 September 1968; Regulation (EU) No 1215/2012; the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007; Council Regulation (EC) No 2201/2003; Council Regulation (EC) No 4/2009.

OTHER CIRCUIT COURT RULE CHANGES COMING INTO EFFECT FROM 17th OCTOBER 2018 ARE:

S.I. No. 379 of 2018 CIRCUIT COURT RULES (FINES (PAYMENT AND RECOVERY)) 2018-effective from 17th October 2018

Section 7 of the Fines (Payment and Recovery) Act 2014 provides a range of sanctions (attachment of earnings, recovery order by sheriff, community service or imprisonment) relating to the enforcement of the fine where the person the subject of the fine has failed to pay the fine by the due date. Where such as person is in default, they must be notified in writing to attend court on a specific time and date and to provide to the court a statement in writing of their financial circumstances.  

Section 7(10) of the Act provides that the form of statement of financial circumstances will be prescribed in the rules of court.

The changes insert a new Order 41A (Fines (Payment and Recovery)) in the Rules of the Circuit Court to provide for the issue of a notice to attend court in accordance with section 7(4) of the 2014 Act and prescribe a statement of financial circumstances (Form 55) in accordance with section 7(10).

S.I. No. 380 of 2018 CIRCUIT COURT RULES (ORDER 68) 2018- SEXUAL OFFENCES – effective from 17th October 2018 -these changes to the Rules follow on from the introduction of section 19A of the Criminal Evidence Act 1992, as inserted by section 39 of the Criminal Law (Sexual Offences) Act 2017;