District Court arrangements during Trinity Term

11/05/2021 14:56:39

The President of the District Court has published details of measures between 10 May 2021 and 30 June 2021.

District Court update

These measures will allow access to the courts principally by allowing only a relatively small number of legal professionals to progress matters on their clients’ behalf and keeping those who do need to attend court to a minimum, or to those most in need of assistance. They will be constantly reviewed in line with public health guidelines and may be subject to change as the guidelines change or experience suggests changes are required.

Courts have adopted measures to stagger the court day according to business and the scheduling of hearings or applications. Details of the schedule adopted by each court will be available from the court offices or may be set out on the Court Service Website. There may be some variations in the volume of work that can be safely carried out in different Districts as some court buildings will have a greater capacity for waiting than others. Therefore it will be important to be familiar with the schedule for the court that you are attending.

Criminal matters and The Children Court

Solicitors may advise their clients to attend court only for entering their election for summary trial, for service of a book of evidence, to attend a hearing or for sentencing.
Prisoners will appear in court by live TV link as per Practice Direction DC 20, which has been extended to 31 December 2021.

Applications for legal aid need not be accompanied by a signed statement of means for the duration of this level of restriction and this will be reviewed later. All scheduled criminal hearings listed will proceed where it is safe to do so. Practitioners and Gardaí are asked to advise the judge when fixing trial dates of the number of witnesses likely to be called in each case. The judge may direct that the attendance of witnesses be staggered during the trial to ensure compliance with restrictions and limits on numbers in the court.

Civil law, licensing, and regulatory matters

All civil law and civil regulatory matters will recommence from Monday 17 May. Hearings in cases which have been adjourned due to the restrictions will be prioritised in the order in which they were originally listed. Where licensing matters, minor rulings and case management hearings are currently being held remotely, and they will continue unless otherwise directed by the judge. If there is particular urgency in a case, an application can be made to the judge, who will decide whether an earlier hearing can be allocated and issue any necessary directions. If parties compromise or agree matters, they can provide the court office with the terms of compromise and the court will rule all matters that can properly be ruled.

Family law

Family law matters listed before the District Court will proceed at the times specified. Parties should attend court on their own unless they have a need for an advocate or support person.

If both parties agree to adjourn or have reached an agreement, then they or their legal representatives may email the terms of agreement to the court office and a consent order will issue as set out in Practice Direction DC16.

The District Court will be open to hear new applications for protection from domestic violence. Court offices will be open to issue other new applications. Court users can arrange an appointment with the court office to issue proceedings or leave completed documents in the drop box at their local court office and applications will issue through the post.

Parties are asked to note that – if the other party seeks an adjournment of the case on the grounds of illness, a need to isolate or a reluctance to travel – then there is a strong possibility that the case will be adjourned.

Parties are also asked to note cases requiring long hearings in court or which may require numbers of witnesses to attend may be adjourned to a time when they can be heard with greater safety.

Child care cases

Child care cases will continue to be dealt with in the District Court as scheduled.

Section 18 hearings may continue with the consent of the presiding judge. Practitioners are asked to advise the judge, when fixing trial dates, of the number of witnesses likely to be called in each case. The judge may direct that their attendance be staggered during the trial to ensure compliance with restrictions on numbers in the court.

If the parties have reached agreement, then a consent order may issue in accordance with Practice Direction DC14.

Consent adjournments can be notified to the relevant court office by email and new dates will be provided by return email to the parties. Practitioners are asked to deal with matters as much as possible at call overs and to agree to adjourn all non-urgent applications.

General guidance

In all District Courts, only people who have been summoned to court or who have business listed before the court should attend at court buildings for the foreseeable future. Exceptions will be made for advocates or support workers to attend with vulnerable witnesses. Those with business before the court are asked to come to court only at the time specified. Legal practitioners are asked to have their instructions taken in advance of the court event, and to have any settlement talks in advance of court appearances.

Those attending court are requested to observe public health guidance regarding social distancing, hand hygiene, cough/sneeze etiquette and use of face coverings while in the court building and the court room.