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General adjournment with liberty to re-enter

18 Mar 2020 / courts Print

General adjournment with liberty to re-enter

The President of the High Court has directed that for the remainder of this term no new cases or trials will begin even if they do not involve oral testimony from witnesses.

All non-jury, judicial review, chancery, commercial and family law cases will be adjourned generally with liberty to re-enter. 

All motions in all lists which are returnable for Monday 23 and Monday 30 March are adjourned generally with liberty to re-enter.

Motions in the judicial review list which are returnable for Tuesday 24 and Tuesday 31of March are adjourned generally with liberty to re-enter.

If motions listed in those lists are considered urgent by the moving party  a motion seeking injunctive relief, then the relevant registrar should be notified by email (at hcmotions@courts.ie) no later than 4 pm on this Thursday, 19 March, and the case will be listed on the appropriate day. 

Judges will be available throughout the remainder of the term to hear urgent applications in respect of the six types of business identified in the notice of Friday last.

Those judges will sit in the Criminal Courts of Justice (CCJ) to deal with bail and extradition matters.

Judges will sit in the Four Courts to deal with any of the other four types of business identified habeas corpus, wardship, injunctions and their enforcement and urgent applications for judicial review. 

These arrangements will come into effect from today. All interested parties are advised to continue to check the legal diary on courts.ie for updates on specific court lists. 

The Circuit Court  

The President of the Circuit Court has mplemented the following measures:  

1. Criminal Cases  
A. Ongoing jury trials to continue to conclusion.
B. No new jury trial will commence for the remainder of this term.
C. Custody sentencing cases to be dealt with as usual or by video link depending on the application.
D. Non-custody cases to be mentioned as usual and remanded to appear on date after 10 June. 
E. Defendants’ solicitors to inform their clients they need not attend if on bail. For unrepresented persons the Circuit Court offices will advise the litigants directly. Gardaí to be advised to caution the defendants of the adjourned date. Office of the DPP/defence solicitors to inform witness summonsed for Circuit Court matters (save for ongoing trials or sentences) that they do not need to attend. A judge will be available to sit on each circuit to hear urgent applications.   


2. District Court Appeals   
District Court Appeals are to be remanded after 10June. A judge sitting to hear urgent applications will remand/adjourn the district court appeals list to a date after that date. The Circuit Court offices will advise parties of adjourned dates. A judge will be available to sit on each circuit to hear urgent applications.   

3. Family Law   
Family Law lists will be adjourned to a date after 20 April. Parties to be advised of the adjourned dates by the Circuit Court offices. Practitioners or parties do not need to attend the Family Circuit Court unless notified by order of the Court. 

A judge will be available to sit on each circuit to hear urgent applications. Urgent applications are to be submitted to the relevant Circuit Court Office. 

4. Civil Cases and Motions   

Civil lists will be adjourned to a date after 20April. Parties to be advised of the adjourned dates by the Circuit Court offices. Practitioners or parties do not need to attend the Circuit Court unless notified by order of the Court. 

A judge will be available to sit on each circuit to hear urgent applications. Urgent applications are to be submitted to the relevant Circuit Court Office. 

The District Court        

1.        Parties with non-urgent cases are no longer required to attend court.

2.        The District Court will continue to hear urgent matters only in all District Court Districts throughout the country. 

3.        Urgent matters are:

Criminal Law 
Cases where the accused is in custody and cases where people are charged with new offences. It does not include criminal cases where the accused is on bail or is not in custody. 

Remands where the accused is in custody should be dealt with by video-link wherever possible. 

Family Law 
New applications for protection orders or interim barring orders and return hearings of interim barring order cases. If safety order hearings are being adjourned interim protective orders will be extended to the new date. 

Child Care Law   
Extension of care orders and interim care orders and emergency care orders and exceptional or urgent interim care orders. 

4.        If your case does is not included in the description of urgent matters above, then it is a non-urgent matter and parties do not need to attend court.

5.        Solicitors are to inform clients that they do not need to attend where their case is a non-urgent matter.

6.        Non-urgent cases will be adjourned, and parties will be told of their new court dates by ordinary post or by their solicitor or barrister where one is present.

Civil Matters 
7.        All District Court civil matters are considered to be non-urgent and will be adjourned generally with liberty to re-enter either on consent or on notice to the other party. 

Exceptions 
8.        Any case which does not come into the defined ‘urgent’ category may be treated as urgent if a good case can be made. A party can email the relevant court office setting out the reasons why the case should be considered urgent. This should be on notice to the other side which must be given a chance to set out its position.

These measures will be reviewed at the end of the legal term on the 12 April or earlier if needed. 

 

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