Application for discovery.

1. Any party to civil proceedings may apply to the Court by notice of motion to be served not less than four clear days before the hearing thereof for an order directing any other party to the proceedings to make discovery on oath of the documents which are or have been in his or her possession, power or procurement relating to any matter in question therein. On the hearing of such application the Court may make such order as it shall think fit either generally or limited to certain classes of documents and with or without terms as to security for the costs of the discovery or other terms or the Court may refuse or adjourn the application if the Court feels that discovery is not necessary or is not necessary at that stage of the proceedings.

2. An Order under Rule 1 directing any party to make discovery shall not be made unless:--

(a) the applicant for same shall previously have applied by letter in writing requesting that discovery be made voluntarily within a period of 21 days from the date thereof, and

(b) the party in question has failed, refused or neglected to make such discovery or has ignored such request.

Provided that in any case where by reason of the urgency of the matter or the consent of the parties, the nature of the case or any other circumstances which to the Court seem appropriate the Court may make such Order as appears proper, without the necessity for such prior application in writing.

Order for production of documents.

3. It shall be lawful for the Court at any time during the course of civil proceedings to order the production to any party thereto upon oath of such of the documents in the possession, power or procurement of such party relating to any matter in question in such proceedings as the Court shall think proper; and the Court may deal with such documents, when produced, in such manner as the Court may think just.

Form of Order.

4. The Order of the Court for discovery of documents shall be in the Form 46A.1, Schedule C.

Affidavit.

5. The affidavit to be made by a party against whom an order for discovery has been made shall specify which, if any, of the documents therein mentioned he or she objects to produce and it shall be in accordance with the Form 46A.2, Schedule C.

Notice to produce for inspection.

6. Every party to any cause or matter shall be entitled at any time, by notice in writing, to give notice to any party, in whose affidavit reference is made to any document, to produce such document for the inspection of the party giving such notice or of his or her solicitor, and to permit him or them to take copies thereof, and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his or her behalf in such cause or matter, unless he or she shall satisfy the Judge that such document relates only to his or her own title, he or she being a defendant to the cause or matter, or that he or she had some other cause or excuse, which the Judge shall deem sufficient for not complying with such notice, in which case the Judge may allow the same to be put in evidence on such terms as to costs and otherwise as he or she shall think fit.

7. Notice to any party to produce any documents referred to in his or her affidavit shall be in the Form 46A.3 Schedule C.

Notice of time for inspection.

8. The party to whom such notice is given shall, within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he or she does not object to produce, may be inspected at the office of his or her solicitor or in the case of bankers books or other books of account or books in constant use for the purpose of any trade or business, at their usual place of custody, and stating which (if any) of the documents he or she objects to produce and on what ground. Such notice shall be in the Form 46A.4 Schedule C.

Failure to comply with Order.

9. If any party fails to comply with an Order for Discovery he or she shall be liable to attachment. He or she shall also, if a plaintiff, be liable to have his or her action dismissed for want of prosecution, and, if a defendant, to have his notice of intention to defend, if any, struck out, and to be placed in the same position as if he or she had not defended. A party failing to discover shall be liable to the award of costs of not less than £150.00 (together with Value-Added Tax) or such greater sum as the Court shall allow.

Service on Solicitor.

10. Service of an order for discovery made against any party on his or her solicitor shall be sufficient service to ground an application for attachment for disobedience to the order. But the party against whom the application for attachment is made may show in answer to the application that he or she has had no notice or knowledge of the order.

Costs of discovery.

11. In every cause or matter, the costs of discovery shall be allowed as part of the costs of the party seeking discovery, either as between party and party or solicitor and client where, and only where, such discovery shall be certified by the court to have been reasonably asked for. Such costs shall not be less than £150.00 (together with Value-Added Tax).

Infants and guardians.

12. This order shall apply to infant plaintiffs and defendants and to their next friends and guardians ad litem.”

AN CHUIRT DUICHE

THE DISTRICT COURT

* District Court Area of

* District No.

* Dublin Metropolitan District

UPON APPLICATION

to the Court on this date by notice of Motion of the Plaintiff/Defendant;

AND ON HEARING

the respective parties;

IT IS ORDERED

1.

That the Plaintiff/Defendant do on or before the ................. day of ...................... 19 ....................., or before such further time as may be agreed between the parties make Discovery on oath to the Plaintiff/Defendant of all documents which are or have been in the power, pos session or procurement of the Plaintiff/Defendant in relation to the matters in question herein and in particular (as appropriate)

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

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

2.

That the said Affidavit be limited to the .............. years prior to the date of the inci-dent, the subject matter of this proceeding.

3.

That the said Affidiavit be sworn by the Plaintiff/Defendant or a nominee acceptable to the Plaintiff/Defendant.

4.

That the costs of and incidental to this application and Order be and are reserved.

AN CHUIRT DUICHE

THE DISTRICT COURT

* District Court Area of

* District No.

* Dublin Metropolitan District

AN CHUIRT DUICHE

THE DISTRICT COURT

* District Court Area of

* District No.

* Dublin Metropolitan District

TAKE NOTICE

that the Plaintiff/Defendant hereby requires the Plaintiff/Defendant in this cause to produce for his/her inspection the following documents(s)

which documents were referred to in the affi- davit of the Plaintiff/Defendant dated the .......day of ..................19 .........

AN CHUIRT DUICHE

THE DISTRICT COURT

* District Court Area of

* District No.

* Dublin Metropolitan District

TAKE NOTICE

* that you may inspect the documents mentioned in your Notice dated the ......... day of ..................... 19 ........ (except the documents numbered ......... in the Notice which may not be inspected) at ........ (insert place of inspection) on ........ day of ................ 19 ........, between the hours of ........ o'clock a.m./p.m. and ........ o'clock a.m./p.m.

* the Plaintiff/Defendant objects to giving you inspection of the documents mentioned in your notice dated the ........ day of ................ 19 ........, on the ground that (state ground)