UPDATE RE: Possession Civil Bills Before the County Registrar at the Dublin Circuit Court

Practitioners please note the following;

Further to the statement of the President of the Circuit Court and due to the current provisions of the Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations 2020, and in anticipation of the easing of Level 5 Covid -19 restrictions, the Dublin County Registrar will resume hearing Possession Civil Bills from Thursday 10th June 2021, in Court 33, Ground Floor, Aras Ui Dhalaigh, Inns Quay, Dublin 7 (Court capacity 9 persons) in a staggered list, two Possession Civil Bill listed every 20 minutes, (on a trial basis), the start times will be published in the Legal Diary.

Arrangements are in place to ensure compliance with HSE distancing requirements and your cooperation is appreciated and expected. To comply with social distancing requirements staggered times have been allocated for practitioners to attend Court for the hearing of these motions. You must only attend Court at your scheduled time. The hearing will take place in accordance with public health and the Courts Service guidelines.

Those cases already listed for hearing from 10th June 2021 will be heard as scheduled and the list will be filled with cases adjourned, the first list will be published in early course.

PLEASE NOTE THE FOLLOWING:

1. Attend in court at the appointed/designated time as there are no waiting facilities.

2. Only those persons necessary for the hearing should attend court.

3. The minimum number of necessary legal representatives for each party to attend court. The attendee must be able to deal with the matter/application.

4. Where a Defendant is currently the subject of a Protective Certificate issued under Section 95 of the Personal Insolvency Act, 2012, the Plaintiff’s solicitor will bring the matter to the attention of the Court and the Defendant need not attend court on the first hearing date. A Defendant seeking an adjournment for any other reason must attend in court in person on the hearing date. Any documents to be relied upon in support of that adjournment application must be lodged in the Circuit Court Civil Office as per 7 below and must be served on the Solicitor for the Plaintiff NOT LATER THAN 5 WORKING DAYS  prior to the hearing date.

5. There will not be a second call due to the current restrictions.

6. The parties must leave court and remove all belongings at the expiry of the allotted time.

7. All affidavits and exhibits musts be filed in the Circuit Court Civil Office NOT LATER THAN 5 WORKING DAYS prior to the hearing. Documents will not be accepted in Court. When filing documents for upcoming court attendance ensure the Court Office is notified of the correct record number, date and time of hearing of the matter.

8. The Plaintiff must file and serve the required affidavit setting out the progress since the last hearing date and the reason for seeking an adjournment, if applicable, (save and except an adjournment sought where a Protective Certificate is in place).

9. The moving party must lodge in the Circuit Court Office in hard copy, a clean, complete,  indexed and paginated book of pleadings and for the hearing of the application, NOT LATER THAN 5 WORKING DAYS prior to the hearing date.

10. Where the Respondent is a litigant in person the Solicitor for the Plaintiff must inform the litigant in person of the hearing date and time and ensure that all documents are properly served AND must send a copy of this notice to the unrepresented party. Proof of such service must be included in the booklet for court.

The consent mailbox is no longer operational.

Rita Considine
County Registrar for Dublin
05 May 2021

If you require us to attend, or if you have any queries regarding this, please contact Trevor Hosey thosey@pearts.ie