Notice of the making of this Statutory Instrument was published in


“Iris Oifigiúil” of 8th April, 2016.


We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act 1936

, section 67, by virtue of the powers conferred upon us by The

Courts of Justice Act 1924

, section 36, and the

Courts of Justice Act 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act 1961

, section 48), the

Courts (Supplemental Provisions) Act 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.


Dated this 29th day of October, 2015.


Sean Ryan Mary Laffoy


Peter Kelly Deirdre Murphy


Paul McGarry Gerard Meehan


Stuart Gilhooly Michael Kavanagh


Noel Rubotham John Mahon


I concur in the making of the following Rules of Court.


Dated this 4th day of April 2016.


FRANCES FITZGERALD,


Minister for Justice and Equality.


S.I. No. 148 of 2016


RULES OF THE SUPERIOR COURTS (SERVICE OF DOCUMENTS) 2016


1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Service of Documents) 2016, shall come into operation on the 3rd day of May 2016.


(2) These Rules shall be construed together with the Rules of the Superior Courts.


(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2016.


2. The Rules of the Superior Courts are amended by the substitution for sub-rule (1) of rule 2 of Order 121 of the following sub-rule:


“2.(1) Save where otherwise provided in these Rules, the delivery or service of any document under these Rules, for which personal service is not required, shall be effected:


(a) by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or a copy thereof (as may be appropriate) by registered prepaid post to, the residence or place of business in the State of the person to be served, or


(b) subject to sub-rule (2), by delivering the document or a copy thereof (as may be appropriate) to the solicitor (if any) who has accepted service or who is recorded in the proceedings as acting for that person in the proceedings to which the document relates by


(i) leaving the document or copy at that solicitor’s place of business in the State or at a document exchange service designated by that solicitor in accordance with sub-rule (2) through which that solicitor accepts documents, or


(ii) sending the document or copy by registered prepaid post to that solicitor’s place of business in the State.”















EXPLANATORY NOTE


(This note is not part of the instrument and does not purport to be a legal interpretation.)


These rules amend rule 2(1) of Order 121 (Service of Documents) of the Rules of the Superior Courts to clarify that the methods, specified in rule 2(1), for service or delivery of documents not requiring to be served personally are subject to any other methods of delivery or service specified in other provisions of the rules for particular types of proceedings.