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Ammended defence, circuit civil court

  • 12-02-2009 10:49pm
    #1
    Mr Burns
    Closed Accounts Posts: 119 ✭✭


    Are you allowed to submit an ammended defence in the circuit court after an inital appearance/defence is lodged?

    Would you need to make a motion first?


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Order 65 of the Circuit Court Rules

    You need a notice of motion returnable for the County Registrar if its on consent, the Circuit Judge if its contested. With the notice of motion is an affidavit exhibiting the proposed amendments with the additions underlined and the deletions struck through.


  • #3
    Mr Burns
    Closed Accounts Posts: 119 ✭✭Mr Burns


    Thanks for that.

    Now if say the other side has served a notice of motion on the defendant looking for a summary judgement on the grounds the original defence was not complete ie they claim it is purely a delaying tactic, can the defendant head off the planitiffs motion by filing his ammended defence motion? The defendant wishes to challenge the otherside.

    This is a purely hypothecial situation.


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I don't think you can race the plaintiff in the manner you are suggesting.

    So the plaintiff has filed for a summary judgement because the defence filed a non defence? The defence now wants to amend its defence to thwart the plaintiffs motion for judgement?

    I don't think you can get the first motion adjourned to file the defence motion. Maybe you could.


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    You would put in affidavits for the motion seeking summary judgment saying that you intend to amend your defence and possibly exhibiting the amended defense you propose to use. You also would issue a notice of motion seeking an order permitting an amended defence and get it listed for the same time as the motion seeking summary judgment.


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