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Time taken to get a high court date

  • 14-06-2010 11:17pm
    #1
    Registered Users, Registered Users 2 Posts: 226 ✭✭


    Hi all just wondering if anyone here knows how long it takes from issuing proceedings to getting a court date. I know it varies around the country I'm talking Kilkenny or Waterford. Thanks for all replies.


Comments

  • Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    The High Court is in Dublin.

    Do you mean the Kilkenny/Warterford Circut Court?


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    There are a lot of preliminary steps and exchanges of documents between the parties before "pleadings are closed" and case set down for hearing either in Dublin High Court or in one of the provincial High COurt venues

    Notice of trial then served and case set down for hearing.

    Case will be listed in the Court Services website and you can follow it's progress on their web site.

    Too many variables to give a specific length for any case at any venue.

    Generally cases seem to go through quicker if listed for one of the provincial venues. This may be because defendants more inclined to settle coming up to end of the sessions - usually a fortnight.

    However to get to a proviincial venue the parties have to certify that the case will not be longer than three days - could be costs penalties if the case does run for more than three days etc etc etc

    It can be the pits to have a case listed in Dublin if you and your witnesses are not based in Dublin.

    Talk to your solicitor


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Farcear wrote: »
    The High Court is in Dublin.
    Doesn't it also sit in Cork?


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Yes there are sittings of the High Court for "Jury cases" - in effect personal injury cases in a number of provincial centres - not just in Dublin.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    nuac wrote: »
    Yes there are sittings of the High Court for "Jury cases" - in effect personal injury cases in a number of provincial centres - not just in Dublin.

    Personal injuries are not heard before juries.


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  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Yes Juries long since abolished in personal injury cases, but such cases still called Jury cases, Jury list etc by lawyers dealing with them.

    Just trying to explain the types of cases usually heard outside Dubllin.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Oh yeah, sorry.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    2 Things:

    1) there is a special jury list for defamation and trespass etc cases which do have juries which is called the "jury list".

    2) a change in the rules appears to do away with the automatic listing of provincial personal injury sittings (if I understand it correctly, to get a provincial listing you have to apply to a judge in Dublin.

    http://www.courts.ie/rules.nsf/lookuppagelink/0A6467AB0C8412B08025773600368435?opendocument&l=en


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yes, Section 94 of the Courts of Justice Act 1924 and Section 1 of the Courts Act 1988 prescribes what JS says above. Sorry I know it is slightly off topic.


  • Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    Victor wrote: »
    Doesn't it also sit in Cork?

    If you count the Criminal Court, then it has also sat in Limerick, Sligo, Ennis, Cork and Castlebar.


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  • Registered Users, Registered Users 2 Posts: 226 ✭✭selfbuildkk


    Thanks for all the replies appreciated.


  • Registered Users, Registered Users 2 Posts: 5 Jess113


    Hi looking for advice /information .
    Had a work related injury in jan2016.
    Have received authorisation to seek a court assessment threw injuries board . (Only took almost a year lol) .
    Have been to seek medical,defence ,engineers reports,engineers meetings the lot . In April lawyer in formed me defence open to discussion it would take few weeks . Nothing happened . Same in May. In May he filled for notice off hearing . In June communications stated that we would have notification off upcoming court date in October as courts where closed but defendants still wanted to sit down and discuss .
    In August still going for discussion everything that had to be completed for court was definitely 100% complete and ready to go . But they were giving defence an opportunity to sit down just no date was forth coming . In September still no date .
    On the 11th October. Lawyer stated that he would ask barrister to have the case progressed on the 16th October at the call over hearing that morning . So that we may finalky get a hearing date and move things on .
    For 2 yrs I have been led to believe
    A. Case would be settled within a gr8.
    B. Defendants wished to sit down to discuss. This has been going on for 6 months . But their either on holiday or not available to meet this week or this month .
    C. My lawyer was on holiday
    D. Will be settled after Xmas..
    E. Case would be heard in Dublin.

    Now I find out the below .

    I have spoken with our Barrister about your case. Your case is being heard in Waterford High Court, as the accident took place in County Offaly.

    The arrangements at Waterford are slightly different to the norm in Dublin, in that we do not have to request a Court date, once the Notice of Trial has been served (this was done on 1st May) the case is automatically put forward for Trial.

    You are on the list for Trial and all we have to do is wait. We just sit back and wait for a date to come through.

    As you will see from the list of cases, you are quite far down so a Trial date will be at some stage after Christmas.

    You are currently number 546 on the list, and this will keep moving up.

    Things are done slightly different outside of Dublin. It is slightly annoying that we cannot be given a date set in stone, but this is just how things are dealt with in Waterford.

    Does any one have any idea on how long it takes to actually get notification of a hearing date . Surely after 7 months there would be some mention of a court date for a hearing . Instead of just wait and see ..

    Any information or advice would be greatly appreciated. I think my lawyer acting the maggot here 🀨


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry, you will have to keep in touch with your solicitor for this information
    Closed


This discussion has been closed.
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