Court Rules of Ireland

Order 49: Hearing, transfer and consolidation



1. Subject to the provisions of the Constitution and of the Acts, any cause or matter in the High Court may be heard by a Judge, provided that, if the President of the High Court should be of opinion that any cause or matter or any particular part of any cause or matter should be heard by more than one Judge, he may direct that such cause or matter or such part thereof shall be listed for hearing before two or more Judges as he shall direct.

2. Any cause or matter may, at any stage, be transferred from one Judge to another Judge by either of such Judges with the consent of the other Judge.

3. A particular application in, or any particular part of, any cause or matter may be heard and disposed of by any Judge, who shall consent to do so, at the request or with the consent of the Judge before whom the cause or matter is pending.

4. When an order has been made by any Judge for the winding-up of any company or for the administration of any assets of any testator or intestate, the Judge before whom such winding-up or administration shall be pending shall have power, without any further consent, to order the transfer to such Judge of any cause or matter pending before any other Judge brought or continued by or against such company or by or against the personal representative of such testator or intestate as the case may be.

5. Nothing in this Order or these Rules contained shall take away or prejudice the right of any party to any action to have questions of fact tried by a jury where he may by law so require.

6. Causes or matters pending in the High Court may be consolidated by order of the court on the application of any party and whether or not all the parties consent to the order.

7. (1) Where any action or proceeding is pending in the High Court which might have been commenced in the Circuit Court or the District Court, any party to such action or proceeding may apply to the High Court that the action be remitted or transferred to the Circuit Court or the District Court (as the case may be), and if the High Court should not consider the action or proceeding fit to be prosecuted in the High Court it may remit or transfer such action or proceeding to the Circuit Court or the District Court (as the case may be) to be prosecuted before the Judge to such Circuit or (as the case may require) the justice assigned to such District as may appear to the court suitable and convenient, upon such terms and subject to such conditions as to costs or otherwise as may appear just.

(2) (a) An application under this rule to remit or transfer an action may be made at any time after an appearance is entered and before service of notice of trial.

(b) An application under this rule in relation to an action or proceeding to which s 1(1) of the Courts Act, 1988, applies, may be made at any time before the commencement of the trial of such action or proceeding.

[SI 20/89]