Magistrates Civil
Magistrates’ Courts may exercise jurisdictions in recovery of debts where the amount or balance claimed does not exceed certain low amounts where are prescribed. Where any legislation declares that the debt is recoverable summarily, it should be recoverable in proceedings under the Magistrates’ Courts under the below procedure, irrespective of the amount.
Civil proceedings are commenced by issue of a civil process. It must be commenced within six years. A person whose liquidated claim exceeds the jurisdiction limits may abandon the excess of the claim. Equivalent rights apply in respect of set-off or counterclaim.
The Magistrates’ Court has limited jurisdiction in ejectment proceedings. It applies where rent is less than €110 per annum;the person is in possession of land by permission such as a licensee or caretaker; any premises when lands are recoverable summarily under older landlord and tenant legislation.
Where the term or interest in a premises has been ended by a notice to quit and the tenant, neglects or refuses to deliver up possession; or where a licensee or tenant refuses to give possession; or the landlord is entitled to take possession under in accordance with the above mentioned legislation; the landlord may recover possession summarily by issuing a process requiring the tenant or occupier to appear before the court to show cause why the landlord should not be put in possession unless the tenant shows good legal basis, then the landlord or owner shall be put in possession of the premises by decree.
Where a tenant or occupier overholds the premises after the tenancy is lawfully determined and possession has been lawfully demanded, the tenant or occupier is liable to pay landlord or owner, sum equivalent to the rents while he overholds.
The procedure in each of debt and ejectment proceedings, require the defendant to appear before the court of summary jurisdiction acting for the petty sessions district in which the defendant resides or in which the business premises used or occupied by him are situate. Where the plaintiff appears and the defendant does not appear, the court may after proof of service, proceed in his absence or adjourn the proceedings.
Where neither party appears, the court may strike out the proceedings. Where the plaintiff informs the court he does not wish to apply for the order, it may allow the proceedings to be withdrawn. The court may, without hearing the parties or any evidence, upon such conditions as may be prescribed, make an order against a defendant to which he consents. The court may dismiss the claim on its merit.
A decree may be made absolutely or conditionally. If it appears the court does not have jurisdiction at any stage, the proceedings would be transferred to the county court.
Where an enactment provides for an appeal to be made to a court of summary jurisdiction and the Magistrates’ Courts rules do not specifically provide; or, where they authorise an application for a licence, permit, or authorisation, the matter, appeal or application shall proceed by way of notice. The notice is served in the manner prescribed upon the clerk of the petty sessions. In the case of an appeal of any decision or determination of a public or local authority, on the other party to the proceedings and any party on or whose behalf representations were made to the authority and any such person as shall be prescribed.
The court shall hear the appellant or applicant; evidence relevant to the appeal; any person served with notice who opposes and asks to be heard; and any relevant evidence that person may adduce. The court may itself direct notice to be served on any person whom it considers proper to be served.
Civil proceedings may issue upon complaints in the Magistrates’ Court in certain circumstances in certain cases. Where a complaint in a civil matter is made to a justice of the peace for a County Court division, which is court of summary jurisdiction sitting for that county division has power to make an order against the person.
The justice may issue a summons directing the person to appear to answer to complaint. On the hearing of a complaint in a civil matter, the court shall, if the defendant appears and is represented, state the substance of the complaint. After hearing the evidence and representations made by the parties or on behalf of them, it may make such order on which it has jurisdiction upon the complaint or may dismiss it. Where the defendant or his representative admits the truth of the complaint, the court may, make an order without hearing evidence.
Where, the complainant appears but the defendant does not appear, the court may, without prejudice to its powers, adjourn or proceed in his absence. It may only hear the matter if it is proved that the summons was duly served within what appears to be a reasonable time before the hearing or the defendant has appeared on a previous occasion to the complaint.
Where the defendant appears and the complainant does not appear, the court may dismiss the complaint, order it to be struck out, adjourned, or, if sufficient evidence has been received on a previous occasion, proceed in the absence of the complainant. Where the court has been unable to adjudicate on the complaint in a civil matter, it may order the complaint be dismissed, without prejudice to a further complaint alleging the same cause of complaint.
Witnesses and Procedure in the Magistrates’ Court
A summons may be issued to require a person to attend and give evidence. If it is apprehended a person will not attend and give evidence at preliminary inquiry or investigation, the witness may be detained by the warrant.If a witness fails to attend on summons, a warrant may be issued for his arrest.
A person who is duly summonsed, who fails to appear without reasonable excuse at the time appointed, is guilty of an offence.
If a person without just cause, having been sworn as a witness, fails to give evidence or without just excuse, he may be committed unto custody for a period up to one month as may be specified or a fine up to £2,500