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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
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According to Circuit court rules, 1 can a civil bill be

Customer Question

According to Circuit court rules,
1 can a civil bill be amended on application by a plaintiff solicitor other than the one that signed the original civil bill after 12 months elapsed. Could you please quote the court rule/s
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. Under the circuit Court Rules the power of amendment is given in Order 65 to "any party". Here it is important that the power to amend is the client's and not the solicitor's power of amendment. By the terms of Order 67, rule 1, "Any act required by these Rules to be done by a party may be done by him in person or by his Solicitor." This means that the power of amendment which is required to be done by the party, may be done by his solicitor. So, as long as there is a solicitor on record for the client, that solicitor may exercise the power of amendment on behalf of his client. There is no rule that the first solicitor briefed by the client has to do any amendment. The client can appoint "his" solicitor to do any amendment. In practice, this means that any new solicitor must come on record for the client to amend the original Civil Bill. Otherwise, the client must do it himself, in person.

Customer: replied 1 year ago.
Thank you for your reply but With the main question I meant the original civil bill signed by plaintiff not by the solicitor . And plaintiff solicitor put notice of motion with an affidavit signed by their practice solicitor . My confusing arise can any one else rather than who signed original affidavits and civil bill can sign / swear affidavit . I thought they had to be same person . I am already aware of rule 65 . Also they have done this after 18 months of original civil bill ?
Kind regards
Expert:  Buachaill replied 1 year ago.

2. You are wrong in thinking that the same person has to both sign the original affidavit and the civil bill. There is no rule to this effect. You are mistaken in thinking that the same person has to do everything. It makes no difference that this occurs 18 months later. So long as there is a solicitor on record, then that solicitor or the plaintiff can do it.