The Gazette 1981

GAZETTE

JANUARY/FEBRUARY 1981

PRACTICE MEMORANDUM ON THE ISSUING AND SERVICE OF SUBPOENAS Practice Memorandum from the President of the High Court Concerning the Issuing and Service of Subpoenas and their Period of Effectiveness. in a practice memorandum recently issued by the President of the High Court, Mr. Justice Finlay, it is provided that a subpoena issued in respect of an action for a particular term need not under any circumstances be re- issued merely because of the adjournment of the action, and the subpoena must be deemed, having regard to the provisions of the Rules of the Superior Courts (O. 39, R 25 to 34, and Forms I, 2 and 3 in Appendix D) to be effective for a hearing in the following or later term. The full text of the President's practice memorandum is as follows: Having regard to the provisions of Order 39, Rules 25 to 34 inclusive, and to Forms Nos. 1, 2 and 3 in Appendix D of the Rules it does not appear that there is any statutory prohibition against the effectiveness of a subpoena issued for and in respect of the trial of an action in one particular term where that action has been post poned or adjourned to a later term. Since as a practical matter, although the subpoena requires the attendance of the witness on a particular day and so on from day to day until the cause is tried solici tors universally inform the witness of the particular day which has been fixed for the hearing of the case, no incon- venience, injustice or abuse could arise from dispensing with the practice which has heretofore been observed in the Central Office of requiring the issue of a new subpoena where the action for which a subpoena was originally issued has been postponed or adjourned to a later term. I am therefore satisfied that this practice may now be discontinued and that a subpoena issued in respect of an action for a particular term need not under any circum stances be re-issued merely because of the adjournment of the action, and must be deemed having regard to the provisions of the Rules to be effective for a hearing in the following or later term. A consideration of the Rules would also indicate that there is no statutory prohibition or bar to the issue of a subpoena in one particular term made returnable for an action not to commence until the following term. If, there fore, solicitors seek the issue of a subpoena in any parti cular term for an action which has been fixed to commence in the succeeding term the Central Office can issue such subpoena, the date of course being the date of the commencement of that term or of the list in which the action is on that term. This ruling applies to both subpoena ad testificandum and to subpoena duces tecum.

Registration of Births, Deaths and Marriages

In the July/August 1980 issue of the Gazette there was published a directive from the General Register Office, Custom House, Dublin 1, suggesting that, due to the considerable waiting period in the issue of certificates from the General Register Office, applications be sent in writing to the Superintendent Registrar of Births, Deaths and Marriages for the County in which the event occurred. The position in regard to non-Roman Catholic marriage certificates has been clarified in a letter dated 22 December 1980 received from Mr. Brendan Hensey, Ard Chlaraitheoir, in the course of which he states: "Superintendent Registrars have custody of completed register books of births, deaths and Catholic marriages which take place in their area and have no functions with regard to the issue of certificates of non-Catholic marriages. "The system of registering non-Catholic marriages varies and is somewhat complicated. The question of where a person might obtain a certificate, other than ffom the General Register Office, is dependent on the nature of the marriage, e.g. marriage by religious ceremony, marriage in the presence of a Registrar of Marriages or marriage by civil ceremony by a Registrar of Marriages. As a general rule, certificates of non-Catholic marriages can be obtained from the General Register Office after the quarterly returns of marriages have been received, which is usually about six weeks after the expiration of the quarter in which the marriage takes place. In the case of a non-Catholic marriage by religious ceremony, certificates would also be obtainable from the clergy attached to the church or building in which the marriage was celebrated. If the marriage was performed by civil ceremony or in the presence of the Registrar of Marriages, a certificate could Mr. Hensey also states in his letter that the situation with regard to arrears of work in the General Register Office has improved considerably since the directive was issued, but there is still a waiting period of a few weeks for certificates. He states that while arrears should be cleared soon, if the attention of the General Register Office is drawn to any applications of special urgency every effort will be made to deal with them quickly. be obtained from the Registrar." Arrears in General Register Office

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