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Conditional appearances

  • 23-02-2008 1:20am
    #1
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭


    How does one make a conditional appearance in the district court? Hypothetically speaking of course.


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    A conditional appearance is essentially an appearance subject to jurisdiction. Challenges to jurisdiction are usually based on whether the offence, tort or breach of contract was comitted in the relevant District Court district, that there is a fatal defect in the summons, that a higher court has session of the substantial matter or that the matter is non-justicable (good luck on that one).

    In civil matters, unlike the higher courts (where an appearance can be made in a court office), in the district court it is made when the person turns up.

    As a conditional appearance is a challenge to jurisdiction, it must, of necessity, be made before the Court hears any submissions, so even applying to adjourn a summons will affect your ability to challenge jurisdiction.

    So, if you want to make a conditional appearance in the district court, hypothetically you wait until the matter is called for the first time and make your objection to jurisdiction known before anything else is said.


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    So, if you want to make a conditional appearance in the district court, hypothetically you wait until the matter is called for the first time and make your objection to jurisdiction known before anything else is said.
    That would be almost impossible to do as the applicants solictor will always be straight in before anyone can get another word in.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Bond-007 wrote: »
    That would be almost impossible to do as the applicants solictor will always be straight in before anyone can get another word in.

    Well I mean before the application is moved or anything is done with the matter i.e. I appear for the applicant in that matter. I appear for the respondent subject to a challenge to XYZ. If the applicant tries to move the application straight off just get up, interrupt and make your objection. As a conditional appearance is basically saying that there is a proceedural reason why the court cannot hear the application or action, it should be heard before the substantive application. The applicant's solicitor should, in any event, check to see if there is any appearance by the respondent (especially in family law) before making the application.

    Even if that that stage the judge decides to adjourn or whatever, it will be on record that there is an initial objection to jurisdiction, and that objection can be heard in due course. Whereas if, for example, the matter is adjourned a few times before the objection to jurisdiction is raised it might cause difficulties.

    That's what I would hypothetically do, that is.


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