John Deasy (Waterford, Fine Gael)
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137. To ask the Minister for Justice and Equality the average waiting time for Circuit Court civil cases to be heard in the Waterford city and Dungarvan Circuit Court areas. [35962/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the average waiting time for the hearing of Circuit Court civil trials listed for hearing at the Circuit Court venues in Waterford and Dungarvan is 3 to 6 months. The waiting time is defined as the elapsed time from when a Notice of Trial is lodged in the Circuit Court office to the date the case is listed for hearing. The Courts Service has advised that typically, when a Notice of Trial is lodged and the case is ready for hearing, the case will be listed for the next scheduled civil sittings and will be dealt with.

However, while the average waiting time is 3 to 6 months, this does not mean that all cases will be dealt with within this timeframe. Cases can be and are adjourned, on occasions, from sitting to sitting and such adjournments are, in general, at the request of legal practitioners representing one or both parties. In addition, a case may need to be adjourned due to the fact that its complexity or the estimated time which it will take to hear the case may require a special sitting or a particular Judge may have seising of the case.

As the Deputy will also be aware, the conduct of any court case is a matter for the presiding Judge who is, subject to the Constitution and the law, independent in the exercise of his or her judicial functions.