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Prepare for court (High Court)

Find out what you need to do from starting a case to getting a hearing date in the High Court.

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Other High Court proceedings

Initiating proceedings

Under Article 34.3.1 of the Irish Constitution, you are entitled to issue proceedings in the High Court to litigate any issue of law or fact whether criminal or civil.

However, as the Circuit and District Courts have local and limited jurisdiction, if you proceed in the High Court and the amount awarded to you by the judge is less than the Circuit Court limit which is €75,000 (€60,000 for personal injury cases) or the District Court limit which is €15,000 you could be penalised by the High Court for the extra costs incurred by not taking your case in the lower court.

You should also be aware that the costs of proceedings are usually awarded to the party that succeeds in the case against the other party(ies).

The practice and procedure of the High Court is regulated mainly by the Rules of the Superior Courts and by Practice Directions issued by the President of the High Court.

The Rules set out how proceedings are started and specify the documents that must be filed, the content of those documents and how they are to be served. The Rules also provide detailed guidance on pre-trial matters such as interim relief, discovery and inspections. These procedures aim to ensure that cases are processed through the system efficiently.

The High Court sits in Dublin to hear original actions. It also hears personal injury and fatal injury actions in several provincial locations (Cork, Galway, Limerick, Waterford, Sligo, Dundalk, Kilkenny and Ennis) at specified times during the year (Court Calendar). In addition, the High Court sits in provincial venues to hear appeals from the Circuit Court in civil and family law matters.

The Central Office

High Court proceedings are issued (initiated) in the Central Office of the High Court which is located in the Four Courts in Dublin. Documents can be filed in person, by post, through a document exchange service (DX), or by depositing them in a box provided at the office.

Proceedings in the following types of cases are not issued in the Central Office, but in the relevant High Court offices as listed below:

You may issue various types of proceedings in the Central Office, using one of the originating documents listed:

Plenary summons

Type of case / action

You are obliged to institute proceedings in the High Court by issuing a plenary summons except where provided for or authorised elsewhere in the Rules of the Superior Courts (Order 1 Rule 6).

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Summary summons

Rules of the Superior Courts (Order 2)

Type of case / action

1. Actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:

(a) upon a contract, express or implied (as, for instance on a bill of exchange, promissory note, or cheque, or other simple contract debt); or
(b) on a bond or contract under seal for payment of a liquidated amount of money; or
(c) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(d) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or
(e) on a trust.

2. Actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits:

(a) against a tenant whose term has expired or has been duly determined by notice to quit; or
(b) for non-payment of rent.

3. Claims in which the plaintiff in the first instance desires to have an account taken.

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Special summons

Rules of the Superior Courts (Order 3)

Type of case / action

  1. The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument, save where there is a charge of wilful default or breach of trust.
  2. The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin, heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.
  3. The payment into court of any money in the hands of executors, administrators or trustees.
  4. A direction to any executors, administrators, or trustees to do or abstain from doing any particular act in their character as such (including the furnishing and vouching of accounts).
  5. The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.
  6. The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.
  7. The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.
  8. The determination, under the Finance Act, 1894, section 14(2), of a dispute as to the proportion of estate duty to be borne by any property or person.
  9. Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing Acts, 1881 to 1911.
  10. Applications regarding infants where no proceeding is pending that would make the infant a ward of court, including:
    • Sections 12, 16 and 17 of the Infants Property Act, 1830, as extended to Ireland by the Infants Property (Ireland) Act, 1935; section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855, as extended by the Glebe Lands (Ireland) Act, 1875, and the Leases for Schools (Ireland) Act, 1881.
    • The settlement of any property of an infant on marriage under the Infants Settlements Act, 1855, as extended to Ireland by the Infants Settlements (Ireland) Act, 1860.
    • The guardianship, care and maintenance, or advancement of any infant.
  11. The appointment of a trustee or a new trustee with or without a vesting or other consequential order; or any order consequential on such appointment, including those under the Trustee Act, 1893, section 39.
  12. The determination of any question under the Vendor and Purchaser Act, 1874, section 9.
  13. Any relief under the Married Women's Status Act, 1957, section 12.
  14. Any relief under the Trustee Act, 1893, sections 42 or 44.
  15. Matters relating to mortgages: sale, delivery of possession by a mortgagor, redemption, reconveyance, or delivery of possession by a mortgagee.
  16. Any relief in respect of funds lodged in court pursuant to the Lands Clauses Consolidation Act, 1845, section 69.
  17. An interpleader order.
  18. Applications concerning the lodgement, investment, or payment out of funds in court, where there is no pending proceeding and no other procedure is prescribed.
  19. Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents, and papers where there is no pending proceeding.
  20. Any other proceeding in which procedure by special summons is required or authorised by the Rules of the Superior Courts.
  21. Any proceeding required or authorised by statute to be brought in a summary manner for which no other procedure is prescribed by the Rules of the Superior Courts (e.g., claims under certain sections of the Succession Act, 1965).
  22. Such other matters as the court may think fit to dispose of by special summons.

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Personal injury summons

Rules of the Superior Courts (Order 1A)

Type of case / action

The first step in a claim for personal injury is to apply to the Personal Injuries Assessment Board (PIAB). A personal injury summons can only be issued when the PIAB provides a certificate stating they are releasing the claim other than in medical negligence claims.

Order 1A Rules of the Superior Courts provides the information and the procedure to be followed when issuing a personal injury summons.

Form 1 in Appendix CC to Rules of the Superior Courts sets out the format of the personal injury summons.

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Petition

Type of case / action

  1. Certain applications under the Companies Act 2014.
  2. Certain applications under the Assurance Companies Act 1909 (as amended) and the Insurance Act 1989 (as amended).
  3. Applications where a decree of nullity of marriage is sought.

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Originating notice of motion

Type of case / action

  1. An application under section 27 of the Local Government (Planning and Development) Act 1976 seeking an order prohibiting the unauthorised development or use of lands.
  2. An application for judicial review where leave of the court has been obtained to bring such application.
  3. Bail applications.
  4. Applications under certain sections of the Companies Act 2014 (see order 75 of the Rules of the Superior Courts as amended).
  5. Appeals to the High Court pursuant to section 42(1) Section 42(2) or section 42(3) of the Freedom of Information Act 1997 (see order 130 of the Rules of the Superior Courts - S.I. No. 325 of 1998).
  6. Certain applications under the Solicitors Acts 1954 - 1990.

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Judicial Review

Judicial Review is a mechanism by which an application can be made to the High Court to challenge the decision making processes of administrative bodies and lower courts.

The High Court Rules applying to judicial review applications are found in Order 84 of the Rules of the Superior Courts.

The specific types of relief that can be sought are:

  • Certiorari - quash a decision
  • Mandamus - compel the performance of a duty
  • Prohibition – prevent action being taken
  • Declaration – seek a judge’s declaration on the rights of the parties
  • Injunction – prevent an action being taken or to compel the taking of an action

To start a judicial review case you need three documents: a statement of grounds, a verifying affidavit and an ex parte docket. They should all be on A4 size paper. You must file the statement of grounds and the verifying affidavit in the Central Office of the High Court. The ex parte docket is handed into the court registrar when the application is made in court.

The Statement of Grounds should include the following:

  • Name, address and description of the Applicant
  • Reliefs sought and the grounds upon which the relief is sought
  • Name and registered place of business of the solicitors or, in the case of an applicant in person, the applicant’s address for service

Affidavit

The affidavit should verify the facts in the statement and should comply with the guidelines on affidavits and S.I. 310 of 2018.

Ex parte docket

The form of the ex parte docket should comply with High Court Practice Direction No. 59.

Fees

The statement of grounds, verifying affidavit and ex parte docket must each be stamped with the relevant court fee where applicable.

Applications for leave to apply for Judicial Review (other than for asylum and strategic infrastructure development matters below) are made on a Monday during the legal term. A copy of the papers to support the application must be left in the High Court Central Office by 11.00 on the morning of the application. The applicant then makes an ex parte application to court for leave to apply by way of judicial review.

If the application is granted, the applicant has to issue a notice of motion, or a plenary summons as the case may be, for the substantive relief sought. A return date for the notice of motion will be given by the Court.

This motion cannot be issued until the order granting leave to apply has been perfected. This motion must be issued within seven days of the perfection date (the date the order is signed by the court registrar) unless the order specifies another time limit. The order may give further directions.

When filing the notice of motion you must present both a copy of the order and the statement of grounds.

Granting leave to apply by way of judicial review does not act as a stay – if a stay is required same must be applied for explicitly. If a stay is granted but the notice of motion does not issue within the prescribed time, the stay lapses.

Asylum Judicial Review

See Practice Direction 81 and General Notice 20th February 2020.

Strategic Infrastructure Developments

All applications for leave to apply for judicial review in respect of permissions or decisions concerning strategic infrastructure developments must be made to the assigned judge each Thursday during term. See Practice Direction HC74 for details.

The type of document you use to begin your High Court case depends on the type of action you are bringing.

You will get a case record number when you issue your proceedings. All subsequent documents that are filed in the case (for example, pleadings, motions, affidavits) must have this number marked on them.

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Appeal from the Circuit Court

An appeal from the Circuit Court is made under Order 61 of the Rules of the Superior Courts. A Notice of Appeal must be filed within 28 days of the making of the Circuit Court order or judgment. The notice must be served and service indorsed on the back of the notice before it is lodged/filed. You do not need a copy of the Circuit Court order to file the appeal in the High Court.

The notice of appeal must be stamped with the relevant court fee.

Where you file your notice of appeal depends on whether there is oral evidence in the case.

If there is oral evidence, the appeal is lodged in the Circuit Court Office. If there is no oral evidence, the appeal is lodged in the Central Office and the appeal is heard in Dublin.

If the Circuit Court case was originally heard in Dublin, the appeal is lodged with the High Court Central Office.

Order 61 Rule 3 allows 28 days for the appeal to be served and lodged in the Central Office. If you are serving by post the appeal must be sent on the 9th day.

The notice of appeal must be served on the other party or their solicitor before filing in the office.

Filing a notice of appeal does not act as a stay on the Circuit Court order. A stay places a hold on the Circuit Court Order while you are waiting for the appeal to be heard. The application for a stay on the Order must be made in the Circuit Court. If the application is refused, you can appeal this refusal by serving and lodging a notice in the Central Office (Order 61 Rule 6) within four days. This can result in two appeals being lodged, in two locations, from one Circuit Court case.

If you are outside the time limits, you can apply for an extension of time within which to bring the appeal. To do this, you should file a notice of motion and grounding affidavit in the Central Office to apply to the Master of the High Court for an extension of time within which to lodge the appeal. If the extension of time is granted, the notice of appeal along with the Order of the Master should be serve. The notice should be indorsed and lodged in the relevant court office.

Statutory Appeal

A Statutory Appeal refers to an appeal against a decision of a body which has been set up by statute to exercise particular powers. Statutory Appeals are dealt with by Order 84C of the Rules of the Superior Courts.

Common appeals relate to decisions made by:

  • Commissioner for Environment Information
  • Financial Services Ombudsman
  • Information Commissioner (Freedom of Information)
  • Labour Court
  • Pensions Ombudsman
  • Private Residential Tenancies Board
  • Property Registration Authority
  • Private Security Appeal Board

Unless otherwise set out in legislation, appeals must be issued no later than 21 days from the date of receipt of the decision. The decision received from the State body may provide the timeframe for an appeal.

An appeal is made by filing an originating notice of motion with a grounding affidavit in the High Court Central Office. The notice of motion and affidavit must be stamped with the relevant court fee.

Once the notice of motion is filed and issued, you will be given a return date (next date to appear in Court). A copy of the notice of motion and affidavit must be served on the respondent (the other party in the proceedings).

Defending a case

To formally notify the plaintiff (the person bringing the case) and the court that you intend to defend the case, you ‘enter an appearance’ after a summons is served on you.

An appearance (called a Memorandum of Appearance in General), is a document which must be in the format set out in Order 12 of the Rules of the Superior Courts. If you are not represented by a solicitor, you can send the appearance by post, including copies and a stamped addressed envelope, to the High Court Central Office. An appearance for a company may only be entered by a solicitor, except with leave of the Court. A Conditional Appearance may be entered to challenge the jurisdiction (country) where the proceedings are to be heard.

To file an appearance you should check the following:

  • Have you attached the correct fees?
  • Is the appearance in the correct format?
  • Have you included three copies of your appearance? - two of which will be returned to you
  • If filing by post have you included a self-stamped addressed envelope?
  • Have you included the record number of your case in the top right hand corner? - for example, 2014/0000 P

You must serve the appearance document on the solicitor for the plaintiff or on the plaintiff him/herself if the plaintiff is not represented by a solicitor. You can serve the appearance by post on the solicitor or the plaintiff in person.

If you are served with a plenary summons, your appearance should request that a 'statement of claim' be sent to you.

Exchange of documents before case is ready for trial

A number of documents are exchanged between the parties before a case can be given a date for hearing. They are not filed in the Central Office but must be included with the documents for the judge on the day of the hearing.

You may also find it necessary to bring applications before the court before the hearing of your case. These applications are issued by way of notice of motion grounded on an affidavit.

If nothing has happened in your case for more than 12 months and you wish to make an application to the Court, you will need to serve a notice of intention to proceed on the other party and wait for a period of one month before filing any further documents.

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Exchange of documents before the case is ready for trial

These documents are not filed in the Central Office but must be included with the documents prepared for the judge on the day of the hearing.

You may find it necessary to bring applications before the court before the hearing of your case. These applications are issued by way of notice of motion grounded on (supported by) an affidavit.

If nothing has happened in your case for more than 12 months you will need to serve a notice of intention to proceed on the other party and wait for a period of one month before filing any further documents.

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Filing a High Court affidavit

An affidavit, governed by Order 40 of the Rules of the Superior Courts, is written sworn testimony. It is a statement of fact that allows evidence to be presented to the court. The person who makes the affidavit is referred to as ‘the deponent’. He/she avers to certain matters and swears or affirms that they are true.

The person swearing/affirming the affidavit must confirm that the facts in the affidavit are in his/her own knowledge. The affidavit cannot set out legal argument or hearsay or assumptions except on interlocutory motions, on which statements as to his/her belief, with the grounds thereof, may be admitted.

Affidavits should be sworn on a sacred text. If ethical or religious reasons prevent swearing on a sacred text the deponent may make an affirmation rather than an oath.

Affidavits are sworn or affirmed by a commissioner of oaths, solicitor or an officer empowered to administer oaths.

An affidavit opens with a paragraph in which the deponent states his/her name, that he/she is 18 years and over, his/her occupation and address. It goes on to say that he/she “makes oath and says as follows…”

The jurat, at the end of the affidavit, records the name of the deponent, where and when the affidavit is sworn or affirmed.

The person taking an affidavit must certify in the jurat that:

  • he personally knows the deponent, or
  • the deponent has been identified to him by some person personally known to him and named in the jurat who certifies his personal knowledge of the deponent, or
  • the identity of the deponent has been established by reference to a relevant document containing a photograph of the deponent before the affidavit was taken.

Any amendments to the affidavit must be initialled by the deponent and the commissioner of oaths taking the affidavit. Any amendment made following the swearing must also be initialled by both, and a new jurat is required.

Affidavits are filed by post or in person at the High Court Central Office. To file an affidavit you should check the following:

  • Is the document stamped with the correct court fee?
  • Is the affidavit in the correct format?
  • Did you include a stamped self-addressed envelope, if filing by post?
  • Did you include two copies of the affidavit, which will be returned to you?
  • Have you included the record number on the top right corner of the document – for example, 2014/0000 P?
  • Is the title of the case correctly set out?
  • Have you included the filing clause at the bottom of the affidavit? “Filed on behalf of the plaintiff/defendant, applicant/respondent by …”
  • Is the jurat completed correctly?

Exhibits (documents or items referred to in the affidavit) should not be included when filing the affidavit in the Central Office.

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Getting a date for hearing: setting a case down for trial

To set a case down for trial you must draft and serve a notice of trial and then file a copy together with a setting down docket at the High Court Central Office. The court rules in relation to trials are in Order 36 of the Rules of the Superior Courts.

You must stamp the setting down docket with the appropriate court stamp duty – currently €250.00.

In chancery and non-jury cases, in addition to the notice of trial and setting down docket you must file a certificate of readiness – this is a certificate signed by counsel confirming that your case is ready for hearing. The certificate, which is filed after the notice of trial and setting down docket, does not require court stamp duty.

Find more information about High Court Lists here.

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Guidelines for persons representing themselves in the High Court

It is not the function of the Courts Service staff to provide legal advice, or guidance in selecting the appropriate procedures to use in court.

While they can identify forms for you and provide information about practice and procedure of the courts, they cannot tell you what to say in court, what to put in your forms, draft or complete your forms or recommend solicitors.

The Central Office of the High Court

The public office for the High Court is called the Central Office. It is in the main Four Courts building on Inns Quay. It is open on weekdays from 10.00 a.m. to 4.30 p.m. and it does not close for lunch.

Procedures in the High Court

To prepare your case to be heard before a judge a number of documents should be filed. Our guidelines provide information on some of the more common documents to be filed in the Central Office of the High Court. Further information can be found in the Rules of the Superior Courts. These Rules and any amendments or updates are statutory instruments. You should familiarise yourself with these rules and ensure that you follow them.

The Practice Directions of the courts also deal with court procedures.

The Courts Service website

You will find a wide range of information on this website including a number of the court forms used in the High Court and a number of information leaflets. There is a separate section on family law.

Finding information about your case

The High Court Search shows the names of all High Court cases, except those that must be heard in private, for example, family law and asylum cases. It also shows documents filed in each High Court case, the dates on which cases appear in the court lists, and the orders that have been made. It does not give access to the contents of any documents.

Hearing dates

The Legal Diary contains information about hearing dates (trials, call-overs, lists to fix dates and motions). It is updated every day during the law terms.

Changes to hearing dates

Hearing dates may be changed for a number of reasons, for example, the parties or one of them may get an adjournment, a judge may be unavailable if an earlier case overruns, or due to other unforeseen circumstances, such as severe weather.

The Central Office of the High Court and the registrars have no responsibility for contacting any litigants, including those representing themselves, about court hearing dates or changes to court lists or case adjournments.

Information regarding changes to court lists is published on this website. In special circumstances, for example, during severe weather conditions the home page of the site is updated on a regular basis with information about cancellations, if any. You should check the website regularly.

Documents in civil High Court cases

Before a case can be tried in the High Court the parties must file / lodge various documents containing the details of their claim in the Central Office. They must then serve copies of them on each other. The Rules of the Superior Courts set out the documents that parties must lodge and serve for each type of case.

Filing / lodging documents in the High Court

You may attend in person in the Central Office to file / lodge the documents in your case or you may post documents you want to issue / file / lodge to the Central Office.

The postal address is Central Office of the High Court, Four Courts, Inns Quay, Dublin 7.

If you attend at the office and you are not in a position to remain in the Central Office to await service at a counter you may place your documents, in a sealed envelope in the deposit box in the Central Office for that purpose. If you post or deposit documents you must first pay the correct court fee on them and they must be fully completed, signed and dated. You must include a self-addressed sufficiently stamped envelope with your documents.

If the prescribed fee is not paid on the documents they will be returned to you without being checked, and documents that are incomplete or incorrect will be returned with a brief query sheet indicating the defect(s) found on them.

You must pay fees on many of the documents you file (see below). Documents that the Central Office accepts for filing are stamped with the Central Office date stamp. You must ensure that your document is correct and complete. Just because you file a document in the Central Office does not mean that it is correct and/or complete.

If you have requested a copy of any document on the file for your case you must call to collect it (requesting a copy is called ‘bespeaking’ it).

Fees for filing / lodging documents in High Court civil cases

You must pay court fees (called ‘stamp duty’) on documents lodged in most types of civil case, but not in most types of family law cases.

Details of these fees are set out in a statutory instrument called a Fees Order. Fees for the High Court are in the Supreme Court, Court of Appeal and High Court (Fees) Order. Fees are set in law and prescribed by statute and cannot be waived in any circumstances.

If you intend to defend yourself in High Court proceedings

If you are served with a High Court summons and you intend to defend yourself instead of instructing a solicitor to represent you, you must lodge a document called a memorandum of entry of appearance in the High Court Central Office (called ‘entering an appearance’).

The procedure for this is set out at Order 12 Rule 4 (a) (b) and (c) of the Rules of the Superior Courts. You must use the form prescribed in the Appendix A Part II of the Rules of the Superior Courts.

You must serve your appearance on the plaintiff’s solicitor so that they will know that you are defending the case. You will find the solicitor’s name and address on page 3 of the summons. When you have done this the solicitor will serve you with any further documents in the case.

Serving a High Court summons

The requirements for service of a High Court summons are contained in Order 9 of the Rules of the Superior Courts. Anyone over the age of 16 years can serve a High Court summons.

Documents for use in court

The Rules of the Superior Courts set out which documents must be filed in the High Court Central Office. You must serve copies of all these documents and copies of the exhibits on the other party or parties to your case. You must also bring copies of all the documents you intend to rely on into court on the day of the hearing so you can give them to the judge. It is not the function of the Courts Service staff to bring copies of any documents into court for that purpose, this is entirely a matter for you.

McKenzie Friends

Litigants may obtain reasonable assistance from a lay person, sometimes called a McKenzie friend (MF). Litigants assisted by MFs remain litigants in person. MFs have no independent right to provide assistance. They have no right to act as advocates or to carry out the conduct of litigation. Please read High Court Practice Directions 72 and 77 in this regard.

Access to court files in the High Court

In order to safeguard the integrity of court files maintained in the Central Office of the High Court files shall not be made available to any person attending at the office. For the avoidance of doubt this includes the parties to the proceedings and the solicitors on record, see High Court Practice Direction 86. A copy of a document on a file can be provided to a solicitor on record or a party to the proceedings where not legally represented upon payment of the relevant fee provided for in the Fees Order.

Expenses incurred in attending courts and court offices

The Courts Service takes no responsibility for expense incurred by any persons in travelling to any court or court office in connection with a case in which they are involved, whether as a party, as a witness or in any other capacity.

Judges

Judges are impartial in the administration of justice. For this reason they do not enter into correspondence with parties to cases before the courts and it is not appropriate to write to them. You should present any document you wish the judge to consider to that judge in open court.

Judges are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. The conduct of and decision reached in any court case is a matter entirely for the judge. Any decision, finding or ruling of a judge can only be addressed through the courts and it is a matter for the person concerned to take advice as to whether to appeal that decision to a higher court.

Phoning the High Court Central Office

Each day as many as 100 people visit the Central Office. The priority of the Central Office staff is to provide them with the service they require, which may mean that phones cannot be answered at peak times. If possible you should communicate with the Central Office by email at [email protected]

Listing of cases

If you want information about the date for which a case is listed, you can check online using High Court Search or send an email to [email protected]

Contacting the registrar in your case

  1. Look up your case on High Court Search. In the 'Order Details' view, the initials of the registrar will appear under the heading ‘Registrar’.
  2. Send an email to one of the dedicated email addresses below with the High Court Record Number in the subject line. Do not enter any other text in the subject line.

3. Your specific query or request can be added into the body of the email.

Useful sources of information

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