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  2. Prepare for court (High Court)

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.

Table of contents

  1. Initiating proceedings
  2. Defending a case
  3. Exchange of documents before the case is ready for trial
  4. Filing a High Court affidavit
  5. Getting a date for hearing: setting a case down for trial
  6. Guidelines for persons representing themselves in the High Court

Taking a case in the High Court

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 or 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. Where no proceeding is pending by reason whereof the infant is a ward of court, applications concerning: (a) sections 12, 16 and 17 of the Infants Property Act, 1830 (as extended to Ireland); section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855 (as extended), and the Leases for Schools (Ireland) Act, 1881; (b) settlement of any property of an infant on marriage under the Infants Settlements Act, 1855 (as extended); (c) 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; vesting orders; or orders directing a person to convey.
  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. Sale, delivery of possession by a mortgagor, or 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 re: lodgement, investment, or payment out of court funds where there is no pending proceeding and no other procedure 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 other proceeding required or authorised by statute to be brought in a summary manner and for which no other procedure is prescribed (e.g. certain Succession Act, 1965 claims).
  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 PIAB provides a certificate releasing the claim (medical negligence claims are treated differently).

Order 1A sets out the information and procedure for issuing a personal injury summons. See Form 1 in Appendix CC for the required format.

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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

Used where statute or the Rules of the Superior Courts permit an application to commence by originating notice of motion. See the guidance at originating notice of motion.

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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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Defending a cas

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

An appearance (called a Memorandum of Appearance in general) is a document that must follow 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 to the High Court Central Office. Include copies and a stamped addressed envelope. For companies, an appearance may only be entered by a solicitor, unless the Court grants permission. A conditional appearance can be entered to challenge the jurisdiction (the country where the proceedings are to be heard).

Checklist before filing an appearance

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

You must serve the appearance on the solicitor for the plaintiff, or on the plaintiff directly if they are not represented. You can serve the document by post or deliver it 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 trial

Before a case can be given a trial date, the parties exchange a number of documents. These documents are not filed in the Central Office, but they must be included in the set of papers given to the judge on the day of the hearing.

You may also need to make applications to the court before the hearing of your case. These applications are made by notice of motion and supported by an affidavit.

If your case has been inactive for over 12 months

If nothing has happened in your case for more than 12 months and you want to take further action, you must:

  1. Serve a notice of intention to proceed on the other party.
  2. Wait 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.

Guide to pre-trial documents and steps

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Filing a High Court affidavit

Affidavits

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 the deponent. They aver (state) certain matters and swear or affirm that they are true.

The deponent must confirm that the facts in the affidavit are from their own knowledge. The affidavit cannot set out legal argument, hearsay, or assumptions, except on interlocutory motions, where statements of the deponent’s belief (with the grounds for that belief) may be admitted.

Affidavits should be sworn on a sacred text. If ethical or religious reasons prevent this, the deponent may make an affirmation instead of an oath.

Affidavits are sworn or affirmed before a commissioner for oaths, a solicitor, or another officer who is empowered to administer oaths.

What an affidavit contains

An affidavit usually opens with a paragraph stating the deponent’s name, that they are 18 years or over, and their occupation and address. It then states: “makes oath and says as follows…”.

The jurat (at the end of the affidavit) records the deponent’s name and where and when the affidavit was sworn or affirmed.

Identity requirements for the jurat

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

  • they personally know the deponent, or
  • the deponent has been identified to them by someone personally known to them (named in the jurat), who certifies their personal knowledge of the deponent, or
  • the deponent’s identity has been established by reference to a relevant document containing a photograph of the deponent before the affidavit was taken (see S.I. No. 487/2012).

Amendments

Any amendments to the affidavit must be initialled by the deponent and the commissioner for oaths who takes the affidavit. Any amendment made after swearing/affirming must also be initialled by both, and a new jurat is required.

Filing an affidavit

Affidavits can be filed by post or in person at the High Court Central Office. Before filing, check:

  • The document is stamped with the correct court fee.
  • The affidavit is in the correct format.
  • If filing by post, a stamped self-addressed envelope is included.
  • Two copies are included (these will be returned to you).
  • The case record number is on the top right-hand corner (for example: 2014/0000 P).
  • The title of the case is correctly set out.
  • The filing clause is included at the bottom (for example: “Filed on behalf of the plaintiff/defendant, applicant/respondent by …”).
  • The jurat is completed correctly.

Do not include exhibits (documents or items referred to in the affidavit) 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 of that notice together with a setting down docket at the High Court Central Office. The rules for trials are set out in Order 36 of the Rules of the Superior Courts.

What you need to file

  1. Serve the notice of trial.
  2. File a copy of the notice of trial at the High Court Central Office.
  3. File the setting down docket.

You must stamp the setting down docket with the appropriate court stamp duty (currently €250).

Chancery and non-jury cases

In chancery and non-jury cases, you must also file a certificate of readiness. This is a certificate signed by counsel confirming that your case is ready for hearing. File it after the notice of trial and the setting down docket. No court stamp duty is required for the certificate of readiness.

For sitting times and lists information, see High Court lists.

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Guidelines for persons representing themselves in the High Court

High Court – Central Office and Procedures

What Courts Service staff can and cannot do

Courts Service staff cannot give legal advice or guide you on which court procedures to use. They can identify the correct forms and explain the practice and procedure of the courts, but they cannot:

  • Tell you what to say in court
  • Tell you what to put in your forms
  • Draft or complete your forms
  • 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, Dublin 7. Opening hours are 10:00 a.m. to 4:30 p.m., Monday to Friday (no lunch closure).

Procedures in the High Court

To prepare your case for a judge, you must file certain documents. Guidelines are available for common documents filed in the Central Office. See the Rules of the Superior Courts and Practice Directions for detailed procedures. These are statutory instruments, so you should make sure you follow them.

Information on the Courts Service website

You can find:

Finding information about your case

The High Court Search shows the names of most cases (except private cases such as family or asylum), documents filed, listing dates, and court orders. It does not give access to document contents.

Hearing dates

The Legal Diary lists hearing dates for trials, call-overs, lists to fix dates, and motions. It is updated daily during law terms.

Changes to hearing dates

Hearing dates can change for reasons such as adjournments, judge availability, or unforeseen events (e.g., severe weather). The Central Office and registrars are not responsible for contacting litigants about changes.

Check the Courts Service website regularly for updates, especially in severe weather when the home page will display any cancellations.

Documents in civil High Court cases

Before a case is tried, each party must file and serve documents containing the details of their claim. The required documents are set out in the Rules of the Superior Courts.

Filing or lodging documents

You can file documents in person or by post to: Central Office of the High Court, Four Courts, Inns Quay, Dublin 7.

When filing by post or deposit box, documents must:

  • Have the correct court fee paid
  • Be fully completed, signed, and dated
  • Include a self-addressed stamped envelope

Incorrect or incomplete documents will be returned with a query sheet. Accepted documents are stamped with the Central Office date stamp, but it is your responsibility to ensure accuracy.

Fees

Court fees (“stamp duty”) apply to most civil High Court documents but not to most family law documents. See the Fees Order for details. Fees cannot be waived.

If defending yourself

If served with a summons and representing yourself, you must file a memorandum of entry of appearance (“entering an appearance”) using the form in Appendix A Part II of the Rules. See Order 12 for the procedure.

Serve your appearance on the plaintiff’s solicitor (or the plaintiff directly if they have no solicitor).

Serving a High Court summons

See Order 9 of the Rules. Anyone over 16 can serve a High Court summons.

Documents for use in court

You must serve copies of all required documents and exhibits on the other party and bring copies for the judge on the hearing day. Courts Service staff do not bring documents into court for you.

McKenzie Friends

A McKenzie Friend (MF) may assist a litigant in person but cannot act as an advocate or conduct litigation. See High Court Practice Directions 72 and 77.

Access to court files

Files in the Central Office are not available for public viewing, including to the parties. Copies of documents can be provided to a solicitor on record or to an unrepresented party on payment of the relevant fee. See Practice Direction 86.

Expenses

The Courts Service is not responsible for expenses incurred by anyone attending court or a court office in connection with a case.

Judges

Judges are impartial and independent. They do not correspond with parties and decisions can only be challenged through court processes, usually by appeal.

Phoning the Central Office

Due to high visitor numbers, phone calls may not be answered at peak times. Email is recommended: [email protected].

Contacting a registrar

  1. Check your case on High Court Search and note the registrar’s initials.
  2. Email the relevant list address with the High Court record number in the subject line:

3. Include your query in the body of the email.

Useful sources of information

This information is for general guidance only. It is not legal advice or a guide to representing yourself in the High Court.

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