Prepare for court

Taking a case in the High Court

Under Article 34.3.1 of the Irish Constitution, you have the right to start proceedings in the High Court to deal with any issue of law or fact, whether criminal or civil.

When a lower court may be more appropriate

The Circuit Court and District Court have local and limited jurisdiction. If you bring your case in the High Court but the amount awarded is below the limits of the lower courts, the High Court may order you to pay extra costs because the case could have been taken in a lower court:

• Circuit Court limit: €75,000 (or €60,000 for personal injury cases)
• District Court limit: €15,000

Legal costs

The court usually awards legal costs to the party who succeeds in the case. This means the losing party may have to pay some or all of the other party’s costs. Read more about costs of proceedings.

Rules and procedures

The practice and procedure of the High Court are mainly set out in the Rules of the Superior Courts and in Practice Directions issued by the President of the High Court.

The Rules explain how to start proceedings, what documents you must file and serve, and the required content of those documents. They also cover pre-trial steps such as interim relief, discovery, and inspections. These procedures help cases move through the system efficiently.

Where the High Court sits

The High Court sits in Dublin to hear original actions. It also hears personal injury and fatal injury actions at specified times during the year in the following locations:

• Cork
• Galway
• Limerick
• Waterford
• Sligo
• Dundalk
• Kilkenny
• Ennis

In addition, the High Court sits in provincial venues to hear appeals from the Circuit Court in civil and family law matters. See the High Court sittings calendar for dates.

Central Office

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

Matters issued in other High Court offices

Some types of proceedings are not issued in the Central Office. Use the relevant office below:

Probate motions

Dealt with by the Probate Office.

Wardship petitions and motions

Dealt with by the Office of Wards of Court.

Bankruptcy summonses and motions

Dealt with by the Office of the Examiner of the High Court.

Starting a High Court case

You can start proceedings in the Central Office using one of these originating documents (the document you use depends on the type of action):

• Plenary summons
• Summary summons
• Special summons
• Personal injury summons
• Petition
• Originating notice of motion

Case record number

When you issue your proceedings, you will get a case record number. You must include this number on all documents filed in the case, such as pleadings, motions, and affidavits.

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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

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